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HomeMy WebLinkAboutAgenda Packet - CC - 2008.01.07 CITY 0 BURUNGAME 0 �o mo �A11T[A JVu66 BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING AGENDA Monday January 7,2008 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 December 17, 2007 5. PRESENTATION a. Presentation&Acceptance of the FY 2006/07 Comprehensive Annual Financial Report(CAFR) b. Remember Judge Robert F. Kane, long time resident of Burlingame and former Ambassador to Ireland 6. PUBLIC HEARINGS a. Appeal of the Planning Commission's approval of an application for design review, hillside area construction permit, special permit, and variance for upper and lower level additions to a single- family dwelling with attached garage, on property at 2724 Martinez Drive, located within a single family residential zone b. Final Adoption of Amendment to Business License Ordinance to include Contract Municipal Recreation Employees in payment exemptions c. Public Hearing to approve expenditure of Supplemental Law Enforcement Services funds also referred to as COPS (Citizens Options for Police Spending) 1 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. Authorize design of a Centennial Project at Washington Park instead of the Burlingame Train Station— Discuss/Approve b. Council discussion and direction on potential June 2008 Ballot Measure for funding deferred capital improvements—Discuss/Direct 9. APPROVAL OF CONSENT CALENDAR a. Approval of Labor Agreement with Teamsters Local 856 b. Recommendation to confirm revised 2008 City Council Assignments c. Adoption of Resolution fixing the Employer's contribution under the Public Employees' Medical and Hospital Care Act effective January 1, 2008 d. Approve 2008 City of Burlingame Investment Policy e. Approval of a three year agreement with Municipal Auditing Services (MAS)to conduct a Business License Tax Audit and Enforcement Program; Approval of a forty-five (45) day business license tax amnesty period commencing March 1, 2008; and, adoption of a Resolution of the City Council designating Municipal Auditing Services as an authorized City representative to examine sales and use records f. Resolution accepting Mills Canyon Sewer&Access Road repairs project by Hillside Drilling g. Resolution accepting the SCADA (Supervisory Control and Data Acquisition System) Project by Fluidiqs, Inc. h. Request to attend Out of State Conference for Librarian Amy Pelman 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. Department Reports: Police,November, 2007 2 b. Two letters from Comcast concerning programming adjustments 15. ADJOURN TO CLOSED SESSION IN MEMORY OF JUDGE ROBERT F. KANE CLOSED SESSION a. Threatened Litigation (Government Code § 54956.9(b)(1), (3)(C)): Claim of Day Yan and Sharon Tsuei (CSAA) 16. 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.burlingame.org. Agendas and minutes are available at this site. NEXT MEETING—TUESDAY,JANUARY 22, 2008 3 CITY 0 STAFF REPORT BURUNGAME AGENDA ITEM# Study Session MTG. DATE: 01/07/08 �NATED DYNE N TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 31,2006 APPROVE FROM: Jim Nantell 558-7205 BY SUBJECT: Study Session to Discuss the Draft Council Policies and Pr cedures 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 F. Draft Tentative Timeline for June 2008 General Obligation Bond Measure 6th Draft COUNCIL POLICY Attachment A CITY OF BURLINGAME CATEGORY: Council January 7,2008 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 cued:nan. published by the League of California Cities. Dd OW:6 DW-RW:6 Council Policy—Council Conduct 1.1.1 1 Janu 200 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 Deleted:6 Deleted:6 -- Council Policy-Council Conduct 1.1.1 2 Janu 200 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. H. 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. _ Deli AW:December Letters or any other mailings with a council member's signature(or the names of Deleted,6 one or more Councilmembers in the letter)that are to be sent out to more than 199DekaW:6 Council Policy—Council Conduct 1.1.1 3 7anu 2004 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. 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 rim an efficient public meeting and has the discretion to modify the public hearing process in order to oekdW: make the meeting run smoothly. Councilmembers may only ask relevant questions for clarification of stated facts and they will not express opinions during the public Deleted:6 [Weted:6 --� Council Policy—Council Conduct 1.1.1 4 Jana Zpp 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. I. COMMITTEE FORMATION Request by Council members to create a 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 not longer be issued nor 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. If two or more Council members request an item be1p aced „ber on a future agenda the Mayor will do so with in a reasonable period of time. ADeIeW:6 Council vote can be taken to place an item on a specific meeting date.:6 Council Policy—Council Conduct 1.l.l 5 Janu 200 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 Councihncmbers shall respect the confidentiality of information concemingthe property, personnel or affairs of the City whether disclosed in closed session or others ise They shalt neither disclose confidential information without prover legal authorization.nor use such information to advance their personal financial or other private interests III. 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 ord -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 _ agenda or the Chair's actions,those objections should be voiced politely and �n�ea with reason,following procedures outlined in parliamentary procedure. Deleted:6 Deleted:6 Council Policy—Council Conduct 1.1.1 6 Jmuary A 200> 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 aretdeemed appropriate for odecea:;s 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 publicpresence-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 Deleted:neemba staff as they work forward to implement the Council's direction. odea:6 Ddsted:6 Council Policy—Council Conduct 1.1.1 7 Janu 200 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 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.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 directIN to the appropriate staff members for follow-up,with copies to the City Manager and City Clerk. The City Clerk receives a-mails addressed to"Grp- Council"and will 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. 8. Do not get involved in administrative functions.Councilmembers must not attempt to influence City staff on the making of appointments,awarding of Dew:D..b r contracts,selecting of consultants,processing of development applications,or Deleted:6 Deleted:6 Council Policy—Council Conduct 1.1.1 8 January,? - - - ; granting of City licenses and permits.Municipal Code Section 3.04.050 prohibits Council interference in administrative functions. 9. Check with City staff on correspondence before taking action. Before sending correspondence,Councilmembers should check with City staff to see if an official City response has already been sent or is in progress. 10. Do not attend meetings with City staff unless requested by staff.Even if the Councilmember does not say anything,the Councilmember's presence implies support,shows partiality,intimidates staff,and hampers staffs ability to do their job objectively. 11. Limit requests for staff support.Routine secretarial support will 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. 12. 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. 13. 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 The Chair will determine and announce limits on speakers at the start of the :6 public hearing process. Generally,each speaker will be allocated three veered:6 Council Policy—Council Conduct 1.1.1 9 Janu 200 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. The mayor alone may thank the speakers at the conclusion of the public comment. 3. Practice active listening. It is disconcerting to speakers to have 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 interru_..pt a sneaker during a presentation.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 Dde :u�ne, frequently be asked to explain a Council action or to give their opinion :6 about an issue as they meet and talk with constituents in the community. It DeIeW Meted:6 Council Policy—Council Conduct 1.1.1 10 Janu 200 , 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,remove 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. 4. Ensure that your involvement in other community events,and organizations are kept separate from your role as a City Councilmember. VL COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES "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 Qty or personal oetetea: interests.It_is important to realize that corning from an elected official,many people including other government officials may perceive any 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 give a statement on an issue,the Councilmember must j clearly state: 1)whether his or her statement reflects personal_opinionor is the Deleted:if official stance of the City,2)if a�osition as an elected official_,whether this is the majority or minority opinion of the Council.Ifthe Councilmember is representing the City,the Councilmember must support and advocate the official City position on an issue,not a personal viewpoint.If the Councilmember is _Deleted:s representing another organization whose position is different from the City,the Deleted:ing Councilmember should withdraw from voting on the issue if it significantly Deleted:,except in those situations impacts or is detrimental to the City's interest.Councilmembers should be clear where they have been appointed by the Mayor or Coum l as the City of about which organizations they represent and inform the Mayor and Council of ;' &rclingame's reritwaftfive to the other their involvement. goven-ental body,should Deleted:do so 2. Except in those situations where the Council Member has been%Mointed by the :`,.�_an - Mayor or Council as the City of Burlingame's representative to the other " Derated: governmental body_a Council Membe>Fshould Vea ,before another governmental `,;'.' Dated: agency as a City officiallonly;with the consent]of the majority of the City Council. j= „ council members should not join or participate on a countywide subcommittee on ;' Derated:6 regional matter without concurrence of the majority of the City Council. Delated:6 Council Policy—Council Conduct 1.1.1 11 JMuagA,2004 - ------------f f 3. Correspondence also should be equally clear about representation.City letterhead may be used when the Councilmember is representing the City and the City's official position. A copy of official correspondence should be given to the City Clerk to be filed in the Council Office as part of the permanent public record. It is best that City letterhead not be used for correspondence of Councilmembers representing a personal point of view,or a dissenting point of view from an official Council position.However,should Councilmembers use City letterhead to express a personal opinion,the official City position must be stated clearly so the reader understands the difference between the official City position and the minority viewpoint of the Councilmember. 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." DdeW,6 Deleted:6 f Council Policy—Council Conduct 1.1.1 12 LMu 2004 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. 6. 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.Fan 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. 4Discussion 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 DeIeW;Dxmbw part of a past City Council action,or to share factual information on a subject Weted:6 being discussed on the blog,but Councilmembers should avoid speculating as to ;6 ---� Council Policy—Council Conduct 1.1.1 13 Janu 200 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. 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 :nnba violation(s)can be brought up with the full Council in a public meeting. (WOW:6 l"e'zte -6 1 Council Policy-Council Conduct 1.1.1 14 Janu 2001 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. 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? Deleted:n�t,� What are my interior motives and the spirit behind my actions? CDd*tW:6 Deleted:6 Council Policy-Council Conduct 1.1.1 15 Janu 2004 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? 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 DeIeWd:Dacmber DWeW: Manners-A way of acting;a style,method,or form;the way in which thing are doneDdeted:6 Council Policy—Council Conduct 1.1.1 16 Janua 2001 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 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 language below: Legislative action by the State and Federal legislative bodies can often result in situations wherethe 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. Deleted:December Deleted:6 Deleted:6 Council Policy—Council Conduct 1.1.1 17 Janua 200 RESOLUTION NO. 117-1999 ATTACHMENT 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING CITY COUNCIL POLICY ON ROTATION OF COUNCIL OFFICERS WHEREAS, Section 36802 of the Government Code requires the City of Burlingame have a Mayor and Vice Mayor; and WHEREAS, by Council tradition the Council has rotated the office of Mayor and Vice Mayor annually at the second meeting in November of each year; and WHEREAS,the Council desires to insure an equitable rotation of officers amongst all persons elected to the City Council, NOW, THEREFORE, be it RESOLVED and DETERMINED by the CITY COUNCIL of THE CITY OF BURLINGAME that the following procedure shall govern the appointment of Council officers: 1. Rotation of the office of Mayor and Vice Mayor shall occur annually at the second City Council meeting in November of each year. 2. The Vice Mayor shall become Mayor if eligible and a new Vice Mayor shall be appointed from the remainder of the councilmembers next in order of position on the rotation list described below. If the Vice Mayor is ineligible, unable, or declines to serve as Mayor,then councilmembers next in order of position on the rotation list described below shall fill both the offices of Mayor and Vice Mayor. 3. A rotation list based on seniority of consecutive years in the office of councilmember and this resolution is established pursuant to Exhibit A. 4. As changes in Council membership occur, the rotation list shall be updated as follows: A. The outgoing mayor shall be placed ahead of any councilmembers newly elected in the November general election, if any, but below all continuing and re-elected council-members B. A newly elected or appointed councilmember shall be placed at the bottom of the rotation list upon taking office. If more than one councilmember is elected or appointed at the same time, the newly elected or appointed councilmembers shall draw straws to determine their position relative to each other at the bottom of the rotation list. 1 C. If a councilmember declines to serve as either mayor or vice mayor when it is that councilmember's turn to serve,the declining councilmember shall be placed on the rotation list ahead of any councilmembers newly elected in the November general election, if any, and below all continuing and re-elected councilmembers. If however,more than one councilmember at the same time declines to serve as either mayor or vice mayor when it is their turn to serve, the declining councilmembers shall be placed in the same relative order to each other as before but below all other councilmembers on the rotation list. 5. The same process for rotation of officers contained in this resolution shall be used if the office of mayor or vice mayor becomes vacant at a time other than the second Council meeting in November of each year. However, if the vacancy occurs because the mayor or vice mayor is no longer able or willing to serve in that office, the outgoing officer shall be placed below all other councilmembers on the rotation list. 6. For purposes of this resolution, "the November general election"refers to the City general election that has occurred on the first Tuesday of November immediately preceding the second Council meeting for that November. Mayor I, 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`day of November, 1999, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, KNIGHT, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerk [U:\FILES\COUNREPS\mayorlist2007.ccr.wpd] 2 EXHIBIT A ROTATION LIST FOR OFFICES OF MAYOR AND VICE MAYOR (November 1, 1999) 1. Mayor Mary Janney 2. Vice Mayor Marti Knight 3. Councilmember Rosalie O'Mahony 4. Councilmember Joe Galligan 5. Councilmember Mike Spinelli (Immediate Past Mayor) 3 ATTACHMENT C PROCEDURES FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS 1. Application Dates. a. The City Manager will report when the term of office of a commissioner or board member will be expiring to the City Council approximately thirty(30) days in advance. The City Manager will also report any board or commission vacancy to the City Council. b. The City Council will then determine what deadlines for applications will apply for each board or commission. Generally, deadlines will be three (3) or more weeks following the Council's determination. The City Council may extend the deadlines as the Council may deem appropriate. 2. Advertisement. The City Clerk will post notice of the vacancies and deadlines at City Hall,the Main Library, and such additional places as the City Clerk determines may be helpful. For unscheduled vacancies, the City Clerk will also post notices as required by Government Code section 54974. 3. Applications. a. A standard application form together with supplemental questions will be provided by the City Manager to persons interested in appointment to a vacant office. b. Incumbent commissioners and board members seeking reappointment, as well as new applicants, will complete the application forms and return them to the City Manager by the designated deadline in order to be considered for appointment. However, a board member or commissioner who has been appointed to fill an unexpired term within the previous twelve(12) months will not be required to complete and file an application. C. Applicants are expected to have attended at least one meeting of the board or commission for which they are seeking appointment. d. Applications will only be accepted for specific vacancies. Persons who have applied for previous vacancies will be kept on an interest list for a period of two (2)years by the City Manager and be mailed notices of pending vacancies during that period. 4. Interviews. a. The City Council will interview all of the applicants, including incumbents, who have submitted applications by the designated deadline. Pursuant to the Brown Act,these interviews will be conducted at an open and public meeting. 5/7/2007 1 b. If an applicant is unable to interview with the Council at the time appointed by the Council because of a personal emergency or other compelling reason, the Council will make an attempt to reschedule the appointment but is not required to do so. The Council may conduct interviews by telephone so long as the requirements of the Brown Act are met. However, a candidate who is unable to be interviewed will be dropped from consideration. C. Normally,the appointments to the vacant positions will not be made immediately following the interviews, but will rather be made at the next meeting of the City Council. 5. Appointments. a. Appointments are made at regular or special meetings of the City Council by open motion and voting. Ballots will not be used. b. If there is more than one office to fill on a board or commission, the Mayor may direct that the voting be conducted on an applicant pool basis; in other words,the City Clerk is asked to read the name of each candidate with each Councilmember entitled to vote for the number of applicants equal to the number of open positions, with a majority vote required to appoint an applicant; if the Council is unable to reach a majority vote to fill the offices, an applicant receiving the fewest votes will be dropped through each voting cycle, until the required number of appointments are made. C. If the Council is unable to reach the necessary number of appointments for whatever reason, the Council may then proceed to seek additional applicants, continue the appointment process, or take such other action as the Council may deem appropriate. 6. Terms of Office. Commissioners and board members are appointed for only a single term, and there is no expectation of reappointment. Terms of office will comply with the provisions of the Municipal Code, or in the case of the Library Board of Trustees, the California Education Code. 7. Local Appointment List. The City Clerk shall maintain and provide the Local Appointment List as required by Government Code section 54972 and following. 5/7/2007 2 ATTACHMENT D M E M O R A N D U M CITY OF BURLINGAME DATE: December 29, 1998 TO: Fellow Councilmembers FROM: Mary Janney, Mayor RE : City Representatives to County/Regional Agencies As you requested for the meeting of the City Selection Committee/Council of Cities meeting on December 18, 1998, I voted as follows: Marland Townsend for the Bay Air Quality Management Board; Malcolm Dudley for the Transportation Authority; Pam Rianda for the Transportation Authority; and Sue Lempert for the Metropolitan Transportation Commission Marland and Malcolm were selected without opposition. Pam Rianda was defeated by Naomi Patridge on the second ballot. Sue Lempert was selected on the first ballot. As you know, I was very concerned about how binding votes affected the office of mayor and Council consistency with the way selections have been handled in the past,so I asked Dennis,Larry, and Judy to do some research. What we found was that instruction to the mayor on voting has been,at best,sporadic and that there is a distinction between Cities Selection Committee and Council of Cities on this issue. I also think that the 1984 resolution probably doesn't work, and we should further discuss how we expect the City's representatives to represent us on our many multi-agency boards and agencies. Let me begin the with the Cities Selection Committee/Council of Cities. The Council of Cities was formed to discuss city issues in the County;I believe it was originally the Council of Mayors. The Council of Cities selects representatives to the following multi-agency boards and commissions: Community Development Committee Peninsula Corridor Joint Powers Board Transportation Authority Criminal Justice Council December 29, 1998 Page 2 The Cities Selection Committee is created by State statute (Gov't Code Sections 50270 etc.)to be composed of the mayors of the cities in the County and appoints members to the following: ABAG Bay Area Air Quality Management District California Identification Board Children's Executive Council LAFCO Metropolitan Transportation Commission Supplemental Law Enforcement Oversight Committee Transit District The Selection Committee also makes recommendations for Coastal Commission and ratification of the final transportation plan for the County as developed by C/CAG. The Council of Cities and the Cities Selection Committee have been combined in San Mateo County. The County provided me with a list of the selections/appointments that have been made by these 2 committees in the past 4 years, which is attached. We then went back and looked through the minutes of City Council meetings to see what instruction had been given regarding these appointments. We found only 5 occasions when the Council was either requested to or did provide direction to the Mayor regarding selections or decisions at the Council of Cities/Cities Selection Committee. I know there may have been informal discussions among councilmembers or we may have missed an entry in the minutes. However, it does appear that direction on voting has been sporadic. I have also attached Resolution 32-84 (together with the minutes on the item), which attempted to prevent the mayor from voting at Council of Mayors meetings unless the City Council had already stated a position. The vote on the resolution was 3-2,with Vic Mangini and Dave Martin opposed. The Resolution actually creates more confusion than its resolves: — The Council of Mayors no longer exists; — An abstention usually counts as a vote in favor of the majority vote–so in a 10-9 vote at the Council of Cities, Burlingame's abstention would count as an 11th vote for the majority; — 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 Citv 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 Mayors 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 declared 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. "Za or I, 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 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 ity Clerk 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 i 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. 11123 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. - 1 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 eventsyand 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: l)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 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 7t'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. Urgency 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. CITY 0 BURUNGAME m �oA o0 $Astto�uNe 0 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of December 17, 2007 STUDY SESSION a. BUSINESS LICENSE AUDIT FinDir Nava made a presentation on the city's Business License Tax provisions and discussed the objectives of an audit in 2008 to educate the business community of license requirements and increase revenue for the city. Discussion was continued to Old Business during the Council's regular meeting that followed. 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 Rudy Horak. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Baylock made a motion to approve the minutes of the December 3, 2007 regular Council meeting; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. CLOSED SESSION CA Anderson advised that Council met in closed session and directed staff regarding the following: a. Conference with Labor Negotiator pursuant to Government Code § 54957.6: City Negotiators: Deirdre Dolan, Jim Nantell, IEDA Labor Organization: Teamsters Local 856 PRESENTATION 1 Burlingame City Council December 17,2007 Unapproved Minutes a. SHARED VISION 2025 PROJECT FOR SAN MATEO COUNTY At the request of the Board of Supervisors, Marshall Wilson, Public Communications Manager for San Mateo County, encouraged those who live or work in the county to take an on-line survey that asks people to tell the county what their most important goal is for San Mateo County. 5. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, AND SIDE AND FRONT SETBACK VARIANCES FOR A MAIN AND LOWER LEVEL ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AT 3105 MARGARITA AVENUE, LOCATED WITHIN A SINGLE FAMILY RESIDENTIAL ZONE CA Anderson requested Councilman Deal recuse himself because as the Planning Commission Chairman, he had voted on this item during the November 13, 2007 Planning Commission meeting. Councilman Deal left the Council Chambers. CDD Meeker reviewed the staff report and requested Council to conduct a public hearing on the appeal of the application for Design Review, Hillside Area Construction Permit, and setback variances for a main and lower level addition to a single-family dwelling at 3105 Margarita Avenue and to consider public testimony and the analysis contained in the staff report. Mayor O'Mahony opened the public hearing. The following citizens spoke: Mike Kerwin, applicant; John Maniscalco, architect; Frank Sulgit, appellant; Helaine Darling, 3100 Margarita Avenue; Amy Sosnick, formerly of 3105 Margarita Avenue; Pat Giorni, 1445 Balboa Avenue; Brian Murphy, 3101 Margarita Avenue; and Michael Pattison, 1559 Los Montes. There were no further comments from the floor, and the hearing was closed. After Council discussion, Councilwoman Baylock made a motion to deny the appeal and uphold the Planning Commission's November 13, 2007 approval of the requests and to require the project plans to be revised to show the repair/replacement of the fence between 3105 Margarita Drive and 3101 Margarita Drive, as directed by the Planning Commission; and at Mayor O'Mahony's request, added to the motion the following modification to the conditions of approval: that applicant and neighbors work with the City Arborist to identify the appropriate species and optimal location for the three (3) replacement trees to be planted on the property to ensure that the trees do not grow to a height greater than 15 feet and that they are placed anywhere on the property that will not adversely impact views from the uphill property; seconded by Councilwoman Keighran. The motion was approved by roll call vote, 4-0. Councilman Deal returned to the dais. 6. PUBLIC COMMENTS Rudy Horak, 1332 Edgehill Drive, spoke on the newly enhanced Broadway crosswalk at Paloma. John Gieseker and Peter Comaroto, both of San Mateo County Association of Realtors, spoke on the Business License Audit. There were no further comments from the floor. 