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Agenda Packet - CC - 2004.01.20
�: BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURLINGAME Regular Meeting - Tuesday, January 20, 2004 CITY HALL - 501 PRIMROSE ROAD k,RMJ5�0 BURLINGAME, CALIFORNIA 94010 Page 1 of 2 (650) 558-7200 CLOSED SESSION: 6:15 p.m., Conf. Room A a. Threatened Litigation (Government Code § 54956.9(b)(1),(3)(D): One matter b. Conference with Real Property Negotiators pursuant to Government Code § 54956.8 Proposed property exchange with Safeway involving 1450 Howard Avenue and City Parking Lots K and L Agency negotiators: Jim Nantell, Larry Anderson, George Bagdon; Negotiating parties: Safeway, Inc.; Under negotiation: Exchange of property C. Conference with Labor Negotiator pursuant to Government Code § 54957.6; City Negotiators: Jim Nantell, Bill Reilly, Bob Bell; Labor Organization: Local 2400 International Association of Fire Fighters 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES - Special joint meeting of December 8, 2003 with Approval Hillsborough City Council, regular meeting of January 5, 2004; special meeting of January 14, 2004 5. PRESENTATION None 6. PUBLIC HEARINGS The mayor may limit speakers to three minutes each a. Appeal of investigation fee for construction at 2739 Hearing/Action Martinez Drive b. Adopt Ordinance amending Chapter 25.76 and adding Hearing/Action Chapter 10.58 to clarify regulations regarding adult- oriented businesses C. Adoption of Ordinance to amend the zoning code to allow Hearing/Action certain arbors, clarify vehicle parking requirements and make signs provisions consistent d. Adopt Ordinance for the installation of an additional stop Hearing/Action sign at Howard Avenue and Humboldt Road 7. PUBLIC COMMENTS -At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits council from acting on any matter which is not on the agenda. It is the policy of council to refer such matters to staff for investigation and/or action. Speakers are requested to till 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. BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURLINGAME Regular Meeting - Tuesday, January 20, 2004 CITY HALL - 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010 Page 2 of 2 (650) 558-7200 8. STAFF REPORTS AND COMMUNICATIONS a. Consider appointment to Traffic, Safety and Parking Discuss Commission 9. CONSENT CALENDAR Approval a. Transmittal of 2003 Comprehensive Annual Financial Report (CAFR) b. Resolution authorizing an amendment to professional services agreement with the Culver Group for construction management services for the Burlingame Easton water main replacement project, Phase 1 added work C. Annual Approval of City of Burlingame Investment Policy for 2004 d. Amendments to conditions for amusement permit for Caribbean Gardens, 1306 Old Bayshore Highway e. Approve tentative agreement with the International Association of Fire Fighters (IAFF) on a combined MOU with the City of Burlingame and the Town of Hillsborough f. Warrants & Payroll, December, 2003 10. COUNCIL COMMITTEE REPORTS 11. OLD BUSINESS 12. NEW BUSINESS a. Processing Bayfront Specific Plan - next step 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning, January 12, 2004 b. Department Reports: Building; December, 2003; Finance, December, 2003; Police, December 2003 C. Emails regarding adoption of a military unit serving in Iraq through "Americans Supporting Americans" 14. ADJOURNMENT NOTICE:Any attendees wishing accommodations for disabilities,please contact the City Clerk at(650)558- 7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at�kww.burhngame.orr. Agendas and minutes are available at this site. NEXT MEETING— Saturday January 24, 2004 CITY AGENDA CLOSED �Q °� ITEM# SESSION BURLINGAME MTG. STAFF REPORT DATE 1/20/2004 �9sico� TO: Honorable Mayor and Council SUBMITTED BY DATE: January 13, 2004 APPROVE BY FROM: Larry E. Anderson, City Attorney SUBJECT: REPORT ON PROPOSED PROPERTY EXCHANGE WITH SAFEWAY STORES INC. INVOLVING 1450 HOWARD AVENUE AND PARKING LOTS K AND L RECOMMENDATION: Consider report and discuss in closed session at conclusion of meeting to instruct real property negotiators (City Manager, City Attorney, and Director of Public Works) regarding negotiations about the proposed exchange. DISCUSSION: On October 20, 1997,the Council indicated that it was willing to consider proposals from Safeway, Inc. for a land exchange involving 1450 Howard Avenue (the current Safeway store site) and Parking Lots K and L, and consented to Safeway filing an application involving City lands for consideration in the environmental/planning process. On August 12, 1998, Safeway filed an application for various land use approvals to remodel and expand the Safeway and Walgreens stores, involving reconfiguration of the properties. The Council discussed the proposed reconfiguration of the parcels in closed session on October 19, 1998, and directed staff to evaluate the proposal through appropriate appraisal and engineering study. The preliminary appraisal and engineering study on that previous proposal was brought to the Council in March 1999 in closed session. The Council further discussed this matter in closed session on December 3, 2001, June 17, 2002 and February 18, 2003. The purpose of this session is to update the Council. CITY C BURLJNGAME O 9$Marm�uN[b BURLINGAME CITY COUNCIL and HILLSBOROUGH CITY COUNCIL Unapproved Minutes Special Joint Closed Session of December 8, 2003 1. CALL TO ORDER A duly noticed special joint closed session of the Burlingame City Council and Hillsborough City Council was held on the above date in the Hillsborough Town Hall Council Chambers. Hillsborough Mayor D. Paul Regan called the meeting to order at 4:00 p.m. 2. ROLL CALL - HILLSBOROUGH MEMBERS PRESENT: Adams, Fannon, Mullooly, Kasten, Regan MEMBERS ABSENT: None STAFF PRESENT: Constantouros, Leroux, Milaneses 3. ROLL CALL - BURLINGAME MEMBERS PRESENT: Baylock, Coffey, Galligan,Nagel, O'Mahony MEMBERS ABSENT: None STAFF PRESENT: Bell, Reilly 4. PUBLIC COMMENTS There were no comments from the floor. Councils adjourned to closed session. 5. LABOR NEGOTIATIONS ON SHARED FIRE DEPARTMENT CONTRACT a. HR Director Bell discussed labor negotiations on shared fire department contract between the City of Burlingame and Town of Hillsborough and Local 2400 of the International Association of Fire Fighters. 6. ADJOURNMENT Mayor Regan adjourned the meeting at 5:25 p.m. Respectfully submitted, Ann T. Musso City Clerk 1 Burlingame City Council&Hillsborough City Council December 8,2003 Unapproved Minutes CITY BURLINGAME <o AnrEOJ uE b`9 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of January 5, 2004 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 O'Mahony called the meeting to order at 7:04 p.m., immediately following the Burlingame Financing Authority meeting. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by John Root. 3. ROLL CALL MEMBERS PRESENT: Baylock, Coffey, Galligan,Nagel, O'Mahony MEMBERS ABSENT: None 4. MINUTES The following corrections were requested for the minutes of the December 1, 2003 regular meeting: item 6b) s ld read, "seconded by Councilman Coffey". Item 11) should read, "Mayor O'Mahony called up for rP w the project located at 1348 Vancouver upon request of the Planning Commission Chairman, Joseph oujes' Vice Mayor Galligan made a motion to approve the corrected minutes of the December 1, 2003 regular meeting; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. The following addition was requested for the minutes of the December 2, 2003 special meeting: include the start time of the meeting, which was 4:30 p.m. Vice Mayor Galligan made a motion to approve the corrected minutes of the December 2, 2003 special meeting; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Vice Mayor Galligan made a motion to approve the minutes of the special meeting held on December 12, 2003; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. The following addition was requested for the minutes of the December 21, 2003 special meeting: to include the motion made for item 4a) to adopt the Resolution approving the renaming of the Burlingame Soccer Center to "Murray Field at Bayside Park". Vice Mayor Galligan made a motion to approve the amended minutes of the December 21, 2003 special meeting; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. At this time, CA Anderson advised that the Council provided direction in handling of the following litigations during the closed session held at 6:30 p.m.: 1 Burlingame City Council January 5,2004 Unapproved Minutes a. Threatened Litigation: Claim of John Heinbockel b. Pending Litigation: (i)Faziola vs. City of Burlingame, San Mateo Superior Court Case No. 417588 (ii) Jefferson-Martin Transmission Line, CPUC Case No. A02-09-043 5. PRESENTATION Jeff Joy, Director of Operations, Maintenance and Construction, Pacifica Gas &Electric, made a presentation to Council and the public regarding PG&E's ongoing effort to keep the City updated on work to improve service reliability in Burlingame. Sue Fuller, 2210 Poppy Drive,representative from B.U.L.B., `Burlingamers Unwilling to Live with Blackouts",presented a report on progress with PG&E during 2003. 6. PUBLIC HEARINGS a. APPEAL OF BEAUTIFICATION COMMISSION DECISION ON PROTECTED TREE AT 1537 WESTMOOR ROAD The owners of 1533 and 1537 Westmoor Road were not properly noticed regarding this public hearing, therefore, they requested Council agendize this item for a future council meeting. b. JANUARY REVIEW AND RENEWAL OF AMUSEMENT PERMITS FOR THE ALIBI CLUB, 266 LORTON AVENUE; DOLLARWISE/HOBBY UNLIMITED, 1205 BROADWAY; FANNY & ALEXANDER, 1108 BURLINGAME AVENUE/303-305 CALIFORNIA DRIVE; FANDORIN, 1492 BAYSHORE HIGHWAY; TOWLE'S CAFE, 1410 BURLINGAME AVENUE, LEFT AT ALBUOUEROUE, 1100 BURLINGAME AVENUE AND MATSUSONO, 1150 PALOMA AVENUE CA Anderson requested Council review existing amusement permits and renew for a six month period for the Alibi Club, Dollarwise/Hobby Unlimited, Fandorin Restaurant, Fanny&Alexander, Matsusono and Towle's Cafe, and to cancel the amusement permit for Left at Albuquerque as the establishment has closed. Mayor O'Mahony opened the public hearing. Jeffrey Weinberg spoke on behalf of Fanny&Alexander; the management would like to work with the police department before amending condition#16. Council concurred and requested this be agendized at a future meeting. There were no further comments from the floor and the hearing was closed. Vice Mayor Galligan made a motion to renew the amusement permits for the above establishments; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. C. ADOPTION OF ORDINANCE #1726 FOR INSTALLATION OF STOP SIGNS ON BELLEVUE AVENUE AT CITY HALL CIRCLE Senior Engineer Murturza recommended Council adopt Ordinance #1726 that will allow the installation of stop signs on Bellevue Avenue at City Hall Circle. 2 Burlingame City Council January 5,2004 Unapproved Minutes Mayor O'Mahony opened the public hearing. Mary Hunt, 725 Vernon Way, stated she fully supports the installation of the stop signs. There were no further comments from the floor and the hearing was closed. Councilwoman Baylock made a motion to adopt Ordinance #1726 for installation of stop signs on Bellevue Avenue at City Hall Circle; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested the CC Musso publish a summary of the proposed ordinance within 15 days of adoption. d. RESOLUTION #1-2004 AUTHORIZING SALE OF BONDS AND EXECUTION OF DOCUMENTS IN CONNECTION WITH SALE FD Nava requested Council hold a public hearing and approve Resolution#1-2004 authorizing the sale of bonds and execution of documents in connection with sale. Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Vice Mayor Galligan made a motion to adopt Resolution #1-2004 authorizing the sale of bonds and execution of documents in connection with sale; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS There were no public comments. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCTION OF ORDINANCE TO CHANGE FENCE REQUIREMENTS TO ADD ARBORS IN THE FRONT YARD, TO CLARIFY VEHICLE PARKING REQUIREMENTS AND TO MAKE SIGN PROVISIONS CONSISTENT CP Monroe referred to her staff report dated January 5, 2004 requesting Council set the public hearing and second reading of an ordinance to change the fence requirements establishing standards for arbors in the front yard, to clarify vehicle parking requirements and to make sign provisions consistent. Mayor O'Mahony requested the CC Musso read the title of the proposed ordinance. Councilman Coffey made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. Vice Mayor Galligan made a motion to introduce the proposed ordinance; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Musso publish a summary of the proposed ordinance at least five days before proposed adoption. d. INTRODUCE ORDINANCE AMENDING CHAPTER 25.76 AND ADDING CHAPTER 10.58 TO CLARIFY REGULATIONS REGARDING ADULT-ORIENTED BUSINESSES CA Anderson requested Council introduce a proposed ordinance that would clarify and strengthen the City's regulations regarding adult-oriented businesses. 3 Burlingame City Council January 5, 2004 Unapproved Minutes Mayor O'Mahony requested CC Musso read the title of the proposed ordinance. Councilman Coffey made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilman Coffey made a motion to introduce the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Musso publish a summary of the proposed ordinance at least five days before proposed adoption. 8. CONSENT CALENDAR Mayor O'Mahony removed item 9a) from the consent calendar for further discussion. Councilwoman Baylock made a motion to approve items 9b) to 9g); seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. b. RECOMMENDATION TO ADOPT 2004 CITY COUNCIL CALENDAR CC Musso recommended Council adopt the proposed 2004 City Council Calendar. C. RESOLUTIONS #2-2004 AND 3-2004 ACCEPTING TWO PUBLIC UTILITY EASEMENTS FOR WATER LINES FROM SISTERS OF MERCY AND MERCY HIGH SCHOOL, CITY PROJECT 8245 DPW Bagdon recommended Council adopt Resolution#2-2004 and 3-2004 accepting two public utility easements for water lines from Sisters of Mercy and Mercy High School. d. WARRANTS AND PAYROLL FD Nava requested approval for payment of Warrants #92345-92756 duly audited, in the amount of $2,098,315.55 (excluding library checks 92440-92475), Payroll checks #156374-156687 in the amount of $2,150,021.92, and various electronic funds transfers for the month of November, 2003. e. RESOLUTION #4-2004 AWARDING CONTRACT TO COMMUNITY PLAYGROUNDS, INC. TO PROVIDE PLAYGROUND RENOVATIONS TO THE CHILDREN'S PLAYGROUND AT WASHINGTON PARK DPR Schwartz requested Council approve Resolution#4-2004 awarding the subject work to Community Playgrounds, Inc., of Novato, California in the amount of$148,946.00. f. RESOLUTION #5-2004 APPROVING AMENDMENTS TO THE CABLE SYSTEM FRANCHISE AGREEMENT WITH RCN TELECOM SERVICES, INC. FD Nava requested Council adopt Resolution#5-2004 approving amendments to the cable system franchise agreement with RCN Telecom Services, Inc. 4 Burlingame City Council January 5,2004 Unapproved Minutes g. RESOLUTION #6-2004 APPROVING AGREEMENT WITH CALIFORNIA ARTISTS TO CONDUCT A PORTION OF ART IN THE PARK DPR Schwartz recommended Council adopt Resolution#6-2004 approving an agreement with California Artists to conduct a portion of Art in the Park. Mayor O'Mahony discussed some revisions on the Council Committee Assignments for 2004, item 9a). Councilwoman Baylock made a motion to approve items 9a; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE REPORTS AND ACTIVITIES Council reported on various committee meetings and activities they each attended on behalf of the City. 10. OLD BUSINESS CP Monroe requested Council reschedule the hearing for 1029 Balboa to March 1, 2004. DPR Schwartz gave an update on the leasing of the Greyhound building. 11. NEW BUSINESS A study session will be held on January 27th to discuss the Safeway EIR report so the planning staff and EIR consultant can discuss various aspects of the report. The public hearing will be held on the EIR and the project at the February 2, 2004 Council meeting. Mayor O'Mahony noted that there has been some concern expressed from other council members from other cities regarding the Progress Seminar that is held in Monterey each year. There has been an effort to recommend to the organizers that those meetings be held in San Mateo County. Noted a letter signed by Burlingame City Council members was sent to the Redwood City Chamber of Commerce requesting it be held in San Mateo County in future years. 12. ACKNOWLEDGMENTS a. Commission Minutes: Library, October 20 &November 18, 2003; Beautification Commission, December 8, 2003; Planning, December 8, 2003; Traffic, Safety & Parking, December 11, 2003; Parks & Recreation Committee of December 18, 2003 b. Department Reports: Building, November, 2003; Finance, November, 2003; Police, November, 2003 C. Letter from RCN concerning various product offerings and rate increase for some services. 5 Burlingame City Council January 5,2004 Unapproved Minutes 13. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 8:25 p.m. in memory of Tim Brosnan, Eileen McCarthy and Jim Murray. Respectfully submitted, Ann T. Musso City Clerk 6 Burlingame City Council January 5,2004 Unapproved Minutes CITY 0 BURLINGAME 9$FATED JYNE 6 BURLINGAME CITY COUNCIL Unapproved Minutes Special Meeting of January 14, 2004 1. CALL TO ORDER A duly noticed special meeting of the Burlingame City Council was held on the above date in Conference Room A. Mayor Rosalie O'Mahony called the meeting to order at 1:45 p.m. 2. ROLL CALL MEMBERS PRESENT: Baylock, Coffey, Galligan, Nagel, O'Mahony MEMBERS ABSENT: None 3. PUBLIC COMMENTS There were no comments from the floor. Council adjourned to closed session at 1:46 p.m. 4. CLOSED SESSION CA Anderson advised that the Council provided direction in handling of the following: a. Personnel Matter: One Item (Government Code 54957) 5. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 6:50 p.m. Respectfully submitted, Ann T. Musso City Clerk 1 Burlingame City Council January 14, 2004 Unapproved Minutes AGENDA BURLINGAME STAFF REPORT ITEM# 6a MTG. /20/04 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: DECEMBER 22, 2003 BY — APPROV FROM: CHIEF BUILDING OFFICIAL BY SUBJECT: APPEAL OF INVESTIGATION FEE - 2739 MARTINEZ DRIV RECOMMENDATION: It is recommended that the City Council consider the appeal of Nabil Faraj, property owner of 2739 Martinez Avenue for relief from the imposition of an investigation fee of$629 for the work commenced without obtaining building permits. BACKGROUND: The Uniform Administrative Code is adopted by the City to set standards for the review of plans, inspection of buildings and assessment of fees.Recognizing that work commenced without prior approval always results in a greater expenditure of staff time than projects which proceed through the normal process of reviews and inspections, the Code assesses an additional fee equal to twice the standard building permit fee.The Municipal Code provides that the application of the fee may be individually appealed to the City Council. DISCUSSION: In early October 2003, a resident brought complaint to staff's attention that an unpermitted work is being performed and appliances as well as fixtures were being brought into the subject property through the back door. An inspector was dispatched and discovered that building,electrical and plumbing work was in progress on an existing bathroom.The inspector placed a stop work notice on the property and directed the owner to submit plans and procure permits for the work. As a result, the property owner submitted plans, permits were issued for the work and fees, including the investigation fee of$629 were collected. Nabil Faraj, the property owner is appealing the investigation fee. It is requested that Council consider the appeal and direct the staff to let the fee stand,reduce it or refund it in full. BUDGET IMPACT: Minimal impact, since less than 10 permits per year are subject to an investigation fee. EXHIBIT: Exhibit A: Section 18.07.100, Burlingame Municipal Code Exhibit B: Section 304.5 Uniform Administrative Code Exhibit C: Fee Summary, 2739 Martinez Drive c: City Clerk, Mr. Nabil Faraj, City Attorney, Public Works Director, Chief of Building Official S:\A Public Works Directory\Staff Reports\2739martinerstf.wpd 18.07.100 Section 304.5 amended-Investigation fee. (a) The first sentence of Section 304.5.1 is amended to read as follows: 304.5.1 Investigation. Whenever construction or work for which a permit is required by this code, or any other code adopted or incorporated by reference as a part of this code, has been commenced without first obtaining a permit. . . (b)The third sentence of Section 304.5.2 is amended to read as follows: The minimum investigation fee shall be the same fee as set forth in Tables 3-A through 3-H or a minimum of$100.00, whichever is greater. Any person assessed such fee may an appeal with the city clerk within ten(10) days after written notice to such person of the assessment. A hearing upon such appeal shall thereafter be held by the city council; its decisions thereon shall be final. Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law. 303.1 304.6 ture or building service equipment have been submitted or ap- this code,the fee required shall be in accordance with the schedule proved, provided adequate information and detailed statements established by the legislative body. have been filed complying with all pertinent requirements of the technical codes.The holder of a partial permit shall proceed with- The determination value m valuation under any of the 1. 'Me Bions of these codes shall out assurance that the permit for the entire building,structure or all be made by the building official. The building service will be granted. value to be used in computing the building permit and building plan review fees shall be the total value of all construction work 303.2 Retention of Plans. One set of approved plans,specifica- for which the permit is issued as well as all finish work,painting, tions and computations shall be retained by the building official roofing,electrical,plumbing,heating,air-conditioning,elevators, for a period of not less than 90 days from the date of completion of fire-extinguishing systems and other permanent equipment. the work covered therein;and one set of approved plans and speci- fications shall be returned to the applicant and shall be kept on the 304.3 Plan Review Fees. When submittal documents are re- quired by Section 302.2,a plan review fee shall be paid at the time site of the building or work at all times during which the work au- thorized thereby is in progress. of submitting the submittal documents for plan review.Said plan review fee shall be 65 percent of the building permit fee as shown 303.3 Validity of Permit. The issuance of a permit or approval in Table 3-A. of plans,specifications and computations shall not be construed to be a permit for,or an approval of,any violation of any of the provi- The plan review fees for electrical,mechanical and plumbing sions of this code or the technical codes,or of any other ordinance Fork shall be equal to 25 percent of the total permit fee as set forth of the jurisdiction.Permits presuming to give authority to violate m Tables 3-B,3-C and 3-D. or cancel the provisions of this code or of other ordinances of the The plan review fee for grading work shall be as set forth in jurisdiction shall not be valid. Table 3-G. The issuance of a permit based on plans,specifications and oth- The plan review fees specified in this section are separate fees er data shall not prevent the building official from thereafter re- from the permit fees specified in Section 304.2-and are in addition quiring the correction of errors in said plans, specifications and to the permit fees. other data,or from preventing building operations being carried When submittal documents are incomplete or changed so as to on thereunder when in violation of these codes or of any other or- require additional plan review or when the project involves def- dinances of this jurisdiction. erred submittal items as defined in Section 302.4.2,an additional l 303.4 Expiration. Every permit issued by the building official Plan review fee shall be charged at the rate shown in Tables 3-A under the provisions of the technical codes shall expire by limita- through 3-G. tion and become null and void,if the building or work authorized 304.4 Expiration of Plan Review. Applications for which no by such permit is not commenced within 180 days from the date of permit is issued within 180 days following the date of application such permit,or if the building or work authorized by such permit is shall expire by limitation,and plans and other data submitted for suspended or abandoned at any time after the work is commenced review may thereafter be returned to the applicant or destroyed by t for a period of 180 days.Before such work can be recommenced,a the building official.The building official may extend the time for new permit shall be first obtained to do so,and the fee therefor action by the applicant for a period not exceeding 180 days on shall be one half the amount required for a new permit for such written request by the applicant showing that circumstances be- work,provided no changes have been made or will be made in the yond the control of the applicant have prevented action from being original plans and specifications for such work;and provided fur- taken. An application shall not be extended more than once. An ther that such suspension or abandonment has not exceeded one application shall not be extended if this code or any other pertinent year.In order to renew action on a permit after expiration,the per- laws or ordinances have been amended subsequent to the date of mittce shall pay a new full permit fee. application. In order to renew action on an application after expi- A permittee holding an unexpired permit may apply for an ex- ration,the applicant shall resubmit plans and pay a new plan re- tension of the time within which work may commence under that view if permit when the permittee is unable to commence work within the 304.5 Investigation Fees:Work without a Permit. time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permit- 304.5.1 Investigation. Whenever work for which a permit is re- tee for a period not exceeding 180 days upon written request by the quired by this code has been commenced without first obtaining a permittee showing that circumstances beyond the control of the permit,a special investigation shall be made before a permit may permittee have prevented action from being taken.Permits shall be issued for such work. not be extended more than once. 304.5.2 Fee. An investigation fee,in addition to the permit fee, 303.5 Suspension or Revocation. The building official may,in shall be collected whether or not a permit is then or subsequently writing,suspend or revoke a permit issued under the provisionsof issued.The investigation fee shall be equal to the amount of the e this code and the technical codes when the permit is issued in error permit fee required by this code.The minimum investigation fee or on the basis of incorrect information supplied,or in violation of shall be the same as the minimum fee set forth in Tables 3-A an ordinance or regulation or the provisions of these codes. through 3-H.The payment of such investigation fee shall not ex- empt an applicant from compliance with all other provisions of ei- SECTION 304—FEES ther this code or the technical codes nor from the penalty � prescribed by law. t t i 304.1 General. Fees shall be assessed in accordance with the 304.6 Fee Refunds. The building official may authorize refund- provisions of this section or shall be as set forth in the fee schedule ing of a fee paid hereunder which was erroneously paid or col- adopted by this jurisdiction. lected. ,f 304.2 Permit Fees. The fee for each permit shall be as set forth The building official may authorize refunding of not more than e in Tables 3-A through 3-H. Where a technical code has been 80 percent of the permit fee paid when no work has been done un- adopted by the jurisdiction for which no fee schedule is shown in der a permit issued in accordance with this code. 1 9 r fst" CITY OF BURLINGAME 2739 MARTINEZ DRIVE # PERMIT 2023461 4 Type of Permit : 434 ALTERATION - All Residential Bldgs (incl Decks - new/ Description of Work: BA RMDL STOPR WORK NOTICE. 2X PENALTY FEE PER DEPUTY BLDG OFICIAL. Type of Construction: VN Type V Non Rated Occuancy Group: R3 Dwelling/Lodging House/Congregate Residence for Use one: R1 Flood Zone: N New: No. Bedrooms Added: Add: No. of Stories : 1 Alter: X No. of Units: Repairs : Valuation: $15, 000 Demolish: Historic: N Total New Sq.Ft . : 0 Unreinforced Masonry: Schl Tax New Sq.Ft . : 0 Hillside Prmt Area: Y Lot Size_ Sq. ft : Bay front Devlopmnt Area: N Handicap Access Required: Prop Line Survey Date: ** F E E S U M M A R Y ** ITEM NAME CODE AMOUNT ITEM NAME CODE AMOUNT Building Permit 85 314 . 50 Elem School Tax 77 Electrical Permit 85 60 . 00 Energy PC Fee 74 Plumbing Permit 85 84 . 75 Access PC Fee 74 Mechanical Permit 85 39 . 00 Seismic Fee 75 1 . 50 Plan Check Fee 74 204 .42 Sewer Connect 97 . 00 Zoning PC/Sign Fee 84 Arborist PC Fee 59 . 00 Eng Plan Check Fee 91 Miscellaneous 85 629 . 00 Microfilm/Copy Fee 65 24 . 90 Miscellaneous 2 . 00 Bay Front Dev Fee 93 Meter Fee 80 Deposit Trust Amt 96 . 00 Recycle Dep 66 High School Tax 78 ** GRAND TOTAL: $1, 358 . 07 AMOUNT PAID: AMOUNT DUE: $1, 153 . 65 BURPACE2 CITY AGENDA 6b °� ITEM # BURL,NGAME MTG. STAFF REPORT F, 006 DATE 1 /20/2004 6N AT. J...6, TO: Honorable Mayor and Council SUBMITT BY DATE: January 13, 2004 APPROVED BY FROM: Larry E. Anderson, City Attorney SUBJECT: ADOPT ORDINANCE AMENDING CHAPTER 25.76 AND ADDING CHAPTER 10.58 TO CLARIFY REGULATIONS REGARDING ADULT-ORIENTED BUSINESSES RECOMMENDATION: Adopt proposed ordinance and direct City Clerk to publish a summary of the proposed ordinance within 15 days of adoption. DISCUSSION: On January 5, 2004, the City Council introduced a proposed ordinance to update and clarify the City's regulations governing adult-oriented (entertainment) businesses. Further reading was waived at that time, and a summary was published during the week of January 12. In 1990, the City adopted adult entertainment regulations in Chapter 25.76 to allow adult entertainment as a conditional use in the C-4 Zone, subject to certain limits on how close the businesses might be to each other and to churches, schools, and parks. Since that time, Federal and State courts have struggled to define what regulations that government can place on adult-oriented businesses. After a great deal of litigation, the limits seem fairly well-defined in a broad sense: — Each city has to allow adult entertainment businesses as a matter of right in a reasonable number of locations in the city. — Cities can impose content-neutral limits on how and when the businesses operate, so long as they go are reasonably needed to limit the activity for an important government purpose; these are the secondary effects that adult entertainment, such as depressed property values and criminal activity. — Cities can establish reasonable proximity limits from churches and locations where minors often go. — Cities cannot vest wide discretion in their officials to decide whether to allow a particular adult entertainment use; instead, approval or denial must be based on narrow, objective, and definite standards. — Permit applications must be reviewed and decided in an expeditious manner. Mayor and Council Re: Adopt Ordinance Amending Chapter 25.76 and Adding Chapter 10.58 to Clarify Regulations Regarding Adult-oriented Businesses January 13, 2004 Page 2 A key element to the adoption of regulations is the experience of other cities with adult entertainment, and the Police Department has reviewed extensive documentation regarding that issue. The City Council has also reviewed that documentation. The proposed ordinance revises the current City provisions to meet these requirements. It is generally consistent with those of other cities in the County. The ordinance converts adult-oriented businesses from a conditional use (subject to broad discretion by the Planning Commission) to a permitted use in the C-4 Zone. However, for the first time, applicants for such a business would be subject to close scrutiny under Chapter 10.58, and the proximity limitations of being 1,000 feet from another adult-oriented business, a church, a school, or a City athletic facility would remain. The existing ordinance includes parks in the proximity limits, but because much of the Bayfront has been developed as a park, this limit would probably not withstand a court challenge so it has been limited to City athletic fields. Bayside Park's athletic facilities sit between the two large areas of C-4 zoning on the Bayfront. If adult businesses elected to locate in the area and their density was maximized under the proximity limitations, there could be 4 such businesses north of Bayside Park and probably 6 east of Bayside Park. Of course,that would depend on location availability and costs controlled by the market. The proposed ordinance was reviewed at a public hearing by the Planning Commission at their January 12 meeting. No comments were made by the public and the Commission recommended approval of the ordinance. Attachment Proposed ordinance Distribution Chief of Police I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.76 AND ADDING CHAPTER 10.58 3 TO CLARIFY REGULATIONS REGARDING ADULT-ORIENTED BUSINESSES AND MAKING CONFORMING CHANGES TO TITLES 10 AND 25 4 5 The City Council of the City of Burlingame does ordain as follows: 6 7 Section 1. The City Council hereby finds the following: 8 A. In adopting this ordinance, the City Council takes legislative notice of the existence and 9 content of the following studies concerning the adverse secondary side effects of Adult-Oriented 10 Businesses in the following cities: Garden Grove,California(1991);Tucson,Arizona(1990);Seattle, 11 Washington(1989); Austin, Texas (1986); Oklahoma City, Oklahoma(1986); Indianapolis, Indiana 12 (1984); Houston,Texas(1983);Beaumont,Texas(1982);Minneapolis,Minnesota(1980);Phoenix, 13 Arizona(1979);Whittier,California(1978);Amarillo,Texas(1977);Cleveland,Ohio(1977);and Los 14 Angeles, California (1977). Prior to the adoption of this Ordinance, the City Council and City staff 15 reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic 16 effects on persons and properties immediately surrounding established Adult-Oriented Businesses. 17 These studies included those prepared by the cities ofAustin,Texas;Biloxi,Mississippi;Indianapolis, 18 Indiana;Garden Grove,California;Los Angeles,California; and Phoenix,Arizona.The City Council 19 finds that these studies are relevant to the problems addressed by the City in enacting this ordinance 20 to regulate the adverse secondary side effects of Adult-Oriented Businesses, and more specifically 21 finds that these studies provide convincing evidence that: 22 1. Adult-Oriented Businesses are linked to increases in the crime rates in those 23 areas in which they are located and in surrounding areas. 24 2. Both the proximity of Adult-Oriented Businesses to sensitive land uses and the 25 concentration of Adult-Oriented Businesses tend to result in the blighting and deterioration of 26 the areas in which they are located. 27 3. The proximity and concentration of Adult-Oriented Businesses adjacent to 28 residential, recreational, religious, educational and other Adult-Oriented Business uses can 1/20/2004 1 I cause families, residences, and other businesses to move elsewhere. 2 4. There is substantial evidence that an increase in crime tends to accompany, 3 concentrate around,and be aggravated by Adult-Oriented Businesses,including but not limited 4 to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and 5 violence against persons and property. The studies from other cities establish convincing 6 evidence that Adult-Oriented Businesses which are not regulated as to permissible locations 7 often have a deleterious effect on nearby businesses and residential areas,causing,among other 8 adverse secondary effects, an increase in crime and a decrease in property values. 9 B. The City Council believes the following statements are true, in part based upon its 10 understanding of the experiences of cities such as Austin,Texas; Biloxi,Mississippi; Garden Grove, 11 California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona: 12 1. Adult-Oriented Businesses should not be located in areas of the City which are 13 in the vicinity of religious institutions, city facilities, and schools; 14 2. The image of the City of Burlingame as a pleasant and attractive place to reside 15 will be adversely affected by the presence of Adult-Oriented Businesses in close proximity to 16 religious institutions, city athletic fields and facilities, and schools; 17 3. The location of Adult-Oriented Businesses on the main commercial 18 thoroughfares of the City would cause a loss of sensitivity to the adverse effect of pornography 19 upon children,established family relations,respect for marital relationship and for the sanctity 20 of marriage relations of others,and the concept of non-aggressive consensual sexual relations, 21 as well as increased vacancy rates in those commercial districts,thereby reducing the City's tax 22 base; 23 4. The City Council believes that allowing Adult-Oriented Businesses in the manner 24 provided herein is appropriate because such areas include ample accessible real estate that is 25 easily accessible by freeways, highways and roads; 26 5. Without the adoption of this Ordinance, Adult-Oriented Businesses might be 27 allowed to locate anywhere within the City by right,requiring no permit other than a business 28 license to operate, thereby subjecting the people of the City to the unmitigated secondary 1/20/2004 2 I effects shown to accompany unregulated and under-regulated Adult-Oriented Businesses; 2 6. A reasonable regulation of the location of Adult-Oriented Businesses protects the 3 image of the community and its property values and protects its residents from the adverse 4 secondary effects of such Adult-Oriented Businesses, while providing those who desire to 5 patronize Adult-Oriented Businesses an opportunity to do so in appropriate areas within the 6 City; 7 7. Regulations for Adult-Oriented Businesses should be developed to prevent 8 deterioration and/or degradation of the vitality of the community before the problem exists, 9 rather than waiting for a problem to be created; 10 8. Adult-Oriented Businesses should be regulated by zoning which separates such 11 land uses from other incompatible uses. 12 C. Based on the foregoing,the City Council of the City of Burlingame finds and determines 13 that special regulation of Adult-Oriented Businesses is necessary to ensure that their adverse secondary 14 side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the 15 areas in which they are located or surrounding areas. The need for such special regulations is based 16 upon the recognition that Adult-Oriented Businesses have serious objectionable operational 17 characteristics, particularly when several of them are concentrated under certain circumstances or 18 located in direct proximity to sensitive uses such as residences,schools,and churches,thereby having 19 a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to 20 prevent the concentration of Adult-Oriented Businesses and thereby prevent such adverse secondary 21 side effects. 