7. STAFF REPORTS AND COMMUNICATIONS 2 Burlingame City Council December 17,2007 Unapproved Minutes a. AUTHORIZING THE CITY'S MEMBERSHIP IN THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI)IN ORDER TO PARTICIPATE IN THE BURLINGAME CITYWIDE CLIMATE CONTROL ASSESSMENT PROJECT MA Gottsche reviewed the staff report and requested Council to authorize the city's membership in ICLEI and to adopt a resolution authorizing the City Manager to execute the Statement of Interest for Joint Venture Silicon Valley and ICLEI to conduct a greenhouse gas emissions evaluation of the city. Mayor O'Mahony stated that C/CAG(City/County Association of Governments)recently authorized payment of$6,500 to each city in the county executing the Statement of Interest for Joint Venture Silicon Valley to conduct the gas emissions evaluation for their city. Councilwoman Baylock made a motion to authorize the city's membership in ICLEI and to adopt Resolution No. 91-2007 authorizing the City Manager to execute the Statement of Interest that would expend $13,000 for Joint Venture Silicon Valley and ICLEI—Local Government for Sustainability to conduct a greenhouse gas emissions evaluation of the City; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. b. RECOMMENDATION TO CONFIRM MAYOR'S COUNCIL ASSIGNMENTS FOR 2008 CC Mortensen reviewed the staff report and requested Council confirm the Mayor's Council Assignments for 2008. Council concurred with the following changes to the Council Assignments: Add 6.b. Board Policy Committee and assign O'Mahony, delete 17, Deal to Green Advisory Committee, Nagel to ICLEI, Deal to Sub-Regional Housing Needs Allocation, and Nagel to Utilities and Sustainability Task Force. Staff will present the revised list to Council at the next meeting. C. AMEND BUSINESS LICENSE ORDINANCE TO INCLUDE MUNICIPAL RECREATION IN PAYMENT EXEMPTION Kate Crowder, a participant in the County's Management Talent Exchange Program and currently working in the City Manager's office, reviewed the staff report and requested Council introduce an ordinance to amend Section 6.04.240 of the Burlingame Municipal Code to include municipal recreation programming in organizations exempt from requirement of a license fee to conduct services. Mayor O'Mahony requested CC Mortensen read the title of the proposed ordinance amending Section 6.04.240 to correct statutory citation and clarify that City recreation program providers are exempt from Business License Taxes. 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 Councilwoman Nagel. 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. 8. CONSENT CALENDAR Councilwoman Nagel requested removal of Items a. and c. from the Consent Calendar for further discussion. 3 Burlingame City Council December 17,2007 Unapproved Minutes b. APPROVE ROTATION LIST FOR OFFICES OF MAYOR AND VICE MAYOR CA Anderson requested Council approve the rotation list for Mayor and Vice Mayor for the coming year. d. WARRANTS & PAYROLL FinDir Nava requested approval for payment of Warrants #29233-29726 duly audited, in the amount of $1,931,857.88 (excluding Library checks#29233-29271); Payroll checks #170073-170403 in the amount of $3,699,170.41 for the month of November 2007. Councilwoman Baylock made a motion to approve Items b. and d. of the Consent Calendar; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. a. RECOMMENDATION TO ADOPT 2008 CITY COUNCIL CALENDAR Councilwoman Nagel requested changing the date of the February 27 Budget Session to accommodate her planned enrollment in the CERT class provided by Central County Fire Department unless another agency would provide comparable training. FC Dornell stated that the agencies have been working on standardizing the training; therefore, Councilwoman Nagel could take the class from another agency. Councilwoman Nagel made a motion to adopt the 2008 City Council Calendar; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. C. RESOLUTION NO. 90-2007 TO APPROVE UNIVERSAL WASTE MANAGEMENT, INC. THREE-YEAR AGREEMENT TO PROVIDE ELECTRONIC RECYCLING EVENTS IN BURLINGAME Councilwoman Nagel asked how we would know that electronic waste is disposed of properly. FinDir Nava stated that Universal Waste Management is a bona fide recycler licensed by the state, and the state oversees this type of business. Vice Mayor Keighran made a motion to approve Resolution No. 90-2007 approving an agreement with Universal Waste Management, Inc. to provide electronic recycling events in the City and authorizing the City Manager to execute the agreement; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. Mayor O'Mahony moved to Item 12.a. due to public interest. 12. NEW BUSINESS a. SET APPEAL HEARING FOR 2724 MARTINEZ DRIVE Council set January 7, 2008, as the hearing date for the Planning Commission appeal for 2724 Martinez Drive. 4 Burlingame City Council December 17,2007 Unapproved Minutes 10. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on the newly enhanced Broadway crosswalk at Paloma. There were no further comments from the floor. 11. OLD BUSINESS Mayor O'Mahony continued the Council Study Session on the Business License Audit. After staff responded to Council questions, Council agreed to consider approval of a Business License audit at the next meeting and requested that the amnesty period be 90 days instead of 30 days. Mayor O'Mahony requested a list of Business License Tax fees in other cities for possible consideration of structuring the tax differently in the future. 13. ACKNOWLEDGMENTS a. Commission Minutes: Parks &Recreation,November 15, 2007; Beautification, December 6, 2007; Planning, December 10, 2007 b. Department Reports: Fire,November 2007; Building,November 2007; Finance, November 2007 c. Letter from Comcast with programming update d. Installation of Bronze Lions at Main Library 14. ADJOURNMENT TO CLOSED SESSION Mayor O'Mahony adjourned the meeting at 9:41 p.m. CLOSED SESSION: CA Anderson advised that Council met in closed session and directed staff regarding the following: a. Conference with Real Property Negotiators pursuant to Government Code § 54956.8: Property: Assessor Parcel Nos. 029-201-320 (260 El Camino Real) and City of Burlingame Parking Lot K Agency Negotiators: Jim Nantell, Syed Murtuza, Art Morimoto, Bill Meeker and Larry Anderson Negotiating Parties: William Butler Trust & Cullinane KB/L M 2000 Trust Under Negotiation: Access across Parking Lot K to serve 260 El Camino Real b. Pending Litigation(Government Code § 54956.9(a): Angela Ostini vs. City of Burlingame, USDC (ND Cal.) Case No. C071011 WHA C. License/Permit Application pursuant to Government Code § 54956.7: Applicant: One person employed by VIP Taxi (continued from December 3, 2007) 5 Burlingame City Council December 17,2007 Unapproved Minutes 14. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 10:19 p.m. Respectfully submitted, Doris J. Mortensen City Clerk 6 Burlingame City Council December 17,2007 Unapproved Minutes STAFF REPORT BURUNGAME AGENDA ITEM# 5a MTG. hcD" 9Dm DATE January 7,2008 DAATEDJ NE O To: HONORABLE MAYOR AND CITY COUNCIL SUBMI T BY DATE: January 7, 2008 AP FROM: Jesus Nava, Finance Director/Treasurer BY 650-558-7222 SUBJECT: Transmittal of the FY 2006-07 Comprehensive Annu 1 Financial Report (CAFR) RECOMMENDATION: That the City Council accept the CAFR and supplementary audit reports. BACKGROUND: The audit was performed by the independent auditing firm of Caporicci and Larson, C.P.A.s. The CAFR was completed on November 19, 2007. The City Council Audit Committee, consisting of Councilmembers O'Mahony and Baylock, met on November 291h to review the city's "clean" audit report. The Report to City Council and Management noted "control deficiencies" in the following two areas: 1. Deposits Payable—Report on Deposit Detail (Planning Department) 2. 10%Retention on Contracts (Public Works Department) City management has reviewed the auditor's recommendations and provided responses, which are included in the report. Implementation of the auditor's recommendations will occur in the next six months. The auditors also conducted two separate audits of Burlingame hotels for compliance with city's Transient Occupancy Tax (TOT) Ordinance. Two hotels were audited, the Holiday Inn Express and the Vagabond Inn. No findings were observed. Finally, audits of two long-term parking lots were conducted for compliance with the requirements of the city's Business License Tax Ordinance. The lots were Anza Parking & Sky and Burlingame Airport Parking. No findings were observed for Anza Parking & Sky. Certain deficiencies were noted for Burlingame Airport Parking. These deficiencies have been corrected. Special recognition goes to Mary Asturias, Financial Services Manager and Amy Bernardo, Accountant for their work on this audit and the resulting financial report. ATTACHMENTS: FY 2006-07 Comprehensive Annual Financial Report Report to City Council and Management (for the year ended June 30, 2007) Transient Occupancy Tax Audit Report for Holiday Inn Express Transient Occupancy Tax Audit Report for Vagabond Inn Business License Tax Audit Report—Anza Parking & Sky Business License Tax Audit Report—Burlingame Airport Parking xyM1rKu"%N *,: k BURLINGAME 15 U� 1998/'2W8 A (�GIffHP•IiTF Py(�(Je}pfiAlt CITY OF BURLINGAME, CA Comprehensive Annual Financial Report Fiscal Year 2006-07 Period Ended June 30, 2007 November 29,2007 Burlingame Finance Department 1 a Audit Annual ud t Process • Auditor reviews internal controls • Fiscal year ends • Third parties verify financial transactions • Year-end financial statements are prepared • Auditor reviews and renders opinion on financial statement presentations November 29,2007 Burlingame Finance Department 2 1 BURLINGAME CAFR & Audit Process • Auditors issue "Letter to Management" • Audit and CAFR presented to Council Audit Committee • Council Audit Committee recommends acceptance of CAFR to the full Council November 29,2007 Burlingame Finance Department 3 9) CAFR Contents • Table of Contents • Transmittal Letter • Auditor's Opinion • Management's Discussion & Analysis • Financial Statements • Notes to the Basic Financial Statements • Required Supplementary Information November 29,2007 Burlingame Finance Deportment 4 2 Butz"NGAME' Transmittal Letter • Information on legal requirements • Profile of city government • Information on budget process & policies • Information on economic conditions • Information on financial policies • Certificates of Achievements November 29,2007 Burlingame Finance Department 5 �� Management's Discussion & BYIRLFNCI[M� ;, • Provides required supplementary information — narrative analysis of the financial statements and changes in financial position • Comparison of General Fund budget to actual revenue and expenditures • Describes changes in capital assets & long- term debt November 29,2007 Burlingame Finance Department 6 3 Financial Statements • Government-wide Financial Statement — Statement of Net Assets — Statement of Activities and Changes in Net Assets • Fund Financial Statements — Governmental Funds — Proprietary Funds November 29,2007 Burlingame Finance Department 7 4) Governmental Funds • Activities that are supported by taxes instead of user charges • Objective is on having enough funds to cover expenditures in a fiscal year • Taxes charged have no relation to costs of providing service November 29,2007 Burlingame Finance Department 8 4 a Fund T Governmentalypes • General Fund — Chief operating fund of the city — Accounts for all financial resources except those required to be accounted for in another fund • Capital Projects Fund — Used to account for construction & acquisition • Debt Service Fund — Used to account for interest and principal payments on long-term debt November 29,2007 Burlingame Finance Department 9 m l Activities Governn eta Governmental Activities Expenses&Program Revenue-FY07 11 Program Revenues 0 Expenses'. $20 - c O $15 --------- � I $10 $5 $- re`a`Go,t Sakes b��o�°c��5114 e\ac%'\P" OPe< &ae�< Ge Qv Q� Qat�s+�e sro�`e 9 November 29,2007 Burlingame Finance Department 10 5 aGovernmental Funds Governmental Activities - Revenues By Source-FY07 Sales Tax 21% Transient Occupancy Tax Property Tax 24% 26 55, _ Franchise Tax Capital Grants& 2o/6 Contributions - Business 1% - License Tax Charges for 2% Operating Grants& Service Intergov't Investment Contributions 16% Taxes — Income 6% 1% 2% November 29,2007 Burlingame Finance Department BURLINGAME Governmental Funds Governmental Activities Changes In Net Assets -FY07 *—Assets --f—Liabilities Total Net Assets: N $180 -- --.._ - c 4 ° $160 $140 - $120 — - $100 $80 $60 $40 — - $20 2003 2004 2005 2006 2007 November 29,--007 Burlingame Finance Department I' 6 °R"N;AME General Fund General Fund FY07 --*—Total Revenue Total Expenditures tn $44 C O i $40 --- - -- — --- I $32 $2$ FY03 FY04'rr FY05 FY06 FY07 November 29,2007 Burlingame Finance Department 13 f' \ BURL'NGaME General Fund Balance General Fund Balance As A Percentage of Expenditures E)penditures Fund Balance % of Expenses U) $40 50% c $35 _0 $30 40% $25 30% $20 $15 s 20% $10, 10% $5 i FY02 FY03 FY04 FY05 FY06 FY07 November 29,2007 Burlingame Finance Department 14 7 BUR�NAr�E General Fund Reserve As Rainy Day Funds • Buffer against economic downturns • Provide funds for unexpected expenses o o ° Savings for anticipated expenses? o Q ° • Savings for special purposes s i d November 29,2007 Burlingame Finance Department 1 S BUR Council Designations E g City of Burlingame,CA General Fund Designated'Reserves FY03' FY04 FY05 FY06 FY07I Economic Stability $ 2,000,000 $ 2,000,000 $ 2,000;000 $ 2,000,000 $2,000,000 Catastrophic Losses 2;000,000 2,000,000 2,000,000 2,000,000 2,000,000 CalPERS 3;300,000 2,800,000 2,800,000 2,800,000 2,800,000 Contingency 500,000 500,000 500,000 500,000 500,000 Centennial 20,000 30,000 40,000 50,000 Total Designated: $ '7,820,000 $ 7,330,000 $ '7,340,000, $ 7,350;000 $7,300,000- FY 03-5500,000 transferred from CaIPERS Reserve To Workers Compensation Fund Resezve November 29,2007 Burlingame Finance Department 16 8 a Proprietary Funds p Y • Called "Business-Type" activities because they operate similar to private business • Cost of service determines user charges • Attempts full cost recovery including future costs (reserves) • Capital assets add to value of funds November 29,2007 Burlingame Finance Department 17 BURUNGAME Proprietary Fund op ry s • Water Fund — Accounts for the activities of the water system • S ewer Fund — Accounts for the activities of the sewer system • Parking Fund - Accounts for the activities of parking districts • Internal Service Funds — Accounts for costs between city departments November 29,2007 Burlingame Finance Department is 9 B� " SAME Proprietary Funds Business Type Activities Changes In Net Assets - FY07 (Assets - -Liabilities -S-Total Net Assets: ' $140 _ _ —...__ -_w.__ ......... c , c $120 �9 $1,00 $$0 —- -- -- —_' $60 $40 -- - - ---- $20 f i i 2003 2004 2005 2006 2007 November 29,2007 Burlingame Finance Department 19 Business-Type Activities Revenue By Source Business Type Activities-Revenues By Source-FY07 Charges for Services 94 'nkry n Capital Grants& Franchise Tax Contributions -- 4/ 2% November 29,2007 Burlingame Finance Department 20 10 BURL�NGA h1E. Business-Type Activities Ex enses & Program Revenue Business-Type Activities Expenses&Program Revenues-FY07 ■Program Revenues ■Expenses N $12 ----- — —T_..__. ---------- C O $10 $8 --- $6 I $4 -- $2 $_ Water Sewer Waste Parking management November 29,2007 Burlingame Finance Department 21 t3URLINGAME Water Fund Water Fund-F'Y07 y . -0 Total Revenue-f-Total Expenses-f-Ending Net Assets ";�,.. .. ...._._... ...,.._._._. c _ 0 � $10 1 $8 -- i I r� $4 –..... __— FY03FY04 FY05 FYOS FYO> November 29,2007 Burlingame Finance Department 11 B�R"NAM S ewer Fund sewer.: _ � 1. —0 Total Revenue —M--Total Expenses mak—Ending Net Assets tl $25 - 3 $40 i $S f FYtl3 FYO4F�'OS FY06 .._. _ November 29,2007 Burlingame Finance Department 23 �uR"NGR � Parking Fund Parkin -FY07 ,7 Total Revenue -Total Expenses Ending Net Assets --- �a r FYO4 u� { November 29,2007 Burlingame Finance Department 24 12 Letter to Management • Deposits Pg able — Community Development Department — Need for subsidiary ledger for recording deposits — Using deposits payable • 10% Retention On Contracts — Public Works Department — Recording and Relief of Liability at start and end of project November 29,2007 Burlingame Finance Department 25 aNext Steps • Council Audit Committee review of CAFR and Audit Opinion —November 28, 2007 • Acceptance of the annual financial report by the full City Council — January 7, 2008 November 29,2007 Burlingame Finance Department 26 13 5,h On December 22 Burlingame lost a distinguished son with the passing of Justice Robert Kane. The seventh son of a seventh son to James and Helen Kane, Bob was born to make a difference on the Ides of March 1926. Bob spent his youth in Burlingame—at Saint Catherine's he was an altar boy, at BHS he was a star who would later be entered into the school's Hall of Fame. Bob was a USC Trojan, and began his distinguished legal career with Ropers Majeski Kohn & Bentley. Judge Kane was right here in these chambers on November 17, 1997 when he swore in his nephew, the newly-elected Councilman Joe Galligan. The Kane family had lived in one of the homes that were built on the present City Hall location. Governor Reagan appointed Bob to San Mateo County's Superior Court and later appointed him to the Appellate Court's First District. In 1982 President Reagan appointed him to adjudicate a treaty dispute at the Court of the Hague. Judge Kane was appointed United States Ambassador to Ireland in 1984. His is the unique privilege of being the first and only member of the Burlingame family to hold that honor. During his tenure in Ireland, he and his wife Keke biked around much of Leinster in search of the Kane family roots. They found those roots in the village of Fethard, east of the Rock of Cashel, in County Tipperary. His grandparents had emigrated Hon. Chair SenatorJackie Speier !' 4 Co-Chairs Pat Kinsella s Rolando Pasquali +" Treasurer Patricia N.Mayer t ROSALIE O ' MAHONY Steering Committee Bob&SaritaAhern Dorothy Lee for Burlingame City Council Debbie Baker Jay&Heidi Leupp Nancy Brock Diane Magner Frank&Carol Cooke Sam&Gloria Malouf Dan &Karen Duggan Frank&Esther McDermott John&Ann Fallon Oliver&RoseMcElbone Ed&Nancy Fineman Bob&Jennifer Morse Eileen M. Floyd Jim Murray Greg&Diane Haupt Gary&Marilyn Norton John&Ellen Hunter Denis&Katie O'Brien Phil&Mara Levy Kahn Rolando&Mary Pasquali Pat&Phyllis Kinsella Patricia K. Stratigos Patricia M. Toff Donna Wright Endorsements Randy&Linda Adkins Dave&Pat Mayer Julius&Nina Aires Niall&Yvonne McCarthy Jim&Barbara Arena Russ&Nancy McGovern Norm&Sandra Bennett Rod&Marty Miller Ray&Bekka Brayer Hugh&Molly M;tcbell Jeff j'&Ellie Byrd Bill&Cindy Montgomery Frank&Maureen Cafferkey Bob&Leona Moriarty Liam&Tberesa Cafferkey Carol Muller Frank&Charlene Campos Jerry&Paula Murnane Jeanne Carney Dave&Anne Nannini Claire Cavanaugh Mike&Cathy Nilmeyer Brian&Breda Cassidy Frances Nolan Paul&Maggie Constantino Liam&Anna O'Brien Deborah Cotcbett Tom&Muriel O'Duyer Ann&Bernie Cotter Tony&Eileen O'Sullivan Clara Crook Harold Otto Jerry&JoAnn Deal Nick&Kathy Pappageorge Jim&Michelle Delia Nick&Mary Peras John&Concha Edmundson Gene&Barbara Peterson Oren Field John&Nicole Piccetti Gabe&Josie Friel Colleen Rafferty Jack Friend Craig&Carol Rossi Gabe&Josie Friel Bob&Ricki Rouse Mike&Donna Gaul Dorotby Santos Jeannie Hall Gilmore Tom&Dana Seaney Megs&Sean Gogarty Aldo Simonetti Dick Gregory Robert&Heather Sinclair Jim&Mary Griff n Jim&Loretta Stephenson Paul&Rebecca H.Hackleman Mark&Teresa Stoye Marie Haseleu Andrew&Sarah Stypa Jack&Maggie Heffernan Bill Tiedeman Harrison Holland Al &Loretta Tripp Mike&Bari Howard Ray&Judy Valente Boyd&AngelaJohnson Marcelle Vernazza Bill&Kathy Jones Jim&Karen Wagstaffe Kevin&Jetta Kinsella John Ward Ralph&Joan Lane Liz&Ed Watson Michael&Lisa Liberty Marie&Kieran Woods Mike&Maureen Lennon Peter&Ellen Wickman Neal&Carla Lucett Betty Wuestefeld Joe&Bernadette Lynch Vic&Grace Mangini royal List Committee to Re-Elect Rosalie O'Mahony I.D. #930839 •-� 1427 Floribunda Ave. #206, Burlingame, CA 94010 to the United States from Fethard,Tipperary, in the late 19- th century. No wonder,then,that Burlingame's parting Good Bye, Slainte,to Justice Kane was at Saint Catherine's where his remains were welcomed in by a Ione piper to the tune of Danny Boy,and escorted to his final resting place to the piper's tune of "It's a Long Way to Tipperary". Justice Kane was a giant of a man,to whom we are grateful for his contributions to our people,and of whom Burlingame is immensely proud that he was part of our first hundred years. Burlingame says Good Bye,Slainte,to Justice Kane. This meeting will adjourn in his memory later tonight. Rosalie M.O'Mahony Mayor,City of Burlingame January 7,2008 Hon. Chair SenatorJackie Speier ! ,, . A Co-Chairs ` Pat Kinsella Rolando Pasguali Treasurer c• ` ', Patricia .N: .ltal'er Or ROSALIE O ' MAHONY Steering Committee Bob &Sarita Ahern DorotbyLee for Burlingame City Council Debbie Baker Jay&Heidi Leupp Nancy Brock Diane Magner Frank & Carol Cooke Sam & Gloria Malouf Dan &Karen Duggan Frank &Esther McDermott John &Ann Fallon Oliver&Rose McElhone Ed&Nancy Fineman Bob &Jennifer Morse Eileen M. Floyd Jim Murray Greg&Diane Haupt Gary &Marilyn Norton John &Ellen Hunter Denis&Katie O'Brien Phil&Mara Levy Kahn Rolando &Mary Pasguali Pat&Phyllis Kinsella Patricia K Stratigos Patricia M. Toft Donna Wright Endorsements Randy &Linda Adkins Dave&Pat Mayer Julius&Nina Aires Niall& Yvonne McCarthy Jim &Barbara Arena Russ&Nancy McGovern Norm &Sandra Bennett Rod&Marty Miller Ray &Bekka Brayer Hugh &Molly Machell Jeff&Ellie Byrd Bill& Cindy Montgomery Frank &Maureen Cafferkey Bob&Leona Moriarty Liam & Theresa Cafferkey Carol Muller Frank & Charlene Campos Jerry &Paula Mu mane Jeanne Carney Dave &Anne Nannini Claire Cavanaugh Mike& Cathy Nilmeyer Brian &Breda Cassidy Frances Nolan Paul&Maggie Constantino Liam &Anna O'Brien Deborah Cotchett Tom &Muriel 0'Du yer Ann &Bernie Cotter Tony&Eileen O'Sullivan Clara Crook Harold Otto Jerry &JoAnn Deal Nick &Kathy Pappageorge Jim &Michelle Delia Nick&Mary Peras John & Concha Edmundson Gene &Barbara Peterson Oren Field John &Nicole Piccetti Gabe&Josie Friel Colleen Rafferty Jack Friend Craig& Carol Rossi Gabe&Josie Friel Bob &Ricki Rouse Mike &Donna Gaul Dorothy Santos Jeannie Hall Gilmore Tom &Dana Seaney Megs&Sean Gogarty Aldo Simonetta Dick Gregory Robert &Heather Sinclair Jim &Mary Grill n Jim &Loretta Stephenson Paul&Rebecca H. Hackleman Mark & Teresa Stoye Marie Haseleu Andrew &Sarah Sopa Jack &Maggie Heffernan Bill Tiedeman Harrison Holland Al &Loretta Tripp Mike &Bari Howard Ray &Judy Valente Boyd&AngelaJohnson Marcelle Veruzzza Bill&Kathy Jones Jim &Karen Wagstaffe Kevin &Jetta Kinsella John Ward Ralph &Joan Lane Liz&Ed Watson Michael&Lisa Liberty Marie&Kieran Woods Mike&Maureen Lennon Peter&Ellen Wickman Neal& Carla Lucett Betty Wuestefeld Joe &Bernadette Lynch Vic & Grace Mangini Partial List Committee to Re-Elect Rosalie O'Mahony I.D. #930839 �- ` 1427 Floribunda Ave. #206, Burlingame, CA 94010 I RLIE AGENDA ITEM NO: 6a STAFF REPORT MEETING DATE: January7 2008 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: December 20, 2007 APPROVED BY: FROM: William Meeker, Community Development Director— (650) 558-7255 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, SPECIAL PERMIT, AND VARIANCE FOR UPPER AND LOWER LEVEL ADDITIONS TO A SINGLE-FAMILY DWELLING WITH ATTACHED GARAGE, ON PROPERTY AT 2724 MARTINEZ DRIVE, LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE. RECOMMENDATION: The City Council should conduct a public hearing on the appeal of the application for Design Review, a Hillside Area Construction Permit, a Special Permit for an attached garage, and a front setback Variance for upper and lower level additions to an existing single-family dwelling and attached garage at 2724 Martinez Drive, and consider public testimony and the analysis contained within the staff report. Action regarding the appeal should include specific findings supporting the Council's decision, and should be affirmed by resolution of the City Council. The reasons for any action should be stated clearly for the record. The City Council may consider two alternatives: 1. deny the appeal and uphold the Planning Commission's action approving the application for Design Review, Hillside Area Construction Permit, Special Permit for an attached garage, and front setback Variance for an upper and lower level addition to an existing single-family dwelling; or 2. uphold the appeal, and modify the Planning Commission's decision by revising the conditions of approval for the project. BACKGROUND: Project Description: The property at 2724 Martinez Drive is currently developed with a single family house with an attached two-car garage. The applicant intends to demolish most of the exterior walls of the existing structure, relocate the garage to the opposite side and lower level of the house, and add to the left rear and lower level of the structure. The proposed house and attached garage will have a total floor area of 4,038 square feet (0.43 FAR) where 4,097 square feet (0.44 FAR) is the maximum allowed. The project includes an attached, two-car garage that meets the parking requirement for the proposed four-bedroom house. The required front setback to an attached two-car garage is 35'-0", and therefore a front setback Variance (for a front setback of 15'-6" to the proposed garage) was requested. Additionally, since the garage is being relocated to the opposite side and lower level of the house, it is considered a new attached garage and a Special Permit for an attached garage is required. All other Zoning Code requirements have been met in the project design. The following permits have been approved for the project: ■ Design Review for an attached garage and substantial construction to an single family dwelling (C.S. 25.57.010, a, 1 and 4); CITY COUNCIL MEETING—January 7,2008 Public Hearing—Appeal RE:2724 Martinez Drive • Hillside Area Construction Permit(C.S.25.62.020); • Special Permit for an attached garage(C.S.25.28.035,a);and • Variance for front setback to an attached two-car garage (15'-5" proposed where 35'-0" is the minimum required for a two-car garage)(C.S.25.28.072,b,2,B). The Planning Commission staff report(dated November 26,2007)is attached to this report and contains a detailed analysis of the proposal. Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act(CEQA),per Section 15303 Class 1(e)(1)of the CEQA Guidelines, which exempt additions to existing structures provided the addition will not result in an increase of more than 50%of the floor area of the structures before the addition. Prior Planning Commission Action: Planning Commission Approval: At its meeting of November 26, 2007, the Planning Commission approved the property owner's request for Design Review, Hillside Area Construction Permit, Special Permit,and Variance for substantial construction to the existing single-family dwelling at 2724 Martinez (see attached minutes). The new residence will include 4,038 square feet of floor area and will include an upper and lower level. A Special Permit is required to allow the construction of a new attached garage,and a front setback Variance is required for a 15'-5"setback to the new garage. A Hillside Area Construction Permit is also required. The Commission approved the applications on a vote of 6-0-1 (Commissioner Terrones absent). In their action,the Commission added the following conditions per a request from the uphill neighbor at 1600 Granada Drive:Condition#2)that trees shown on the landscape plan for the rear-yard shall not be permitted to exceed a height of 15-feet from the base of the lower patio, and shall be maintained at a height of no greater than 15-feet;#3)that the neighbors at 1600 Granada Drive (Thompsons)and the applicants(Pans)shall review and agree upon the placement of the trees in the rear-yard landscape plan in order to mitigate any future view issues; #4)that no shrubs, or future shrubs, shall be permitted to grow to a height greater than the maximum allowable fence height permitted by the City of Burlingame, and shall be maintained at a height of no greater than that measurement;#5)that no additional trees shall be planted in the existing airport view corridor where trees do not currently exist; #6)that trees planted within the front-yard shall not be permitted to grow to the height exceeding the height of the peak of the roof,and shall be maintained at a height of no greater than that measurement; Appeal of Planning Commission's Action: On December 6, Jesse Geurse, designer of the proposed project at 2724 Martinez Drive,Burlingame,appealed the Planning Commission's action on behalf of his clients(see attached letter), identifying five of the conditions of approval noted above as the reason for the appeal. Mr.Geurse was present at the November 26,2007 Planning Commission meeting when the project was approved with the added conditions, however, his clients were not present at the meeting, and were unable to raise their objection to the additional conditions. Attachments: Appeal Letter from Jesse Geurse,designer(on behalf of Wayne Pan) November 26,2007 Planning Commission Minutes Proposed conditions submitted by Bruce and JoAnn Thompson, 1600 Granada Drive,at November 26, 2007 Planning Commission meeting November 26,2007 Planning Commission Staff Report Notice of Appeal Hearing—Mailed October 26,2007 City Council Resolution(proposed) 2 Geurse Conceptual Designs, Inc. 405 Bayswater Avenue Burlingame, California 94010 December 5, 2007 City of Burlingame DEC 6 2007 attn: Dorice - 501 Primrose Road Burlingame, CA 94010 re: Pan Residence located Appealing neighbor implemented conditions of approval in City conditions of approval approved by the planning commission November 26, 2007 Dear Members of the Burlingame City Council, This appeal is being made for my clients major renovation located at 2724 Martinez Drive. The appeal is directed at conditions of approval items no. 2, 3, 4. 5, 6. that were implemented by the adjacent neighbor during planning commission approval. The Pan's would like these items erased from the conditions of approval and re-worded in a more generally way as to not take their homeowner rights away. We will try to resolve this issue prior to the Council hearing. Sincerely, Jesse Geurse f Honorable Mayor & City Council : Please schedule an Appeal ;Hearing for 2724 Martinez 1s-rive to be heard at the January 7 , 2008 Council meeting . City Clerk RECEIVED DEC - C; 2007 CIT ,/ OF BURLINGAME PLANNING DEPT. City of Burlingame Planning Commission Unapproved Minutes November 26,2007 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 Cauchi. Additional Commission comments: Commissioners Cauchi and Auran noted that they had spoken to the neighbors who indicated that they did not have problems with the design of the project. Chair Deal called for a voice vote on the motion to approve. The motion passed 6-0-1 (Commissioner Terrones absent). Appeal procedures were advised. This item concluded at 7:26 p.m. 4. 2724 MARTINEZ DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT,FRONT SETBACK VARIANCE AND SPECIAL PERMIT FOR AN ATTACHED GARAGE FOR SUBSTANTIAL CONSTRUCTION AND FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING-(JESSE GEURSE,GEURSE CONCEPTUAL DESIGN,APPLICANT AND DESIGNER;AND WAYNE PAN,PROPERTY OWNER) PROJECT PLANNER: LISA WHITMAN Reference staff report dated November 26,2007,with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Fourteen (14) conditions were suggested for consideration. Chair Deal opened the public hearing. Jesse Geurse,405 Bayswater Avenue,Burlingame;represented the applicant. Commission comments: Discussed the appropriate species of tree or shrub in the rear yard;use a tree that will not grow beyond 15-feet in height or maintain it at that maximum height. • Chair Deal acknowledged that he had visited the property. • Requested that the applicant have a landscape contractor clean up the front yard. Public comments: Bruce and JoAnn Thompson,1600 Granada Drive,Burlingame;and Una Kinsella,501A Vermont Street, San Francisco;thanked the architect and applicants for working with them to bring back a an acceptable plan that addresses their concerns. They noted that they would like additional conditions imposed relative to landscaping and provided a written document entitled"Conditions of Approval',dated November 26, 2007 for consideration by the Commission. Additional Commission comments: • Asked for clarification of view impacts from tree in front-yard(impacts view from bedroom) • Suggested having trees in front yard maintained at a height no greater than the peak of the roof; otherwise the property will not be properly landscaped. 4 City of Burlingame Planning Commission Unapproved Minutes November 26, 2007 • Asked if the Thompson's suggested conditions had been reviewed by the project architect and applicant (not yet—architect indicated that though he wasn't certain his client would agree to the conditions, he didn't see them as a huge matter, and would work with the landscape architect). • With respect to the Thompson's suggested conditions;clarify the meaning of"view corridor"to mean "airport'view corridor. There were no further comments and the public hearing was closed. Commissioner Vistica moved to approve the application, by resolution, with the following amended conditions, including conditions as suggested by Bruce and JoAnn Thompson in their November 26, 2007 "conditions of approval"submittal, as modified by the Commission: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 16, 2007 sheets T.0, L1.0, DM.1, DM.2, and A.0 through A.8, and that any changes to building materials, exterior finishes,footprint orfloorarea of the building shall require an amendment to this permit; 2. that trees shown on the landscape plan for the rear-yard shall not be permitted to exceed a height of 15-feet from the base of the lower patio, and shall be maintained at a height of no greater than 15- feet; 3. that the neighbors at 1600 Granada Drive (Thompsons)and the applicants (Pans)shall review and agree upon the placement of the trees in the rear-yard landscape plan in orderto mitigate any future view issues; 4. that no shrubs, or future shrubs, shall be permitted to grow to a height greater than the maximum allowable fence height permitted by the City of Burlingame,and shall be maintained at a height of no greater than that measurement; 5. that no additional trees shall be planted in the existing airport view corridor where trees do not currently exist; 6. that trees planted within the front-yard shall not be permitted to grow to the height exceeding the height of the peak of the roof, and shall be maintained at a height of no greater than that measurement; 7. that the chimney height of the kitchen vents as shown on the plans shall not exceed the manufacturer's minimum; and that if a chimney for a fireplace, the height shall not exceed 2-feet above all surrounding surfaces within 10-feet of the chimney (the minimum specification of the Building Code). 8. that trees noted for removal on the landscape plan shall be removed in advance of issuance of a building permit for the project; 9. that the conditions of the Chief Building Official's December 15, 2006 memo, the City Engineer's December 15, 2006 memo, the Fire Marshal's December 13, 2006 memo, and the NPDES Coordinator's December 13, 2006 memo shall be met; 10. 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; 11. 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 5 City of Burlingame Planning Commission Unapproved Minutes November 26, 2007 features or changing the roof height or pitch, shall be subject to Planning Commission review; 12. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 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; 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; 16. 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; 17. 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; 18. that the project shall complywith 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 orfull demolition of a structure,interior or exterior, shall require a demolition permit; 19. 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; 20. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 21. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. The motion was seconded by Commissioner Cauchi. Chair Deal called for a voice vote on the motion to approve. The motion passed 6-0-1 (Commissioner Terrones absent). Appeal procedures were advised. This item concluded at 7:50 p.m. IX. DESIGN REVIEW STUDY ITEMS Commissioner Cauchi recused himself since he lives within 500-feet of the property at 612 Concord Way. 5. 612 CONCORD WAY,ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (BAHMAN AVAL, APPLICANT AND DESIGNER; JOHN AND PATRICIA EATON, 6 -15�r -r (14- W ju, xE-- Conditions of approval: Nov. 26, 2007 Re: 2724 Martinez • No tree in the landscape plan in the back yard exceed 15ft from the base of the lower patio and be maintained at that height • That the Thompsons and Pans review and agree upon the placement of the trees in the backyard landscape plan in order to mitigate any future view issues • That no shrubs or future shrubs grow taller than the maximum allowable fence height of the City of Burlingame and be maintained at that height • That no additional trees be planted in the existing view corridor where trees do not currently exist. • No tree in the front yard exceed the height of the roof gutters and be maintained at that height • The chimney height of the kitchen vents as shown on the plans does not exceed the manufacturers minimum r' Iw g K Ij .. Y , I IJ WIWI tti ,a' �� < ! i -.' a �r.?v,' .w.,-r,�..r'1?.�rr s§t,"z•+°.. . €�• .. �� ..�:' `-+.�.�:� ,fit.. cin. It-m# City of Burlingame FF Regular Actio Design Review,Hillside Area Construction Permit, Special Permit and Variance Address: 2724 Martinez Drive Meeting Date: 11/26/07 Request: Design Review, Hillside Area Construction Permit,Special Permit for an attached garage,and front setback Variance for substantial construction and a first and second story addition to a single family dwelling. Applicant/Architect:Geurse Conceptual Design,Inc. APN:025-022-070 Property Owner:Wayne Pan Lot Area:9364 SF General Plan:Low Density Residential Zoning:R-1 CEQA Status: Article 19. Categorically Exempt per Section: 15301 Class 1(e)(1)-additions to existing structures provided the addition will not result in an increase of more than 50% of the floor area of the structures before the addition. History: On May 29,2007 the Planning Commission reviewed and denied without prejudice a proposed main and lower level addition to an existing single family dwelling at 2724 Martinez Drive. The action was based on view blockage created by the proposed addition. The applicant has revised the project to respond to the Commission's concerns. The minutes from the May 29,2007 action hearing are attached. Summary: The existing two-story house with an attached two-car garage contains 3,581 SF(0.38 FAR)of floor area and five bedrooms. The applicant is proposing to remove most walls of the existing structure, which is considered substantial construction and therefore design review is required. The applicant is also proposing to add approximately 330 SF of floor area primarily to the upper level of the house and convert an existing bedroom and playroom on the lower level to a garage,storage area,and mud room. With the proposed project,the floor area will increase to 4,037 SF(0.43 FAR)where 4,097 SF (0.44 FAR) is the maximum allowed. The proposed house will be 60 SF below the maximum allowed FAR. The proposed house will have four bedrooms. Two parking spaces, one covered (10' x 20') and one uncovered(9'x 20')are required. The proposed two-car attached garage(20'x 20')will meet the parking requirements. Because the existing attached garage is being replaced with living space and a new attached garage is being added to the lower level on the opposite side of the house,a special permit for an attached garage is required. Additionally, since the new garage will be setback 15'-6" from the front property line and a 35'-0" front setback is required for a two-car garage, a front setback variance is required. All other zoning code requirements have been met. The following applications are required: • Design Review for substantial construction to a single family dwelling and attached garage (CS 25.57.010,a,5); • Hillside Area Construction Permit for a new single family dwelling(CS 25.62.020); • Special Permit for an attached garage(CS 25.28.035,a);and • Variance for front setback for an attached two-car garage(15'-5"proposed where 35'-0"is the minimum required for a two-car garage)(CS 25.28.072,b,2,B). Design Review, HA CP, Special Permit and Variance 2724 Martinez Drive Table 1 — 2724 Martinez Drive Lot Area: 9364 SF Plans date stamped: November 16, 2007 EXISTING PROPOSED ALLOWED/REQ'D SETBACKS Front (upper level): 14'-6" 191-611 15'-0" (141-311 avg) (lower level): 17 15'-6" 1 (to garage) 35'-0" Side (right, upper lvi): 81-211 (no change) 7I-0ff i (right, lower Ivi): 91-211 (no change) 7I-0ff (left): 8'-11" 71-611 71-Off ......... ................. . ................ . ........................ -011 -011 1 1 15 Rear (upper level): 55 61 -0" (to mud room) (lower level): 401-711 32'-0" (to M13) 20I-091 ............ ............................ Lot Coverage: 2,943 SF 3§668 SF 3,746 SF 31 % 39 ,60/ 40% ... ...... ........................ ................................... 3,581 SF 4,038 SF 4 097 SF 2 I FAR: 0.38 FAR 0.43 FAR 0.44 FAR # of bedrooms: 5 j 4 ------------- ...... Parking: 1 covered 2 covered 2 covered (10' x 20') (20' x 22') (20' x 20') 1 uncovered (9' x 20') Height: 23 231-21' I 30'-0" DH Envelope: complies complies CS 25.28.075 Front setback variance to garage is required (16-6" is proposed where 35'-0" is the minimum required). 2 (0.32 x 9,364 SF) + 1100 SF = 4,097 SF (0.44 FAR) Staff Comments: See attached. Please note that story poles have been constructed and will be certified prior to the November 26, 2007 Planning Commission meeting. Also note that, although a full-sized landscape plan is not provided in the revised plan set (date stamped November 16, 2007), an 11"x17" landscape plan is attached to this report. The landscape plan does not vary substantially from what was proposed on the plans previously reviewed by the Planning Commission (date stamped May 8, 2007), other than the lawn area behind the proposed addition has been expanded due to the reduced depth of the master bedroom addition. Regular Action Calendar (May 29, 2007): At the Planning Commission's meeting on May 29, 2007, the Planning Commission denied the project without prejudice due to view blockage issues. The Commission complimented the design and noted that positive changes were made to the project following the study session, but had the following additional comments(May 29, 2007 Planning Commission Minutes): 1. The view blockage was caused primarily by the extension of the rear roof element, and the proposed master bedroom addition should be dropped to patio level. 0 The height of the proposed master bedroom addition was lowered by Z-OVI I and it's length reduced (from 21 '-6" to 7'-10") (Revised main level floor plan, Sheet A.1 , and left side elevation, Sheet A.6, date stamped November 16, 2007). 2 Design Review,HA CP,Special Permit and Variance 2724 Martinez Drive 2. The multiple story pole scenarios are confusing. The story poles currently constructed at the site show the project that is proposed,and do not include alternate scenarios. 3. The applicant should work with the neighbors to address view blockage issues. . The applicant worked with the uphill neighbors to address view blockage issues. Included in the staff report is a letter from the uphill neighbors(date stamped November 21,2007),commenting on the proposed design. Design Review Criteria:The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20,1998 are outlined as follows: 1. Compatibility of the architectural style with that of the existing character of the neighborhood; 2. Respect for the parking and garage patterns in the neighborhood; 3. Architectural style and mass and bulk of structure; 4. Interface of the proposed structure with the structures on adjacent properties;and 5. Landscaping and its proportion to mass and bulk of structural components. Required Findings for Hillside Area Construction Permit:Review of a Hillside Area Construction Permit by the Planning Commission shall be based upon obstruction by construction of the existing distant views of nearby properties. Emphasis shall be given to the obstruction of distant views from habitable areas within a dwelling unit(Code Sec.25.61.060). Findings for a Special Permit: In order to grant a Special Permit for an attached garage,the Planning Commission must find that the following conditions exist on the property(Code Section 25.51.020 a-d): (a) The blend of mass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood; (b) the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure,street and neighborhood; (c) the proposed project is consistent with the residential design guidelines adopted by the city;and (d) removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is appropriate. Required Findings for a Variance: In order to grant a Variance for the front setback the Planning Commission must find that the following conditions exist on the property(Code Section 25.54.020 a-d): (a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; (b) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant,and to prevent unreasonable property loss or unnecessary hardship; 3 Design Review, HA CP, Special Permit and variance 2724 Martinez Drive (c) the granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; (d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity. Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be by resolution and include findings made for design review, hillside area construction permit, special permit and variance. The reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 16, 2007 sheets T.0, 1-1.0, DMA, DM.2, and A.0 through A.B, 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 conditions of the Chief Building Official's December 15, 2006 memo, the City Engineer's December 15, 2006 memo, the Fire Marshal's December 13, 2006 memo, and the NPDES Coordinator's December 13, 2006 memo shall be met; 3. 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; 4. 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; 5. that prior to undernoor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 6. 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. 7. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 8. that 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; 9. 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; 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; 11. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance 4 Design Review,HA CP, Special Permit and Variance 2724 Martinez Drive 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; 12. 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; 13. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 14. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. Lisa Whitman Zoning Technician C. Jesse Geurse, Geurse Conceptual Designs Inc. 405 Bayswater Avenue Burlingame, CA 94010 5 City of Burlingame Planning Commission Unapproved Minutes May 29, 2007 runoff; 17. that the applicant shall comply with Ordinance 15=consetion game Storm Water Management and Discharge Control Ordinance; and 18. that the project is subject to the state-mandate ogram, and a complete Irrigation Water Management Plan must b miffed with landscape and irrigation plans at time of permit application. The motion was seconde . Osterling. C. Terrone ed for a voice vote on the motion to approve with the added landscape condition. The mo ' assed 3-1-1-2 (C. Brownrigg dissenting, Chair Deal abstaining, C. Cauchi and C.Vistica absent). ppeal procedures were advised. This it concluded at 8:55 p.m. 8. 2724 MARTINEZ DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, FRONT SETBACK VARIANCEAND SPECIAL PERMIT FORAN ATTACHED GARAGE FOR SUBSTANTIAL CONSTRUCTION AND FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING -(JESSE GEURSE, GEURSE CONCEPTUAL DESIGN,APPLICANT AND DESIGNER; AND WAYNE PAN, PROPERTY OWNER) (44 NOTICED) PROJECT PLANNER: LISA WHITMAN Reference staff report May 29,2007,with attachments. CDD Meeker presented the report,reviewed criteria and staff comments. 14 conditions were suggested for consideration. Chair Deal opened the public hearing. Jesse Geurse, 405 Bayswater Ave; Bruce and Joann Thompson, 1600 Granada Drive; Una Kinsella, 501 A Vermont St, San Francisco; Chris Wong, 2720 Martinez Dr;and Pat Giomi, 1445 Balboa Ave, spoke. Issues noted: story poles installed with three additional scenarios; additional drop can be implemented into residence; photos provided do not depict current story poles; alternatives show flexibility; most significant view will be blocked;disappointed that property owners didn't work with neighbors; confused by options in story poles; blue option obviously blocks a significant view; opportunity for design to be developed that will protect neighbors view; privacy issues downhill; design against traditional ranch style in neighborhood; front porch is unusable; ask Commission to deny without prejudice; and would like to work with neighbors. There were no further comments and the public hearing was closed. Commissioners comments: confused what project is presented in story poles; no way to move forward with any alternative scheme; have to vote on what is in plans, blue story pole scheme;alternate story poles were to develop new plans for project;front porch to right is unusable; like design and detail,good revisions have been made; issue is with view blockage and extension of roof element; neighbors should communicate to address view blockage issues;addition away from neighbor on downhill helps reduce privacy impacts;and master bedroom should be dropped to patio level. C. Terrones moved to deny the application without prejudice, based on the view blockage issue. The motion was seconded by C. Brownrigg. Chair Deal called for a voice vote on the motion to deny without prejudice. The motion passed 5-0-2 (C. Cauchi and C. Vistica absent). Appeal procedures were advised. 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YSIWl Mi GlOR1DlDNOIf7 CMMM M ae- �]IL� - UNDSUPE LA ENTrORnDf9tVLMim NO Om uL)MM WWE64SSL/LTi PLAN ,F/-\l`�\\,��7WLRQA)6 AID MKGVMO YALL M TWPAL)mM WEafM r C7NRKIOR 71L50C91W1 MGNtm'JJOITNRR'JpD M MADN6r0.1W1106 amC ^azT c Lr L1 . 0 SCALE: 1YAam51w v"wyl ALLmAmrwrYUCADPF6UroMAawwlum APM&T MILE ON . ARIid IDB.L9]ON DfaIARdt rRpIM WO D11Mm❑Tf diDRL� �.._: x_ c "z.� N01 mr- PLL--% 'd1NI?3 if-, 1-#3=PT CITY OF BURLINGAME PLANNING DEPARTMENT 501 PRIMROSE ROAD P(650)558-7250 F(650)696-3790 �y cirr c* BU_RCITY E APPLICATION TO THE PLANNING COMMISSION Type of application: Design Review Conditional Use Permit Variance Special Permit Other Parcel Number: 025-022-070 Project address: APPLICANT PROPERTY OWNER '* Name: GEURSE CONCEPTUAL DESIGN,INC. Name: WAYNE PAN Address: 405 BAYSWATER AVENUE Address: 150 CHATEAU DRIVE City/State/Zip: BURLINGAMP CA 94010 City/State/Zip: HILLSBOROUGH.CA 94010 Phone(w): 650558.9324 Phone(w): (650)344-1789 (h); 6503433093 (h): ({): 650558.9324 (fl; ARCHITECT/DESIGNER Name: GEURSE CONCEPTUAL DESIGN,INC. Address: 405 BAYSWATER AVENUE PIease indicate with an asterisk City/State/Zip: BURLINGAMI;CA94010 the contact person forthis project Cjec Phone(w): 650558.9324 RECEI V E D (h): 6503433093 DEC 11 2006 650558.9324 CITY OF BURUNGAME PLANNING DEPT. PROJECT DESCRIPTION: ADDITION TO THE RESIDENCE INTERIOR REMODEL AFFADAVIT/SIGNATURE• ere y rt fy under penalty of perjury that the information given herein is true and co t to t of my knowledge and belief. Applicant's signature: . Date: 12/11/06 I know about the pro d ication and hereby authorize the above applicant to submit this application to the Pl ing Commission. Property owner's signature: Date: 12/11/06 PCAPP.FRM CITY OF BURLINGAME PLANNING DEPARTMENT 501 PRIMROSE ROAD P(650)558-7250 F(650)696-3790 2007 ,rr , CIT'Y O cF BU LLINGAME VARIANCE A�CATIOt r The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.54.020 a-d). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. a. Describe the exceptional or extraordinary circumstances or conditions applicable to your property which do not apply to other properties in this area. Currently the existing residence has an attached two car garage having a 1T-11-1/2"setback on the upper side of the lot.The existing location is not common to the majority of the neighboring properties.We are proposing to relocate the attached two car garage to lower split level which would need a variance for a 15'-5-1/2"front garage setback.The relocation would match the existing property garage locations. See sheet AO for average garage setbacks.The proposed relocation is within the average setback. b. Explain why the variance request is necessaryfor the preservation and enjoyment of a substantial property right and what unreasonable property loss or unnecessary hardship might result form the denial of the application. We are requesting the variance due to location of the new garage. The garage location will match setbacks of those that exist within the neighborhood-If variance was not granted the garage would be required to be setback 35'-0"beneath the main level residence thus creating a FAR issue that would hinder the project. D....L.:.. ...G.. olw +. i.n—i — of /An nrn r—f In nntin►f urill nn} Ito dotri»sontni nr L. a:.�ptuut rosy use proposes _0 ... .1—tovF-- ............. .... .................. ... injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. Adjacent property owners would not be affected due to new location of garage.The new location does a couple of things. It is less visual to the street and is in the same garage setback as the majority of the residence garage. It is also on the lower level aloowing more visibilty of the residence. d How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and potential uses on adjoining properties in the general vicinity? The new redesign and garage relocation would match existing residence in profile and also the new design takes advantage of new roof design which substantially works in favor for all neighbors.The existing gable end of the residence roof has been redesigned to accommodate a hip design which really streamlines the residence in many aspects. We think that the overall design of the project will dramatically inhance the neighborhood appeal. Cit., of Burlingame Planning Department 501 Primrose Road P(650)558-7250 F(650)696-3790 www.burlineame.ore CITY OF BURLINGAME ECEIVED SPECIAL PERMIT APPLICATION MAR - 9 2007 CITY OF BURLINGAME PLANNING DEPT. The Planning Commission is required by law to make findings as defined by the City's Ordinance(Code Section 25.50). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. i. Explain why the blend of mass,scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood The new attached garage would be in scale and mass to all neighboring properties.The majority of all the residences on the street have the garage on the lower portion of the grade.The new addition will also benefit the residence due to the reason the the existing roof will be revised from a gable end to a hip allowing for a slimmer mass and bulk of the residence.In our opinion the project would fit well within it's envoirment. 2. Explain how the variety of roof line,facade,exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure,street and neighborhood. The addition and new attached garage was re-design in craftsman style architecture. The overall profile of mass and bulk fit in the the general facade of the street facade.New roof lines were designed as a hip roof sgstems thus allowing minimal impact on visaul views from adjacent neighbors. 3. How will the proposed project be consistent with the residential design guidelines adopted by the city(C.S. 25.57)? The addition and new attached garage are consistent with all residential design guidlines with the exception for the garage front setback.The garage setback is consistent with all average setbacks of all neighbors on the street block.So,the overall apprearence of the residence would compliment the profile of the street. 4. Explain how the removal of any trees located within thefootprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements. What mitigation is proposed for the removal of any trees? Explain why this mitigation is appropriate. No existing trees are to be removed due to this project. SPECPERM.FRM MEASUREMENT FROM MAIN FLOOR(100.00) NEW FINISH FLOOR AT MASTER BEDROOM (99.00')FOR REFERENCE ONLY jj�(106.79) _ _ - 109') ------ -------� 6'-9-1/2" I ���----- --- ---------�- jk(109.66) •�� N (106.29') � I +6,-3-1/2„ II I r- I I T� I illi I ------------ ------- -----JL IliI ---------------------- Illi � l i i i i I /i l MAIN FLOOR O U-0" ------------- K�7I I I � I "11T- ,T------------R`- - -��° _ Illi / \ i I III i -T D O i i I � r A STORY POLE DIAGRAM DESCRIPTION: DATE STORY POLE DIAGRAM REVISED 11-15-07 Geurse Conceptual Designs, Inc. SCALE:NOT TO SCALE '0604 T'I7I.E SHEET: PANRESIDENCE SPA2724 MARTINEZ DRIVE BURLINGAME,CA 94010 Bruce and JoAnn Thompson RECEIVED 1600 Granada Dr. Burlingame, CA 94010 NOV 2 1 2007 650-697-4166 CITY OF BURLINGAME PLANNING DEPT. Re: 2724 Martinez Dear Commissioners: We are writing this letter in support of the project at 2724 Martinez Dr. with a recommendation related to the tree size in the landscape plan. We thank the Planning Commission for being instrumental in facilitating the discussions between the Pan Family architect, Jesse Guerse, and our architect, Una Kinsella. The final outcome of the proposed project is mutually beneficial to both families. We request that a condition of approval be that the trees planted in the backyard of the Pan residence grow no higher than 15ft from the lower patio grade. The Pine trees that will be removed are currently in excess of 30ft. and we have trimmed these trees and existing dense evergreens for 20 years to maintain the view. We request that trees planted in the front grow no higher than the rain gutter height of the reconstructed home as exists currently with the exception of the Acacia scheduled for removal. The following was provided to us by Nancy Curits, Landscape Designer, with Middlebrook Gardens in San Jose: "In doing some research on alternative-evergreen, small to moderate sized trees...I actually think the Strawberry Tree isn't such a bad choice.... "Strawberry tree is an adaptable, long lived multi stemmed tree or shrub with heavy fruiting that ranges from 15-30 feet tall and wide,attractive to birds,full sun to part shade, occasional deep watering"... The range in the height 15-30' is very large considering the Thompson's concern for preserving their view and it is the 30' tall that concerns us the most. We need to keep in mind that a lot of circumstances need to go into allowing for the tree to grow 30' tall...water, appropriate soil, health of the plant, care the plant receives, weather etc. The 30' tall usually means that in nature—not in a manipulated garden setting -at most it has the potential to been found to get 30' tall. There is a dwarf variety named the 'Elfin King' and it grows to 6'tall. I am sure we would prefer this variety...but it may not provide enough screening for the homeowner who is paying for it. Some alternatives to the Arbutus unedo that are evergreen,would provide screening and would be considered in the small to medium tree/shrub category are... Arctostaphylos manzanita 'Dr. Hurd' (Manzanita)6-15' tall, 8-12'wide (CA Native) (evergreen shrub can be trained into small tree) Arctostaphylos densiflora (Vine Hill Manzanita) 'Howard McMinn' 5-7' tall, 6-10' wide; 'Sentinel' 6- 8'tall 5'wide (CA Native) (evergreen shrub can be trained into small tree) Dodonaea viscosa (Hop Bush) 10-15'tall and wide(evergreen shrub can be trained into small tree) 1 R E C EiVED Re: 2724 Martinez Dr. NOV 2 1 2007 Thompson letter CITY OF BURLINGAME PLANNING DEPT. Heteromeles arbutifolia (Toyon) 10-20' tall, 10-15' wide (CA Native) (evergreen tree or shrub) Myrica californica 10-30' tall and wide (CA Native) (evergreen tree or shrub) Prunus ilicifolia (Hollyleaf Cherry) 10-25' tall and wide (CA Native) (evergreen tree or shrub) Prunus lusitanica (Portugal Laurel) 15-25' tall and wide (evergreen tree or shrub) Some alternatives that are NOT evergreen Lagerstroemia indica - Hybrids include Lagerstroemia 'Comanche' to 12' tall, 'Hopi to 8' tall, Tipan' to 13' tall, 'Miama' to 16—20' tall, 'Tuskegee' to 15' tall. Lagerstroemia indica 'Seminal' 6-12' tall, 'Pink Velour' to 10' tall Cercis occidentalis (Western Redbud) 12-20' tall (CA Native) Cotinus coggygria (Smoke Tree) 10-15' tall and wide It is my recommendation that some of the above listed alternatives be considered in the re- landscaping of 2724 Martinez Dr. If the called out Arbutus unedo does get planted, I recommend the Landscape Architect consider calling out the dwarf variety"Elfin King". If the dwarf variety of the Arbutus unedo does not provide enough screening for the homeowner or satisfy Burlingame's tree replacement specifications, then I would suggest the Landscape Architect consider planting the Arbutus unedos at the existing "patio" grade approximately 6 — 10 feet from the (existing) fence. That would at least give the Thompson residence approximately 4 feet more of a potentially unobstructed view of the Bay. " The preservation of our view was the primary goal for us to support the project and we feel we have achieved it. The tree planting and subsequent growth could negatively impact the view thus negate the goal. We further ask that all trees be trimmed and maintained on a regular basis. We thank the Pan Family for their cooperation and to Jesse Guerse for facilitating the final outcome which is the preservation of our view that we have enjoyed for over 30 years. We thank the commission for encouraging neighbors to work together to solve a problem. Sincerely, I LA Bruce and JoAnn Thompson 2 Project Comments Date: December 13,2006 To: ❑ City Engineer ❑ Recycling Specialist (650)558-7230 (650)558-7271 X Chief Building Official ❑ Fire Marshal (650)558-7260 (650)558-7600 ❑ City Arborist ❑ NPDES Coordinator (650)558-7254 (650)342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review, hillside area construction permit,front setback variance and special permit for attached garage for a new single family dwelling and attached garage at 2724 Martinez Drive,zoned R-1,APN: 025-022-070 Staff Review: December 18,2006 1) All construction must comply with the 2001 California Building Codes(CBC),the Burlingame Municipal and Zoning Codes,and all other State and Federal requirements. 