22 D. The locational requirements established by this ordinance do not unreasonably restrict the 23 establishment or operation of constitutionally protected Adult-Oriented Businesses in the City,and a 24 sufficient reasonable number of appropriate locations for Adult-Oriented Businesses are provided by 25 this ordinance. The City Council takes note of the proliferation of adult material on the Internet and 26 its availability as an alternative avenue of communication.The City Council also considers and relies 27 on published decisions examining the proliferation of communications on the Internet. Reno v. 28 American Civil Liberties Union, 521 U.S. 844, 117 S. CT. 2329, 138 L. Ed.2d 874 (1997); 1/20/2004 3 I Anheuser-Busch v. Schmoke, 101 F.3d 325,329 (4'h Cir. 1996), cert. denied 520 U.S. 1204 (1997); 2 U.S. v.Hockings, 129 F.3d 1069(9th Cir. 1997);see also U.S. v. Thomas,74 F.3d 701 (6th Cir. 1996), 3 cert. denied 519 U.S. 820.The emergence of the Internet brings with it a virtually unlimited additional 4 source of Adult-Oriented sexual materials available to interested persons in every community with a 5 mere keystroke. An adult business no longer has to be "actually" physically located in a city to be 6 available in the community.The City Council also recognizes and relies on information regarding the 7 number of adult businesses in the following nearby municipalities: near Redwood City (2 adult 8 entertainment stores) San Mateo(2 adult entertainment stores). In addition,there are numerous adult 9 businesses in the City and County of San Francisco, approximately 15 miles away. 10 E. In developing this ordinance,the City Council has been mindful of legal principles relating 11 to regulation of Adult-Oriented Businesses and does not intend to suppress or infringe upon any 12 expressive activities protected by the First Amendments of the United States and California 13 Constitutions,but instead desires to enact reasonable time,place,and manner regulations that address 14 the adverse secondary effects ofAdult-Oriented Businesses.The City Council has considered decisions 15 of the United States Supreme Court regarding local regulation of Adult-Oriented Businesses and takes 16 legislative notice of the factual findings and legal conclusions in the numerous judicial decisions on 17 the regulation of Adult-Oriented Businesses, including but not limited to: Young v. American Mini 18 Theaters,Inc.,427 U.S. 50(1976)(Red. denied 429 U.S. 873);Renton v.Playtime Theaters,475 U.S. 19 41 (1986)(Red.denied 475 U.S. 1132);FW/PBS,Inc. v.Dallas,493 U.S.215(1990);Barnes v.Glenn 20 Theater, 501 U.S. 560 (1991); and City of Erie v. Pop's A.M. DBA "Kandyland"(2000) U.S., 120 21 S.Ct. 1382; United States Court of Appeals 9th Circuit decisions, including but not limited to: 22 Topanga Press, et al. v. City ofLos Angeles,989 F.2d 1524(1993);several California cases including 23 but not limited to: City of National City v. Wiener, 3 CalAth 832 (1993); People v. Superior Court 24 (Lucero)49 Cal.3d 14(1989);and City of Vallejo v.Adult Books, et al., 167 Ca1.App.3d 1169(1985); 25 and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 26 1255, Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on Adult 27 Entertainment(3rd Cir. 1993) 10 F.3d 123,International Eateries v.Broward County(11th Cir. 199 1) 28 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074. 1/20/2004 4 I F. The City Council finds that locational criteria alone do not adequately protect the health, 2 safety,and general welfare of the citizens of the City,and thus certain requirements with respect to the 3 ownership and operation of Adult-Oriented Businesses are in the public interest. In addition to the 4 findings and studies conducted in other cities regarding increases in crime rates,decreases in property 5 values and the blighting of areas in which such businesses are located, the City Council also takes 6 legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (1986), 7 regarding how live adult entertainment results in secondary effects such as prostitution,drug dealing, 8 and other law enforcement problems. 9 G. The aforementioned studies show that sex-related offenses are included within the 10 category of secondary effects caused by unregulated or under-regulated Adult-Oriented Businesses. 11 H. The City Council believes that persons who have been convicted of sex-related offenses 12 have shown a propensity to commit such offenses and should not be permitted to operate 13 Adult-Oriented Businesses for five (5) years after such conviction. This is because the sexually 14 oriented nature of the business creates an increased opportunity for the commission of sex-related 15 offenses by persons who have exhibited a propensity for the commission of such offenses. 16 I. The City Council believes as true the documents and judicial decisions in the public record 17 established and submitted in conjunction with this Ordinance which demonstrate that various 18 operational practices of Adult-Oriented Businesses increase criminal activity,including but not limited 19 to sexually related criminal activity, and increase the likelihood of the transmission of diseases 20 including but not limited to sexually transmitted diseases such as gonorrhea,syphilis,herpes,acquired 21 immune deficiency syndrome ("AIDS") and hepatitis-B. 22 J. The City Council believes the following statements are true, in part, based upon its 23 understanding of the documents and judicial decisions in the public record established and submitted 24 with this Ordinance: 25 1. Evidence indicates that dancers, models, entertainers, and other persons who 26 publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts 27 (as these terms are defined in the Ordinance) in Adult-Oriented Businesses (collectively 28 referred to as "Performers") have been found to engage in sexual activities with patrons of 1/20/2004 5 I Adult-Oriented Businesses on the sites of the Adult-Oriented Businesses; 2 2. Evidence has demonstrated that Performers employed by Adult-Oriented 3 Businesses have been found to offer and provide private shows to patrons,who,for a price,are 4 permitted to observe and participate with the Performers in live sex shows; 5 3. Evidence indicates that Performers at Adult-Oriented Businesses have been 6 found to engage in acts of prostitution with patrons of the establishments; 7 4. Evidence indicates that fully enclosed booths,individual viewing areas, and other 8 small rooms whose interior cannot be seen from public areas of the establishment("Individual 9 Viewing Areas")regularly have been found to be used as a location for engaging in unlawful 10 sexual activity; 11 5. Individual Viewing Areas have been found to contain "glory holes" in the walls 12 joining abutting Individual Viewing Areas, which are used by customers to facilitate sexual 13 activity between the occupants of the abutting Individual Viewing Areas; 14 6. Individual Viewing Areas have been found to be unsanitary due to the existence 15 of semen, saliva, and blood on the walls and floors of the Individual Viewing Areas; 16 7. Medical science has found that the AIDS and hepatitis-B viruses are carried in the 17 semen of infected males and have a potential life span of 2 to 3 hours outside the human body; 18 8. The existence of semen on the walls and floors of the Individual Viewing Areas 19 can facilitate the transmission of the AIDS and hepatitis-B viruses; 20 9. The practice of individuals having anonymous and/or unprotected sexual relations 21 in Individual Viewing Areas can facilitate the transmission of the AIDS and hepatitis-B viruses 22 as well as other sexually transmitted diseases; 23 10.Poorly lit or unlit areas of Adult-Oriented Businesses provide a location for people 24 to engage in illegal sexual activities; 25 11. Police agencies have determined that some Adult-Oriented Businesses and the 26 operators thereof have been found to be directly engaged in(as well as aid and abet) criminal 27 and illegal sexual activities. Such individuals also have been known to use aliases; 28 12.Many jurisdictions have found that Adult-Oriented Businesses generate excessive 1/20/2004 6 I noise and disorderly conduct,particularly at the closing time of the Adult-Oriented Business, 2 which creates an adverse noise public safety impact on surrounding businesses and 3 communities; 4 13. Once approved,Adult-Oriented Businesses have altered the interior floor plans of 5 the business establishment in order to create areas that are not openly visible in order to 6 provide for areas where their performers and patrons can more readily engage in prohibited 7 physical sexual activity. In order to prevent this problem, it is necessary to prevent 8 Adult-Oriented Businesses from making alterations to their floor plans without the prior 9 approval of the City; and 10 14. Adult-Oriented Businesses have been found to regularly attempt to violate the 11 operational requirements imposed upon them for the purposes of reducing the pernicious 12 secondary effects such businesses cause. For this reason, frequent, unannounced inspections 13 of such businesses are necessary to ensure compliance with these operational requirements. 14 K. Zoning,licensing and other police power regulations are legitimate,reasonable means of 15 accountability to protect the quality of life in the community of Burlingame by attempting to assure 16 that all operators of Adult-Oriented Businesses comply with reasonable regulations and are located 17 in places that minimize the adverse secondary effects which naturally accompany the operation of such 18 businesses. 19 L. The City Council is concerned about the possible harmful effects on children and minors 20 exposed to the effects of such Adult-Oriented Businesses and the deterioration of respect for family 21 values, and the need and desire of children and minors to stay away from and avoid such businesses, 22 which can cause children to be fearful and cautious when walking through or visiting the immediate 23 neighborhood of such businesses; and the City Council desires to minimize and control the adverse 24 secondary side effects associated with the operation of Adult-Oriented Businesses and thereby protect 25 the health, safety, and welfare of the citizens of and visitors to the City; protect the citizens from 26 increased crime;preserve the quality of life;preserve property values and the character of surrounding 27 neighborhoods and businesses;deter the spread of urban blight and protect against the threat to health 28 from the spread of communicable and sexually transmitted diseases. 1/20/2004 7 I M. It is not the intent of the City Council in enacting this ordinance, or any provision thereof, 2 to condone or legitimize the distribution of obscene material,and the City notes that state law prohibits 3 the distribution of some obscene materials and expects and encourages law enforcement officials to 4 enforce state obscenity statutes against such illegal activities in the City. 5 N. Nothing in this ordinance is intended to authorize, legalize, or permit the establishment, 6 operation, or maintenance of any business,building, or use which violates any City ordinance or any 7 statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual 8 conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. 9 O. In prohibiting public nudity in Adult-Oriented Businesses, the City Council does not 10 intend to proscribe the communication of erotic messages or any other communicative element or 11 activity,but rather only to prohibit public nudity due to the secondary impacts associated with such 12 public nudity. 13 P. The City Council also finds,as a wholly independent basis,that it has a substantial public 14 interest in preserving societal order and morality, and that such interest is furthered by a prohibition 15 on public nudity. 16 Q. While the City Council desires to protect the rights conferred by the United States 17 Constitution to Adult-Oriented Businesses, it does so in a manner that ensures the continued and 18 orderly development of property within the City and diminishes,to the greatest extent feasible,those 19 undesirable secondary effects which the aforementioned studies have shown to be associated with the 20 development and operation of Adult-Oriented Businesses. 21 R. In enacting a nudity limitation, the City declares that the limitation is a regulatory 22 licensing provision and not a criminal offense. The City has not provided a criminal penalty for a 23 violation of the nudity limitation.The City adopts such a limitation only as a condition of issuance and 24 maintenance of an Adult-Oriented Business permit issued pursuant to its Municipal Code. 25 S. The City Council finds that preventing the exchange of money between performers and 26 patrons also reduces the likelihood of drug and sex transactions occurring in Adult-Oriented 27 Businesses. 28 T. Requiring separations between Performers and patrons reduces the likelihood that such 1/20/2004 8 I persons will negotiate narcotics sales and/or transact sexual favors within the Adult-Oriented Business. 2 U. The City Council finds that this Ordinance is a comprehensive content neutral zoning 3 ordinance regulating the time,place and manner of operation of Adult-Oriented Businesses pursuant 4 to Government Code Section 65850 sub. (g)(1) and Business and Professions Code Section 16000. 5 V. Enclosed or concealed booths and dimly-lit areas within Adult-Oriented Businesses 6 greatly increase the potential for misuse of the premises, including unlawful conduct of a type which 7 facilitates transmission of disease.Requirements that all indoor areas be open to view by management 8 at all times and that adequate lighting be provided are necessary in order to reduce the opportunity for, 9 and therefore the incidence of, illegal conduct within Adult-Oriented 10 Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement 11 personnel. 12 W. The proposed ordinance provisions are generally consistent with limitations in other 13 communities in the County of San Mateo and therefore would not constitute an undue burden in 14 compliance or understanding. 15 X. The ordinance allows adult-oriented businesses that meet the requirements of this 16 ordinance to locate in the C-4 zone as a permitted use, while at the current time, the zoning allows 17 such uses in the C-4 zone as a conditional use,which may no longer be upheld under State or Federal 18 caselaw. 19 Y. The City does not have any record of any existing adult-oriented businesses in the City 20 of Burlingame as of the date of adoption of this ordinance and therefore,this ordinance does not create 21 any non-conforming problems for any existing businesses or persons. 22 Z. This ordinance is intended to supersede but not nullify Chapters of the Municipal Code 23 as a comprehensive redrafting of the City's regulations regarding Adult-oriented Businesses. 24 25 26 27 H 28 1/20/2004 9 I Section 2. Chapter 25.76 is amended to read as follows: 2 Chapter 25.76 3 ADULT-ORIENTED BUSINESSES 4 25.76.010 Purpose. 25.76.020 Definitions. 5 25.76.030 Locational requirements. 25.76.040 Severability. 6 7 25.76.010 Purpose. 8 It is the intent of this chapter to prevent community-wide adverse economic impacts,increased 9 crime,decreased property values,and the deterioration of neighborhoods which can be brought about 10 by the concentration of adult-oriented businesses in close proximity to each other or proximity to other 11 incompatible uses such as schools for minors,churches,city athletic facilities,and residentially zoned 12 districts or uses. The city council finds that it has been demonstrated in various communities that the 13 concentration of adult-oriented businesses causes an increase in the number of transients in the area, 14 and an increase in crime,and in addition to the effects described above can cause other businesses and 15 residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and 16 uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity 17 to incompatible uses,while permitting the location of adult-oriented Businesses in certain areas. Over 18 the history of the city, the zoning regulations have allowed adult-oriented businesses under certain 19 conditions and in certain areas,and to the knowledge of the city,there are currently no existing adult- 20 oriented businesses in the city. 21 22 25.76.020 Definitions. 23 The following definitions apply to this chapter: 24 (a) Adult-Oriented Business or Businesses. "Adult-oriented business" or "adult-oriented 25 businesses"has the same meaning as defined in section 10.58.015 of this code and incorporating into 26 that term the definitions contained in that section. 27 (b) Church. "Church" is a structure that is used primarily for religious worship and related 28 religious activities. 1/20/2004 10 I (c) City athletic facility. "City athletic facility"means an athletic facility operated by or for 2 the city and that regularly attracts minors to participate in or witness athletic skills or competition. The 3 definition does not include a passive recreation area, such as open space, or a bicycle path or similar 4 trail or walking area. 5 (d) Establish. "Establish" means and includes any and all of the following: 6 (1) The opening or commencement,or re-opening or recommencement,of any adult-oriented 7 business as a new or restarted business; or 8 (2) The conversion of an existing business,whether or not an adult-oriented business, to any 9 adult-oriented business as defined in this section; or 10 (3) The addition of any of the adult-oriented businesses defined in this section to any other 11 existing adult-oriented business; or 12 (4) The relocation of any such adult-oriented business. 13 (e) School. "School" means any child or day care facility, or an institution of learning for 14 minors, whether public or private, offering instruction in those courses of study required by the 15 California Education Code and maintained pursuant to standards set by the State Board of Education. 16 This definition includes a nursery school, kindergarten, elementary school, middle or junior high 17 school,senior high school,or any special institution of education,but it does not include a vocational 18 or professional institution of higher education, including a community or junior college, college, or 19 university. 20 21 25.76.020 Locational requirements. 22 (a) No adult-oriented business shall be established or located in any zone in the city other than 23 the C-4 zone. 24 (b) Within the C-4 zone, an adult-oriented business shall not be established or located within 25 the following minimum distances: 26 (1) Within 1000 feet of any other adult-oriented business. 27 (2) Within 1000 feet of any then-existing church, school, or city athletic facility. 28 (c) The distances set forth above shall be measured as a radius from the primary entrance of 1/20/2004 11 I the adult-oriented business to the property lines of the property so used without regard to intervening 2 structures. 3 4 25.76.030 Severability. 5 If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter 6 or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court 7 of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining 8 portions of this chapter or any part thereof.The City Council hereby declares that it would have passed 9 each section,subsection,subdivision,paragraph,sentence,clause,or phrase thereof irrespective of the 10 fact that any one(1)or more subsections, subdivisions,paragraphs, sentences, clauses, or phrases be 11 declared unconstitutional, invalid, or ineffective. 12 13 Section 3. A new Chapter 10.58 is added as follows: 14 Chapter 10.58 15 ADULT-ORIENTED BUSINESSES 16 Article 1. General Provisions 17 10.58.010 Legislative purpose. 10.58.015 Definitions. 18 10.58.020. Permits required. 19 Article 2. Application and Permits 20 10.58.025 Adult-oriented business regulatory permit required. 10.58.030 Applications. 21 10.58.035 Investigation and action on application. 10.58.040 Permit denial. 22 10.58.042 Permit expiration and renewal. 10.58.045 Transfer of adult-oriented business regulatory permits. 23 10.58.050 Adult-oriented business performer permit process. 10.58.055 Investigation and action on application. 24 10.58.057 Expiration and renewal of performer permit. 10.58.060 Suspension or revocation of adult-oriented business regulatory permits and 25 adult-oriented business performer permits. 10.58.065 Appeal of denial, suspension, or revocation. 26 Article 3. Facilities and Employees 27 10.58.070 Adult-oriented business development and performance standards. 28 10.58.075 Register and permit number of employees. 1/20/2004 12 1 10.58.080 Display of permits and identification cards. 10.58.085 Employment of and services to persons under the age of eighteen(18)years prohibited. 2 Article 4. Miscellaneous Provisions 3 10.58.090 Inspection. 