2) Provide fully dimensioned plans. 3) Provide a complete demolition plan that indicates the existing walls,walls to be demolished, new walls,and a legend.NOTE:The Demolition Permit will not be issued until a Building Permit is issued for the project. 4) According to the City of Burlingame Municipal code"when additions,alterations or repairs within any twelve-month period exceed fifty percent of the current replacement value of an existing building or structure,as determined by the building official,such building or structure shall be made in its entirety to conform with the requirements for new buildings or structures." Therefore,this building must comply with the 2001 California Building Code for new structures. 5) Comply with the new,2005 California Energy Efficiency Standards for low-rise residential buildings.Go to http://www.eneray.ca.gov/title24 for publications and details. 6) Rooms that can be used for sleeping purposes must have at least one window or door that complies with the egress requirements. Prop cle w,n d ow s�zf-S, 7) The garage cannot have any openings into a room used for sleeping purposes.NOTE:The play room in the lower level is considered a room that can be used for sleeping purposes. Show compliance with this requirement by providing a door at the entry to the room. 8) Provide guardrails at all landings.NOTE:All landings more than 30"in height at any point are considered in calculating the allowable floor area.Consult the Planning Department for details if your project entails landings more than 30"in height. 9) Provide handrails at all stairs where there are four or more risers. 10)Provide lighting at all exterior landings. 11)The fireplace chimney must terminate at least two feet above any roof surface within ten feet. 12)NOTE:Plans that specifically address items 6 and 7 must be re-submitted before this project can move forward for Planning Commission action. Reviewer, � Date: Project Comments Date: December 13, 2006 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7279 Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ City Arborist ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review, hillside area construction permit, front setback variance and special permit for attached garage for a new single family dwelling and attached garage at 2724 Martinez Drive, zoned R-1 , APN: 025-022-070 Staff Review: December 18, 2006 Rbar: _- Date: ��� --- C� V Project Comments Date: October 23, 2007 To: U City Engineer U Recycling Specialist (650) 558-7230 (650) 558-7271 U Chief Building Official U Fire Marshal (650) 558-7260 (650) 558-7600 U City Arborist U NPDES Coordinator (650) 558-7254 (650) 342-3727 U City Attorney From: Planning Staff Subject: Request for application for design review, hillside area construction permit, front setback variance, and special permit for attached garage for a new single family dwelling at 2724 Martinez Drive, zoned R-1, APN: 025-022-070. Staff Review: October 23, 2007 ) L 1-,74 r- C b� 5 Review e __ . .:. Date: Project Comments Date: December 13, 2006 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 ❑ Chief Building Official d Fire Marshal (650) 558-7260 (650) 558-7600 ❑ City Arborist ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review, hillside area construction permit, front setback variance and special permit for attached garage for a new single family dwelling and attached garage at 2724 Martinez Drive, zoned R-1, APN: 025-022-070 Staff Review: December 18, 2006 Provide a residential fire sprinkler throughout the residence. 1. Provide a minimum 1 inch water meter. 2. Provide backflow prevention device/double check valve assembly— Schematic of water lateral line after meter shall be shown on Building Plans prior to approval indicating location of the device after the split between domestic and fire protection lines. 3. Drawings submitted to Building Department for review and approval shall clearly indicate Fire Sprinklers shall be installed and shop drawings shall be approver) by the Fire Department prior to installation. giEcENED DEC I 2006 < clrr OF Gl1Rl it� rt�lE ��p,NNING DEP� Reviewed by: �� Date: 17- Project Comments Date: December 13, 2006 To: Y City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 ❑ Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ City Arborist ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review, hillside area construction permit, front setback variance and special permit for attached garage for a new single family dwelling and attached garage at 2724 Martinez Drive, zoned R-1, APN: 025-022-070 Staff Review: December 18, 2006 1. See attached. 2. Sewer backwater protection certification is required. Contact Public Works — Engineering Division at (650) 558-7230 for additional information. Reviewed by: V V ' - • Date: 12/15/2006 >, 9LIC WORKS DEPARTMENT ENGINEERING DIVISION PLANNING REVIEW COMMENTS Project Name: , J2!� -Project Address: 2774- z c "t yv-vaing requirements apply to the project A property boundary survey shall be preformed by a licensed land surveyor. The survey shall show all property lines, property corners, easements, topographical features and utilities. (Required prior to the building permit issuance.) 5rt { t, t, Vs 1-U TA, The site and roof drainage shall be shown on plans and should be made to drain towards the Frontage Street. (Required prior to the building permit issuance.) 3. The applicant shall submit project grading and drainage plans for approval prior to the issuance of a Building permit. 4 The project site is in a flood zone, the project shall comply with the City's flood zone requirements. 5 A s11�amitary sewer lateral tW is required for the project in accordance with the City's standards. 6, The project plans shall show the required Bayfront Bike/Pedestrian trail and necessary public access improvements as required by San Francisco Bay Conservation and Development Commission. Sanitary sewer analysis is required for the project. The sewer analysis shall identify the project's impact to the City's sewer system and any sewer pump stations and identify mitigation measures. Submit traffic trip generation analysis for the project. Submit a traffic impact study for the project. The traffic study should identify the project generated impacts and recommend mitigation measures to be adopted by the project to be approved by the City Engineer. a The project shall file a parcel map with the Public Works Engineering Division. The parcel map shall show all existing property lines, easements, monuments, and new property and lot lines proposed by the map. Page ] of 3 is developmentTLANNING REVIEW COMR'IENTS.doc L-I-BLIC WORKS DEPARTMENT ENGINEERING DIVISION -A latest preliminary title report of the subject parcel of land shall be submitted to the Public Works Engineering Division with the parcel map for reviews. Map closure/lot closure calculations shall be submitted with the parcel map. The project shall submit a condominium map to the Engineering Divisions in accordance with the requirements of the Subdivision Map Act. The project shall, at its own cost, design and construct frontage public improvements including curb, gutter, sidewalk and other necessary appurtenant work. The project shall, at its own cost, design and construct frontage streetscape improvements including sidewalk, curb, gutters, parking meters and poles, trees, and streetlights in accordance with streetscape master plan. 16 By the preliminary review of plans, it appears that the project may cause adverse impacts during construction to vehicular traffic, pedestrian traffic and public on street parking. The project shall identify these impacts and provide mitigation measure acceptable to the City. 17 The project shall submit hydrologic calculations from a registered civil engineer for the proposed creek enclosure. The hydraulic calculations must show that the proposed creek enclosure doesn't cause any adverse impact to both upstream and downstream properties. The hydrologic calculations shall accompany a site map showing the area of the 100-year flood and existing improvements with proposed improvements. a�Any work within the drainage area, creek, or creek banks requires a State Department of Fish and Game Permit and Army Corps of Engineers Permits. No construction debris shall be allowed into the creek. The project shall comply with the City's NPDES permit requirement to prevent storm water pollution. Any widening of the driveway is subject to City Engineer's approval. _.. The plans do not indicate the slope of the driveway, re-submit plans showing the driveway profile with elevations Page 2 of 3 to development\PLANNING REVIEW CONUVIENTS.doc PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION -- The back of the driveway/sidewalk approach shall be at least 12" above the flow line of the frontage curb in the street to prevent overflow of storm water from the street into private property. _. For the takeout service, a garbage receptacle shall be placed in front. The sidewalk fronting the store shall be kept clean 20' from each side of the property. For commercial projects a designated garbage bin space and cleaning area shall be located inside the building. A drain connecting the garbage area to the Sanitary Sewer System is required. Page 3 of 3 '>-Fe development\PLANNING REVIEW CONVAENTS.doc Project Comments Date: December 12, 2006 To: City Engineer Recycling Specialist (650) 558-7230 (650) 558-7271 Chief Building Official Fire Marshal (650) 558-7260 (650) 558-7600 City Arborist NPDES Coordinator (650) 558-7254 (650) 342-3727 City Attorney From: Planning Staff Subject: Request for application for design review, hillside area construction permit, front setback variance and special permit for attached garage for a new single family dwelling and attached garage at 4ft - zoned R-1, APN: 029-301-040 Staff Review: December 18, 2006 1) Any construction project in the City, regardless of size, shall comply with the City NPDES permit requirement to prevent stormwater pollution including but not limited to ensuring that all contractors implement construction Best Management Practices (BMPs) and erosion and sediment control measures during ALL phases of the construction project (including demolition). Include appropriate stormwater BMPs as Project Notes. These BMPs include but are not limited to the following: • Store, handle, and dispose of construction materials and wastes properly to prevent contact and contamination of stormwater; • Control and prevent the discharge of all potential pollutants, including pavement cutting wastes, paints, concrete, petroleum products, chemicals, \A/aczh \Natar nr sediments, and non-stormwater dicrharnPc to ctnrm riraln-- and watercourses; • Use sediment controls or filtration to remove sediment when dewatering site and obtain all necessary permits; • Avoid cleaning, fueling, or maintaining vehicles on-site except in a designated area where wash water is contained and treated; • Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, o mulching, or other measures as appropriate; • Perform clearing and earth moving activities only during dry weather; 0 • Limit and time application of pesticides and fertilizers to prevent polluted ( t runoff; S • Limit construction access routes and stabilize designated access points, - • Avoid tracking dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping method; • The Contractor shall train and provide instruction to all employees and subcontractors regarding the construction BMPs. 1 of 2 Project Comments Con't— 405 Bayswater Ave.—NFSD with attached garage. 2) The public right of way/easement shall not be used as a construction staging and/or storage area and shall be free of construction debris at all times. The easement shall be protected from any site runoff. 3) Implement Erosion and Sedimentation Controls(if necessary): a. Install and maintain all temporary erosion and sediment controls continuously until permanent erosion control have been established; b. Address method(s)for diverting on-site runoff around exposed areas and diverting off-site runoff around the site; c. Address methods for preventing erosion and trapping sediment on-site. 4) Provide notes,specifications,or attachments describing the following: a. Construction,operation and maintenance of erosion and sediment control measures,including inspection frequency; b. Methods and schedule for grading,excavation,filling,clearing of vegetation,and storage and disposal of excavated or cleared material. Brochures and literatures on stormwater pollution prevention and BMPs are available for your review at the Planning and Building departments. Distribute to all project proponents. For additional assistance,contact Eva J.at 650/342-3727. Reviewed by: /� Date: 12/13/06 2of2 RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW, SPECIAL PERMIT, AND VARIANCE RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for design review, special permit for an attached garage, and front setback variance for substantial construction and a first and second story addition to a single family dwelling at 2724 Martinez drive, zoned R-1 , Wayne Pan, property owner, APN: 025-022-070; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 26, 2007, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1 . On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19 Section: 15301 Class 1 (e)(1 ) - additions to existing structures provided the addition will not result in an increase of more than 50% of the floor area of the structures before the addition. 2. Said design review, special permit, and variance are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such design review, special permit, and variance are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 26th day of November, 2007 by the following vote: Secretary EXHIBIT"A" Conditions of approval for categorical exemption, design review, special permit, and variance. 2724 Martinez Drive Effective December 7,2007 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 16, 2007 sheets T.0, 1-1.0, DMA, DM.2, and A.0 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 conditions of the Chief Building Official's December 15, 2006 memo, the City Engineer's December 15, 2006 memo, the Fire Marshal's December 13, 2006 memo, and the NPDES Coordinator's December 13,2006 memo shall be met; 3. 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; 4. 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; 5. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s)and the various surveys shall be accepted by the City Engineer; 6. 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. 7. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 8. that 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; 9. 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; 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; -2- EXHIBIT "A" Conditions of approval for categorical exemption, design review, special permit, and variance. 2724 Martinez Drive Effective December 7, 2007 11. 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; 12. 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; 13. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 14. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. -3- CITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT 6U?L111 501 PRIMROSE ROAD BURLINGAME, CA 94010 �_ �w 016H16:,04325 PH: (650) 558-7250 ® FAX: (650) iqp www.burlingame.org 00.26® _ - � � _ .. .. �` /ylRy MaDed From 940'10 Site: 2724 MARTINEZ DRIVE ' ' US PC3SiACE .. The City of Burlingame Planning Commission announces the PUBLIC HEARING following public hearing on MONDAY, NOVEMBER 26, 2007 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose NOTICE Road, Burlingame, CA: Application for Design Review, Hillside Area Construction Permit, Front Setback Variance and Special Permit for an attached garage for substantial construction and first and second story addition to a single family dwelling at 2724 MARTINEZ DRIVE zoned R-l. APN 025-022-070 Mailed: November 16, 2007 (Please refer to other side) t/6"l%/7C/ame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject applications) in court, you may be limiter] to raising only those issi ins you or someone else raised at the public hearing described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director (Please refer to other side) PUBLICHEARING NOTICE .�. °• s�J'"'.[„�"�� �� C 'tr f1,�. ry f c =; it s Z� t tY r ON ✓` :¢� ` ...p��Y' ;q, • x*.i �� ' •,� ��.. � � S,4*� fir C K O• VV .4 r rpNkXl •� �. � _�+ w u SAO i4 Jt c�1�•r Jj<'r x 2724 Martinez Drive • V p Yli$ w t yyyyy5 9 a ry w ^_ ,• �, _�',.'� fix;: � ,, ,� �`" CITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD � 65 0161=1r�04325 BURLINGAME, CA 94010 A. a PH: (650) 558-7250 • FAX: (650)t?� '�00.260 www.burlingame.org `r.9ai?edFrorn 940141 US P05TACE Site: 2724 MARTINEZ DRIVE The City of Burlingame City Council announces the following public PUBLIC HEARING hearing on MONDAY,JANUARY 7,2008 at 7:00 P.M.in the City NOTICE Hall Council Chambers,501 Primrose Road,Burlingame,CA: Appeal to the City Council of the Planning Commission's decision on an application for Design Review,Hillside Area Construction Permit,Front Setback Variance and Special Permit for an attached garage for substantial construction and upper and lower level addition to a single family dwelling at 2724 MARTINEZ DRIVE zoned R-l. APN 025-021-070 Mailed: December 28,2007 (Please refer to other side) City of Burlingame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC HEARING NOTICE (Please refer to other side) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DENYING THE APPEAL OF JESSE GEURSE,OF THE PLANNING COMMISSION'S NOVEMBER 13,2007, APPROVAL OF THE APPLICATION FOR DESIGN REVIEW,HILLSIDE AREA CONSTRUCTION PERMIT,SPECIAL PERMIT FOR ATTACHED GARAGE,AND FRONT SETBACK VARIANCE FOR A MAIN AND LOWER LEVEL ADDITION TO A RESIDENCE AT 2724 MARTINEZ DRIVE,ON PROPERTY LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL(R-1)ZONE RESOLVED,BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, on November 26, 2007, the Planning Commission approved Design Review, Hillside Area Construction Permit, Special Permit, and Front Setback Variance, and adopted a Categorical Exemption related to the construction of a main and lower level addition to an existing residence on property located at 2724 Martinez Drive(APN: 025-022-070), and owned by Wayne and Genise Pan,150 Chateau Drive,Hillsborough,California;and WHEREAS,the Planning Commission's November 26,2007 approval was appealed by Jesse Geurse on behalf of the property owners,and the City Council conducted a public hearing on the appeal on January 7, 2007; denying the appeal and upholding the Planning Commission's approval. NOW,THEREFORE,IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this council, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, Section: 15301 Class 1(e)(1) - additions to existing structures provided the addition will not result in an increase of more than 50%of the floor area of the structures before the addition. 2. Said design review, hillside area construction permit, special permit, and variance are approved subject to the conditions set forth in Exhibit"A"attached hereto. Findings for such design review,hillside area construction permit,special permit,and variance are as set forth in the staff report,minutes,and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Mayor I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoing g resolution was introduced and adopted at a regular meeting of the City Council held on the 17` day of December,2007 by the following vote: 1 of 2 RESOLUTION NO. City Council Agenda—January 7, 2007 APPEAL—2724 Martinez Drive AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2of2 EXHIBIT A Conditions of Approval —2724 Martinez Drive Approved by the City Council on January 7, 2007 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 16, 2007 sheets T.0, L1.0, DMA, DM.2, and A.0 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 trees shown on the landscape plan for the rear-yard shall not be permitted to exceed a height of 15-feet from the base of the lower patio, and shall be maintained at a height of no greater than 15-feet; 3. that the neighbors at 1600 Granada Drive (Thompsons) and the applicants (Pans) shall review and agree upon the placement of the trees in the rear-yard landscape plan in order to mitigate any future view issues; 4. that no shrubs, or future shrubs, shall be permitted to grow to a height greater than the maximum allowable fence height permitted by the City of Burlingame, and shall be maintained at a height of no greater than that measurement; 5. that no additional trees shall be planted in the existing airport view corridor where trees do not currently exist; 6. that trees planted within the front-yard shall not be permitted to grow to the height exceeding the height of the peak of the roof, and shall be maintained at a height of no greater than that measurement; 7. that the chimney height of the kitchen vents as shown on the plans shall not exceed the manufacturer's minimum; and that if a chimney for a fireplace, the height shall not exceed 2-feet above all surrounding surfaces within 10-feet of the chimney (the minimum specification of the Building Code). 8. that trees noted for removal on the landscape plan shall be removed in advance of issuance of a building permit for the project; 9. that the conditions of the Chief Building Official's December 15, 2006 memo, the City Engineer's December 15, 2006 memo, the Fire Marshal's December 13, 2006 memo, and the NPDES Coordinator's December 13, 2006 memo shall be met; 10. 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; 11. 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; 1 of 2 EXHIBIT A Conditions of Approval — 3105 Margarita Avenue Approved by the City Council on December 17, 2007 12. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 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; 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; 16. 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; 17. 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; 18. 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; 19. 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; 20. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 21. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. 2of2 � CITY o� STAFF REPORT BURLINGAME AGENDA 6b ITEM # a� D0 MTG. Dq` ATED JUNE 9 DATE January 7, 2008 DA6 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMIT E BY DATE: January 7, 2008 APP OVED FROM: Jesus Nava, Finance Director/Treasurer BY =�nW SUBJECT: Final Adoption of Amendment to Business License rrdinance to Include Contract Municipal Recreation Employees in Payment Exemptions Recommendation: That the City Council adopt the amendment to the Business License Ordinance exempting recreation contract employees from the Business License Tax. Background: The amendment to the ordinance was introduced by the City Council at its meeting of December 17, 2007. The amendment clarifies the original intent of the ordinance by creating a categorical exemption for recreation contract employees. Discussion: The Business License Ordinance requires businesses that operate within the city limits to apply for a business license and pay a $100 per annum tax. The ordinance exempts nonprofit and charitable organizations from the tax. The original intent of the ordinance was not to require umpires, coaches and instructors of municipal recreation programs (contract employees) to pay the tax to provide such services. In addition, municipal recreation providers receive a substantially small compensation and the $100 business license fee would cause many to opt not to provide such service. The ordinance amendment exempts municipal recreation service providers (including coaches, referees and instructors) from payment of the Business License. The following language is added to the ordinance: (fj Nothing in this title shall be deemed or construed to require the payment of a license tax by any person to conduct or officiate any recreation program or activity provided or sponsored by the city. The issue of whether the merchants participating in the Farmers Market sponsored by the Burlingame Chamber of Commerce will be subject to the business license tax has arisen. Technically they are conducting business (sales) within the City of Burlingame and the Ordinance does not provide an exemption for them. Specifically, the ordinance requires the payment of the tax and states: "Every person not having a fixed place of business within the city who engages in business within the city, including contractors. " (Chapter 6.08.020 (b)). It the Council has an interested in creating a exemption for the Chamber of Commerce farmers market, then Council can direct staff to prepare such an amendment. City Council Agenda Report Final Adoption of Amendment to Business License Ordinance to Include Contract Municipal Recreation Employees in Payment Exemptions Page 2. Fiscal Impact• There is no fiscal impact because Parks and Recreation contract employees were deemed exempt from the ordinance. The amendment clarifies that exemption. Attachments: Ordinance of the City of Burlingame Amending Sections 6.04.240 to Correct Statutory Citation and Clarify that City Recreation Program Providers are Exempt from Business License Taxes Draft Language exempting Farmers Market Vendors from Business License Taxes (via email from Larry Anderson, City Attorney(dated January 2, 2008) 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTIONS 6.04.240 TO CORRECT STATUTORY CITATION AND CLARIFY THAT CITY 3 RECREATION PROGRAM PROVIDERS ARE EXEMPT FROM BUSINESS LICENSE TAXES 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. The City has not collected business license taxes from persons who provide 8 recreation programs for the City. This ordinance is intended to affirm that interpretation by 9 ordinance. This ordinance also updates a statutory reference regarding State law.This ordinance 10 does not increase any business license tax or impose any new tax on any person. 11 12 Section 2. Section 6.04.240 is amended to read as follows: 13 6.04.240 Exemptions 14 (a) Charitable and Nonprofit Organizations. The license provisions of this code shall 15 not be deemed or construed to require the payment of a license fee to conduct,manage or carry 16 on any business, or require the payment of any license fee from any institution or organization 17 which is conducted,managed or carried on solely for the benefit of charitable purposes or from 18 which profit is not derived either directly or indirectly by any person,if such business is exempt 19 from the payment of bank and corporation taxes by Sections 23 701 of the Revenue and Taxation 20 Code, nor shall any license be required for the conducting of any entertainment, concert, 21 exhibition,lecture or scientific,historical,religious or moral services whenever the receipts of 22 such entertainment, concert, exhibition or lecture are to be appropriated to any church, school 23 or to any religious or benevolent purpose within the city; nor shall any license be required for 24 the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, 25 charitable,fraternal,educational,military,state,county or municipal organization or association 26 whenever the receipts of any such entertainment,dance,concert,exhibition or lecture are to be 27 appropriated for the purpose and objects for which such association or organization was formed 1 and from which a profit is not derived either directly or indirectly by any person; provided, 2 however, that nothing herein contained shall be deemed to exempt any institution or organization from complying with the provisions of any of the ordinances of the city requiring 4 such institution or organization to obtain a permit from the city council to conduct, manage or 5 carry on such business. 6 (b) Interstate Commerce.Nothing in this title shall be deemed or construed to apply to 7 any person transacting or carrying on any business exempt by virtue of the Constitution or 8 applicable statutes of the United States or of the state of California from payment of such 9 licenses as are herein prescribed. Such person shall file a verified statement with the license 10 collector setting forth all of the facts showing that he or she is entitled to such exemption. The 11 statement shall contain the name and location of the person for which the orders are to be 12 solicited or secured, the name and address of the nearest local or state manager, the kind of 13 goods,wares or merchandise to be delivered,the place from where the same are to be shipped 14 or forwarded,the method of solicitation or taking orders,the location of any warehouse,factory 15 or plant within the state of California, the method of delivery, the name and address of the 16 applicant, and any other facts necessary to establish such claim of exemption. 