4 10.58.095 Regulations nonexclusive. 10.58.100 Employment of persons without permits unlawful. 5 10.58.105 Time limit for filing application for permit. 10.58.110. Severability. 6 7 Article 1. General Provisions 8 10.58.010 Legislative purpose. 9 It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the 10 health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter 11 have neither the purpose nor effect of imposing a limitation or restriction on the content of any 12 communicative materials,including adult-oriented materials. Similarly, it is not the intent nor effect 13 of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First 14 Amendment of either the State or Federal Constitution, or to deny access by the distributors and 15 exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect 16 of this chapter to condone or legitimize in any way the distribution of obscene material. 17 18 10.58.015 Definitions. 19 For the purpose of this chapter, the following words and phrases shall have the meanings 20 respectively ascribed to them by this section: 21 (a) Adult-oriented businesses."Adult-oriented businesses"or"Adult-oriented business"means 22 any one of the following, or combination thereof: 23 (i) Adult arcade. "Adult arcade" means an establishment where, for any form of 24 consideration,one or more still or motion picture projectors,or similar machines, for viewing 25 by five(5)or fewer persons each, are used to show films,computer generated images,motion 26 pictures,video cassettes,slides or other photographic reproductions thirty(30)percent or more 27 of the number of which are distinguished or characterized by an emphasis upon the depiction 28 or description of specified sexual activities or specified anatomical areas; or 1/20/2004 13 I (ii) Adult bookstore. "Adult bookstore" means an establishment that has thirty(30) 2 percent or more of its stock in books, magazines, periodicals or other printed matter, or of 3 photographs, films, motion pictures, video cassettes, slides, tapes, records, disks, or other 4 forms of visual or audio representations which are distinguished or characterized by an 5 emphasis upon the depiction or description of specified sexual activities and/or specified 6 anatomical areas; or 7 (iii) Adult cabaret. "Adult cabaret"means a nightclub,restaurant,or similar business 8 establishment that: 9 (A) Regularly features live performances which are distinguished or 10 characterized by an emphasis upon the display of specified anatomical areas or 11 specified sexual activities; or 12 (B) Regularly features persons who appear semi-nude; or 13 (C) Shows films,computer generated images,motion pictures,video cassettes, 14 slides,or other photographic or graphic reproductions thirty(3 0)percent or more of the 15 number of which are distinguished or characterized by an emphasis upon the depiction 16 or description of specified sexual activities or specified anatomical areas; or 17 (iv) Adult hotel/motel. "Adult hotel/motel"means a hotel or motel or similar business 18 establishment offering public accommodations for any form of consideration that: 19 (A) Provides patrons with closed-circuit television transmissions, films, 20 computer generated images, motion pictures, video cassettes, slides, or other 21 photographic reproductions thirty (30) percent or more of the number of which are 22 distinguished or characterized by an emphasis upon the depiction or description of 23 specified sexual activities or specified anatomical areas; and 24 (B) Rents, leases,or lets any room for less than a six (6)hour period, or rents, 25 leases, or lets any single room more than twice in a 24-hour period; or 26 (v) Adult motion picture theater. "Adult motion picture theater" means a business 27 establishment where for any form of consideration,films,computer generated images,motion 28 pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty 1/20/2004 14 1 (30)percent or more of the number of which are distinguished or characterized by an emphasis 2 upon the depiction or description of specified sexual activities or specified anatomical areas; 3 or 4 (vi) Adult theater. "Adult theater"means a theater,concert hall,auditorium,or similar 5 establishment that for any form of consideration, regularly features live performances which 6 are distinguished or characterized by an emphasis on the display of specified anatomical areas 7 or specified sexual activities; or 8 (vii) Modeling studio. "Modeling studio" means a business that provides, for 9 pecuniary compensation,monetary or other consideration,hire or reward,figure models who, 10 for the purposes of sexual stimulation of patrons, display"specified anatomical areas" to be 11 observed,sketched,photographed,painted, sculpted or otherwise depicted by persons paying 12 such consideration. "Modeling studio" does not include schools maintained pursuant to 13 standards set by the State Board of Education. "Modeling studio" further does not include a 14 studio or similar facility owned, operated, or maintained by an individual artist or group of 15 artists, and which does not provide,permit, or make available "specified sexual activities." 16 (b) Adult material. "Adult material" means books, magazines, periodicals, or other printed 17 matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, disks, or other 18 forms of visual or audio representations which are distinguished or characterized by an emphasis upon 19 the depiction or description of specified sexual activities and/or specified anatomical areas. 20 (c) Adult-oriented business operator or Operator. "Adult-oriented business operator" or 21 "Operator"means a person who supervises,manages, inspects,directs, organizes, controls or in any 22 other way is responsible for or in charge of the premises of an adult-oriented business or the conduct 23 or activities occurring on the premises thereof. 24 (d) Adult-oriented business performer or Performer. "Adult-oriented business performer"or 25 "Performer"means a person who,with or without compensation,publicly performs specified sexual 26 activities or publicly displays specified anatomical parts in adult-oriented businesses. 27 (e) Applicant. "Applicant"means a person who is required to file an application for a permit 28 under this chapter, including an individual owner, managing partner, officer of a corporation, or any 1/20/2004 15 I other operator, manager, employee, or agent of an Adult-Oriented Business. 2 (f) Bar. "Bar" means any commercial establishment licensed by the State Department of 3 Alcoholic Beverage Control to serve any alcoholic beverages on the premises. 4 (g) Chief of police. "Chief of police" means the chief of police of the city or the chief's 5 authorized representative. 6 (h) Distinguished or characterized by an emphasis upon. "Distinguished or characterized by 7 an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by 8 the phrase.For example,when the phrase refers to films that are"distinguished or characterized by an 9 emphasis upon" the depiction or description of specified sexual activities or specified anatomical 10 areas, the films so described are those whose dominant or predominant character and theme are the 11 depiction of the enumerated sexual activities or anatomical areas. 12 (i) Entertainer. "Entertainer"means any person who is an employee or independent contractor 13 of the adult-oriented business,or any person who,with or without any compensation or other form of 14 consideration, performs live entertainment for patrons of an adult-oriented business. The term 15 "entertainer" also includes all adult-oriented business performers. 16 0) Figure model. The term "figure model" means any person who, for pecuniary 17 compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, 18 painted, drawn, sculptured, photographed or otherwise depicted. 19 (k) Health officer. "Health officer" means the chief of police of the city or his or her duly 20 authorized representative. 21 (I) Nudity or a state of nudity. "Nudity"or a"state of nudity"means the showing of the human 22 male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing 23 of the female breast with less than a fully opaque covering of any part of the nipple, or the showing 24 of the covered male genitals in a discernible turgid state. 25 (m) Operate an adult-oriented business. "Operate an adult-oriented business" means the 26 supervising,managing,inspecting,directing,organizing,controlling or in any way being responsible 27 for or in charge of the conduct of activities of an adult-oriented business or activities within an 28 adult-oriented business. 1/20/2004 16 I (n) Person. "Person"means any individual,partnership,copartnership,firm,association,joint 2 stock company, corporation, or combination of the above in whatever form or character. 3 (o) Regularly features. "Regularly features" with respect to an adult theater, adult motion 4 picture theater, or adult cabaret means a regular and substantial course of conduct. The fact that live 5 performances which are distinguished or characterized by an emphasis upon the display of specified 6 anatomical areas or specified sexual activities occurs on two(2)or more occasions within a thirty(30) 7 day period; three(3) or more occasions within a sixty(60) day period; or four(4) or more occasions 8 within a one hundred and eighty(180) day period, shall to the extent permitted by law be deemed to 9 be a regular and substantial course of conduct. 10 (p) Semi-nude. "Semi-nude"means a state of dress in which clothing covers no more than the 11 genitals, pubic region,buttocks, areola of the female breast, as well as portions of the body covered 12 by supporting straps or devices. 13 (q) Specified anatomical areas. "Specified anatomical areas" means any of the following: 14 (i) Less than completely and opaquely covered human(A)genitals or pubic region;(B) 15 buttocks; or(C) female breast below a point immediately above the top of the areola; or 16 (ii) Human male genitals in a discernibly turgid state,even if completely and opaquely 17 covered; or 18 (iii) Any device,costume or covering that simulates any of the body parts included in 19 subsections (i) or(ii) above. 20 (r) Specified sexual activities. "Specified sexual activities" means any of the following, 21 whether performed directly or indirectly through clothing or other covering: 22 (i) The fondling or other erotic touching of human genitals, pubic region, buttocks, 23 anus, or female breast; or 24 (ii) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; 25 or 26 (iii) Masturbation, actual or simulated; or 27 (iv) Excretory functions as part of or in connection with any of the other activities 28 described in subdivisions (i), (ii), or(iii) of this subsection. 1/20/2004 17 1 10.58.020 Permits required. 2 (a) It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged 3 in, conducted or carried on, in or upon any premises in the city, the operation of an adult-oriented 4 business unless the person first obtains and continues to maintain in full force and effect an adult- 5 oriented business regulatory permit ("business permit") from the city as required by this chapter. 6 (b) It is unlawful for any person to engage in or participate in any live performance depicting 7 specified anatomical areas or involving specified sexual activities in an adult-oriented business unless 8 the person first obtains and continues in full force and effect an adult-oriented business performer 9 permit ("performer permit") from the city as required by this chapter. 10 11 Article 2. Application and Permits 12 10.58.025 Adult-oriented business regulatory permit application submittal. 13 Any person who proposes to maintain, operate, or conduct an adult-oriented business in the 14 city shall file an original and two (2) copies of an application with the chief of police upon a form 15 provided by the city and shall pay a filing fee,as established by resolution adopted by the city council 16 from time to time, which shall not be refundable. 17 18 10.58.030 Application contents. 19 (a) Adult-oriented business regulatory permits are nontransferable,except in accordance with 20 section 10.58.045. All applications shall include the following information: 21 (1) If the applicant is an individual,the individual shall state his or her legal name, including 22 any aliases, address, and submit satisfactory written proof that he or she is at least eighteen(18)years 23 of age. 24 (2) If the applicant is a partnership, the partners shall state the partnership's complete name, 25 address, the names of all partners,whether the partnership is general or limited, and attach a copy of 26 the partnership agreement, if any. 27 (3) If the applicant is a corporation,the corporation shall provide its complete name,the date 28 of its incorporation, evidence that the corporation is in good standing under the laws of its state of 1/20/2004 18 I incorporation,the names and capacity of all officers and directors,the name of the registered corporate 2 agent and the address of the registered office for service of process. 3 (b) If the applicant is an individual,he or she shall sign the application.If the applicant is other 4 than an individual, a duly authorized officer of the business entity or an individual with a ten (10) 5 percent or greater interest in the business entity shall sign the application. 6 (c) If the applicant intends to operate the adult-oriented business under a name other than that 7 of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show 8 proof of registration of the fictitious name. 9 (d) A description of the type of adult-oriented business for which the business permit is 10 requested and the proposed address where the adult-oriented business will operate,plus the names and 11 addresses of the owners and/or lessors of the adult-oriented Business site. 12 (e) The address to which notice of action on the application and all further notices regarding 13 the application or permit are to be mailed. 14 (f) The names of all employees,independent contractors,and other persons who will perform 15 at the adult-oriented business, who are required by section 10.58.020 to obtain an adult-oriented 16 business performer permit. 17 (g) A sketch or diagram showing the interior configuration of the premises, including a 18 statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need 19 not be professionally prepared, but must be drawn to a designated scale or drawn with marked 20 dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. 21 (h) A certificate and straight-line drawing prepared within thirty (30) days prior to the 22 application that depicts the geographic location of the adult-oriented business with the following: 23 (1) The building and the portion thereof to be occupied by the adult-oriented business; and 24 (2) The property lines of any other adult-oriented business within 300 feet of the primary 25 entrance of the adult-oriented business for which the business permit is being requested; and 26 (3) The property lines of any school, athletic field,residential zone, or use within 500 feet of 27 the primary entrance of the adult-oriented business for which the business permit is being requested. 28 (i) A diagram of the off-street parking areas and premises entries of the adult-oriented 1/20/2004 19 I business, including the location of the lighting systems required by section 10.58.070 below. 2 0) If the chief of police determines that the application is incomplete,the chief of police shall 3 promptly notify the applicant of such a fact and, on request of the applicant, grant the applicant an 4 extension of time of ten (10) days or less to complete the application properly. In addition, the 5 applicant may request an extension,not to exceed ten(10) days, of the time for the chief of police to 6 act on the application.The time period for granting or denying a business permit shall be stayed during 7 the period in which the applicant is granted an extension of time. 8 (k) The fact that an applicant possesses other types of federal, state, or city permits, licenses, 9 or other approvals does not exempt the applicant from the requirement of obtaining an adult-oriented 10 business regulatory permit under this chapter. 11 12 10.58.035 Investigation and action on application. 13 (a) Upon receipt of a completed application and payment of the application and permit fees, 14 the chief of police shall immediately stamp the application as received and promptly investigate the 15 information contained in the application to determine whether the applicant shall be issued an adult- 16 oriented business regulatory permit. 17 (b) Within thirty(30) days of receipt of the completed application, the chief of police shall 18 complete the investigation, grant or deny the application in accordance with the provisions of this 19 section, and so notify the applicant as follows: 20 (1) The chief of police shall write or stamp"Granted"or"Denied"on the application and date 21 and sign such notation. 22 (2) If the application is denied, the chief of police shall attach to the application a statement 23 of the reasons for denial. 24 (3) If the application is granted, the chief of police shall attach to the application an adult- 25 oriented business regulatory permit. 26 (4) The application as granted or denied and the business permit,if any,shall be placed in the 27 United States mail, first class postage prepaid, addressed to the applicant at the address stated in the 28 application. 1/20/2004 20 I (c) The chief of police shall grant the application and issue the adult-oriented business 2 regulatory permit if the chief finds: 3 (1) The proposed business meets the locational criteria of chapter 25.76; and 4 (2)The applicant has met all of the development and performance standards and requirements 5 of section 10.58.070 below; and 6 (3)The application is not otherwise denied pursuant to section 10.5 8.040 below.The permittee 7 shall post the business permit conspicuously in the adult-oriented business premises. 8 (d) If the chief of police grants the application or if the chief neither grants nor denies the 9 application within thirty (30) days after it is stamped as received (except as provided in section 10 10.58.030), the applicant may begin operating the adult-oriented business for which the business 11 permit was sought,subject to strict and continuous compliance with the development and performance 12 standards and requirements of this chapter. 13 14 10.58.040 Permit denial. 15 The chief of police shall deny the application if the chief finds any of the following: 16 (a) The building, structure, equipment, or location used by the business for which an adult- 17 oriented business regulatory permit is required does not comply with the requirements and standards 18 of the health, zoning, fire and safety laws of the city as set forth in this code, San Mateo County, or 19 the State of California; or 20 (b) The applicant or the applicant's employee,agent,partner,director,officer,shareholder or 21 manager has knowingly made any false, misleading or fraudulent statement of material fact in the 22 application for an adult business regulatory permit; or 23 (c) The applicant is under eighteen(18) years of age; or 24 (d) The required application fee has not been paid; or 25 (e) The adult-oriented business does not comply with the locational standards of chapter 25.76 26 of this code; or 27 (f) The adult-oriented business does not comply with the performance standards and 28 requirements of these regulations. 1/20/2004 21 1 2 10.58.042 Permit expiration and renewal. 3 (a) Each adult-oriented business regulatory permit shall expire one (1)year from the date of 4 issuance, and may be renewed only by filing with the chief of police a written request for renewal, 5 accompanied by the annual permit fee and a copy of the permit to be renewed. The written request 6 for renewal shall update all information contained in the original application, such as additional 7 performers. 8 (b) The request for renewal shall be made at least thirty(30) days before the expiration date 9 of the business permit.When made less than thirty(30)days before the expiration date,the expiration 10 of the business permit will not be stayed. 11 (c) Applications for renewal shall be acted on as provided herein for action upon applications 12 for permits. 13 14 10.58.045 Transfer of adult-oriented business regulatory permits. 15 (a) A permittee shall not operate an adult-oriented business under the authority of an adult- 16 oriented business regulatory permit at any place other than the address of the adult-oriented business 17 as stated in the permit approved by the chief of police. 18 (b) A permittee shall not transfer ownership or control of an adult-oriented business or transfer 19 an adult-oriented business regulatory permit to another person unless and until the transferee obtains 20 an amendment to the business permit from the chief of police stating that the transferee is now the 21 permittee. To apply for such an amendment,the permittee and the transferee shall file an application 22 for transfer in the form and containing the information described in section 10.58.030 above together 23 with the signature of the permittee and accompanied by a transfer fee in an amount set by resolution 24 of the city council. The amendment application shall be processed and reviewed by the chief of police 25 in accordance with sections 10.58.030 to 10.58.040 as if the transferee were apply for an original 26 business permit. 27 (c) No business permit may be transferred when the chief of police has notified the permittee 28 in writing that the permit has been suspended or revoked. 1/20/2004 22 I (d) Any attempt to transfer a permit either directly or indirectly in violation of this section is 2 hereby declared void, and the business permit shall be deemed revoked. 3 4 10.58.050 Adult-oriented business performer permit required. 5 (a) No person shall engage in or participate in any live performance depicting specified 6 anatomical areas or involving specified sexual activities in an adult-oriented business,without a valid 7 adult-oriented business performer permit ("performer permit") issued by the city. 8 (b) No operator shall employ or allow a performance at an adult-oriented business by any 9 person as a performer or entertainer who is required to obtain a performer permit under this chapter 10 unless that performer or entertainer has first obtained approval of a performer permit pursuant to this 11 chapter. 12 (c) Any person who has been issued an adult-oriented business regulatory permit pursuant to 13 this chapter shall promptly supplement the information provided as part of the application for the 14 adult-oriented business permit required by this chapter with the name of each performer required to 15 obtain a performer permit pursuant to this chapter within thirty (30) days of any change in the 16 information originally submitted. Failure to submit such changes within this time period shall be 17 grounds for suspension of the adult-oriented business regulatory permit,and if the failure is repeated, 18 shall be grounds for revocation of the permit. 19 20 10.58.050 Adult-oriented business performer permit process. 21 (a) Any person who wishes to be an adult-oriented business performer in the city shall file an 22 original and two(2)copies of an application with the chief of police upon a form provided by the city 23 and shall pay a filing fee, as established by resolution adopted by the city council from time to time, 24 which shall not be refundable. 25 (b) The completed application shall contain the following information and be accompanied 26 by the following documents: 27 (1) The applicant's legal name and any other names(including"stage names"and aliases)used 28 by the applicant; and 1/20/2004 23 1 (2) Age, date and place of birth; and 2 (3) Height,weight, hair and eye color; and 3 (4) Present residence address and telephone number; and 4 (5) Whether the applicant has ever been convicted of- 5 (i) Any of the offenses set forth in Sections 243.4, 266a, 266b, 266c, 266e, 266f, 6 266g, 266h, 2661, 266j, 267, 311.10, 311.11, 313.1, 314, 315, 316, 647(a), 647(b), 647(d), 7 653.22 and 653.23 of the California Penal Code as those sections now exist or may hereafter 8 be amended or renumbered; or 9 (ii) The equivalent of the aforesaid offenses outside the State of 10 California; and 11 (6) Whether such applicant is or has ever been licensed or registered as a prostitute, or 12 otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other 13 jurisdiction. If the applicant has ever been licensed or registered as a prostitute, or otherwise 14 authorized by the laws of any other state to engage in prostitution, a statement shall be submitted 15 giving the place of such registration, licensing or legal authorization, and the inclusive dates during 16 which such person was so licensed, registered, or authorized to engage in prostitution; and 17 (7) Driver's license number or other identification number; and 18 (8) Satisfactory written proof that the applicant is at least eighteen (18) years of age; and 19 (9) The applicant's fingerprints on a form provided by the Police Department, and a color 20 photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall 21 be paid by the applicant. 22 (c) If the chief of police determines that the application is incomplete,the chief of police shall 23 promptly notify the applicant of such a fact and, on request of the applicant, grant the applicant an 24 extension of time of ten (10) days or less to complete the application properly. In addition, the 25 applicant may request an extension, not to exceed ten(10)days, of the time for the chief of police to 26 act on the application.The time period for granting or denying a business permit shall be stayed during 27 the period in which the applicant is granted an extension of time. 28 (d) The fact that an applicant possesses other types of federal, state, or city permits, licenses, 1/20/2004 24 I or other approvals does not exempt the applicant from the requirement of obtaining an adult-oriented 2 business performer permit under this chapter. 3 4 10.58.055 Investigation and action on application. 5 (a) Within ten (10) days after receipt of the properly completed application for a performer 6 permit, the chief of police shall grant or deny the application and so notify the applicant as follows: 7 (1) The chief of police shall write or stamp "Granted"or"Denied"on the application and date 8 and sign such notation. 9 (2) If the application is denied, the chief of police shall attach to the application a statement 10 of the reasons for denial. 11 (3) If the application is granted, the chief of police shall attach to the application an 12 adult-oriented business performer permit. 13 (4) The application as granted or denied and the permit, if any, shall be placed in the United 14 States mail,first class postage prepaid,addressed to the applicant at the residence address stated in the 15 application. 16 (b) The chief of police shall grant the application and issue the performer permit unless the 17 application is denied for one or more of the reasons set forth in subsection (d)below. 18 (c) If the chief of police grants the application or if the Chief of police neither grants nor 19 denies the application within five(5)business days after it is stamped as received(except as provided 20 in section 10.58.050),the applicant may begin performing in the capacity at the business for which the 21 performer permit was sought. 22 (d) The chief of police shall deny the application if the chief finds any of the following: 23 (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a 24 material fact in the application for a permit or in any report or document required to be filed with the 25 application; or 26 (2) The applicant is under eighteen (18) years of age; or 27 (3) The performer permit is to be used for performing in a business prohibited by State, 28 County, or city law; or 1/20/2004 25 1 (4) The applicant has been registered or licensed in any state or country as a prostitute during 2 the last five (5) years; or 3 (5) The applicant has been convicted of any of the offenses enumerated in section 10.58.050 4 above or convicted of an offense outside the State of California that would have constituted any of the 5 described offenses if committed within the State of California. However, a performer permit may be 6 issued to any person convicted of the described crimes if the conviction occurred more than five (5) 7 years prior to the date of the application and the applicant has successfully completed all terms and 8 conditions of the offense's probation or parole and is no longer on probation or parole. 9 10 10.58.057 Expiration and renewal of performer permit. 11 (a) Each performer permit shall expire one (1) year from the date of issuance, and may be 12 renewed only by filing with the chief of police a written request for renewal, accompanied by the 13 annual permit fee and a copy of the permit to be renewed. The written request for renewal shall 14 update all information contained in the original application. 15 (b) The request for renewal shall be made at least thirty(30) days before the expiration date 16 of the performer permit.When made less than thirty(30)days before the expiration date,the expiration 17 of the performer permit will not be stayed. 18 (c) Applications for renewal shall be acted on as provided herein for action upon applications 19 for permits. 20 21 10.58.060 Suspension or revocation of adult-oriented business regulatory permits and adult- oriented business performed permits. 22 23 (a) An adult-oriented business regulatory permit or performer permit may be suspended or 24 revoked in accordance with the procedures and standards of this section. 25 (b) On determining that grounds for permit suspension or revocation exist,the chief of police 26 shall furnish written notice of the proposed suspension or revocation to the permittee.Such notice shall 27 set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, 28 the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice 1/20/2004 26 I shall be mailed, postage prepaid, addressed to the address of the permittee on file with the chief of 2 police,or shall be delivered to the permittee personally,at least ten(10)days prior to the hearing date. 3 Hearings shall be conducted in accordance with procedures established by the chief of police,but at 4 a minimum shall include the following: 5 (1) All parties involved shall have a right to offer testimonial, documentary, and tangible 6 evidence bearing on the issues;maybe represented by counsel;and shall have the right to confront and 7 cross-examine witnesses. 8 (2) Any relevant evidence may be admitted that is the sort of evidence upon which reasonable 9 persons are accustomed to rely in the conduct of serious affairs. 10 (3) Any hearing under this section may be continued for a reasonable time for the convenience 11 of a party or a witness as determined by the chief of police. 12 (c) A permittee may be subj ect to suspension or revocation of the permit,or be subj ect to other 13 appropriate regulatory action, for any of the following causes arising from the acts or omissions of a 14 business regulatory permittee,or an employee,agent,partner,director,stockholder,or manager of the 15 permittee business: 16 (1) The permittee has knowingly made any false, misleading or fraudulent statement of 17 material facts in the application for a permit,or in any report or record required to be filed with the city 18 or County of San Mateo; or 19 (2) The permittee,employee,agent,partner,director,stockholder,or manager of the permittee 20 adult-oriented business has knowingly allowed or permitted,and has failed to make a reasonable effort 21 to prevent the occurrence of any of the following on the premises of the adult-oriented Business, or 22 in the case of an adult-oriented business performer,the permittee has engaged in one of the activities 23 described below while on the premises of an adult-oriented business: 24 (A) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; or 25 (B) Use of the establishment as a place where unlawful solicitations for sexual intercourse, 26 sodomy, oral copulation, or masturbation openly occur; or 27 (C) Any conduct constituting a criminal offense which requires registration under Section 290 28 of the California Penal Code; or 1/20/2004 27 I (D) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct 2 constituting violations of Sections 315,316,or 318 or Subdivision b of Section 647 of the California 3 Penal Code; or 4 (E) Any act constituting a violation of provisions in the California Penal Code relating to 5 obscene matter or distribution of harmful matter to minors,including but not limited to Sections 311 6 through 313.4; or 7 (E) Any conduct prohibited by this chapter; or 8 (3) Failure to comply with any condition imposed on the permittee related to use of the 9 business permit or performer permit by government action whether under this chapter or another 10 provision of federal, state, county, or city law, ordinance, or regulation. 11 (d) After holding the hearing in accordance with the provisions of this section, if the chief of 12 police finds and determines that there are grounds for disciplinary action, the chief of police shall 13 impose one of the following as measured by the chief against the severity, longevity, and repetition 14 of the violations: 15 (1) A warning; or 16 (2) Imposition of conditions that directly relate to and correct the violations involved; or 17 (3) Suspension of the permit for a specified period not to exceed six (6) months; or 18 (4) Revocation of the permit. 19 The chief may combine a suspension with imposition of conditions as the chief may determine is 20 appropriate. The chief's decision is final unless timely appealed pursuant to section 10.58.065. 21 22 10.58.065 Appeal of denial, suspension or revocation. 23 (a) Upon denial of an application for an adult-oriented business regulatory permit or a 24 performer permit,or after denial of renewal of such a permit,or after suspension or revocation of such 25 a permit, the applicant or the permittee may seek review of this administrative action within fifteen 26 (15) days after notice thereof by filing with the city clerk a written notice of appeal. 27 (b) To be effective, the notice of appeal shall briefly state the grounds relied upon for appeal. 28 (c) The city clerk shall cause the matter to be set for hearing before the city manager within 1/20/2004 28 1 fifteen(15)days from the date of receipt of the notice of appeal,giving the appellant not less than five 2 (5) working days' notice in writing of the time and place of hearing. 3 (d)The hearing before the city manager shall be conducted in the same manner as the hearing 4 provide pursuant to section 10.58.060 above, and the city manager affirm, modify, or reverse the 5 decision of the chief of police. The findings and determination of the city manager made following 6 this hearing shall be final and conclusive. Within five (5) working days after the hearing, the city 7 manager shall give written notice of the manager's findings and decision. 8 (e) If the denial, suspension or revocation is affirmed on review, the applicant or permittee 9 may seek prompt judicial review of such administrative action pursuant to California Code of Civil 10 Procedure Section 1094.5. The city shall make all reasonable efforts to expedite judicial review if 11 sought by the applicant or permittee. 12 13 Article 3. Facilities and Employees. 14 10.58.070 Adult-oriented business development and performance standards. 15 The following provisions apply to all adult-oriented businesses unless otherwise specified,and 16 shall be deemed conditions of any approved adult-oriented business regulatory permit. Failure to 17 comply with these requirements shall be grounds for revocation of an adult-oriented business permit: 18 (a) Maximum occupancy load,fire exits,aisles and fire equipment shall be regulated,designed 19 and provided in accordance with the fire code and building regulations and standards adopted by the 20 city. 21 (b) No adult-oriented business shall be operated in any manner that permits the observation 22 of any material or activities depicting,describing or relating to specified sexual activities or specified 23 anatomical areas from any public way or from any location outside the building or area of such 24 establishment. This provision shall apply to any display, decoration, sign, show window, or other 25 opening.No exterior door or window on the premises shall be propped or kept open at any time while 26 the business is open, and any exterior windows shall be covered with opaque covering at all times. 27 (c) All off-street parking areas and premise entries of the adult-oriented business shall be 28 illuminated from dusk to closing hours of operation with a lighting system that provides an average 1/20/2004 29 I horizontal illumination of one (1) foot candle of light is maintained on the parking surface and 2 walkways. The required lighting level is established in order to provide sufficient illumination of the 3 parking areas and walkways serving the adult-oriented business for the personal safety of patrons and 4 employees and to reduce the incidence of vandalism and criminal conduct.The lighting shall be shown 5 on the required sketch or diagram of the premises. 6 (d) The premises within which the adult-oriented business is located shall provide sufficient 7 sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere 8 on any adjacent property or public right-of-way or within any other building or other separate unit 9 within the same building. 10 (e) Except for those businesses also regulated by the California Department of Alcoholic 11 Beverage Control, an adult-oriented Business shall be open for business only between the hours of 12 8:00 a.m. and midnight on any particular day. 13 (f) The building entrance to an adult-oriented business shall be clearly and legibly posted with 14 a notice indicating that persons under eighteen (18) years of age are precluded from entering the 15 premises. This notice shall be constructed and posted to the satisfaction of the chief of police or 16 designee.No person under the age of eighteen(18)years shall be permitted within the premises at any 17 time. The permittee may elect to restrict entry to persons of greater ages than eighteen (18) years, 18 particularly if other laws or regulations require such a restriction,and shall legibly post the restrictions 19 in accordance with this subsection. 20 (g) All indoor areas of the adult-oriented business within which patrons are permitted,except 21 rest rooms, shall be open to view by the management at all times. 22 (h) Any adult-oriented business that is also or includes an adult arcade,shall comply with the 23 following provisions: 24 (1) The interior of the premises shall be configured in such a manner that there is an 25 unobstructed view from a manager's station of every area of the premises to which any patron is 26 permitted access for anypurpose,excluding restrooms.Restrooms maynot contain video reproduction 27 equipment. If the premises has two or more manager's stations designated, then the interior of the 28 premises shall be configured in such a manner that there is an unobstructed view of each area of the 1/20/2004 30 I premises to which any patron is permitted access for any purpose from at least one of the manager's 2 stations. The view required in this subsection must be direct line of sight from the manager's station; 3 and 4 (2) The view area specified in this section shall remain unobstructed by any doors, walls, 5 merchandise, display racks, or other materials at all times. No patron is permitted access to any area 6 of the premises that has been designated as an area in which patrons will not be permitted; and 7 (3) No viewing room may be occupied by more than one person at any one time; and 8 (4) The walls or partitions between viewing rooms or booths shall be maintained in good 9 repair at all times,with no holes between any two such rooms such as would allow viewing from one 10 booth into another or such as to allow physical contact of any kind between the occupants of any two 11 such booths or rooms; and 12 (5) Customers,patrons, or visitors shall not be allowed to stand idly by in the vicinity of any 13 such video booths, or to remain in the common area of such business, other than the restrooms,who 14 are not actively engaged in shopping for or reviewing the products available on display for purchaser 15 viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths; 16 and 17 (6) The floors, seats,walls and other interior portions of all video booths shall be maintained 18 clean and free from waste and bodily secretions.Presence of human excrement,urine,semen or saliva 19 in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; 20 repeated instances of such conditions are grounds for suspension or revocation of the adult-oriented 21 business Permit. 