17 (c) Veterans. Any veteran, as defined by Section 16001 and Section 16001.5 of the 18 Business and Professions Code of the state of California, shall be exempt from the payment of 19 license fees for peddling or soliciting upon presentation of proof of such exemption satisfactory 20 to the license collector. 21 (d) Minors,Sixteen Years and Younger.Every natural person of the age of sixteen(16) 22 years or under, whose annual gross receipts from any and all businesses are four thousand 23 dollars ($4,000.00) or less, shall be exempt from payment of any license tax under the 24 provisions of this title. 25 (e) Senior Citizens. Every natural person of the age of sixty-five (65) years or over, 26 whose annual gross receipts from any and all business are four thousand dollars($4,000.00)or 27 less, shall be exempt from payment of any license tax under the provisions of this title. - 2 - l (f) Nothing in this title shall be deemed or construed to require the payment of a license 2 tax by any person to conduct or officiate any recreation program or activity provided or sponsored by the city. 4 5 Section 3. This ordinance shall be published as required by law. 6 7 Mayor 8 9 I,DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that 10 the foregoing ordinance was introduced at a regular meeting of the City Council held on the 17th 11 day of December,2007,and adopted thereafter at a regular meeting of the City Council held on 12 the day of , 2008, by the following vote: U 14 AYES: COUNCILMEMBERS: 1 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 16 17 18 City Clerk 19 U:\FILES\ORDINANC\buslicexemption.fin.wpd 20 21 22 23 24 2> 26 27 Page 1 of 1 FIN-Nava, Jesus From: ATTY-Anderson, Larry Sent: Wednesday, January 02, 2008 11:56 AM To: MGR-Nantell, Jim; FIN-Nava, Jesus Subject: Farmers Market Jim and Jesus, here is very rough draft language that would exempt vendors at the Farmers Market and vendors at other community events from having to pay for a business license. Would you please let me know what you think, and then let me know where you think we should go from here. I told Georgette that I would draft some language for discussion purposes. (2) The license provisions of this code shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business in the city that consists solely of selling 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. However, nothing herein contained shall be deemed to exempt any such person from complying with the provisions of any of the ordinances of the city requiring such a person to obtain a permit from the city to conduct, manage or carry on such a business. 1/3/2008 t AGENDA 6c ITEM# STAFF REPORT �TE Janarv720OR TO: HONORABLE.MAYOR AND CITY COUNCIL SUBMITTED BY____dackVan Euen,.Chief of Police DATE: Decemher21,2007 APPROVED FROM: .lade Van FifPn, .hi f of Poli.. BY Jim Nantall,ity nager i�'/ SUBJECT: Public Hearing to Approve Expenditure of SLESF(Supplemental Law Enforcement Services Funds),also referred to as COPS(Citizens Options for Police Spending) RECOMMENDATION: The City Council should hold a public hearing and adopt a resolution for the purpose of approving the Police Chiefs plan to use Supplemental Law Enforcement Services Funding(SLESF)allocated to the City of Burlingame.This hearing should be placed on the agenda for the regularly held City Council Meeting of January 7,2008. BACKGROUND: The State of California has awarded the City of Burlingame$100,000 in SLESF(Supplemental Law Enforcement Services Funding),or also referred to as COPS(Citizens Options for Police Spending) funding for this fiscal year(2007-2008).In order to receive this funding,there must be a public hearing at a regularly scheduled city council meeting to review and approve the spending plan for the funds.The Chief of Police is responsible for developing the spending plan. The spending plan for consideration is the same as approved in past years by the City Council.The entire amount of the SLESF/COPS funding will be used to pay the salary and benefits of one plus(1)Burlingame Police Officer.This expenditure fulfills the mandate of Governor Schwarzenegger that COPS funds be used for police personnel costs. ATTACHMENTS: Public Hearing Notice Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE PLAN OF THE CHIEF OF POLICE FOR EXPENDITURE OF CITIZENS OPTIONS FOR PUBLIC SAFETY (COPS) FUNDS RESOLVED, by the CITY COUNCIL of the City of Burlingame, California that; WHEREAS, the State of California has established the Citizens Options for Public Safety (COPS) programs and appropriated money from the State general fund for certain public safety programs for the 2007-2008 fiscal year; and WHEREAS, the State has awarded the City $100,000 in COPS funding; and WHEREAS, the Chief of Police has proposed that this funding be used to fund one additional police officer position pursuant to the COPS funding guidelines; and WHEREAS, notice of this proposal and this public hearing has been published as required by law; and WHEREAS, the City Council has held a public hearing and received and considered testimony from all persons interested in the matter who appeared at the hearing, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The plan proposed by the Chief of Police to use the COPS funding for provision of one additional police officer is approved. 2. These funds will be used to supplement existing services as required by State law and shall not be used to supplant any existing funding for the Burlingame Police Department. 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 _ of , 2008, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK NOTICE OF PUBLIC HEARING City of Burlingame NOTICE IS HEREBY GIVEN that the City Council of the City of Burlingame will hold a public hearing on January 7,2008,at 7 p.m. in the City Council Chambers located at 501 Primrose Road, Burlingame, California to consider the plan of the Burlingame Chief of Police to use the grant funds from the Supplemental Law Enforcement Services Funding, also referred to as the California Citizen Options for Police Spending(Government Code Section 30061 and following)to pay for the salaries and benefits of an additional police officer in the City. The City Council will receive testimony on the proposed plan from all interested persons who appear at the Council meeting. To receive additional information about the proposed plan,or to provide written comments, interested persons may contact the City Clerk located at 501 Primrose Road, Burlingame,CA 94010, phone 650-558-7203. okwMiz STAFF REPORT AGENDA ITEM # 8a MTG. 7 January 2008 DATE To: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY 1• DATE: December 28, 2007 APPR D FROM: Parks & Recreation Director (558-7307) BY SUBJECT: BURLINGAME'S CENTENNIAL PROJECT �r RECOMMENDATION: It is recommended that the City Council amend the Centennial Project to the west end of Washington Park as outlined below and authorize staff to move forward with the design and fundraising phases of the project. BACKGROUND: Early in 2007, Council authorized staff to do a preliminary study of a Centennial Plaza at the west side of the Burlingame Avenue Train Station. Since then, the Parks & Recreation Commission held a public meeting to determine the community's vision of the Plaza and the Traffic, Safety & Parking Commission held public meetings and the Public Works Department had a study performed to determine the parking impacts. During these meetings, there was a general Ireement that the Train Station was an appropriate place to be commemorated on the City's 100 anniversary, but there were mixed feelings on the viability, costs, phasing, amenities and safety of using this area as a public meeting place as well as the parking impacts on the Burlingame Avenue and surrounding businesses. In November, the Centennial Executive Committee approved for Council consideration a proposal that would create usable space behind the tennis courts at the west end of Washington Park. The proposal would include a 20' x 20' bandstand for performances during Music in the Park, Art in the Park and other occasions; four bocce ball courts; new seating areas and would renovate the horseshoe courts and chipped bark areas. This proposal appears to meet the interests of a wide range of the community's residential and business members - - Creating a space designed for public use and events in a safe environment without negatively impacting the downtown parking. This area has been discussed as a potential site for a future Recreation Center. While the footprint of that Center has never been specifically designed, Staff believes that the proposed Centennial Project would not preclude a new Center in the area; that the new Center could be incorporate around the Project. While there is still a strong community sentiment to "clean up" the parking and landscaped areas around the Train Station, this could be done in conjunction with the Historical Society's plans to create a community museum in the Station, rather than as a separate Centennial project. Another idea brought forward during the discussion is to install a driveway northbound in front of the Station from South Lane to North Lane to be used as a drop off area. Public Works staff will evaluate the proposal, which would require a U Turn on southbound California Drive at South Lane, when the new Station is opened and the traffic and parking patterns and demands are more defined. BUDGETIMPACT: The anticipated budget impacts associated with this project are: Construction Costs—The estimated project costs are broken down as follows: Bocce courts, trellis structure, horseshoe pits and related costs: $325,000 Bandstand, paving, lighting, landscaping and associated costs: $275,000 Desi ng_& Engineerings Topographic survey, design, engineering: $90,000 Amending the Centennial Project to the proposed area in Washington Park at this time does not authorize construction, but does authorize staff to continue the design and engineering phase. Funding City Funding—For five consecutive years,the City Council allocated $10,000 to a fund to be used for the City's Centennial Celebration. While the celebration was being planned, the Events Committee established a goal of generating enough revenue from the events, donations and merchandise so that the initial $50,000 could be used as part of the Centennial Project. While it is too early to tell the effectiveness of the Events Committee's work, the revenue received to date is on track with their anticipated budget. Staff anticipates the need for additional City funds to be loaned to this project for the initial engineering and design work before donations from the community can be secured Community Funding—From its conception,the Centennial Project was foreseen as to be funded by community donations. Private individuals, service organizations and corporations will all be invited to help make the Centennial Project a reality. Recognition opportunities include sponsorship of the bandstand, bocce courts, horseshoe pits, as well as smaller gifts being acknowledged by plaques on the USGS monument. The Executive Committee has not yet sought donations; choosing to wait for a final project that can be unveiled to the public. The Washington Park project will cost slightly less than the proposal for the Train Station Plaza and the project can be done in phases if need be. ATTACHMENTS: A. Conceptual renderings of the Centennial Project in Washington Park (E)DROP-OFF (E)TENNIS COURTS \ \\ STAMPED,COLORED CONCRETE PAVI G REFURBISH(E)USGS MONUMENT FOR DONOR DONOR PLAQUES* FLAGPOLE ,\\ SEATWALL AROUND MONUMENT WITH FLOWERING COLORLANDSCAPE SCREEN -. /y \ Y' 10'X 72'BOCCE COURTS WITHT� F )REDWOOD TREES` rt SYNTHETIQ SURFACE (E)TREES 3 iY •s• �""` "-.r 4 d A V I �$EATWALL WITH MULTI-TRUNK TREE Z Q !` CL d' � yR {LIGHT POLE t„� �� ° 7 -SHADE STRUCTURE I BANDSTAND(20'X 20') J H r t W V) aIL r .F rARY IN-THE-PARK"AREA TRELLIS WITH BENCHES AND DRINKING FOUNTAIN AT SOUTH ENO HORSESHOE PITS (10 X'SO') NEW ASPHALT PAVING MULTI-TRUNK TREE LAWN' QQQ g I (�l 4 4.' o "BELCHESQ / VIEWDIRECTION Of PERSPECTIVE SKETCH 2� 5 Z j 4 ° SEE SHEET 2 W z (E)TREES V m a 1- - o s"io'. m• so' NORTH � 1 I 2 �m r ' r r 1 �z �5L o . Ito AA 6{ e Ai+ sI r+�t,]i I" U4 Imo✓} K � L +` . ��\` m�aLO s4, ui UMei'.a, An11 i,L.vCL " ""' 4,51 tL 5 117 CITY ,� STAFF REPORT BIJ_RLINGAME AGENDA ITEM # 8b MTG. •*� °� DATE January 7, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 28 2007 r, APPROVED FROM: Jim Nantell 558-7205 BY suBJEcr: Council Discussion and Direction on Potential June 2008 Ballot Measure for Funding Deferred Capital Improvements RECOMMENDATION: That the City Council not pursue a June 2008 General Obligation Bond election for storm drainage improvements and a. Direct staff to contract with NBS to undertake the study required for the formation of a citywide Community Facilities District, b. Direct staff to do additional research on the legal basis for creating storm drainage property fee, c. Provide staff direction relative to the development of a budget reduction option that could fund an ongoing $2 million for a "pay as you go" storm drainage improvement program. BACKGROUND: After the unsuccessful ballot initiative of November 2006, the City Council continued to review options to fund $44 million in deferred capital improvements of which the vast majority consisted of storm drainage improvements. Staff presentations were made at a Special City Council meeting of December 131 2006 and at the regular meetings of January 2, 2007, January 16, 2007 and February 21 , 2007. At the February 21 st meeting, staff presented options around the two most likely financial vehicles to secure the necessary funding, a GO Bond or a Community Facilities District Tax. At that time the Council, for many reasons, including other competing elections and the hope of passage of (SBA12) State Legislation sponsored by Senator Leyland Yee, deferred the decision until 2008. Community Facilities District Although SBA 12 failed to secure enough support to be placed on the ballot, Senator Yee was successful in keeping the bill alive by converting it to a two year bill. Given the fact that SBA 12 requires a 2/3rds vote of the legislature, which will require significant support from Republicans in the legislature, the chance of success are realistically less than one would want. Staff recommends against continuing suspending action pending the out come of SBA 12. At the very minimum we recommend that we use the first part of 2008 to undertake the development of a possible Community Facilities District Tax (CFD). That way by the time we know the fate of SBA12 the Council will have all the information you need to determine whether to go forward with a GO Bond Measure for November of 2008 or a Community Facilities District Tax Measure for the November ballot. CFD can also be presented through a mail in ballot the date of which is determined by the City Council. Staff believes that the Council should use the previously budgeted funds to do more analysis on the Community Facilities Tax (CFD) because the group that fought Measure H (2006 City sponsored GO Bond Measure) will support a CFD approach but have pledged to fight another GO Bond. When you take into ¢c A 34 'fir ve rt�msrsae. ivUbd Ri'd' ,rut. li rir,ugo i, ,',ubu 179li 3.i 1 iU ,.:t .i 5113f:'I"G (.1.Y &it:..:y 'A -Q;ru; PAIS",a!i r, hn::r rit r NON .. AM n;, .tt 'cR ti,; 'Wil ,{,,: ,;it zsv::ilo=f;::cC i1 consideration that Measure H received 64%. or 2.6% less than required and the recent Burlingame School District GO Bond Measure received only 62% without any opposition getting the last 2.6% of the voters with organized opposition is a daunting task. As per the February 20, 2007 Memo from the City Manager (Attachment A) although the majority of property owners would pay more under a CFD approach than they would under a GO Bond (assumes both are structured to raise the same amount of funds), the CDF would be a more equitable method and would avoid the situation where recent homeowners paying would be paying as much as 20 times more than other long term homeowners. It is the later situation that generated all the opposition to Measure H. GO Bond Measure for June 2008 If the Council prefers the more traditional GO Bond approach staff would reluctantly suggest that we reduce the amount being funded and thus the amount paid by the tax payers as another way to respond to the new home owners attack against Measure H. Attachment B reviews five different funding amounts and the ramifications based on different property assessed values. Two other observations, as the Council knows any ballot measure requires private fund raising to pay for the campaign costs waiting to fund a campaign for a November ballot measure would put us midway between the funding raising associated with last November's council election and the next council election in November 2009. Secondly, although conventional wisdom has often argued for placing tax measures on a smaller turn out election with the logic being the campaign works hard to get out the yes votes, the consultants conducting our per election polling of voters indicated in the case of funding the storm drainage improvements we would do better at higher turn out elections. November 2008 being a presidential election should be a high voter turn out election. Storm Drainage Propggy Fee As the Council may recall some court cases associated with the use of Storm Drainage Property Fee has led to caution around pursuing that option. Attachment B shows that it is otherwise an attractive option as it only requires a simple majority of the property owners vs. the 2/3rds voter majority required with a GO Bond or Community Facilities District. Given that more time has transpired since those court cases we are suggesting that Council concur with staff recommendation to under take additional research relative to those cities that have recently implemented a storm drainage property fees. Alternatives to New Revenues to Fund Storm Drainage Improvements Should we continue to fail to achieve the voters approval of funding storm drainage improvements there are two obvious other options. The first is the one that has effectively been used in the last six years since the General Fund revenues have been insufficient to adequately fund storm drainage improvements through our annual CIP. That is the "default option" of just accepting the existing level of our storm drainage infrastructure and plan to live with the periodic impacts associated with significant storms. Another obvious option is to decide that adequate storm drainage infrastructure is a basic responsibility and therefore identify and implement budget reductions that would fund an ongoing $2 million per year for "a pay as you go" storm drainage improvement program. Information that was not available during the Measure H campaign was what we do if there is no additional funding for storm drainage improvements. If the Council agrees that investing in our storm drainage infrastructure is a responsibility that we can not ignore then, absent additional funds, we need to look at budget reductions to fund a minimal pay as you go storm drainage improvement program. Developing what one might call"the back up option"allows the voters to have that information when they are considering the ballot measure. Although many may feel they don't care about storm drainage problems because it doesn't impact their property they may feel differently if they realized failure to fund this basic responsibility means reducing the funding for other services they do care about(i.e. cleaning up downtown,reduced traffic enforcement, less library hours and park maintenance)may result in their support of additional funding for storm drainage improvements. On one hand development of the "back up option"may be seen as unfair because it looks like black mailing the voters to vote yes, if the Council believes budget reductions are necessary if we don't get additional funding then not disclosing that to the public is unfair as well. BUDGET IMPACTS: The FY07-08 adopted budget contains a total of$190,000 to pursue the creation of a citywide community facilities district. The appropriation covers the cost of the NBS consultant study($50,000); the cost of printing voter educational materials ($50,000) and the cost for conducting a special election($90,000). Only the cost of the study would be expended at this time. ATTACHMENTS: A. Review five different G.O. Bond funding amounts and the ramifications based on different property assessed values. B. February 20, 2007 Memo from the City Manager re: Pros and Cons of CFI? vs. GO Bond. C. Pros and Cons of the Five Alternative Funding Approaches Recommended for Consideration D. Revenue Brainstorming Worksheet(full array of approach options) E. Tentative Timeline for June 2008 Ballot Measure ATTACHMENT A OPTION 1 $44 MILLION BOND (AS IN MEASURE H) STORM DRAIN PROJECTS 1. EASTON CREEK (COMPLETE) $7,500,000 2. BURLINGAME/RALSTON CREEKS $9,000,000 3. SANCHEZ/TERRACE CREEKS $10,500,000 4. MILLS CREEK $1,000,000 5. EL PO RTAL/TRO US DALE CREEKS $500,000 6. BAYFRONT AREA, CURBS, GUTTERS, PUMPS AND BRIDGES $8,500,000 TOTAL OF STORM DRAIN PROJECTS $37,000,000 BUILDINGS (HEALTH & SAFETY IMPROVEMENTS) 1. RECREATION CENTER $3,300,000 2. CITY HALL $2,500,000 3. POLICE STATION, FIRE STATION AND PARKS CORPORATION YARD $1,200,000 TOTAL OF BUILDINGS PROJECTS $7,000,000 NOTE: PROJECT COSTS SHOWN HERE ARE ESTIMATES ONLY, THE ACTUAL COST WILL BE DEPEND ON CONTRACTORS BIDS AT THE TIME OF ACTUAL CONSTRUCTION AND ENGINEERING. Page 1 of 5 ATTACHMENT A OPTION 2 $41 MILLION BOND STORM DRAIN PROJECTS 1. EASTON CREEK(COMPLETE) $7,500,000 2. BURLINGAME/RALSTON CREEKS $10,000,000 3. SANCHEZ/TERRACE CREEKS $11,000,000 4. MILLS CREEK $1,000,000 5. EL PORTALITROUSDALE CREEKS $500,000 6. BAYFRONT AREA,CURBS, GUTTERS, PUMPS AND BRIDGES $9,000,000 TOTAL OF STORM DRAIN PROJECTS $39,000,000 RECREATION CENTER SAFETY IMPROVEMENTS $2,000,000 TOTAL OF ALL PROJECTS $41,000,000 NOTE: POLICE STATION,FIRE STATION, PARKS CORP YARD IMPROVEMENTS ARE NOT INCLUDED NOTE:PROJECT COSTS SHOWN HERE ARE ESTIMATES ONLY,THE ACTUAL COST WILL BE DEPEND ON CONTRACTORS BIDS AT THE TIME OF ACTUAL CONSTRUCTION AND ENGINEERING. Page 2 of 5 ATTACHMENT A OPTION 3 $39 MILLION BOND STORM DRAIN PROJECTS 1. EASTON CREEK (COMPLETE) $7,500,000 1. BURLINGAME/RALSTON CREEKS $10,000,000 2. SANCHEZ1TERRACE CREEKS $11,000,000 3. MILLS CREEK $1,000,000 4. EL PORTALffROUSDALE CREEKS $500,000 5. BAYFRONT AREA, CURBS, GUTTERS, PUMPS AND BRIDGES $9,000,000 TOTAL OF STORM DRAIN PROJECTS $39,000,000 NOTE 1: RECREATION CENTER, POLICE STATION, FIRE STATION, AND PARKS CORP YARD IMPROVEMENTS ARE NOT INCLUDED NOTE: PROJECT COSTS SHOWN HERE ARE ESTIMATES ONLY, THE ACTUAL COST WILL BE DEPEND ON CONTRACTORS BIDS AT THE TIME OF ACTUAL CONSTRUCTION AND ENGINEERING. Page 3 of 5 ATTACHMENT A OPTION 4 $37 MILLION BOND STORM DRAIN PROJECTS 1. EASTON CREEK $6,000,000 (PUMP STATION AND FORCEMAIN) 2. BURLINGAME/RALSTON CREEKS $10,000,000 3. SANCHEZ/TERRACE CREEKS $11,000,000 4. MILLS CREEK $1,000,000 5. EL PORTAL/TROUSDALE CREEKS $500,000 6. CURBS, GUTTERS, PUMPS & BRIDGES $6,500,000 TOTAL OF STORM DRAIN PROJECTS $35,000,000 RECREATION CENTER SAFETY IMPROVEMENTS $2,000,000 TOTAL OF ALL PROJECTS $37,000,000 STORM DRAIN PROJECTS NOT INCLUDED: • EASTON CREEK LEVEE AND CATCH BASIN IMPROVEMENTS $1,500,000 • BAYFRONT IMPROVEMENTS $2,500,000 TOTAL $4,000,000 NOTE: POLICE STATION, FIRE STATION AND PARKS CORP YARD IMPROVEMENTS ARE NOT INCLUDED. NOTE: PROJECT COSTS SHOWN HERE ARE ESTIMATES ONLY, THE ACTUAL COST WILL BE DEPEND ON CONTRACTORS BIDS AT THE TIME OF ACTUAL CONSTRUCTION AND ENGINEERING. Page 4 of 5 ATTACHMENT A OPTION 5 $35 MILLION BOND STORM DRAIN PROJECTS 1. EASTON CREEK $6,000,000 (PUMP STATION AND FORCEMAIN) 2. BURLINGAME/RALSTON CREEKS $10,000,000 3. SANCHEZ/TERRACE CREEKS $11,000,000 4. MILLS CREEK $1,000,000 5. EL PORTAL/TROUSDALE CREEKS $500,000 6. CURBS, GUTTERS, PUMPS & BRIDGES $6,500,000 TOTAL OF STORM DRAIN PROJECTS $35,000,000 STORM DRAIN PROJECTS NOT INCLUDED: • EASTON CREEK LEVEE AND CATCH BASIN IMPROVEMENTS $1,500,000 • BAYFRONT IMPROVEMENTS $2,500,000 TOTAL $4,000,000 NOTE 1: RECREATION CENTER, POLICE STATION, FIRE STATION, AND PARKS CORP YARD IMPROVEMENTS ARE NOT INCLUDED NOTE: PROJECT COSTS SHOWN HERE ARE ESTIMATES ONLY, THE ACTUAL COST WILL BE DEPEND ON CONTRACTORS BIDS AT THE TIME OF ACTUAL CONSTRUCTION AND ENGINEERING. Page 5 of 5 Summary Average Tax Levy Comparison d 4 $26.01 $27.49 $28.97 $30.45 $30.22 I I $91 .02 $96.21 $ 101 .38 $ 106.58 $ 105 .78 $ 130.03 $ 137.44 $ 144.83 $ 152.26 $ 151 . 11 III $ 182.04 $ 192.42 $202.77 $213 . 16 $211 .55 III I I i ♦ $260.06 $274.88 $289.67 $304.52 $302.22 II III $312.07 $329.86 $347.60 $365 .42 $362.66 vt„r'Et� :zp , DE AFF„ ♦ RosA Attachment B CITY OF BURLINGAME TO: Mayor Nagel and Council Members DATE: Oct. 20,2007 FROM: Jim Nantell, City Manager SUBJECT: Final Version of Analysis of CDF vs. GO Bond It is important to remember that the CDF example developed by the consultant is for illustration and the actual approach we would develop may vary from the one that is presented Although it may not be the exact CDF approach we might end up using, it is the only one we have to compare against the GO Bond approach. The GO bond figures are ultimately estimates as well—as variables such as the interest rate environment at time of issuance and assessed value growth rates, are ultimately uncertain. With that said, I have developed the following comparison. % of Number of Assessed Value Cost/Yr. CFD Cost Residential Parcels for$37 M for Single Parcels GO Bond Family /Condo 10.83% 827 100,000 or less $22.18 (1) $175/$123 13.75% 1050 100,000 to 200,000 $45.62 $175/$123 6.72% 513 200,000 to 300,000 $68.43 $175/$123 6.39% 488 300,000 to 400,000 $91.24 $175/$123 5.97% 456 400,000 to 500,000 $114.05 $175/$123 6.34% est. 477 500,000 to 620,000 $141.42 $175/$123 7.85% 607 620,000 to 750,000 $ 171.08 $175/$123 57.85% 4418 Subtotal ofparcels that pay more under CDF 9.86% 753 750 to 1,000,000 $228.10 $175/$123 3.77% 288 1.0 to 1.2 million $273.72 $175/$123 3.63% 277 1.2 to 1.5 million $342.15 $175/$123 2.07% 158 1.5 to 2 million $456.20 $175/$123 .73% 56 Over 2 million Varies $175/123 20.07% 1532 Subtotal ofparcels that pay more under GO Bond (1)the figure of$22.81 came from dividing the$125 average amount paid under a GO bond for a home assessed at $548,397 as shown in the power point presentation previously sent to the city council by 5.48 to get the cost for each 100,000 assessed value. Note the remaining 22.09%of the parcels are multi-residential and we don't know their assessed value. The point were the GO and CFD meet is an assessed value is $767,000 So that means 58% of the residential parcels pay more under CFD approach; where as 20%of the residential parcels pay more(and any where from 10 to 20 times greater than those parcels assessed at$100,000 or less)under the GO bond approach. GO Bond CFD +Maximizes use of previous investment in +Provides a flat amount for all single Public Education on CIP Needs family and a flat amount for condominiums + Is prior to the expected School District which should be perceived as more fair. Measure in November and avoids being +Responds to higher assessed property third local tax measure to Burlingame owners concerns, 28%of residential voters. parcels. + Allows 58%of residential parcels (many +Avoids a situation where 28%of the of which are seniors on fixed incomes)to residential parcels are paying anywhere take advantage of relatively lower assessed from 10 to 20+times as much as those with values. assessed values of under 100,000. -Results in 20% of residential parcels +Results in less debt and payment from (many young families)paying many times tax payers. more than the long time property owners. +Avoids maximum tax payments of the -May be hard to muster a group to do the GO Bond which for 35%of the residential campaigning because it is so close to Nov. parcels exceeds the $175 (which is the 06 election and competes with Nov 07 annual tax under CFD). For 7%of the election. parcels that amount is more than twice the - Will continue to have opposition from $175. new property owners whose arguments +Avoids a ballot campaign at the same seemed to resonate with more than just that time frame as council election, which segment of voters during the measure H hopefully will allow more volunteers. campaign. +Allows more time to develop and -Places more of a burden on recent and compare specific CDF approach to GO future commercial/industrial property Bond approach. owners + more friendly to newer and future businesses(as with the residential sector, a GO bond would put more of a burden on new commercial/industrial property owners vs. those that have been in Burlingame for a long time) +provides certainty to renters and businesses that lease property in Burlingame(under GO these constituents would likely have no idea what the assessed value of the property is) -Puts the decision well past a year from the public information associated with Measure H. -Results in 58%of residential parcels paying more than GO Bond approach and could result in seniors (21% of registered voters)voting against it. -Delays placement before the voters to next year and very shortly after a school district measure which is on the heels of the High School Districts measure. Voters may be "new tax weary". The analysis of the consultant shows that we can develop a CDF approach that could fund the same amount of improvements and stay with in(or close to)the $160 annual cost that tax payers are likely to support(as identified by the phone survey last spring). It also shows that it will not require shifting a disproportionate amount from residents to non residential parcels. That leaves the political strategy question of which approach stands the greatest chance of succeeding with the voters both from of a standpoint of which segments of the voting public pay less under the two options and from a standpoint of which date the measure is placed before the voters. Jim Nantell Attachment C. BALLOT MEASURE REVIEW FINANCING OPTIONS December 5, 2006 Participants_ Jim Nantell, Larry Anderson, Jesus Nava, Randy Schwartz, Syed Murtuza, Jane Gomery MELLO-ROSS GENERAL OBLIGATION BOND (COMMUNITY FACILITIES DISTRICT). $130 average/parcel - $44million $130 average/parcel - $35million JN, SM, JG, RS JN, SM, RS PRO CON PRO CON Date of election is flexible Requires 66.66% voter Redistributes overtime