22 (i) All interior areas of the adult-oriented business shall be illuminated at a 23 minimum of the following foot-candles,minimally maintained and evenly distributed at ground level: 24 Area Foot-Candles 25 Bookstores and other retail establishments 20 26 Theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles) 27 Arcades 10 28 1/20/2004 31 I Motels/Hotels 20 (in public areas) 2 Modeling studios 20 3 0) The adult-oriented business shall provide and maintain separate rest room facilities for male 4 patrons, customers, visitors, and employees and for female patrons, customers, visitors, and 5 employees. Male patrons, customers,visitors, and employees shall be prohibited from using the rest 6 rooms designated for females, and female patrons, customers, visitors, and employees shall be 7 prohibited from using the rest rooms for males,except to carry out duties of repair,maintenance, and 8 cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms 9 shall not contain television monitors or other motion picture or video projection, recording, or 10 reproduction equipment. The provisions of this subsection (k) shall not apply to an adult-oriented 11 business that exclusively sells or rents adult material that is not used or consumed on the premises, 12 such as an adult bookstore or adult video store, and that does not provide rest room facilities to its 13 patrons, customers, visitors, or the general public. 14 (k) The following additional requirements apply to adult-oriented businesses providing live 15 entertainment depicting specified anatomical areas or involving specified sexual activities. These 16 provisions are not intended to conflict but only to supplement regulations or conditions applied by the 17 State Alcohol Beverage Control Commission when such regulations or conditions are applied to the 18 business: 19 (1) No entertainer shall perform live entertainment for patrons of an adult-oriented business 20 except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a 21 distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be 22 permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. 23 (2) The adult-oriented business shall provide separate dressing room facilities for entertainers 24 that are exclusively dedicated to the entertainers'use. 25 (3) The adult-oriented business shall provide an entrance/exit for entertainers that is separated 26 by at least thirty(30) feet from the entrance/exit used by patrons. 27 (4) The adult-oriented business shall provide access for entertainers between the stage and the 28 dressing rooms which is completely and physically separated from the patrons.If such separate access 1/20/2004 32 I is not physically feasible,the adult-oriented business shall provide a minimum three(3)foot wide walk 2 aisle for entertainers between the dressing room area and the stage,with a railing,fence or other barrier 3 separating the patrons and the entertainers capable of and which actually results in preventing any 4 physical contact between patrons and entertainers. 5 (5) No entertainer,either before,during or after performances,shall have physical contact with 6 any patron and no patron shall have physical contact with any entertainer either before,during or after 7 performances by such entertainer. This subsection (5) shall only apply to physical contact on the 8 premises of the adult-oriented business. 9 (6) Fixed rails at least thirty (30) inches in height shall be maintained establishing the 10 separations between entertainers and patrons required by this subsection (0. 11 (7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall 12 solicit any pay or gratuity from any patron. 13 (8) No owner or other person with managerial control over an adult-oriented business shall 14 permit any person on the premises of the adult-oriented business to engage in a live showing of the 15 human male or female genitals,pubic area or buttocks with less than a fully opaque coverage, and/or 16 the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or 17 covered male genitals in a discernibly turgid state. This provision may not be complied with by 18 applying an opaque covering simulating the appearance of the specified anatomical part required to 19 be covered. 20 (0 Adult-oriented businesses shall employ security guards in order to maintain the public 21 peace and safety,based upon the following standards: 22 (1) Adult-oriented businesses featuring live entertainment shall provide at least one (1) 23 security guard at all times while the business is open. If the occupancy limit of the premises is greater 24 than twenty-five (25) persons, at least one (1) additional security guard shall be on duty for each 25 increment of twenty-five (25)persons. 26 (2) Security guards for other adult-oriented businesses may be required if it is determined by 27 the chief of police that their presence is necessary in order to prevent any of the conduct listed in this 28 section from occurring on the premises. 1/5/2004 33 1 (3) Security guards shall be charged with and expressly authorized to prevent violations of law 2 and enforce compliance by patrons,customers,and visitors of the requirements of this chapter and the 3 business permit. Security guards shall be uniformed in such a manner so as to be readily identifiable 4 as a security guard by the public and shall be duly licensed as a security guard as required by applicable 5 provisions of state law. Security guards shall promptly report any violation of law to the Burlingame 6 Police Department. No security guard required pursuant to this section shall act as a door person, 7 ticket seller,ticket taker,admittance person,or sole occupant of the manager's station while acting as 8 a security guard. 9 10 10.58.075 Register and permit number of employees. 11 Every permittee of an adult-oriented business that provides live entertainment depicting 12 specified anatomical areas or involving specified sexual activities shall maintain a register of all 13 persons so performing on the premises and their performer permit numbers. This register shall be 14 available for inspection on the business premises at all times during regular business hours by any 15 peace officer or the health officer. 16 17 10.58.080. Display of permit and identification cards. 18 (a) Every adult-oriented business shall display at all times during business hours,the business 19 permit issued to the business together with any conditions place on the permit pursuant to this chapter 20 in a conspicuous place so that the permit maybe readily seen by all persons upon entering the business. 21 (b) The chief of police shall provide each adult-oriented business performer required to have 22 a performer permit pursuant to this chapter with an identification card containing the name, address, 23 photograph and permit number of such performer. An adult-oriented business performer shall have 24 such card available for inspection by a peace officer or the health officer at all times during which the 25 person is on the premises of an adult-oriented business. 26 27 28 10.58.085 Employment of and services rendered to persons under the age of eighteen(18)years 1/5/2004 34 1 prohibited. 2 (a) It shall be unlawful for any permittee, operator, or other person in charge of any 3 adult-oriented business to employ or provide any service for which it requires such permit to any 4 person who is not at least eighteen (18) years of age. 5 (b) It shall be unlawful for any permittee, operator or other person in charge of any 6 adult-oriented business to permit any person who is not at least eighteen(18)years of age to enter or 7 remain within the adult-oriented business. 8 9 Article 4. Miscellaneous Provisions 10 10.5 8.090 Inspection. 11 An applicant or permittee shall permit representatives of the police department, health 12 department,fire department,planning department,or other city departments or state or county agencies 13 to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the 14 law and the development and performance standards applicable to adult-oriented business,at any time 15 it is occupied or opened for business. A person who operates an adult-oriented business or the 16 business's agent or employee is in violation of the provisions of this section if permission for such 17 lawful inspection of the premises is refused at any time it is occupied or open for business. 18 19 10.58.095 Regulations nonexclusive. 20 The provisions of this chapter are not intended to be exclusive and compliance with this 21 chapter shall not excuse noncompliance with any other regulations pertaining to the location, 22 operation,or conduct of businesses adopted by the city, County of San Mateo, State of California, or 23 United States. 24 25 10.58.100 Employment of persons without permits unlawful. 26 It is unlawful for any owner, operator, manager, permittee or other person in charge of or in 27 control of an adult-oriented business to allow any person to perform any live entertainment depicting 28 specified anatomical areas or involving specified sexual activities who is not in possession of a valid, 1/5/2004 35 I unrevoked and unsuspended adult-oriented business performer permit. 2 3 10.58.105 Time limit for filing application for permit. 4 All persons who possess an outstanding business license heretofore issued for the operation 5 of an adult-oriented business and all persons required by this chapter to obtain an adult-oriented 6 business performer permit, must apply for and obtain such a permit within ninety (90) days of the 7 effective date of this chapter. Failure to do so and continued operation of an adult-oriented business, 8 or the continued performances depicting specified anatomical areas or specified sexual activities in 9 an adult-oriented business after such time without a permit shall constitute a violation of this chapter. 10 11 10.58.110 Severability. 12 If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter 13 or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court 14 of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining 15 portions of this chapter or any part thereof.The city council hereby declares that it would have passed 16 each section,subsection,subdivision,paragraph,sentence,clause,or phrase thereof irrespective of the 17 fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be 18 declared unconstitutional, or invalid, or ineffective. 19 20 Section 4. A new subsection 10.60.060(c) is added to read as follows: 21 (c)An adult-oriented business operating in conformance with chapters 10.58 and 25.76 of this 22 code. 23 24 Section 5. Section 25.36.045 is amended to read as follows: 25 25.36.045 Prohibited uses. 26 Uses not listed as permitted or conditional in this district or any district subarea shall be 27 prohibited, including: 28 (a) Uses of any industrial nature, including, but not limited to junkyards and automobile 1/5/2004 36 I wrecking establishments; 2 (b) Massage,bathing or similar establishments; 3 (c) Adult-oriented businesses as defined in chapter 25.76; 4 (d) Psychic services. 5 (e) Warehouses for storage of furniture, household, personal, or other similar articles or 6 outdoor commercial storage. 7 8 Section 6. Section 25.38.035 is amended to read as follows: 9 25.38.035 Prohibited uses. 10 Uses not listed as permitted or conditional shall be prohibited including: 11 (a) Uses of any industrial nature, including, but not limited to junkyards and automobile 12 wrecking establishment; 13 (b) Massage,bathing or similar establishments; 14 (c) Adult-oriented businesses as defined in chapter 25.76; 15 (d) Psychic services; 16 (e) Warehouses for storage of furniture, household, personal, or other similar articles or 17 outdoor commercial storage, except automobile storage as allowed pursuant to this chapter. 18 19 Section 7. Section 25.41.020 is amended to read as follows: 20 25.41.020 Permitted uses. 21 The following uses are permitted in the waterfront commercial district: 22 (a) Commercial recreation uses such as,but not limited to,bowling alleys, ice rinks,marinas 23 and related boat sales and supplies,but expressly prohibiting outdoor motion picture theaters and golf 24 driving ranges;permitted uses may include the sale of merchandise and items which are related to the 25 principal use; 26 (b)Restaurants; 27 (c)Motels and hotels: facilities provided may include meal and beverage services,barber and 28 beauty shops,smoke shops,automobile rental desks to serve only hotel guests so long as the operation 1/5/2004 37 I does not use parking required for primary hotel use, convention and meeting facilities, and similar 2 services which are clearly incidental and accessory to provision of lodging accommodations; and no 3 more than one dwelling unit within the motel or hotel structure that is used exclusively by the owner 4 or manager of the motel or hotel; 5 (d) Clubs, associations, lodges and similar uses; 6 (e) Public recreation areas; 7 (f) Office uses; 8 (g) Travel agents; 9 (h)Adult-oriented businesses that meet all of the requirements of chapter 25.76 and 10.58 of 10 this code. 11 12 Section 8. Subsection 25.41.0250) is amended to read as "Psychic services."and subsection 13 25.41.025(1) is deleted. 14 15 Section 9. Section 25.42.030 is amended to read as follows: 16 25.42.030 Prohibited uses. 17 The following uses shall be prohibited in the mixed commercial-residential district: 18 (a) Retail food establishments and bakeries; 19 (b) Takeout and drive-in services; 20 (c) Offices; 21 (d) Auto sales; 22 (e) Massage,bathing, tanning or similar establishments; 23 (f) Adult-oriented businesses as defined in chapter 25.76. 24 25 Section 10. Section 25.43.040 is amended to read as follows: 26 25.43.040 Prohibited uses. 27 The following uses are prohibited: 28 (a) Automobile rental uses in office, office/warehouse or warehouse structures; 1/5/2004 38 I (b) Automobile sales lots; 2 (c) Automobile wrecking,junkyards,storage or baling of scraps,paper,rags, sacks or metals; 3 (d) Free standing food establishments on properties fronting Beach and Lang Roads; 4 (e) Gas stations and auto repair including auto body work; 5 (f) Public advertising billboards; 6 (g) Residential uses and buildings, except as permitted under section 25.43.030 (12); 7 (h) Roof signs; 8 (i) Adult-oriented businesses as defined in chapter 25.76 or massage, bathing or similar 9 establishments; 10 0) Any use determined to be obnoxious or offensive; 11 (k) Residential hotels; 12 (I) Psychic services. 13 14 Section 11. Section 25.44.040 is amended to read as follows: 15 25.44.040 Prohibited uses. 16 All uses not listed as permitted or conditional shall be prohibited, including: 17 (a) Adult entertainment business or massage, bathing, tanning or similar establishments; 18 (b) Automobile wrecking,junk yards,storage or baling of scraps,paper,rags,sacks or metals; 19 (c) Conference and exhibition facilities; 20 (d) Hotels and motels; 21 (e) Public advertising billboards; 22 (f) Living quarters and residential structures,except as provided in subsection 25.44.030(17); 23 (g) Outdoor storage or treatment of materials in required parking or in landscaping in the front 24 setback; 25 (h) Psychic services. 26 27 Section 12. California Environmental Quality Act finding. 28 The City Council finds that this ordinance is enacted in order to mitigate the threat posed to 1/5/2004 39 I the public peace,health,or safety by adult-oriented businesses. In this regard,the findings set forth in 2 Section 1 of this ordinance are incorporated herein by reference.This ordinance either provides for the 3 amendment of existing regulations applicable to adult-oriented businesses or, for the first time, 4 provides for zoning regulations which are specifically applicable to adult-oriented business uses.Such 5 uses are already allowed under the City's existing zoning regulations. Therefore, it can be seen with 6 certainty that there is no possibility that this ordinance would create any significant adverse 7 environmental impact under the California Environmental Quality Act,and therefore the adoption of 8 this ordinance is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA guidelines. 9 10 Section 13. Effective date. 11 This ordinance shall go into effect and be in full force and operation thirty(30) days after its 12 final passage and adoption. 13 14 Section 14. This ordinance shall be published according to law. 15 16 Mayor 17 18 I,ANN T.MUS SO,City Clerk of the City of Burlingame,do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 5`'' day of January, 19 2004, and adopted thereafter at a regular meeting of the City Council held on the day of , 2004,by the following vote: 20 AYES: COUNCILMEMBERS: 21 NOES: COUNCILMEMBERS: 22 ABSENT: COUNCILMEMBERS: 23 24 City Clerk 25 26 27 28 1/5/2004 40 CITY o� STAFF REPORT AGENDA BURLINGAME ITEM# 6c MTG. coq ®o DATE 1.20.04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: JANUARY 12, 2004 APPROVED FROM: CITY PLANNER BY SUBJECT: ADOPTION OF ORDINANCE TO AMEND THE ZON CODE TO ALLOW CERTAIN ARBORS, CLARIFY VEHICLE PARKING REQUIREMENTS AND MAKE SIGN PROVISIONS COSISTENT RECOMMENDATION: City Council should hold a public hearing and take action. Affirmative action should be to adopt the proposed ordinance. If the ordinance is adopted it becomes effective in thirty days, February 19, 2004. BACKGROUND: In order to streamline the processing of entry arbors in front yard fences the Planning Commission recommended to the City Council that modest arbors with 32 SF foot prints be allowed as permitted in the city's fence regulations. It was felt that such arbors were consistent with the City's residential design objectives and become a neighborhood amenity. As a part of this legislation there were two additional items added. The removal of duplicate signage regulations from the zoning code because the regulations also appear in the sign code (Chapter 22). It improves the consistency of administration of the zoning and sign codes if they do not over lap. The second item is a clarification of the language regarding the on site parking requirement. The new language states explicitly the intent of the parking requirements that the parking for any use is to be provided on the same site. This amendment does not represent a change in policy or requirement, simply a clarification of the intent of the code. The Council's staff report prepared for the introduction of the ordinance on January 5, 2004 is attached. This staff report with its attachments, provides the details on the suggested regulations and changes to existing regulations. City Council Study At Introduction the Council members asked if a variance would still be required for off site parking. Yes, currently an applicant may request a variance to put his required parking on another site. In such cases, the city usually requires that the properties be in the same ownership and linked together by legal agreement, so that the site being used for parking is kept as parking for as long as the developed property is in the use that required the parking. ATTACHMENTS: Ordinance of the City of Burlingame, Amending Title 25 to Expressly Allow Certain Arbors, to Clarify Vehicle Parking Requirements and to Make Sign Provisions Consistent. ADOPTION OF ORDINANCE TO AMEND THE ZONING CODE TO ALLOW CERTAIN ARBORS,CLARIFY VEHICLE PARKING REQUIREMENTS AND MAKE SIGN PROVISIONS COSISTENT January 20,2004 Staff Report, Introduction of Ordinance to Change Fence Requirements to Add Arbors in the Front Yard and to Clarify Vehicle Parking Requirements and to Make Sign Provisions Consistent, January 5, 2004, with attachments including Annotations of Amended Code Requirements. Notice of Public Hearing, published January 12, 2004 I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 25 TO EXPRESSLY ALLOW CERTAIN ARBORS, TO 3 CLARIFY VEHICLE PARKING REQUIREMENTS,AND TO MAKE SIGN PROVISIONS CONSISTENT 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. The use of arbors as design features in landscaping can improve the appearance 8 of neighborhoods. This ordinance will allow certain arbors without imposing floor area ratio 9 penalties. This ordinance is also intended to affirm that vehicle parking is to be provided on-site 10 unless a variance is granted. This ordinance also amends the Zoning Code to ensure consistency 11 with the Sign Code. 12 13 Section 2. A new Section 25.08.012 is added as follows: 14 25.08.012 Arbor. 15 "Arbor"means a free-standing structure that is substantially open to the passage of light and 16 air on the roof and all sides,and serves to roof a gate,driveway,or walkway. "Substantially open" 17 as used in this subsection means that the sides and roof of the arbor are at least sixty percent(60%) 18 open around any given point across each side and the roof. 19 20 Section 3. Section 25.28.065(a) is amended to read as follows: 21 (a) Arbors where the maximum roof area as measured exterior edge to exterior edge 22 cumulative on a property does not exceed thirty-two(32)square feet and the maximum height,as 23 measured from adjacent grade does not exceed nine (9) feet. Trellises where the maximum roof 24 area as measured exterior edge to exterior edge cumulative on a property does not exceed one 25 hundred (100) square feet and the maximum height, as measured from adjacent grade does not 26 exceed nine and one-half(9.5) feet. 27 28 1 I Section 4. Section 25.78.020 is amended to read as follows: 2 25.78.020 Height of fences in R districts. 3 (a) In any R district no fence or hedge which exceeds five feet in height, measured from 4 the average of the ground level at both sides of the fence, is permitted in that part of the lot which 5 is the front setback. However,one arbor that is no taller than nine(9)feet overall when measured 6 from adjacent grade, and no wider than eight (8) feet, and no deeper than four (4) feet may be 7 placed in the front setback. 8 (b) In any R district, fences seven (7) feet in height shall be permitted at side and rear 9 property lines,provided the last foot in height is of an open design freely allowing light and air to 10 pass through; all other fences in these locations shall not exceed six (6) feet in height. 11 12 Section 5. Section 25.28.020 is amended to read as follows: 13 25.28.020 Permitted uses. 14 The following uses are permitted in the R-1 districts: 15 (a) One building designed and used as a single-family dwelling; 16 (b) Public buildings, public parks and playgrounds; 17 (c) Accessory buildings, structures or uses including private garages, parking spaces, 18 greenhouses,lath houses,playhouses,sheds,swimming pools and accessory buildings to serve such 19 swimming pools, but not including group pools or swimming pool clubs; 20 (d) Home occupations as defined in this title; 21 (e) Letting of rooms, with or without meals, to not more than three (3)persons; 22 (f) Storage of any trailer provided that no trailer shall be stored or permitted to be stored 23 on that part of any lot or parcel of land upon which the construction of buildings is prohibited;and 24 provided further,that no person shall use or permit to be used any trailer for the purpose of sleeping 25 or as living quarters; 26 27 Section 6. Subsection 25.74.020(4) is amended to read as follows: 28 4. Conditional use permits for gasoline service stations may be granted if the proposed 2 I development plans are first approved as provided in sections 25.16.040 through 25.16.080, 2 inclusive,and upon showing that the development and maintenance of structures,fences,walls and 3 screening, drainage, landscaping, lighting, spaces for storage of waste products, appurtenant 4 equipment,vending machines and off-street parking,serve the interest of the business community 5 and the health, safety,peace, comfort and general welfare of the public; 6 7 Section 7. Section 25.70.010 is amended to read as follows: 8 25.70.010 Vehicle parking spaces to be provided. 9 (a) Parking required. At the time of erection of any building or structure, or at the time 10 any building or structure is enlarged or increased in capacity, there shall be provided off-street 11 parking spaces with adequate and proper provision for ingress and egress by standard size 12 automobiles. 13 (b) Parking with remodel or reconstruction. When any building is remodeled, 14 reconstructed or changed in use by the addition of dwelling units,gross floor area,seating capacity, 15 change in type of use or intensified use, such additional garage or parking facilities as may be 16 required must be provided. 17 (c) Minimum requirements. The regulations which follow are the minimum requirements 18 unless specific requirements are made for a particular use in a district. Additional spaces may be 19 provided. Unless otherwise expressly permitted by a section of this chapter,parking required by 20 this chapter is to be provided on the same lot as the use for which the parking is required. 21 22 Section 8. This ordinance shall be published as required by law. 23 24 Mayor 25 26 I,ANN T.MUSSO,City Clerk of the City of Burlingame,do hereby certify that the 27 foregoing ordinance was introduced at a regular meeting of the City Council held on the 5t'day of .r 28 January, 2004, and adopted thereafter at a regular meeting of the City Council held on the day 3 I of , 2004, by the following vote: 2 AYES: COUNCILMEMBERS: 3 NOES: COUNCILMEMBERS: 4 ABSENT: COUNCILMEMBERS: 5 City Clerk 6 C:\FILES\ORDINANC\zoningupdate2004.pin.wpd 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 CITYiA, STAFF REPORT sy.""ME AGENDA ITEM# MTG. DATE 1.05.04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE BY DATE: DECEMBER 19,2004 APPROVED ERoM: CITY PLANNER BY SUBJECT:INTRODUCTION OF ORDINANCE TO CHANGE FENCE REQUIREMENTS TO ADD ARBORS IN THE FRONT YARD AND TO CLARIFY VEHICLE PARKING REQUIREMENTS AND TO MAKE SIGN PROVISIONS CONSISTENT. Introduction: City Council should set the public hearing and second reading of an ordinance to change the fence requirements establishing standards for arbors in the front yard and to clarify vehicle parking requirements and to make sign provisions consistent (Chapter 25 of the Municipal Code). Staff would recommend that this item be set for public hearing at your meeting on January 20, 2004. Introduction requires the following council actions: A. Request City Clerk to read title of the proposed ordinance. _ B. Waive further reading of the ordinance. C. Introduce the proposed ordinance. D. Direct the city clerk to publish a summary of the ordinance at least five days before proposed adoption. Planning Commission Action At the Planning Commission meeting on December 8, 2003,the Commission held a public hearing on the proposed changes to the fence requirements to add arbors in the front yard, and to clarify vehicle parking requirements and to make sign provisions consistent. The commission voted 7-0 to recommend to the City Council approval of the changes to the zoning regulations. In their comments the Commissioners noted that these changes reduce the"red tape" for customers and the time that the commission would need to review these types of projects. Summary Recently a number of home owners have requested a variance for fence height in the front setback in order to install arbors at front yard fence openings. After public hearing the Commission granted each of these requests. Because these entrance arbors planted with vines and flowering plants are consistent with the neighborhood character in Burlingame, the Commission directed staff to see if there was some way in which modest, decorative arbors could be allowed within the current fence regulations. Tn the process of studying the "arbor" issue staff found two other issues in the zoning code which should be rected. The first is vestiges of signage regulations which remain in the zoning code (Chapter 25 of the Municipal Code) which were apparently not transferred to the sign code (Chapter 22 of the Municipal Code) INTRODUCTION OF ORDINANCE TO CHANGE FENCE REQUIREMENTS TO ADD ARBORS IN THE FRONT YARD AND TO CLARIFY VEHICLE PARKING REQUIREMENTS AND TO MAKE SIGN PROVISIONS CONSISTENT January 12,2004 when it was created in 1978. Second is a clarification of the intention of the zoning code regarding where parking for a new building or new use should be located e.g. on the site of the new structure or use. Summary of Proposed Changes to the Zoning Code ■ Arbors The proposed revisions to the code add a definition of arbor to Chapter 25. This definition clarifies the distinction between an "arbor" and a"trellis". A trellis is a roofed structure made with separated members and supported by posts and open on all sides. An arbor is a free standing structure which is open to the passage of light and air on all sides. An arbor is also distinguished as being built as an open lattice to support plant material. The footprint of an arbor which would be permitted without a variance is substantially smaller (32 SF)than the footprint of a trellis(up to 100 SF). The suggested code provisions allow in the front setback arbors with a 32 SF footprint and height of 9 feet or less without Planning Commission review. ■ Removal of References to Sign Regulation Three references to signage remained in the zoning code. Two were in the single family zoning regulations. One reference was to real estate signs and the second referred to church bulletin boards. The third reference to signs was in the chapter of the zoning code which includes regulations for automobile parking lots, sales lots and service stations. Sign regulations addressing all of these activities are currently included in Chapter 22 of the Municipal Code, Signage. Having regulations for signage in two places is both confusing and can lead to inconsistent code administration. ■ Location of Required Parking Chapter 70 of the Zoning regulations addresses parking requirements for all uses in the zoning code. CS 25.70.010 establishes the requirement that parking be provided based on the standards in Chapter 70 whenever a new building is built, enlarged or increased in capacity (use intensified). The provisions of this section are written to imply that the parking should be provided on the same site as the structure. In fact this code section has been interpreted that parking be on the same site the requirement was added to the zoning code (e.g. about 1941). However, the code section does not state explicitly that the required parking be provided on the same site as the building. The proposed change to this section is to make it explicit that the parking for a new structure, enlarged building or intensification of use in a building be provided on the SAME site. Attachments: Ordinance of the City of Burlingame Amending Title 25 to Expressly Allow Certain Arbors,to Clarify Vehicle Parking.Requirements, and to Make Sign Provisions Consistent. Planning Commission Minutes, December 8, 2003 Planning Commission Minutes,November 12, 2003 Planning Commission Staff Report,December 8, 2003 Zoning Code Amendment, Annotations: Amendment to Fence Requirements for Arbors, Removal of References to Signage in Zoning Code, and Clarification of Location of Parking I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 25 TO EXPRESSLY ALLOW CERTAIN ARBORS, TO 3 CLARIFY VEHICLE PARKING REQUIREMENTS,AND TO MAKE SIGN PROVISIONS CONSISTENT 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. The use of arbors as design features in landscaping can improve the appearance 8 of neighborhoods. This ordinance will allow certain arbors without imposing floor area ratio 9 penalties. This ordinance is also intended to affirm that vehicle parking is to be provided on-site 10 unless a variance is granted. This ordinance also amends the Zoning Code to ensure consistency 11 with the Sign Code. 12 13 Section 2. A new Section 25.08.012 is added as follows: 14 25.08.012 Arbor. �- 15 "Arbor"means a free-standing structure that is substantially open to the passage of light and 16 air on the roof and all sides,and serves to roof a gate,driveway,or walkway. "Substantially open" 17 as used in this subsection means that the sides and roof of the arbor are at least sixty percent(60%) 18 open around any given point across each side and the roof. 19 20 Section 3. Section 25.28.065(a)is amended to read as follows: �'���e �.2uax�mcu� ���.,aa��mesuLed ctenof,edge t©,externa edge 22 cuiriulat3e o � does nd#ex reed tw (3gttare`fet and the rnax�rnt lig as 23 rasom `does rist,exc �� Trellises where the maximum roof 24 area as measured exterior edge to exterior edge cumulative on a property does not exceed one 25 hundred (100) square feet and the maximum height, as measured from adjacent grade does not 26 exceed nine and one-half(9.5)feet. 27 28 1 I Section 4. Section 25.78.020 is amended to read as follows: 2 25.78.020 Height of fences in R districts. 3 -1-. (a) In any R district no fence or hedge which exceeds five feet in height,measured from 4 the average of the ground level at both sides of the fence,is permitted in that part of the lot which } 5 is the front setback H} �, �ta idol viei mcasiiied 6 l deg� ant sd� exe _ ._ fena lie 7 8 2-. (b) In any R district, fences seven feet in height shall be permitted at side and rear 9 property lines,provided the last foot in height is of an open design freely allowing light and air to 10 pass through; all other fences in these locations shall not exceed sixffeet in height. 11 12 Section 5. Section 25.28.020 is amended to read as follows: 13 25.28.020 Permitted uses. 14 The following uses are permitted in the R-1 districts: 15 +. (a) One building designed and used as a single-family dwelling; 16 2 (b) Public buildings,public parks and playgrounds; 17 3. (c) Accessory buildings, structures or uses including private garages,parking spaces, 18 greenhouses,lath houses,playhouses,sheds,swimming pools and accessory buildings to serve such 19 swimming pools,but not including group pools or swimming pool clubs; 20 �- (d) Home occupations as defined in this title; 21 5. (e) Letting of rooms,with or without meals,to not more than three(3)persons; 22 6. (f) Storage of any trailer provided that no trailer shall be stored or permitted to be stored 23 on that part of any lot or parcel of land upon which the construction of buildings is prohibited;and 24 provided further,that no person shall use or permit to be used any trailer for the purpose of sleeping 25 or as living quarters; 26 7. Real estate signs as regulated in Title 22 of this code-, 27 8. ehurch bulletin boards as an accessory use to pernfitted churches. 28 2 I Section 6. Subsection 25.74.020(4)is amended to read as follows: 2 4. Conditional use permits for gasoline service stations may be granted if the proposed 3 development plans are first approved as provided in sections 25.16.040 through 25.16.080, 4 inclusive,and upon showing that the development and maintenance of structures,fences,walls and 5 screening,drainage,landscaping,signrlighting,spaces for storage of waste products,appurtenant 6 equipment,vending machines and off-street parking,serve the interest of the business community 7 and the health, safety,peace, comfort and general welfare of the public; 8 9 Section 7. Section 25.70.010 is amended to read as follows: 10 25.70.010 AutomobileV- parking spaces to be provided. 11 -1-(a) Parking required. At the time of erection of any building or structure,or at the time 12 any building or structure is enlarged or increased in capacity, there shall be provided off-street 13 parking spaces with adequate and proper provision for ingress and egress by standard size 14 automobiles. 15 2-. (b) Parking with remodel or reconstruction. When any building is remodeled, 16 reconstructed or changed in use by the addition of dwelling units,gross floor area,seating capacity, 17 change in type of use or intensified use, such additional garage or parking facilities as may be 18 required must be provided. 19 3- (c) Minimum requirements. The regulations which follow are the minimum 20 requirements unless specific requirements are made for a particular use in a district. Additional 21 spaces maybe provided. expressly Peng 22 re this c3a vcoxac � pr1g,2s . ?_ ��_ - - a __j_��z_.�.. ilk V 23 r 24 25 Section 8. This ordinance shall be published as required by law. 26 27 28 Mayor 3 1 I,ANN T.MUSSO,City Clerk of the City of Burlingame,do hereby certify that the 2 foregoing ordinance was introduced at a regular meeting of the City Council held on the day 3 of ,2004,and adopted thereafter at a regular meeting of the City Council 4 held on the day of August,2004, by the following vote: 5 AYES: COUNCILMEMBERS: 6 NOES: COUNCILMEMBERS: 7 ABSENT: COUNCILMEMBERS: 8 City Clerk 9 C:IFILES\ORDINANC\wningupdate2004.pin.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 where possible,to a single termination and installed on the portions of the roof not visible from the street;and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 9) that the conditions of the City Engineer's November 24, 2003, memo and the Recycling Specialist's November 21,2003,memo shall be met; 10)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; 11)that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 12) that the project shall meet all the requirements of the California Building Code and California Fire Code,2001 edition, as amended by the City of Burlingame. The motion was seconded by C. Auran_ Chair Bojues called for a voice vote on the motion to approve. The motion passed on a 6-0-1 (C. Osterling abtained). Appeal procedures were advised. This item concluded at 7:40 p.m. C. Osterling returned to the dias. 4. PROPOSED CHANGES TO THE ZONING ORDINANCE REGARDING FENCES, TO ESTABLISH STANDARDS FOR ARBORS IN THE FRONT YARD AND A CLEAN UP OF SIGNAGE AND PARKING REGULATIONS. PROJECT PLANNER: MARGARET MONROE Reference staff report December 8, 2003, with attachments. CP Monroe presented the report, reviewed criteria and staff comments. Commissioner noted that on page 2 of the staff report there is a definition for "arbor", think it would be good to also have a definition for "trellis" as a comparison; CP noted that the definitions section of the zoning code currently defines "trellis", will be sure both are called to the City Council's attention. Chair Bojues opened the public hearing. Commission commended staff for preparing these changes so quickly,reduces the red tape for customers and also reduces Commission's time for review of these types of projects. There were no further comments and the public hearing was closed. C. Keighran moved to recommend that the proposed changes to the zoning ordinance be approved by the City Council. The motion was seconded by C. Visitca. Chair Bojues called for a voice vote on the motion to recommend approval of the change to the zoning ordinance by the City Council. The motion passed on a voice vote 7-0. This item concluded at 7:45 p.m. 5. 