Requires 66.6% of the voter approval approval Community Facilities District Negative public opinion Can not be repealed Opposition will fight can be tailored to maximize support Tax structure is flexible Lien against property. Allows some mixed uses Can't use toward long term (caps) maintenance Mail-in ballot option City pays and administers Can easily borrow against No cap allowed election Addresses opponents' Requires consultant to Public educated on issue Election dates not flexible concerns determine tax structure from election Unrepealable Requires debt reserve Most commonly used No special categories for — approach. different prop owners Not a debt of the city Confusing to explain to Will fund maximum amount voters Nexus to improvements Higher costs for all because Allows senior deferral if includes all facilities of administration qualified Council creates district No debt reserve FLAT PARCEL TAX (General Tax) STORM DRAIN PROPERTY FEE $160 average/parcel - $20million $130 average/parcel - $44million SM, JG PRO CON PRO CON Easy to explain Required 66.66% voter 50% + 1 vote—Property No mix of uses -specific __approval owner OR 2/3 citizens vote Fair(addresses opposition Less revenue Clear Nexus—relates Subject to repeal issue) directly to need Accepted in area Loose commercial bump Allows mail-in (date is For 50% -Only property flexible) owners vote Could be used for CIP & Places more burden on Addresses opponents' Takes time& is costly to maintenance. homeowners issues. develop.. Mix use possible Subject to repeal Vote is not weighted. Higher cost burden to residential properties Seniors exemption possible No C.O.L.A. Could be used for Requires consultant to maintenance and GIP determine tax structure Probably more support from More problematic to borrow Can borrow against voters Burden on single family Could generate needed residents (regressive) amount Election date flexible Page 1 of 2 Attachment C. FINANCING OPTIONS — BALLOT MEASURE REVIEW December 5, 2006 (Continued) UTILITY USERS TAX (General Tax) Less Revenue) PRO CON 50% + 1 of the vote Lack voter support Flexibility in uses Less amount of revenue Easy to administer Subject to appeal Fairly applied (Tax payer No link to funding need affects amount. C.O.L.A. Only at council election Optional sunset Problematic to borrow against Can choose which/all utility and amount for each Uses funds for C/P and maintenance Address opposition OPTIONS REVIEWED BUT NOT RECOMMENDED Y Assessment District(legal issues because it must be direct benefit,less revenue, impact to commercial properties,weighted property owner vote) Y General Purpose Tax(subject to repeal and not supported by voters) Y Sales or Use Tax(difficult to get support) Business License Fee(unfair to commercial) ➢ T.O.T. (reduces competitive edge for hotels) S:\A Public Works Directory\2006 FLOOD PROT-SAFETY BONDUJUNE BALLOT MEASURE\Table of financing options 12-5-06.doc Page 2 of 2 REVENUE BRAINSTORMING WORKSHEET REVENUE SOURCE Statutory Basis Vote Requirement Mail-in Allowed? When Held Advantages Disadvantages Comments General Obligation Bond -- General fund Only for acquisition Ad valorem tax bound only a revenue source by GC 43600 2/3 No Any time or improvement of receiving bond proceeds real property adjusted each year Has a difficult Popular in various Community Facilities Can be reputation in the parts of state; District GC 53311 2/3 Yes Any time ST balanced/ State -- need to bonds are not apportioned provide some general fund benefit analysis obligations XIIIA(4)(a)/XIIIID(3) Any time ST Simple to Flat tax on Parcel Tax 2/3 Probably not Council administer and Used by schools (a)(2) election GT explain everyone GC 37101/R&T 50% if general; 2/3 ifAny time ST Taxes non- Only taxes Could go to gross Business License Tax 17041 .5 special No if GT -- Yes if ST : Council voters business receipts versus flat election GT tax Any time ST Common tax - Does not Takes Utility Users Tax Fenton vs. City of 50% if general; 2/3 if No if GT -- Yes if ST Council taxpayer can necessarily relate administration Delano special election GT control how to needs or sources effort much paid Across the Limited to library Library Tax GC 53717 2/3 Yes Any time ST board No balancing facilities and services Public Safety -- can be Police & Fire Protection GC 53970/53978 2/3 Yes Any time ST apportioned to Parcel Tax Limited to Fire and Police Services ' locations/zones Must Uusually limited to Municipal Improvement S&H 10000 Majority of ballots cast Yes Any time Broad authority identify/specify certain geographic Act of 1913 Assessments benefits to each parcel area Must Limited to Specifies identify/specify landscaping, Landscaping & Lighting S&H 22500 Majority of ballots cast Yes Any time projects, can be benefits to each lighting and park & Act of 1972 used for ongoing parcel; requires rec facilities; services annual assessment administration like BID intensive m z v 1 12/3/2007 REVENUE BRAINSTORMING WORKSHEET REVENUE SOURCE Statutory Basis Vote Requirement Mail-in Allowed? When Held Advantages Disadvantages Comments Must Limited to Specifies identify/specify drainage, flooding,, Benefit Assessment Act of GC 54703 Majority of ballots cast Yes Any time projects, can be benefits to each and street lighting 1982 used for ongoing parcel; requires services annual assessment administration like BID Iintensive Any time ST Would violate Prop be Ad Valorem Property Tax 'XIIIA(1(b)) 2/3 Probably not Council Tagged to ,Tagged to values 13 can't election GT values balaa can't or apportioned ° Any time ST Payroll Tax R&T 17041.5 :50% if general; 2/3 if No if GT--Yes if ST Council Taxes daytime Income tax in drag 'Probably special population unpopular election GT Can seek Any time ST Legislative Sales & Use Tax R&T 7287 2/3 No if GT--Yes if ST Council None Graffiti tools only authority for election GT broader authority; anti-competitive question Can go to Adopted in 2003 50% if General; 2/3 if Any time ST general fund; 0.25 percent session; similar Transactions & Use Tax R&T 7285.9 special No if GT--Yes if ST ',Council spread among increments only; provision did not election GT the community anti-competitive pass County vote in November 2006 50% if general; 2/3 if Any time ST Taxes non- Anti-competitive-- Transient Occupancy Tax R&T 7280 special No if GT--Yes if ST Council voters already high election GT Probably Documentary Transfer Tax.See ad valorem tax unconstitutional or violation of statute to raise rate Devoted to specific purpose; Difficult to calculate For storm drainage: ° clear on a parcel-by- Administratively Property-Related Fees H&S 5471 50% Yes Any time relationship; can parcel basis; does intense be used for not provide clear capital or financing vehicle operations 2 12/312007 ATTACHMENT E DRAFT TENTATIVE TIMELINE FOR GENERAL OBLIGATION BOND ELECTION January 7— City Council Meeting—preliminary decision on whether to proceed with June election January 22— City Council Meeting—Resolution of intention/necessity adopted(4 affirmative votes required)and ordinance introduced(Gov't Code § 43607) NLT January 30— Notice of introduction of ordinance published in newspaper of general circulation February 4— City Council Meeting—Ordinance adopted(4 affirmative votes required) calling election(Gov't Code§43608)and resolution calling election adopted NLT February 11 — Notice of special election published in newspaper of general circulation NLT February 18— Ordinance published in newspaper of general circulation for seven days NLT March 7 — Deadline for submission of measure and resolution to County of San Mateo NLT March 7— Deadline for submission of tax rate statement by City Manager to City Clerk March 13 — Random Draw for Measure Letter Assignments March 14— Last day to file primary arguments for or against measures March 24— Last day to file rebuttal arguments for or against measures March 24— Deadline for filing impartial analysis May 19— Voter registration closes June 3— Election Day Timeline--1 12/31/2007 � y STAFF REPORT BURLJNGAME AGENDA ITEM# 9a z MTG. DATE 7 January 2008 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY - DATE: January 7, 2008 r "PROVED ., FRoM: Deirdre Dolan, Human Resources Director BY r' SUBJECT: Approval of Labor Agreement with Teamsters Local 856 RECOMMENDATION: Staff recommends that Council approve the resolution authorizing the City Manager to incorporate the tentative agreement between Teamsters Local 856 and the City of Burlingame into the Memorandum of Understanding(MOU) for this unit. The comprehensive tentative agreement is attached to this report as Exhibit A. BACKGROUND: Teamsters Local 856 represents the Police Department Communications Dispatchers. The Teamsters labor agreement expired on November 30, 2007 after a three-year term. The City and Teamsters have been meeting since July to negotiate the terms of a new agreement. The City reached tentative agreement with the Teamsters unit on December 10, 2007, and the Teamsters ratified the agreement on December 14. The major components of the tentative agreement are as follows: Term: 4 years; December 1, 2007 through November 30, 2011. Salary: 2.0% increase retroactive to the first pay period in December 2007; 2.0% increase effective the first pay period in December 2008; 3.0% increase effective the first pay period in December 2009; and 3.0% increase effective the first pay period in December 2010 Retirement: Implement the 2.5%at 55 retirement formula effective no later than March 31, 2008 Retiree Medical: The Teamsters agreed to a reduction in the retiree medical benefit for future employees. Employees hired after implementation of the 2.5% at 55 retirement formula will receive 100% of the lowest cost single coverage after 10 years of service; 75% of the lowest cost employee plus one dependent coverage after 15 years of service; and 100% of the lowest cost employee plus one dependent coverage after 20 years of service with the City of Burlingame. Other changes agreed to in negotiations are included in the attached Exhibit A. BUDGETIMPACT: The fiscal year 2007-2008 budget included funding for the salary and benefit cost increases associated with the new agreements. The projected annualized cost increases are as follows: • Salary increase costs: $11,756 • Retirement plan cost increase: $14,695 ATTACHMENTS: Resolution for Teamsters Local 856 Agreement Exhibit A—Comprehensive Tentative Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CHANGES TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BURLINGAME AND TEAMSTERS LOCAL 856 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame and the Teamsters Local 856 have met and conferred in good faith on the terms and conditions of employment as provided by State law; and WHEREAS, the City and Teamsters have reached agreement on certain changes to be made to the existing terms and conditions of employment and Memorandum of Understanding between the City and Teamsters; and WHEREAS, the proposed changes are fair and in the best interest of the public and the employees represented by Teamsters; NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1 . The changes in existing salary of the employees represented by Teamsters as contained in Exhibit A hereto are approved. 2. The City Manager is authorized and directed to execute the terms contained in Exhibit A and incorporate them into the Memorandum of Understanding between Teamsters Local 856 and the City of Burlingame. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a special meeting of the City Council held on the 7 h day of January, 2008, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK Exhibit A Tentative Agreement Teamsters Local 856 Negotiations December 10, 2007 Maior Economic Items 1. Term: 4 years (December 1, 2007 through November 30, 2011) 2. Salary: Effective the first pay period in December, 2007: 2.0% increase Effective the first pay period in December, 2008: 2.0%increase Effective the first pay period in December, 2009: 3.0% increase Effective the first pay period in December, 2010: 3.0% increase The concept to pay to 3rd in the survey market will be eliminated. 3. Retirement: 2.5%at 55 formula will be implemented effective no later than March 31, 2008. The City agrees to reopen the MOU if the 2.5% at 55 formula does not become effective by March 31, 2008 due to failure to reach agreement with all miscellaneous employee labor organizations. 4. Medical: For the term of this agreement, the City's contribution for medical insurance will be up to a maximum of the Kaiser family premium rate. The City maintains the ability to modify the technical language in this section in order to coordinate with the changes in the retiree medical benefit. The benefit level will remain the same. 5. Retiree Medical: Current employees: Employees hired prior to the effective date of the 2.5% at 55 retirement formula who retire with a minimum of five years of service with the City will receive the current retiree medical benefit, up to a maximum of the Kaiser family premium rate. New employees hired on or after the effective date of 2.5% at 55: Years of Service Monthly Contribution 0-end of SP year Minimum monthly amount as governed by the Ca1PERS of service Health System. 10 years to the 100% of the lowest medical premium provided through end of the 14th CalPERS approved medical providers for employee only. year of service Exhibit A Years of Service Monthly Contribution 15 years to the 75% of the lowest medical premium provided through end of the 19P Ca1PERS approved medical providers for employee+1 year of service dependent. 20 years of 100% of the lowest medical premium provided through service or more CalPERS approved medical providers for employee+1 de endent. Other Economic Items 6. Vision Plan: The cost of repair of glasses will be included as a covered item. 7. Vacation: The vacation accrual rate at 25 years of service will increase to 24 days per year(addition of 1 day). 8. Sick leave accrual: Maximum sick leave accrual will increase to 2,000 hours. 9. Training Differential: Employees assigned to train new dispatchers will receive an 18.75% pay differential during the period of active assignment to this duty. 10. POST Certification Differential: If during the term of this agreement POST establishes Intermediate and Advanced certifications for Public Safety Dispatchers, the City will provide a 5% premium pay differential to an employee who earns an Intermediate POST certificate and a 7% premium differential to an employee who earns an Advanced POST certificate. 11. Call Back pay: An employee recalled to work outside of and not continuous with regularly scheduled hours shall be paid a minimum of four(4)hours at the rate of one and one-half(1-1/2)times the employees regular rate of pay. Work may be provided for the employee during this time. 12. Deferred Compensation: The City will provide a contribution to an employee's deferred compensation account in an amount equal to the employee's contribution up to a maximum of forty five dollars($45) per biweekly pay period. 13. Bilingual Pay: The City will provide a 5% differential for employees designated as bilingual service providers. 14. Employees are eligible to receive double time when working alone for more than 30 minutes, excluding breaks and meal periods. Non-Economic Items 15. Seniority: Seniority begins on the first day of permanent employment with the City of Burlingame. Seniority will be used to determine shift bid assignments, overtime coverage, days off and vacations. Exhibit A If an employee is rehired after separating service for more than six (6) months, the prior employment shall not be attributed for seniority purposes for shift bidding, overtime coverage, and time off scheduling. The rehired employee's seniority date for shift bidding, overtime coverage, and time off scheduling will be the date of rehire. 16. Shift Bid: The full time Dispatcher with the most seniority will bid first and this will continue until the least senior full time Dispatcher has completed their bid. Shift bids will be posted twice per year, no later than May 1 and November 1 of each year. 17. Work Schedule: Dispatchers are assigned to work a schedule of 8, 10, or 12 hours shifts. Monthly dispatch schedules will be posted one(1)month in advance, between the first and the fifth day of the designated posting month. 18. Overtime: Overtime is authorized time worked in excess of an employee's normal daily work schedule. Overtime shall be compensated at one and one half times the employee's regular rate of pay for every hour of overtime worked. Overtime will be offered in order from the most senior dispatcher to the least senior dispatcher. Per Diem dispatchers will be assigned remaining overtime slots only after this process has been completed. If necessary to mandate overtime, such overtime will be assigned in order from the least senior dispatcher to the most senior dispatcher. 19. Vacation Scheduling: Vacations will be scheduled once per year. The vacation bid for the following calendar year will be posted no later than November 1 of the prior year. Vacation bidding shall be conducted in the order of seniority with the full-time dispatcher with the most seniority bidding first and will continue until the least senior full-time dispatcher has completed their vacation bid. Dispatchers will be allowed to modify scheduled vacation days if an opening exists on the vacation schedule, provided that the Administrative Sergeant is given notice at least seventy two(72)hours in advance of such proposed change. 20. Family Medical Leave Act: Administrative Policy will be revised to provide more information on employee leave rights. 21. Reclassification policy: Administrative Policy will be revised to insure employee receives timely notification of status of request. ��ICITI � STAFF REPORT BURUNGAME AGENDA "b ITEM# 1cO9 °°e MTG. °A•n°���E6' DATE 1/7/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 21, 2007 APPROVED FROM: Doris Mortensen, City Clerk By 650-558-7203 SUBJECT: Recommendation to confirm revised list of Council Assignments for 2008 RECOMMENDATION: To review, make changes if necessary and confirm the revised list of City Council Assignments for 2008. BACKGROUND: The revised list reflects assignment changes made at the December 17, 2007 regular Council meeting. One new assignment is needed as follows: Housing Endowment and Regional Trust (HEART) is requesting a Council member be selected to represent the City at their monthly meetings. (Council Assignment#23). The representative is not a voting member of HEART. Only C/CAG-appointed Board members are voting members. EXHIBIT: Revised Council Assignments—2008 CITY OF BURLINGAME COUNCIL ASSIGNMENTS REVISED - 2008 1. ABAG—City Delegate Quarterly Baylock (alternate Deal) 2. Airport Land Use Commission Quarterly meetings held Keighran (alternate Deal) (subcommittee of C/CAG) at Burlingame City Hall 3. Airport Round Table 1St Wednesday each Deal (alternate Keighran) month, 7 p.m. 4. Audit Committee Meets 2-3 times per Baylock and O'Mahony year, including once in December 5. Bicycle and Pedestrian Advisory Last Thursday of month Baylock Committee (BPAC) + extra meetings in C/CAG ap ointment with no term end February-March 6a. BAWSCA (Bay Area Water Supply and 4-year term (ends 2011) O'Mahony Conservation Agency) 6b. Board Policy Committee Meets monthly O'Mahony 7. Budget Responsibilities: Each council (There are no budget chairs. member to meet with appropriate Department heads will make department head(s) to review budget reports; council members will elaborate) • CA, CM, CC, FIN, HR Nagel • Parks & Recreation Keighran • Library Deal • Fire and Police Baylock • Community Development/Public O'Mahony Works 8. Centennial Executive Committee Monthly, usually on O'Mahony and Keighran Fridays, 3 to 5 p.m. at Rec Center 9. Central County Fire Board 1St Tuesday in May and Baylock and Nagel November, 4 p.m., at (2-year terms) Hillsborough Town Hall 10. Chamber of Commerce Liaison 2° Tuesday of each Baylock and Keighran month, noon-1:30 p.m. (alternate Deal) 11. City/County Association of Governments 2 nd Thursday of each O'Mahony(alternate Nagel) (C/CAG) month, Legislative Committee meets at 5, regular meeting at 7 12. City/Schools Liaison Committee 3 times a year, usually Nagel and Keighran Wed. or Thurs. during (alternate Deal) lunch Propose switching to Fridays 13. Civic Engagement Subcommittee As needed Nagel and Keighran 14. Congestion Management Committee Monthly, 3-5 p.m. at Not applicable; need to be (CMAC, subcommittee of C/CAG) San Mateo City Hall appointed by C/CAG. 15. Council of Cities 4h Friday of month in All different city 16. Council Protocol Subcommittee As needed Baylock and O'Mahony 17. Economic Development Committee As needed Keighran 18. Emergency Services Council (quarterly) 3 rd Thursday in January, Nagel (alternate Baylock) April, June and September, 5:30 p.m. at Hall of Justice in Redwood City 19. Fire ALS Joint Powers Authority Twice annually as group Nagel agrees, usually at 6 p.m. Next meeting is Feb. 7 at 6 p.m., location TBA 20. Grand Boulevard Task Force Quarterly, 10 a.m.-noon, Deal location varies 21. Green Advisory Committee (SBWMA) Meeting January 2008 Deal 22. Green Ribbon Task Force Baylock and Nagel 23. Housing Endowment and Regional Trust 4 1h Wednesday of month (HEART) at 3 p.m. in Belmont 24. ICLEI (International Council for Local Nagel Environmental Initiatives-Local Government for Sustainability) 25. Peninsula Congestion Relief Alliance Every other month on Deal (alternate Gomery) Tues. or Thurs. at 8 a.m. 26. Peninsula Division League of California 4 dinner meetings per All Cities year,plus January reception for newly elected council members 27. Regional Financing Authority(RFA) 4-year term (ends July O'Mahony Manages bond issuance process 2007) 28. Policy Advisory Committee for Sub- To be determined Deal Regional Housing Needs Allocation (reports to ABAG) 29. Safeway Subcommittee Varies Baylock and Keighran 30. Specific Area Plan Committee Keighran and Deal 31. Transportation Authority Re-elected 1/26/07 for O'Mahony two-year term 32. Utilities and Sustainability Task Force 3T Thursday of each Nagel (reports to C/CAG) month at BAWSCA conference room, San Mateo 33. Warrants Review Monthly review O'Mahony CITY STAFF REPORT AGENDA .... ... ITEM# 9c MTG. 7 January 2008 DATE NI.Tiv+tw.a d'. TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: January 7, 2008 I APPROVED FROM: Deirdre Dolan,Human Resources Director BY SUBJECT: Adoption of Resolution Fixing the Employer's Contributidn Under the Public Employees' Medical and Hospital Care Act Effective January 1,2008 RECOMMENDATION: Staff recommends that the Council approve the attached resolution increasing the City's contribution towards medical premiums to a maximum of $1,223.74 per month for members of Teamsters Local 856, and correcting the contribution from $1,223.24 to $1,223.74 for AFSCME Local 2190 and Local 829, Burlingame Association of Middle Managers (BAMM), Department Head and Unrepresented Groups, Police Officers Association (POA), Association of Police Administrators, and International Association of Fire Fighters (IAFF). These changes will be effective retroactive to January 1, 2008. BACKGROUND: The health plan resolution for AFSCME Local 829 and Local 2190, BAMM, POA, Association of Police Administrators, Department Head and Unrepresented Group and IAFF that Council approved at your November 5, 2007 meeting contained an error in the amount of the 2008 Kaiser HMO rate for family coverage. The correct amount is $1,223.74; the resolution submitted to Council on November 5, 2007 stated the amount as $1,223.24. In addition,the City recently concluded contract negotiations with Teamsters Local 856 and agreed to increase the City's contribution to equal the Kaiser HMO rate for family coverage. The attached resolution therefore corrects the previous amount for AFSCME Local 829 and Local 2190, BAMM, POA, Association of Police Administrators, Department Head and Unrepresented Group and IAFF, and includes Teamsters Local 856 in the corrected amount. BUDGET IMPACT: The cost of this benefit increase is included in the 2007-2008 fiscal year budget approved by Council. ATTACHMENTS: Resolution Fixing Employer Contribution Rate for AFSCME Local 2190 and 829, BAMM, POA, Police Administrators, IAFF, Teamsters Local 856, and Department Head and Unrepresented Group RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT RESOLVED,by the City Council of the City of Burlingame: WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS,the City of Burlingame, hereinafter referred to as Public Agency, is a local agency contracting under the Act for participation by members of the American Federation of State, County and Municipal Employees (AFSCME)Local 829 and AFSCME Local 2190, Burlingame Association of Middle Managers(BAMM), Teamsters Local 856, Department Head and Unrepresented Groups,the International Association of Fire Fighters(IAFF), Police Officers Association(POA) and the Association of Police Administrators;therefore be it RESOLVED, that effective January 1, 2008 the employer's contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of$1,223.74 per month; Plus administrative fees and Contingency Reserve Fund Assessments. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of January 2008, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK CITY 0 STAFF REPORT BURUNGAME AGENDA 9d ITEM# MTG. OR-JUNE DATE January 7,2008 6 To: HONORABLE MAYOR AND CITY COUNCIL SUBMIT i BY DATE: January 7, 2008 APP VE FROM: Jesus Nava, Finance Director/Treasurer BY 650-558-7222 SUBJECT: 2008 City of Burlingame Investment Policy RECOMMENDATION: That the City Council approve the City of Burlingame's investment policy for 2008. BACKGROUND: State law requires that the City Council annually review and approve the policy for investment of City funds. There are no changes to the policy. ATTACHMENTS: 2008 Statement of Investment Policy CITY OF BURLINGAME, CA STATEMENT OF INVESTMENT POLICY January 2008 PURPOSE This statement contains guidelines for the prudent investment of the City's temporarily idle cash in accordance with Government Code sections 53600, et. seq. The ultimate goal of the City's Investment Policy is to protect the City's pooled cash while producing a reasonable rate of return on investments. OBJECTIVES 1. Accurately monitor and forecast expenditures and revenues to ensure investment of moneys to the fullest extent. 2. Invest in a range of instruments to insure diversification of the City's portfolio. 3. As a primary objective, safeguard the principal of funds. The secondary objective will be to meet the liquidity needs of the City. The third objective is to achieve a return on the investment of funds. 4. Investments will be in compliance with governing provisions of the law. ACCEPTABLE INVESTMENT INSTRUMENTS Acceptable investments authorized for purchase by the finance director/treasurer are: 1. U.S. Government and Agency Securities (notes, bills or bonds of the U.S. Government and its agencies.) 2. Certificates of Deposit(deposits placed with commercial banks,savings and loan companies and/or thrift and loan companies, which meet the financial criteria established by the City.) 3. Bankers'Acceptances 4. Commercial Paper 5. Demand Deposits 6. Money Market Funds/Mutual Funds 7. Repurchase Agreements 8. Passbook Savings Accounts 9. Negotiable Certificates of Deposit (deposits with commercial banks and/or savings and loan companies which meet the financial criteria established by the City.) 10.Local Agency Investment Funds(State Pool) 11.County Investment Fund(San Mateo County Pool) 12.Guaranteed Investment Contracts (collateralized with Government Securities, physically delivered to an acceptable safekeeping account.) Page 1 of 3 The State pool and San Mateo County Pool invests in additonal Government Code authorized investments that are not approved for direct purchase by the finance director/treasurer. These pools shall provide a current investment policy and monthly reports for review by the finance director/treasurer. The finance director/treasurer is authorized to invest in these pools provided they reasonably appear to be in conformance with their investment policies, which are attached for reference to this policy. REPURCHASE AGREEMENTS - TERM LIMIT AND SAFEKEEPING The City will require physical delivery of the securities backing the repurchase agreements to an acceptable safekeeping account of a third party in the City's name as stated in Code Section 53601(1). Repurchase agreements will be used solely as short term investments not to exceed 30 days. MATURITY LIMIT State law requires that the maturity of any given instrument should not exceed five years unless specifically approved by City Council. Those over two years will be confined to U.S. Government and Agency securities. RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS Section 53600 et. seq. of the State of California Government Code outlines the collateral requirements for certain types of investments and also limits the percentage of total investments which can be placed in certain classifications. Investments must meet the time schedules as indicated by the cash flow projections of the City. Investments will ordinarily be held until maturity unless an advantageous exchange or profit can be made. In such cases, a documented analysis will be prepared and approved by the Finance Director/Treasurer. Investment decisions will not be influenced by forecasts or speculation regarding interest rates. The actual level of interest rates at any given time weighed with the soundness of the institution or investment instrument will be the primary basis of consideration. CERTIFICATES OF DEPOSIT: INSTITUTION FINANCIAL REQUIREMENTS All institutions must have a minimum of $100 million in assets. Institutions have a demonstrated history of positive earnings and must carry a minimum 3.5% equity ratio and must hold that ratio for at least one year prior to the City's investment. All institutions must be located within the State of California. For collateralized or negotiable certificates of deposit, the institution must have a minimum $1 billion in assets, in addition to meeting the above criteria. The City requires physical delivery of all negotiable securities to an acceptable safekeeping account at a designated depository. Page 2 of 3 DELEGATION OF INVESTMENT AUTHORITY Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section 53607, the Finance Director/Treasurer is authorized to invest and reinvest money of the City, to sell or exchange securities so purchased, and to deposit such securities for safekeeping in accordance with and subject to this investment policy. Approved by City Council on January 7, 2008. Jim Nantell City Manager Jesus Nava Finance Director/Treasurer ATTEST: Doris Mortensen City Clerk Page 3 of 3 CITY 0 STAFF REPORT BURLINGAME AGENDA ITEM# 9e MTG. SCO QDAATED JYHED 9D0 DATE Januar•7,2008 To: HONORABLE MAYOR AND CITY COUNCIL SUBMI T BY DATE: January 7,2008 AP ROVED FROM: Jesus Nava, Finance Director/Treasurer BY SUBJECT: Approval of a Three Year Agreement with Municipal Auditing Services (MAS) To Conduct a Business License Tax Audit and Enforcement Program; Approval of a 45-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 45-day Tax Amnesty Period to Commence March 1, 2008 and End April 15, 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 been contemplating 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 A 45-day amnesty period is recommended 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 or penalties. The ordinance allows the city to recover the tax up to three years in arrears, in addition to the current year. During the amnesty period,non-compliant businesses can pay the business license for the current year as well as up to three years in arrears depending on the start date of their business. 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 all amounts due; and submit their protest in writing outlining the reasons while they believe they are exempt from the tax. The City will review all documents and make a determination on the applicability of the tax. 1 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. Discussion 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 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 to meet the needs of the City of Burlingame and MAS. • December 2007 o Timeline refinement o Contract refinement o Program refinement o Amnesty program refinement o Preliminary work on data set request (Business Tax)(City Vendor Data) • January o Contract approval o Program approval o Resolution passed o 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 to community • February 2008 o Contact letters reviewed and finalized o Authorization letters reviewed and finalized o Data issue revisited (if needed) o Program points finalized o Program presentation to City and MAS staff o Amnesty program promoted to community 2 • March 2008 o Amnesty program active o Sales tax data delivered o Sales tax data analyzed and integrated • April 2008 o Amnesty program ends (April 15, 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: City of Burlingame—Municipal Auditing Services Consultant Agreement (Draft) 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 Business License Tax Audit Presentation, Dated December 17, 2006 (PowerPoint) 3 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 Payment: 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 employees: 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 Primary 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 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 0 ac VON MON `lrirFutii��:��rrrtrnrt Business License Tax Audit City of Burlingame, CA Finance Department December 17, 2007 Business License Facts • 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 Who Needs A License? rF = u « 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? —le-01111- 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 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 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 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 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 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 -` 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 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 y Audit Timeline • March 2008 — Amnesty program active • April 2008 — Amnesty program ends — MAS mails first letters December 17,2007 16 8 Audit Services Agreement • 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 C-0 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 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 $100.00 $24.00 $249.00 $124.50 $373.50 2007-2008 $100.00 $25.00 $100.00 $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)-Late payment penalty @ 25% 2 6.04.070(1&2)-5%penalty every 15 days(suggested max of 100%) 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 Conditions of Amnesty • 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 9 Advertising Y Amnest Period 'frno-...,i P66„ar • 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 Questions F" r aahz December 17,2007 23 12 CITY Agenda Item 1, BURLINGAME Meeting Date ?/0'9 °p•� FINANCE DEPARTMENT Memorandum DATE: January 4,2008 TO: Burlingame City Council FROM: Jesus Nava, Finance Director/Treasurer SUBJECT: Business License Tax Audit We continue to refine the process by which we will determine what"persons" are subject to the business license tax and whether individuals are employees of a business or an independent contractor. Part of the difficultly with the audit is that it has not been done before and there are some unknowns, such as the level of compliance with the tax; the amount of revenue that may be generated; and the employer-employee relationships that exist within the city that may expose certain persons to the tax. The Business License Tax Ordinance is broadly written to encompass "every person"conducting business within the city limits. Specifically it states: 6.08.020 License taxes. The following persons shall pay an annual license tax of one hundred dollars ($100.00). (a) Every person conducting or carrying on the business consisting of selling any goods, wares and merchandise or commodities, or services, or conducting or carrying on any profession, trade, occupation, calling or business not otherwise specifically taxed by this chapter. (b) Every person not having a fixed place of business within the city who engages in business within the city, including contractors. (c) Every person conducting a home occupation as defined by Section 25.08.350 of this code. (d) Every person conducting or carrying on the business of selling Christmas trees, except where such business is conducted in connection with another regularly established place of business for which a license has been issued. (Ord. 1125 § 3 (part), (1978); Ord. 1459 § 2 (part), (1992); Ord. 1669 § 1, (2001)) The ordinance does provide specific exemptions but they are limited to non-profit and charitable organizations; businesses protected by the U.S. Constitution and Interstate Commerce laws; veterans peddling or soliciting; minors (16 years or younger) and senior citizens (65 and older) whose gross receipts from any and all businesses are $4,000 or less. It should be noted that even though an exemption is given,proof of exempt status can still be requested under the ordinance. 1 An amendment to the ordinance is also before the Council that will exempt persons providing services as part of the city's recreation programs. In preparation for the audit, staff organized a business owners' focus group to introduce the audit program, solicit their feedback and identify any"pitfalls"that may exist. At that meeting, representatives of the real estate industry asked how brokers and agents would be treated under the ordinance and audit. I explained that the Business License Tax application requires all businesses applying for a license to list the number of employees that work for the business and that city staff would use that information to determine who was an employee and who was not. I further explained that during the formation of the Burlingame Avenue Business Improvement District, affected businesses were given the opportunity to inform the city about whether individuals performing services on behalf of a business were employees or independent contractors. You will recall that the Burlingame BID fees were based on the type of business (restaurant, retail, etc.) and the number of employees working for the business. At that time, many business owners inform us that they had limited number of employees and that many of the persons working in their establishments were independent contractors. Beauty salons and nail parlors in particular emphasized the "non-employee"relationship and the city proceeded to require the independent contractors to obtain their own personal business licenses after the tax was paid. At that time, the city used the U.S. Internal Revenue Service's general rule to determine whether these individuals were independent contractors, mainly is use of the IRS Form 1099 to report amounts paid to an independent contractor. Staff did not physically verify every employer relationship with their independent contractors we simply took the word of the business owner given the fact that the business owner controls the designation and is liable to the IRS and California State Franchise Board for any errors in determining employee status. At the City Council meeting of December 17, 2007,the City Attorney indicated that there was a method of determining whether real estate professionals were employees or independent contractors. Larry has prepared a written opinion to guide us in the audit. It is attached to this memorandum for your review. (See Attachment A.) In addition, staff has performed a cursory review of the Business License Tax Ordinances of neighboring cities to see how they treat real estate professionals for purposes of paying the tax. That information is also attached for your review. (See Attachment B.) Another issue that has surfaced is whether owners of rental properties are subject to the tax. The general practice among our neighboring cities is that owners of single family rental properties are not taxed. However, multifamily complexes (apartments) are considered businesses and are subject to the tax as are property management companies. Multifamily status is ascertained using the zoning codes of each respective city as well postal and utility records that may indicate multifamily status (one meter serving multiple units or multiple meters at a physical address). In 2 regards to property management companies, the consensus is that they are hired to provide a professional service, therefore the tax applies. The specific municipal code sections are attached as well. (See Attachment B.) As I mentioned earlier, there will be unknowns given that this is a new program. However, the Finance staff is experienced in dealing with administrative ambiguity. As tax collector and administrator for the city, I am constantly required to use my judgment and discretion in administering the laws and taxing authority of the city. If a matter remains unclear, I seek help and guidance from the city manager, city attorney and peers, as in this case. My experience has been that we have treated our residents and businesses respectfully and fairly in their dealings with city hall. When errors are made, we acknowledge and correct them. And when ordinances require strong enforcement, we have done so without prejudice or impunity. The Council can expect us to continue in this vein and feel confident that we will do our best to be fair and just in administering the audit and collecting the tax. In the end, we are simply working to get businesses to comply with the law and pay the tax so that we can use the funds to fulfill the needs of the public. We understand that the city will not come out ahead if we gain the means but lose our legitimacy to govern in the process. I will be ready to answer questions about the audit at the City Council meeting. Have a wonderful weekend. 3 i ATTACHMENT A M E M O R A N D U M - CITY OF BURLINGAME CITY ATTORNEY DATE: January 3, 2008 TO: Jesus Nava, Finance Director FROM: Larry E. Anderson, City Attorney yr RE : Business Taxation of Real Estate Professionals ISSUE PRESENTED How does the business license tax ordinance of the City apply to the business of real estate in the City? DISCUSSION Section 6.04.040 provides the basic requirement to obtain a business license as follows: No person shall transact and carry on any business,trade or profession,calling or occupation in the city without first having procured a license or without first having paid to the city the license tax provided herein, and to do so without complying with all such regulations shall constitute a separate violation of this code for each and every day that such business is so carried on. "Person" is then defined in Section 6.04.020(1) as follows: (i) "Person"includes all domestic and foreign corporations,associations,syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts,societies and individuals transacting and carrying on any business in the city of Burlingame, other than as an employee. [emphasis added]. Within a real estate office, there are a number of roles. There may be a principal broker, other brokers, salespersons who work through or with a broker or brokers, and other professionals and assistants. The issue posed by Section 6.04.020 is which professionals are employees and which are not. Naturally,the business through the principal broker is subject to the license tax. The employees of the brokerage, such as secretaries and assistants, are not subject to the tax. The difficulty comes Jesus Nava, Finance Director Re: Business Taxation of Real Estate Professionals January 3, 2008 Page 2 when other persons in the brokerage are not treated as employees,but as independent contractors— either through books of business or by tax treatment in the provision of 1099's. State law gives us the basic definitions, and the California Department of Real Estate gives us additional information. Attached is the basic authority for real estate brokers and real estate salespersons. As can be seen, a real estate broker as licensed by the State has broad authority to offer a wide variety of services. However, a real estate salesperson as licensed by the State can only offer services when the salesperson"is employed by a licensed real estate broker." B&P Code § 10132. Therefore, it appears that a salesperson, as a matter of State law, is an employee of a broker and therefore not subject to a business license obligation under Section 6.04.020(i)'s definition. In addition,the Department of Real Estate license check system gives the City an additional tool of to determine whether a broker is "employed by other brokers or corporations" by searching to determine preliminary employment status. A presumptive indicator is that the broker has received a 1099 rather than a W-2, representing that the broker is not employed but is an independent contractor. CONCLUSION It is my recommendation that the business license tax be applied to real estate brokerages as follows: 1. A brokerage office and the principal broker at the office is subject to a single business license tax. 2. Employees in the office, whether staff, brokers, or salespersons, who receive W-2's are not subject to a business license tax. 3. Salespersons in the office, even if they receive 1099's as supposed independent contractors,are not subject to a business license tax as they can only practice their profession if they are employees of a broker. 4. Brokers in the office if they receive 1099's are subject to the business license tax as independent contractors and not employees of the office or corporation. This would be consistent with how beauticians and cosmetologists, for example, have been classified. This recommendation is also consistent with advice I have given regarding previous interpretations of Chapter 6.04 in the past. BUSINESS & PROFESSIONS CODE § 10131. A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation,regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or others: (a) Sells or offers to sell,buys or offers to buy, solicits prospective sellers or puchasers of, solicits or obtains listings of, or negotiates the purchase, sale or exchange of real property or a business opportunity. (b)Leases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase or exchanges of leases on real property, or on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities. (c) Assists or offers to assist in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the state or federal government. (d) Solicits borrowers or lenders for or negotiates loans or collects payments or performs services for borrowers or lenders or note owners in connection with loans secured directly or collaterally by liens on real property or on a business opportunity. (e) Sells or offers to sell, buys or offers to buy, or exchanges or offers to exchange a real property sales contract, or a promissory note secured directly or collaterally by a lien on real property or on a business opportunity, and performs services for the holders thereof. 10131.01. (a) Subdivision(b) of Section 10131 does not apply to (1)the manager of a hotel, motel, auto and trailer park,to the resident manager of an apartment building, apartment complex, or court, or to the employees of that manager, or(2) any person or entity, including a person employed by a real estate broker, who, on behalf of another or others, solicits or arranges, or accepts reservations or money, or both, for transient occupancies described in paragraphs (1) and (2) of subdivision(b) of Section 1940 of the Civil Code, in a dwelling unit in a common interest development, as defined in Section 1351 of the Civil Code, in a dwelling unit in an apartment building or complex, or in a single-family home, or(3) any person other than the resident manager or employees of that manager,performing the following functions who is the employee of the property management firm retained to manage a residential apartment building or complex or court and who is performing under the supervision and control of a broker of record who is an employee of that property management firm or a salesperson licensed to the broker who meets certain minimum requirements as specified in a regulation issued by the commissioner: (A) Showing rental units and common areas to prospective tenants. (B) Providing or accepting preprinted rental applications, or responding to inquiries from a prospective tenant concerning the completion of the application. (C) Accepting deposits or fees for credit checks or administrative costs and accepting security deposits and rents. (D) Providing information about rental rates and other terms and provisions of a lease or rental agreement, as set out in a schedule provided by an employer. (E) Accepting signed leases and rental agreements from prospective tenants. (b) A broker or salesperson shall exercise reasonable supervision and control over the activities of nonlicensed persons acting under paragraph(3) of subdivision(a). (c) A broker employing nonlicensed persons to act under paragraph (3) of subdivision(a) shall comply with Section 10163 for each apartment building or complex or court where the nonlicensed persons are employed. 10131.1. (a) A real estate broker within the meaning of this part is also a person who engages as a principal in the business of making loans or buying from, selling to, or exchanging with the public, real property sales contracts or promissory notes secured directly or collaterally by liens on real property, or who makes agreements with the public for the collection of payments or for the performance of services in connection with real property sales contracts or promissory notes secured directly or collaterally by liens on real property. (b) As used in this section: (1) "In the business" means any of the following: (A) The acquisition for resale to the public, and not as investment, of eight or more real property sales contracts or promissory notes secured directly or collaterally by liens on real property during a calendar year. (B) The sale to or exchange with the public of eight or more real property sales contracts or promissory notes secured directly or collaterally by liens on real property during a calendar year. However, no transaction negotiated through a real estate licensee shall be considered in determining whether a person is a real estate broker within the meaning of this section. (C) The making of eight or more loans in a calendar year from the person's own funds to the public when those loans are held or resold and are secured directly or collaterally by a lien on residential real property consisting of a single dwelling unit in a condominium or cooperative or on any parcel containing only residential buildings if the total number of units on the parcel is four or less. However, no transaction negotiated through a real estate broker who meets the criteria of subdivision(a) or(b) of Section 10232 shall be considered in determining whether a person is a real estate broker within the meaning of this section. (2) "Sale," "resale," and "exchange" include every disposition of any interest in a real property sales contract or promissory note secured directly or collaterally by a lien on real property, except the original issuance of a promissory note by a borrower or a real property sales contract by a vendor, either of which is to be secured directly by a lien on real property owned by the borrower or vendor. (3) "Own funds" means either of the following: (A) Cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on the person's financial statements, whether secured or unsecured. (B) Cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on the financial statement of an affiliate of the person, whether secured or unsecured. (4) "Own funds" does not include funds provided by a third parry to fund a loan on condition that the third party will subsequently purchase or accept an assignment of the loan. 10131.2. A real estate broker within the meaning of this part is also a person who engages in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of real property or of a business opportunity by advance fee listing, advertisement or other offering to sell, lease, exchange or rent property or a business opportunity, or to obtain a loan or loans thereon. 10131.3. A real estate broker within the meaning of this part is also a person who, for another or others, for compensation or in expectation of compensation, issues or sells, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiates the purchase, sale, or exchange of securities as specified in Section 25206 of the Corporations Code. The provisions of this section do not apply to a broker-dealer or agent of a broker-dealer licensed by the Commissioner of Corporations under the provisions of the Corporate Securities Law of 1968. 10131.4. A real estate broker within the meaning of this part is also a person who acts for another or others for compensation or in expectation of compensation, to do one or more of the following acts: (a) To sell or offer for sale, buy or offer to buy, solicit prospective sellers or purchasers, solicit or obtain listings, or negotiate the purchase, sale, or exchange of mineral, oil, or gas property. (b) To solicit borrowers or lenders for or negotiate loans on mineral, oil, or gas property, or collect payments for lenders in connection with these loans. (c) To lease or offer to lease or negotiate the sale, purchase, or exchange of leases on mineral, oil, or gas property. (d) To rent or place for rent, mineral, oil, or gas property or to collect rent or royalties from mineral, oil, or gas property or improvements thereon. (e) Other than as an officer or employee of the state or federal government, to assist or offer to assist another or others in filing an application for the purchase or lease of, or to locate or enter upon mineral, oil, or gas property owned by the state or federal government. 10131.45. A real estate broker within the meaning of this part is also a person who engages in the following businesses as a principal: (a) Except as provided in subdivision (d) of Section 10133.35, buying or leasing, or taking an option on mineral, oil, or gas property for the purpose of sale, exchange, lease, sublease, or assignment of a lease of the property or any part of the property. (b) Offering mining claims or any interest therein for sale or assignment. BUSINESS & PROFESSIONS CODE § 10132. A real estate salesman within the meaning of this part is a natural person who, for a compensation or in expectation of a compensation, is employed by a licensed real estate broker to do one or more of the acts set forth in Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, and 10131.6. Attachment B. BUSINESS LICENSE - REAL ESTATE INDUSTRY CATEGORIES The following information is derived from the Municipal Codes of each jurisdiction. City of San Mateo 5.24.180 Real Estate Broker-- Stockbroker. Every person conducting the business of real estate broker or stockbroker shall pay an annual business tax of fifty dollars plus five dollars for each salesman associated with or employed by such broker. (Ord. 2004-10 § 1, 2004; Ord. 1984-5 § 50, 1984; Ord. 1977- 20 § 22, 1977). City of Redwood City Sec. 32.153. Specified Businesses: Every person who commences, conducts, engages in or carries on any business described or whose business designation is listed hereinafter in this Section shall pay a business license tax comprised of the base tax plus the unit tax amount times the number of units calculated, respectively, for each such classification of business as hereinafter specified: Real estate brokerage: $37.00 plus $24.00 per each salesperson and employee City of Millbrae 7.05.110 Business classifications. Each business in the city shall be classified into one of the following business classifications: M. Real Estate Agents. Any independent contractor who is not an employee of a real estate broker or, notwithstanding MMC 7.05.010(A), any employee of a real estate broker,who brings buyers and sellers together for negotiations, or negotiates or arranges terms and conditions for buyers and sellers, for the purpose of effecting a sale of real property. N. Real Estate Brokers. Any premises from which there is conducted the business of bringing buyers and sellers together for negotiations, or from which negotiations or arrangements of terms and conditions for buyers and sellers take place, for the purpose of effecting a sale of real property. 7.05.120 Tax rates. Business license taxes for each business in the city shall be calculated in the manner described below; provided, however, that if gross receipts are the indicated tax measure but cannot be calculated or reasonably determined for any particular business, the tax shall be based upon its cost of operations Attachment B. 14. Real Estate Brokers $210 (flat fee) 15. Real Estate Agents $53 (flat fee) City of Foster City Chapter 5.08 DEFINITIONS 5.08.050 Gross receipts. As used in this article, "gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in"gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following: H. As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker; 5.24.010 Rates. Every person who engages in business at a fixed place of business within the city shall pay a license tax based upon gross receipts from zero ($0) to five million dollars ($5 m.) at the following rates and in the following classifications: RATES Classification"A" Seventy-five cents per one thousand dollars of gross receipts or fractional part thereof. Maximum tax: Three thousand seven hundred fifty dollars. Attachment B. BUSINESS LICENSE - RENTAL OF REAL PROPERTY CATAGORIES City of San Mateo Ordinance does not apply to property owners, but it does apply to property managers because they have been hired to perform a professional service. City of Redwood City Sec. 32.153. SPECIFIED BUSINESSES: Every person who commences, conducts, engages in or carries on any business described or whose business designation is listed hereinafter in this Section shall pay a business license tax comprised of the base tax plus the unit tax amount times the number of units calculated, respectively, for each such classification of business as hereinafter specified: Residential Property Rental: $37.00 plus $13 per unit of dwelling space in excess of three units (applied only to apartment complexes; city checks zoning and utility records to determine multifamily status) Nonresidential Property Rental: $30.00 plus $10 per 1,000 sq. ft. or fraction (Tax amounts adjusted 5% for inflation for FY92, FY93, FY94 and FY95) City of Millbrae 7.05.110 Business classifications. Each business in the city shall be classified into one of the following business classifications: P. Rental of Real or Personal Property, Commercial. Any person engaged in the business of renting or letting real or personal property, including but not limited to, a building, structure, warehouse, equipment, computer, office machine or tools, to a tenant or lessee for the purpose of conducting business. This classification includes property owners and those who are in the business of leasing space for the express purpose of subletting for commercial uses. This classification also includes property owners who are in the business of leasing office machines, equipment and tools to a lessee for the purpose of conducting business. Leasing agents and property managers are included under the services classification. Q. Rental of Property, Residential. Any person engaged in the business of renting or letting a building or structure with three or more units for purposes of dwelling, sleeping Attachment B. or lodging(i.e., apartments, boardinghouses and other residential property rentals). This classification does not include hotels or motels, which are classified under services. 7.05.120 Tax rates. Business license taxes for each business in the city shall be calculated in the manner described below; provided, however, that if gross receipts are the indicated tax measure but cannot be calculated or reasonably determined for any particular business, the tax shall be based upon its cost of operations 17. Rental of property, commercial - $64 plus $10.60 per 1,000 18. Rental of property, residential - $64 plus $5.30 per unit City of Foster City Chapter 5.08 DEFINITIONS 5.08.050 Gross receipts. As used in this article, "gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in"gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold,the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. 5.24.010 Rates. Every person who engages in business at a fixed place of business within the city shall pay a license tax based upon gross receipts from zero ($0)to five million dollars ($5 m.) at the following rates and in the following classifications: RATES Classification"A" Seventy-five cents per one thousand dollars of gross receipts or fractional part thereof. Maximum tax: Three thousand seven hundred fifty dollars. Enforced on multifamily complexes (apartment complex or other residential complexes), but not single family unit owners Agenda 9f Item k Meeting BURLINGAME STAFF REPORT Date: January 7, 2008 C' SUBMITTED BY 61 APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: DECEMBER 26, 2007 FROM: PUBLIC WORKS SUBJECT: RESOLUTION ACCEPTING MILLS CANYON SEWER AND ACCESS ROAD REPAIRS PROJECT BY HILLSIDE DRILLING, CITY PROJECT NO. 81700 RECOMMENDATION: It is recommended that Council approve the attached resolution accepting the Mills Canyon Sewer and Access Road repairs project by Hillside Drilling in the amount of $342,000. BACKGROUND: During the winter months in early 2006, a series of storms caused a mudslide above the Mills Canyon sewer access road. The Council authorized staff to design and construct a retaining wall to protect the access road from further damage. On September 18, 2006, the Council awarded a construction contract for the Mills Canyon Sewer and Access Road repairs project to Hillside Drilling in the amount of $297,369. The work included construction of pier and lagging retaining walls, repaving sections of access road and drainage improvements. The project will result in safe maintenance access to a vital portion of the Burlingame Manor Subdivision sanitary sewer system. DISCUSSION: The project has been completed satisfactorily in compliance with the plans and specifications. The final project construction cost is $342,000 which is $44,631 (15%) above the original contract amount due to the following reasons: • Complexity of and unforeseen conditions associated with drilling piers into the hillside. The contractor encountered hard rock when drilling in several locations. ($10,100) • Additional slope area and roadway were identified that needed to be repaired and stabilized. ($34,531) Staff worked with the State Office of Emergency Services and FEMA (Federal Emergency Management Agency) to obtain reimbursement of costs associated with the design and construction of the retaining wall. However, the project was deemed ineligible for reimbursement by FEMA after several reviews. CADocuments and Settings\ilouie\Local Settingffemporary Internet Files\Content.Outlook\Y5LQ7PKN\8I700Acceptance.doc BUDGET IMPACT: The following are estimated final project costs: Construction including extra work $342,000 Construction inspection, management and testing 49,000 Total $391,000 There are adequate funds available in the project budget to cover the costs. EXHIBITS: Resolution, Final Progress Payment, Location Map c: City Clerk, Hillside Drilling ictor Vo Associ e ngineer CADocwnents and Settings\jlouie\Local Settings\Temporary Internet Files\Content.Out look\Y5LQ7PKN\81700Acceptance.due 1 RESOLUTION NO. - ACCEPTING IMPROVEMENTS -MILLS CANYON SEWER AND ACCESS ROAD REPAIRS PROJECT BY HILLSIDE DRILLING CITY PROJECT NO. 81700 RESOLVED by the CITY COUNCIL of the City of Burlingame,California,and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by HILLSIDE DRILLING., under the terms of its contract with the City dated September 18,2006, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 81700. 3. Said work be and the same hereby is accepted. 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 , 2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk SAA Public Works Directory\Author,By Name\Joanne Louie\RESOLUTION ACCEPTANCE.wpd CONTRACTOR: HILLSIDE DRILLING CITY OF BURLINGAME DATE: November-21-07 ADDRESS: P.O. BOX 70130 PROGRESS PAYMENT FINAL FOR THE MONTH OF: November-07 POINT RICHMOND, CA 94807 MILLS CANYON SEWER AND ACCESS ROAD REPAIRS PURCHASE ORDER # 10365 TELEPHONE: (510) 234-6532 FAX (510) 234-3131 CITY PROJECT NO. 81700 •«+..x ++++.+..++++....+...+..............I.....+....++.. . «+..........++x ++......... . ..... . ....a........++ +..x........ ......++.++ ++...........++++ + ++«+............ . ....++++•+++++++ ITEM : UNIT BID UNIT BID QUANTITY 8 AMOUNT PREVIOUS AMOUNT # .+..x+++TEM ai +++ +•ax+•+ DESCRIPTION +•+•+•++ + «+•++PR*CE*{+++ +.QUANTITY+ + SIZE + ++«+AMOUN++«+x + ++TO«DATE +x ++++PAID.+• +++++++0*DATE •+++ +++x++«PAID+a««. • THIS PMT. ...r.. .+..+..+.x+ FEMA Category B Work 1 Mobilization & Demobilization $11,469.00 1.00 LS $17,469.00 1.00 100.008 $17,469.00 $17,469.00 $0.00 2 : Construction Survey and Site Preparation $17,500.00 1.00 LS $17,500.00 1.00 100.008 $17,500.00 $17,500.00 $0.00 3 Clearing and Grubbing $20,000.00 1.00 LS $20,000.00 1.00 100.008 $20,000.00 $20,000.00 $0.00 4A Concrete Piers $125.00 660.00 : VLF $82,500.00 578.60 87.678 $72,325.00 $72,325.00 $0.00 4B Lagged Sections $50.00 390.00 SF $19,500.00 563.60 144.518 $28,180.00 $28,180.00 $0.00 4C Disposal of Soil $65.00 140.00 CY $9,100.00 173.00 123.578 $11,245.00 $11,245.00 $0.00 5 : Class 1 Permeable Material, in place $400.00 12.00 : TONS $4,800.00 24.00 200.008 : $9,600.00 $9,600.00 $0.00 6 :Asphalt Concrete Restoration Along New Wall $23.00 1,400.00 SF $32,200.00 2,008.00 143.438 $46,184.00 $46,184.00 $0.00 7 Core barrel drilling hours $300.00 15.00 SF $4,500.00 20.00 133.338 $6,000.00 $6,000.00 $0.00 8 Restoration, Finish Grading and Revegetation $5,000.00 1.00 : LS $5,000.00 1.00 100.008 $5,000.00 $5,000.00 $0.00 9 Concrete Sack Transitions on End of Walls $90.00 30.00 SF $2,700.00 39.50 131.678 $3,555.00 $3,555.00 $0.00 10 Clean, Reconstruct and Line Ditch $22.00 72.00 LF $1,584.00 129.00 179.178 $2,838.00 $2,838.00 $0.00 FEMA Category C Work ' 1 Mobilization & Demobilization $2,000.00 1.00 LS $2,000.00 1.00 100.008 $2,000.00 $2,000.00 $0.00 2 Construction Survey and Site Preparation $2,000.00 1.00 LS $2,000.00 1.00 100.008 $2,000.00 $2,000.00 $0.00 3 :Clearing and Grubbing $3,000.00 1.00 LS $3,000.00 1.00 100.008 : $3,000.00 $3,000.00 $0.00 4A Concrete Piers $140.00 110.00 : VLF $15,400.00 115.50 105.008 $16,170.00 $16,170.00 $0.00 4B Lagged Sections $40.00 80.00 SF $3,200.00 70.00 87.508 $2,800.00 $2,800.00 $0.00 4C Disposal of Soil $65.00 20.00 CY $1,300.00 25.00 125.008 $1,625.00 $1,625.00 $0.00 5 Class 1 Permeable Material, in place $300.00 3.00 : TONS $900.00 9.00 300.008 $2,700.00 $2,700.00 $0.00 6 :Asphalt Concrete Restoration Along New Wall $27.00 400.00 SF $10,800.00 710.00 177.508 $19,170.00 $19,170.00 $0.00 7 :Core barrel drilling hours $300.00 5.00 SF $1,500.00 0.008 $0.00 $0.00 $0.00 8 Restoration, Finish Grading and Revegetation $2,000.00 1.00 LS $2,000.00 1.00 100.008 $2,000.00 $2,000.00 $0.00 9 Concrete Sack Transitions on End of Walls $90.00 20.00 SF $1,800.00 18.80 94.008 $1,692.00 $1,692.00 $0.00 Alternate Work Items ALTA1 Asphalt Concrete - Dig-out repairs at Various Loca: $12.00 1,700.00 : TONS $20,400.00 3,828.90 225.238 $45,946.80 $45,946.80 $0.00 ALTA2 Crack Sealing $5,000.00 1.00 : EACH $5,000.00 0.008 $0.00 $0.00 $0.00 ALTA3 Slurry Seal $0.65 : 12,640.00 : EACH $8,216.00 0.008 $0.00 $0.00 $0.00 ALTA4 Rip Rap Placed Below Culvert Discharge $150.00 20.00 : EACH $3,000.00 20.00 100.008 $3,000.00 $3,000.00 $0.00 • ORIGINAL BID : $297,369.00 - CHANGE ORDERS: ' CO 1 CO 2 CO 3 CHANGE ORDERS __ $0.00 ++++++++++++++a+r:++++++a++++a+aa+++++++++++++++++++++++ a r++++++++.:++++ +++++++++a+ :++++a +a++++++++++++++ ++++.+++++++ ++++a+.++++ ++++a++++++++++++ a++a++:+++++.+++a ++•+.++a++a++++++ DATE SUBTOTAL *`*`** $297,369.00 *******`* `***:`** $341,999.80 $341,999.80 $0.00 PREPARED--BY: November-21-07 LESS FIVE PERCENT RETENTION ********`*` ****`**** ($17,099.99) : ($34,199.98) $17,099.99 + CHECKED BY: SUBTOTAL`WITHOUT DEDUCTIONS *******`* `****`*` $324,899.81 $307,799.82 $17,099.99 APPROVED BY AMOUNT DUE FROM CONTRACTOR *****`*`* ** $0.00 $0.00 $0.00 CITY ENGINEER: ++++++++++ +++++++ ++++++++++:+::+ a++++++•+++ +:+++++a++ -------- -------------'- --------------- APPROVED BY TOTAL THIS PERIOD +*`************ **`****`* ****"** $324,899.81 $307,799.82 $17,099.99 CONSULTANT: S:fA Pub&c Works DirectoMProjects19733\Progress Payment Is,Sheet(Progress Payment 3) 122008 PAGE 1 of 1 LOCATION MAP 4 jj L P44 CT i L 0 MILLS CANYON SEWER S� AC ROAD REPAIRS AL Q % Agenda 9 Item # _ g Meeting BURLINGAME STAFF REPORT Date: Jan 7, 2008 SUBMITTED B APPROVED 6Y le , TO: HONORABLE MAYOR AND CITY COUNCIL DATE: December 28, 2007 FROM : PUBLIC WORKS SUBJECT: RESOLUTION ACCEPTING THE SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM) PROJECT BY FLUIDIQS, INC. , CITY PROJECT NO. 79400 RECOMMENDATION: It is recommended that Council approve the attached resolution accepting the SCADA Project by Fluidiqs, Inc., formerly Control Manufacturing Company, in the amount of $1 ,625,782. BACKGROUND: SCADA is a computerized data collection and integration system composed of remote control stations which collect and transmit operational data on City facilities by radio communication to a central control station . The SCADA system provides a central control to remotely operate and monitor the functions of pump station facilities, backup generators, tanks, reservoirs, flow meters, pressure reducing stations for the water, sewer and storm drain systems. On December 10, 2002, the Council awarded a construction contract for the SCADA Project to Control Manufacturing Company in the amount of $973,336 for integrating nineteen remote stations, central control and programming. Subsequently, the Council approved two separate contract amendments to add eleven additional remote stations in the amount of $499,943. The total contract amount approved by Council is $ 1 ,473,279. The work included furnishing and installing all equipment, materials, labor, startup and training, necessary to install, complete in place, a "state of the art" SCADA system. The project will result in an improved and more efficient maintenance operation and emergency response to the water, sewer and storm drain system facilities. In addition , the system provides the capability to historically record, trend and anticipate system maintenance. S:\A Public Works Directory\StaffReports\79400Staff ReportSCADA Rev IDecOTdoc DISCUSSION: The project has been completed satisfactorily in compliance with the plans and specifications. The final construction cost is $1,625,782 which includes $152,503 (10.4%) of change order work. The change order work consisted of additional pump controls, instrumentation, wastewater treatment facility interface controls, generator controls, enclosure modifications, San Francisco Water Department turnout controls, additional programming and training. BUDGET IMPACT: The following are estimated final project costs: Construction including Change Orders $1,625,782 Construction inspection project management and testing $ 180,000 Total Project Cost $1,805,782 The project was funded by Water enterprise funds (54%), Sewer Enterprise funds (31%) and General funds (15%). EXHIBITS: Resolution, Final Progress Payment c: City Clerk, Fluidiqs, inc. (21171 4�" Eos Doug Bell Sr, Engineer SAA Public Works Directory\Staff Reports\79400 Staff ReportSCADA Rev 1 Dec07.doc RESOLUTION NO. - ACCEPTING IMPROVEMENTS - SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM)PROJECT BY FLUIDIQS, INC. CITY PROJECT NO. 79400 RESOLVED by the CITY COUNCIL of the City of Burlingame,California,and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by FLUIDIQS, INC., under the terms of its contract with the City dated December 10,2002, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 79400. 3. Said work be and the same hereby is accepted. Mayor I,DORIS MORTENSEN,City Clerk ofthe 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 , 2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk SAA Public Works Directory\Author,By Name\Joanne Louie\RESOLUTION ACCEPTANCE.wpd Fluidiqs,Inc. CITY OF BURLINGAME DATE: 26-Dec-07 2650 Napa Valley Corporate Dr., FINAL PROGRESS PAYMENT For the month: December 07 Napa,CA 94558 SCADA Integration Project City PO#: 13125, 13450, 13659 707-258-84001258-8465 fax CMC Job#2926 City Project#79400 UNIT BID UNIT BID QUANTITY % AMOUNT PREVIOUSLY AMOUNT ITEM DESCRIPTION PRICE QTY SIZE AMOUNT TO DATE PAID TO DATE PAID 11 THIS PAYMENT Contract Bid Items 1 Phase 1 Contract $ 35,006.00 1 LS $ 973,336.00 1.00 100.0% $ 973,336.00 $ 973,336.00 $ - 2 Phase 2 Contract $ 54,443.00 1 LS $ 234,836.00 1.00 100.0% $ 234,836.00 $ 234,836.00 $ - 3 Phase 3 Contract $ 55,504.00 1 LS $ 265,107.00 1.00 100.0% $ 265,107.00 $ 265,107.00 $ - Total Original Contract $1,473,279.00 100.00% $ 1,473,279.00 $1,473,279.00 $ Total Change Orders $0.00 100.00% $152,503.00 $118,784.00 $33,719.00 Total Contract(Orig.+CCOs) $1,473,279.00 110.35% $1,625,782.00 $1,592,063.00 $33,719.00 TOTAL ORIGINAL CONTRACT $1,473,279.00 $1,473,279.00 $1,473,279.00 $0.00 TOTAL CHANGE ORDERS $0.001 $152,503.00 $118,784.00 $13,719.00 CONTRACT TOTAL(Original Contract+Change Orders) $1,473,279.00 $1,625,782.00 $1,592,063.00 $33,719.00 LESS 0%RETENTION 0% $0.00 $0.00 $0.00 $0.00 SUBTOTAL WITHOUT DEDUCTIONS $1,473,279.00 $1,625,782.00 $1,592,063.00 $33,719.00 AMOUNT DUE FROM CONTRACTOR $0.00 $0.00 $0.00 TOTAL THIS PERIOD $1,473,279.00 $1,625,782.00 $1,592,063.00 $33,719.00 PREPARED BY: -Z 7107 CHECKED BY: APPROVED BY CITY ENGINEER: APPROVED BY CONSULTANT: CHARGED TO FUND ACCOUNT: 320,326,327 -79400-210 CITY OF BURLINGAME SCADA Integration Project SUB NAME&ADRESS CMC Job#2926 0 FINAL PROGRESS PAYMENT 26-Dec-07 TO DATE PRIOR CURRENT ITEM DESCRIPTION QTY UOM TOTAL QTY AMOUNT 1 AMOUNT 1 AMOUNT A�� CITY oZ STAFF REPORT AGENDA ITEM# 9h BURUNGAME Burlingame Public Library MEETING DATE: 1/7/08 January 2, 2008 TO: Honorable Mayor and City Council SUBMITTED BY FROM: Alfred Escoffier, City Librarian APPROVED BY: !� SUBJECT: Request to Attend Out of State Conference Recommendation: To approve attendance at out-of-state conference for Librarian Amy Pelman. Background: The mid-winter Conference of the American Library Association will be held in Philadelphia, Pennsylvania from January 11- January 13th. Librarian Amy Pelman is currently a member of the ALA's Young Adult Library Services Association (YALSA) programming committee. The main program will be "Partnerships Advocating for Teens." Amy will also be the library's representative to the Tutor.com Database program that provides an online tutor for Burlingame and Hillsborough students. Amy will also be hearing several teen authors speak about their works and attending the vendor exhibits. We are proud that Amy is serving in this national capacity to help direct library programming for teens. Amy is directly working with teens at Burlingame High School, as well as the other high schools in Burlingame and Hillsborough, helping bring them into the library to take advantage of our many resources and services and to get them involved in reading for pleasure. This is one age group where we often lose young people from reading for pleasure. Budget Impact: The total cost of registration, hotel and transportation costs will not exceed $ 1,200.00. Funds will not come from the general fund, but rather from the Trustees Special Fund. r7 POLICE DEPARTMENT BURLINGAME City of Burlingame Jack L.VanEtten Chief of Police November,2007 Honorable Mayor and Members of the City Council: I want to again thank the members of the City Council for their continued support and for approving the temporary over-hiring of police officer positions in anticipation of retirements in the next fiscal year.This should allow the police department the opportunity to have"street ready"officers available, maintain our staffing levels,and save overtime costs when our current officers retire. I've previously mentioned the police department routinely and continuously receives information from the public regarding a number of criminal,traffic and parking related matters.All of these matters are immediately addressed,prioritized(based on the safety of the community),and depending on staffing levels,handled in the most effective manner possible.When necessary,overtime is used and (or)additional outside resources are also brought into assist current staff with specific problems or unusual criminal activities.The police department anticipates returning motorcycle officers back into traffic to handle traffic and selective enforcement complaints by January,2008.Once again this year, the police department will pursue a motor officer grant through the state office of traffic safety in hopes of increasing our motorcycle traffic officers from two to three. I'm happy to report that our School Resource Officer has returned back to our schools.Two of our four new officers are now street ready and have been released from our Training Program.The remaining new officers will probably be ready to be released for solo field duty later in December. The police department continues in a"transitional stage"of moving from an older,more experienced department to a younger one.Two new officer trainees were hired and began the 6 month police academy in September. I swore in the new Police Commander, Edward Wood at the December 3, 2007 City Council meeting.The police department continues to test for police officers,parking enforcement officers and for communications dispatchers,as we anticipate additional openings in all of these areas due to retirements. Moving citations continue to be down from last year,but with officers recently receiving training with radar,citations have gradually increased for the month of November,2007.This has now been a consistent increase for the last 2 months in a row. Parking citation totals continue to show increases over last year during the same time period. I've also included the most recent selective traffic enforcement areas related to addressing traffic related complaints in our community that are routinely being monitored by our patrol officers.This information also includes the types of violations that are occurring.The police department is constantly monitoring the statistical information at all selective enforcement sites for future enforcement and reference.As mentioned,several officers have recently attended radar school and they will be assigned to selective speed enforcement(as needed in some 1111 Trousdale Drive-Post Office Box 551-Burlingame,California 94011-0551-(650)777-4100-Fax (650)697-8130 areas) to address speeding vehicle concerns by our residents. Citizen Speed Watch is about ready to begin and we are moving forward with the purchase of new portable radios and a repeater to enhance our communications for officers in the south portion of Burlingame. The police department continues to reach out and ask the public to help fund the purchase of additional police K-9's. The Burlingame community has contributed greatly and I'm proud to say that the police department will reach its goal to place additional K-9's back into the police department. The K-9's will help protect our community and our dedicated police officers, as well as provide tracking and drug detection. The police department completed a recent Neighborhood Watch presentation at the Recreation Center to better educate our community about ways to better protect themselves and their property. The information contained in the attached monthly police department report is displayed in both numbers and percentages. Remember that the percentages of certain crimes might've dramatically increased or decreased in percentage (compared to the previous month or year). When reviewing the police department report also consider the actual numbers of various crime categories in conjunction with the percentages. Even though the percentages may have increased or decreased, the actual number change may be slight or negligible. Feel free to contact me at anytime if you have any questions or concerns about the numbers or percentages. As always, I continue to be so proud of the dedication and sacrifices made by all of the employees of the police department. Our employees work tirelessly day and night (and place themselves in harm's way) to protect and serve the citizens in our great community. On behalf of all our employees, I thank you for your continued support of the Burlingame Police Department. Kindly feel free to contact me if you have any questions. Respectfully ack 2Van � tten Burlingame Police Department MEMORANDUM To: All Patrol Personnel From: Sgt. Williams Date: 12/14/2007 Subject: Selective Enforcement As time permits,please advise your teams to attempt selective enforcement in the listed areas: Location Violation Description Time of offense Date Reported Calif. Dr. 22350 VC Speeding Commute hours 12/13/07 El Camino 22350 VC Speeding All hours 10/31/07 (n/of Broadway) Crossway 22350 VC Speeding AM Commute 10/25/07 Douglas Ave. 22350 VC Speeding AM/PM Commute 10/11/07 Howard Ave. 22350 VC Speeding All hours 10/11/07 (East end) Howard(w/b)@ 22101(d)VC Turn required All hours 9/30/07 Cal. Carolan Ave. 22350 VC Speeding All hours 9/29/07 Davis Dr. 21950 VC yield to ped Morning 9/26/07 (1800 blk.) Carolan@North 22450 VC Stop sign School commute 9/17/07 Lane Toyon&Morre1122350 VC Speeding Morning 9/4/07 1400 Bellevue 22350 VC Speeding All hours 8/22/07 Hillside Dr. 22350 VC Speeding All hours 8/25/07 Howard/ECR 21950 VC yield to ped All hours 8/01/07 Blgm Ave. 21200 VC Bicycle viol. All hours 7/26/07 13.52.100 CO (riding on sidewalk) 12-11-07 SUMMARY OF PART ONE OFFENSES PAGE: 1 FOR: NOVEMBER, 2007 Prev Last Act Act YTD YTD Crime Classification.................... Current Year.. YTD... YTD... Change % Change Murder and Nonnegligent Manslaughter 0 0 1 0 1 Manslaughter by Negligence 0 0 0 0 0 Rape By Force 0 0 4 6 -2 -33.33 Attempt to Commit Forcible Rape 0 0 0 0 0 Robbery Firearm 0 0 8 5 3 60.00 Robbery Knife 0 0 3 2 1 50.00 Robbery Other Dangerous Weapon 0 0 2 2 0 0.00 Robbery Strong-Arm 0 1 8 19 -11 -57.89 Assault - Firearm 0 0 0 1 -1 -100.00 Assault - Knife 0 0 0 1 -1 -100.00 Assault - Other Dangerous Weapon 2 1 19 25 -6 -24.00 Assault - Hands,Fists,Feet 0 0 6 10 -4 -40.00 Assault - Other (Simple) 11 25 142 176 -34 -19.32 Burglary - Forcible Entry 4 4 44 59 -15 -25.42 Burglary - Unlawful Entry 6 2 63 79 -16 -20.25 Burglary - Attempted Forcible Entry 2 2 5 5 0 0.00 Larceny Pocket-Picking 0 0 0 0 0 Larceny Purse-Snatching 0 0 0 2 -2 -100.00 Larceny Shoplifting 1 3 30 40 -10 -25.00 Larceny From Motor Vehicle 31 14 219 230 -11 -4.78 Larceny Motor Veh Parts Accessories 12 9 125 115 10 8.70 Larceny Bicycles 4 3 22 22 0 0.00 Larceny From Building 6 9 68 113 -45 -39.82 Larceny From Any Coin-Op Machine 2 1 13 11 2 18.18 Larceny All Other 12 1 89 56 33 58.93 Motor Vehicle Theft Auto 1 4 76 70 6 8.57 Motor Vehicle Theft Bus 1 5 4 17 -13 -76.47 Motor Vehicle Theft Other 1 0 3 9 -6 -66.67 ------- ------ ------ ------ 96 84 954 1,075 96 84 954 1,075 2-11-07 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 1 + CITY REPORT FOR: NOVEMBER, 2007 Prev Last Act Act YTD YTD 'rime Classification.................... Current Year.. YTD. .. YTD... Change % Change .11 Other Offenses 27 26 347 371 -24 -6.47 .nimal Abuse 0 0 1 0 1 .nimal Nuisance 0 0 0 2 -2 -100.00 .rson 0 0 10 34 -24 -70.59 .ssists to Outside Agencies 0 0 0 0 0 Bicycle Violations 0 0 0 0 0 Bigamy 0 0 0 0 0 comb Offense 0 0 0 0 0 tomb Threat 0 0 1 0 1 3ribery 0 0 0 0 0 :heck Offenses 0 0 4 13 -9 -69.23 :hild Neglect/prot custody 9 3 77 51 26 50.98 1omputer Crime 0 0 0 0 0 :onspiracy 0 0 0 0 0 :redit Card Offenses 1 0 7 2 5 250.00 ;ruelty to Dependent Adult 0 0 0 2 -2 -100.00 :urfew and Loitering Laws 0 0 2 0 2 )eath Investigation 4 3 28 39 -11 -28.21 )isorderly Conduct 0 0 5 13 -8 -61.54 )river's License Violations 0 0 2 4 -2 -50.00 )riving Under the Influence 7 6 70 59 11 18.64 )rug Abuse Violations 0 2 47 34 13 38.24 )rug/Sex Registrants/Violations 0 0 0 3 -3 -100.00 )runkeness 4 7 60 72 -12 -16.67 Embezzlement 0 3 3 7 -4 -57.14 Escape 0 0 0 0 0 Extortion 0 0 1 0 1 False Police Reports 0 0 2 2 0 0.00 False Reports of Emergency 0 0 0 4 -4 -100.00 Fish and Game Violations 0 0 1 0 1 Forgery and Counterfeiting 2 2 30 35 -5 -14.29 Found Property 7 10 68 65 3 4.62 Fraud 1 1 23 21 2 9.52 'ambling 0 0 0 0 0 3arrassing Phone Calls 0 3 44 43 1 2.33 2-11-07 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 2 CITY REPORT FOR: NOVEMBER, 2007 Prev Last Act Act YTD YTD .rime Classification.................... Current Year. . YTD... YTD... Change % Change [it and Run Accidents 4 3 45 41 4 9.76 :mpersonation 2 1 10 5 5 100.00 :ncest 0 0 0 0 0 :ndecent Exposure 1 0 9 9 0 0.00 :ntimidating a Witness 0 0 0 0 0 ,idnapping 0 0 0 0 0 ,ewd Conduct 0 0 1 1 0 0.00 ,iquor Laws 0 0 1 3 -2 -66.67 ,ittering/Dumping 0 0 0 0 0 4arijuana Violations 2 3 30 21 9 42.86 4ental Health Cases 6 4 88 83 5 6.02 4issing Person 1 4 52 45 7 15.56 4issing Property 10 7 84 90 -6 -6.67 4unicipal Code Violations 6 9 84 73 11 15.07 4arcotics Sales/Manufacture 0 1 1 4 -3 -75.00 )ffenses Against Children 0 0 9 7 2 28.57 )ther Assaults 11 25 142 176 -34 -19.32 )ther Juvenile Offenses 4 1 15 3 12 400.00 )ther Police Service 1 2 28 43 -15 -34.88 Pandering for immoral purposes 0 0 0 0 0 Parole Violations 1 0 4 4 0 0.00 Perjury 0 0 0 0 0 Possession of Burglary Tools 0 0 0 0 0 Possession of drug paraphernalia 0 0 0 0 0 Possession of obscene literature;picture 0 0 0 0 0 Probation Violations 1 0 5 10 -5 -50.00 Prostitution and Commercial Vice 0 0 2 6 -4 -66.67 Prowling 0 0 3 8 -5 -62.50 Resisting Arrest 0 0 4 5 -1 -20.00 - Restraining Orders 1 0 2 1 1 100.00 Runaways (Under 18) 0 0 2 0 2 Sex Offenses 1 0 2 3 -1 -33.33 Sex Offenses against Children 0 0 1 2 -1 -50.00 Sodomy 0 0 0 0 0 Stalking 0 0 0 0 0 .2-11-07 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 3 CITY REPORT FOR: NOVEMBER, 2007 Prev Last Act Act YTD YTD :rime Classification.................... Current Year.. YTD... YTD... Change Is Change Statutory Rape 0 0 0 0 0 Stolen Property;Buying;Receiving;Possess 1 2 9 14 -5 -35.71 Suspended License 2 5 25 39 -14 -35.90 Pax Evasion 0 0 0 0 0 Perrorist Threats 1 0 10 5 5 100.00 Cowed Vehicle 32 31 382 348 34 9.77 Prespassing 2 3 12 12 0 0.00 Pruants/Incorrigible Juva 0 0 1 0 1 JS Mail Crimes 0 0 0 0 0 ✓agrancy 0 0 0 0 0 ✓andalism 19 20 207 251 -44 -17.53 ✓ehicle Code Violations 0 1 21 13 8 61.54 ✓iolation of Court Order 4 1 15 14 1 7.14 darrants - Felony 0 3 16 15 1 6.67 darrants - Misd 9 4 62 59 3 5.08 deapons;Carrying,Possessing 0 0 11 11 0 0.00 delfare Fraud 0 0 0 0 0 ------- ------ ------ ------ 184 196 2,228 2,300 184 196 2,228 2,300 12-11-07 MONTHLY SUMMARY OF CITATIONS PAGE : 1 CITY REPORT FOR: NOVEMBER, 2007 Prev Last Act Act Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD. . . Parking Citations 3440 2 , 501 42 , 251 33 , 624 Moving Citations 203 195 1 , 951 2 , 237 ------- ------ ------ ---- -- 3643 2 , 696 44 , 202 35 , 861 ------- ------ ------ ------ ------- ------ ------ ------ 3643 2 , 696 44 , 202 35, 861 BURLINGAME Officer Productivity. . . . generated on 12/11/2007 at 02 : 20 : 19 PM Reported On: All Officers Report Range : 11/01/2007 to 11/30/2007 Data Type Reported on: PARKING Valid % All Voids % All officer: ID: Cnt Valid Cnt Voids Valid ------------------------------------------------------------------------------------------------------------------------ ALVISO 355 736 22.36 22 40.00 97.10 DOTSON 509 937 28.47 10 18.18 98.94 FEITELBERG 508 834 25.34 13 23.64 98.47 GARRETT 501 177 5.38 6 10.91 96.72 SMITH 654 607 18.44 4 7.27 99.35 Total 3291 55 Page 1 of 1 Comcast Cable Comcast® P.O.Box 147 San Ramon,CA 94583 Office:925.973.7000 December 10, 2007 Fax:925.901.7015 mm.comcast.com Mr. Jesus Nava City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava: As you may already be aware, it is our goal at Comcast Cable to ensure that your office remains informed of the programming services and price plans we offer to our subscribers who reside in your community. As a courtesy to your office we are sending you this letter to inform you of a price adjustment to our Pay-Per-View movies. Effective December 11, 2007, the prices for some Pay-Per-View movie releases are changing. The price for On Demand and PPV "New Releases" will increase from $3.99 to $4.99 and the price for On Demand International Film Channel will increase from $5.99 to $6.99. Customers will be informed of the price adjustment via a message on their billing statement prior to December 11, 2007. If you should have any questions or concerns regarding the matter, please feel free to contact vour local Government Affairs Director, Lee-Ann Peling at (415) 715- 0549. Sincerely, jj Vl�'I Lit Giv ns-Russell Government Affairs Franchise Compliance Manager Bay Market Ccomicast Comcast Cable ® P.O.Box 5147 San Ramon,CA 94583 Office:925.973.7000 December 18, 2007 Fax:925.901,7015 www.comcast.com Mr. Jesus Nava City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava: As you may already be aware, it is our goal at Comcast to ensure that you office remains informed of the programming services we offer to our customers who reside in your community. In pursuit of attaining our goal we are sending you this letter as our notice of intention to adjust the current programming. Effective January 9, 2008 Comcast will add the KTVU-DTLAT channel to our channel lineup. The programming will be added to channels 187 and 622 on the Limited Basic level of service. KTVU is picking up LATV as a multicast channel—this means that our customers will be required to rent a Digital Control Terminal in order to view the programming. LATV is the nation's first Latino bilingual music and entertainment network distributed via digital multicast and is a pioneer in bicultural youth broadcasting. LATV has been on the air in the Los Angeles market since 2001. The network is ad-supported and offers original, exclusive and live programming featuring top performers in the Latin music world. Targeting the 12-34 year old Latino, LATV's programming bouquet offers a range of content that include multi- genre music, lifestyle and entertainment. Customers will be informed of the addition via a message on their Digital Control Terminal. If you should have any questions or concern regarding the matter please feel free to contact your local Government Attairs Director, Lee-Ann Peling at (415) 715-0549. Sincerely, Mitzi Givens-Russell Government Affairs Franchise Compliance Manager Bay Market