1420-1450 HOWARD AVENUE&249 PRIMROSE ROAD—ZONED C-1,SUBAREAS A&B AND R-3—TECHNICAL REVIEW OF AND COMMENTS TO CITY COUNCIL ON SUPPLEMENT NO. 2 TO THE RESPONSE TO COMMENTS DOCUMENT FOR THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE SAFEWAY PROJECT (RICHARD S. ZLATUNICH, APPLICANT AND SAFEWAY, INC., PROPERTY OWNER) (135 NOTICED)PROJECT PLANNER: MAUREEN BROOKS Reference staff report December 12,2003 with attachments. CP Monroe presented the report noting that the City Council's direction was for the Planning Commission to review Supplement 2 to the Response to Comments document and make individual comments on whether the responses adequately address the 5 City of Burlingame Planning Commission Minutes November 12, 2003 • Provide a larger diagram of the tenant's office space and note uses within it,seems very large for the number of people proposed,how will the area actually be used so that it would not accommodate 10 or 12 employees. Commissioners noted that this request was a substantial reduction in the number ofemployees working at this suite. They noted that this item could be brought back on the consent calendar for action when all the information requested has been provided and reviewed by Planning Staff. This item concluded at 7:35 p.m. 3. REVIEW OF PROPOSED CHANGES TO THE ZONING ORDINANCE REGARDING FENCES, TO ESTABLISH STANDARDS FOR ARBORS IN THE FRONT YARD AND A CLEAN UP OF SIGNAGE AND PARKING REGULATIONS. PROJECT PLANNER: MEG MONROE CP Monroe reviewed the staff report noting the proposed changes to the fence regulations for arbors, the clean up for signs and the clarification to the parking regulations. Planning Commissioners noted the following: • Should arbors on properties in the hillside area be required to get Hillside Area Construction Permits? In discussion it was noted that as proposed these arbors are small, open structures,probably do not have the same visual impact as a larger,roofed trellis structure. Also it might be confusing to require a permit review in some areas of the city and not in others. • How will the ordinance address protecting sight lines at corners? The sight line requirements for public safety in the Municipal Code over ride the zoning requirements, so this will not be an issue. Applicants may apply for a variance, but must meet the public safety standard first. • Three feet seems very shallow as a maximum depth for an arbor, should be changed to 4 feet, the maximum footprint should be increased correspondingly to 32 SF. If language is clarified for all parking to be required on the site where the structureluse is, can the commission require applicant's to provide offsite parking?Yes,the commission would need to grant a variance with the off-site location where the parking is to be provided linked by deed restriction to the property where the use requiring the parking is to be located. There were no further questions and the amendment to the zoning code was set for public hearing. Given noticing requirements this item was set for the December S,2003,agenda for action. This item concluded at 7:35 p.m. VII. ACTION ITEMS Consent Calendar -Items on the consent calendar are considered to be routine. They are acted on simultaneously unless separate discussion and/or action is requested by the applicant,a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. Chair Bojues noted that there are two items on the consent colander,and asked if anyone on the Commission or in the audience wanted to remove either. There were no requests, however C. Vistica noted that he did not want to remove any, but would like to vote on each separately. 4a. 1504 ARC WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A NEW TWO-STORY SINGLE FAMILY DWELLING WITH A DETACHED GARAGE (DALE MEYER ASSOCIATES, APPLICANT AND ARCHITECT; DIODATI PROPERTIES, PROPERTY OWNER) (104 NOTICED' PROJECT PLANNER: MAUREEN BROOKS 3 Item # Action Calendar City of Burlingame Proposed Changes to the Zoning Ordinance Regarding Fences to Establish Standards for Arbors in the Front Yard and a Clean Up of Signage and Parking Regulations Meeting date: December 8, 2003 Planning Commission Action: Hold a public hearing and take action. Action is a recommendation to City Council. Request: Amend the zoning regulations to allow the following: (1) 32 SF arbors at a maximum height of 9 feet in the front setback in the R-1 zone; (2) Remove signage regulations covered in the sign code from the R-1 zone; and (3) Clarify the location of required parking in the zoning code parking regulations(Ch 25.70). Planning Commission Study Meeting November 12,2003: At the study meeting the commissioners asked staff to address four questions regarding the proposed changes to the zoning regulations. Questions and responses follow: ➢ Should arbors on properties in the hillside area be required to get Hillside Area Construction Permits? In discussion commissioners noted that these proposed structures will be small(32 SFor less)open structures If enclosed at all it will be with vegetation which blends into the scenery in the hillside area and does not have enough mass to obstruct a view. In addition it might be confusing to require a permit for arbor structures in some parts of the city(the hillside areas)and not in others Based on this the determination was not to require hillside area construction permits for arbor structures.. How will the ordinance address protecting sight lines at corners? Sight line requirements are determined by the Public Works Department and are based on public safety. Any arbor at or near a corner would be required to be documented by the Public Works Department that, if built as proposed, it will not block the open views at any near by intersection. ➢ Three feet seems very shallow as a maximum depth for an arbor, should be changed to 4 feet, and the maximum footprint increased to 32 SF to correspond_ This change has been noted in the annotated draft of the ordinance attached to the staff report and Proposed Changes to the Zoning Ordinance Regarding Fences to Establish StandardforArbors in the Front Yard and a Clean Up of Signage and Parking Regulations December 8,2003 in the draft proposed for Commission recommendation to City Council. See attachments ➢ If the language is clarified for all parking to be required on the site where the structure/use is, can the Commission require applicant's to provide off-site parking? Yes There would be no change to the present practice which is to grant the property where the parking should be located a variance based on the mitigation that the required number of spaces would be provided on another property in the same ownership as the one where the structure or use is located. Legal documents would be required and recorded with the deeds of both properties tying the two parcels together permanently(or for as long as the structure or use exists on one of them). The intent is obvious, the parcel where the parking is cannot support the one where the use is if it is developed with a structure or use. The exception would be if a use were added and the parking for the first parcel and that parcel were both provided to code requirements In the latter case the variance for the first parcel's use would probably have to be reviewed by the Commission. Summary: Recently a number of home owners have requested a variance for fence height in the front setback in order to install arbors at front yard fence openings. After public hearing the Commission granted each of these requests. Because these entrance arbors planted with vines and flowering plants are consistent with the neighborhood character in Burlingame,the Commission directed staffto see if there was some way in which modest, decorative arbors could be allowed within the current fence regulations. In the process of studying the"arbor"issue staff found two other issues in the zoning code which should be corrected. The first is vestiges of signage regulations which remain in the zoning code(Chapter 25 of the Municipal Code) which were apparently not transferred to the sign code (Chapter 22 of the Municipal Code)when it was created in 1978. Second is a clarification of the intention of the zoning code regarding where parking for a new building or new use should be located e.g. on the site of the new structure or use. Summary of Proposed Changes to the Zoning Code ■ Arbors The proposed revisions to the code add a definition of arbor to Chapter 25. This definition clarifies the distinction between an"arbor" and a"trellis". An arbor is a free standing structure which is open to the passage of light and air on all sides. The footprint of an arbor permitted without a variance is substantially smaller (32 SF)than the footprint of a trellis(up to 100 SF). The suggested code provisions allow in the front setback arbors with a 32 SF footprint and height of 9 feet or less without Planning Commission review. ■ Removal of References to Sign Regulation Three references to signage remained in the zoning code. Two were in the single family zoning regulations. One reference was to real estate signs and the second referred to church bulletin boards. The third reference to signs was in the chapter of the zoning code which includes regulations for automobile parking lots, sales lots and service stations. Sign regulations addressing all ofthese activities are currently included 2 Proposed Changes to the Zoning Ordinance Regarding Fences to Establish Standard forArbors in the Front Yard and a Clean Up of Signage and Parking Regulations December 8,2003 in Chapter 22 of the Municipal Code, Signage. Having regulations for signage in two places is both confusing and can lead to inconsistent code administration. ■ Location of Required Parking Chapter 70 of the Zoning regulations addresses parking requirements for all uses in the zoning code. CS 25.70.010 establishes the requirement that parking be provided based on the standards in Chapter 70 whenever a new building is built,enlarged or increased in capacity(use intensified). The provisions of this section are written to imply that the parking should be provided on the same site as the structure. In fact this code section has been interpreted that parking be on the same site the requirement was added to the zoning code (e.g. about 1941). However, the code section does not state explicitly that the required parking be provided on the same site as the building. The proposed change to this section is to make it explicit that the parking for a new structure, enlarged building or intensification of use in a building be provided on the SAME site. Margaret Monroe City Planner Attachments: Ordinance of the City of Burlingame Amending Title 25 to Expressly Allow Certain Arbors, to Clarify Vehicle Parking Requirements, and to Make Sign Provisions Consistent. Planning Commission Minutes,November 12, 2003 Zoning Code Amendment, Annotations: Amendment to Fence Requirements for Arbors, Removal of References to Signage in Zoning Code,and Clarification ofLocation ofParking. October 30,2003 3 October 30, 2001 Zoning Code Amendment Annotations: Amendment to Fence Requirements for Arbors, Removal of References to Signage in Zoning Code, and Clarification of Location of Parking It recently came to the attention of the Planning Commission that the city's fence regulations do not include provisions for entry arbors in the front yard. Commission directed staff to look at how this gap might be addressed. In working with the zoning code to address the fence issue two other items came to light which staff would also like to correct. One is that some vestige references to signage remain in the R-1 and other district regulations. These apparently were missed in 1978 when the city created Chapter 22,the sign code. The second correction is to clearly state the location requirements for parking. The annotations below address these issues. Regulations to allow arbors in the front yard in the R-1 Zone In order to add a provision allowing arbors in the front yard a definition for arbor must be added to the code. This definition must distinguish an "arbor"from a "trellis". Section 25.08.657 currently defines trellis as follows: 25.08.657 Trellis. "Trellis" means a structure with a roof made of repetitive members open to the sky and supported by posts, open on all sides. A new section 25.08.012 is added as follows: 25.08.012 Arbor. "Arbor"means a free-standing structure that is substantially open to the passage of light and air on the roof and all sides,and serves to roof a gate, driveway, or walkway_ "Substantially open" as used in this subsection means that the sides and roof of the arbor are at least sixty percent(601/o)open around any given point across each side and the roof_ Annotation: The distinguishing feature of an arbor which makes it different from a trellis is that an arbor has no roof and is open to light and air on all sides. This distinction is important since it is not the objective of the ordinance to allow covered walkways to extend from the front door to the front property line of single family houses. Zoning Code Amendments Annotations: Amen&nent to Fence Requirements for Arbors,Removal of References to Signage in Zoning Code,and Ckrifu ation of Locadon of Parking October 30,2003 Change to the R-1 lot coverage regulations, exempting arbors within certain dimensions from lot coverage: 25.28.065(a)is amended to read: (a) Arbors where the maximum roof area as measured exterior edge to exterior edge cumulative on a property does not exceed twenty-four(2 4)square feet and the maximum height, as measured from adjacent grade does not exceed nine (9)feet. Trellises where the maximum roof area as measured exterior edge to exterior edge cumulative on a property does not exceed one hundred(100) square feet and the maximum height, as measured from adjacent grade does not exceed nine and one-half(9.5) feet. Annotation: This section exempts arbors (as defined above)from being counted as lot coverage so long as they do not exceed 24 square feet and are not taller than 9 feet. It should be noted that trellises which are less than 100 square feet and do not exceed 9.5 feet in height are currently excluded from being counted in lot coverage. Fence Regulations, arbors in front setback Section 25.78.020 is amended to read as follows: 25.78.020 Height of fences in R districts. (a) In any R district no fence or hedge which exceeds five feet in height, measured from the average of the ground level at both sides of the fence, is permitted in that part of the lot which is the front setback. However, one arbor that is no taller than nine(9)feet overall when measured from adjacent grade, and no wider than eight(8)feet, and no deeper than three(3)feet may be placed in the front setback. (b) In any R district fences seven(7)feet in height shall be permitted at side and rear property lines, provided the last foot in height is of an open design freely allowing light and air to pass through; all other fences in these locations shall not exceed six (6) feet in height. Annotation: This section makes it clear that while the maximum fence height in the front setback is 5 feet, a property owner may install ONE arbor which has a maximum height of 9 feet, and a foot print of 8'x3'within the front setback as a matter of right e.g. does not require a variance. The numbering within this code section is also corrected. Removal of References to Signs in the Zoning Code Section 25.28.020 is amended to read as follows: The following uses are permitted in the R I districts: 2 Zoning Code Amendments Annotatiions: Amendmad to Fence Requirements for Arbors Removal of Rdierences to Signage in Zoning Code,and Clarification of Locadon of Parking October 30,2003 4, (a) One building designed and used as a single-family dwelling; (b) Public buildings, public parks and playgrounds; 3= (c) Accessory buildings, structures or uses including private garages,parking spaces, greenhouses, lath houses, playhouses, sheds, swimming pools and accessory buildings to serve such swimming pools,but not including group pools or swimming pool clubs; 4. (d) Home occupations as defined in this title; (e) Letting of rooms,with or without meals,to not more than three(3)persons; 6: (f) Storage of any trailer provided that no trailer shall be stored or permitted to be stored on that part of any lot or parcel of land upon which the construction of buildings is prohibited; and provided further, that no person shall use or permit to be used any trailer for the purpose of sleeping or as living quarters; 7. Rea8. Chtweh bulletin bear-ds as an aeeesser-y use to permitted ehur-ehes. b b Subsection 25.74.020(4)is amended to read as follows: 4. Conditional use permits for gasoline service stations may be granted if the proposed development plans are first approved as provided in sections 25.16.040 through 25.16.080, inclusive, and upon showing that the development and maintenance of structures, fences, walls and screening, drainage, landscaping,signs,lighting, spaces for storage of waste products, appurtenant equipment, vending machines and off-street parking, serve the interest of the business community and the health, safety, peace, comfort and general welfare of the public; Annotation: Before the city had adopted the sign ordinance (Chapter 22 of the Municipal Code) in 1978 sign regulation was incorporated into the zoning code. With the adoption of the Sign Code it was the intention to remove all the sign regulation from the zoning code. Unfortunately these references were missed. It is confusing to have signage regulated in two places in the Municipal Code_ It leads to administrative and regulatory errors. The numbering within this code section is also corrected. Clarify Location of Required Parking 25.70.010 Automobile Vehicle parking spaces to be provided. 4,(a) Parking required. At the time of erection of any building or structure,or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking spaces with adequate and proper provision for ingress and egress by standard size automobiles. 2, (b) Parking with remodel or reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units,gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided. 3- (c) Minimum requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter,parking required by this 3 Zoning Code Amendments Annotations: Amendment to Fence Requirements for Arbors,Removal of References to Signage in Zoning Code,and Clarification of Location of Parking October 30,2003 chapter is to be provided on the same lot as the use for which the parking is required Annotation: It is implied in sections(a)and(b)of CS 25.70.010 that the required parking provided for a building or use will be provided on the site on which the building or use is located. That is the way that the code has always been administered. However,it is not clearly stated that the requirement is that the parking be located on the same lot. This addition is to make it indisputably clear that required parking shall be located on the same site as the building or use it serves. 4 CITY OF BURLINGAME SUMMARY Of PROPOSED ORDINANCE OF THE CITY OF BURLINGAME TO AMEND TITLE 26 Of THE MUNICIPAL CODA TO ALLOW AftdORS IN FRONT YARDS UNDER CERTAINVEHIC R P R?QRQ SPACEONS TO CODE EfOVNISibNS COO SISTTENT QN NOTICE IS HEPFZY GIVEN That the CA Council of the qty of Burlingame will ooneld- er adoption of a proposed ordinance on Tuas- dsY, Januafy 20, 2004, at a public meeting at 7,11 p,m. In the Gty Hall CounoR Chambers bcated et 501 Primrose fload, u n0ame, Callfomlp, that wopId amend the BurlM9�ie Municipal Code to make the following revlelons: - Create a dsflnllbn for *arbQe and allow arbors of a limited size In the realdentlal front W without counting the arbor agttlnat the floor area ratio of the pprcpeftyt - Cie(fy that reclullsd paNnpp is to be pro- vided on Ufa property for which B Is serving and not a aeparata place of property; rind - Amen QQ the ZZordng Code ro remora In cOneletenoles with the S�qf�Code. Anyone Inrere■tad In the ownefihlp or do- Anyone ant of pfoPeRY in the Cshould ra� +riaw tha enure Ordinance, TheItY ty Council wql receive tesumonY on the proposed ord- nance from 94 lrttema d persons who sp- pear at the Council Moro To recalva addl- tlonal information about the Proposed ordl- nance and a c4mPlsts cPPy of I" proposed ordinance,orto provide wd sn oomments,In- tereated persons may contact the City Cisrk, CA94010, phone501 (660)primrose) 6 12m. A c m- pjete copy of the Crary aatc400 Primrose Road, �+Ievy at the CILY Liprtuy Burlingame,CA. San Me1so County Tlmee,#310406 Januery 12, 2004 AGENDA BURLINGAME6d TA F F REPORT ITEM# N. MTG. 1/20/04 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: January 9, 2004 BY A, a - APPRO FROM: PUBLIC WORKS BY Z/ SUBJECT: ADOPT AN ORDINANCE FOR THE INSTALLATIO F AN ADDITIONAL STOP SIGN AT HOWARD AVENUE AND HUMBOLDT ROAD RECOMMENDATIONS: It is recommended that City Council hold a public hearing to A. Adopt proposed ordinance. B. Direct City Clerk to publish a summary of the ordinance within 15 days of adoption. Staff also recommends the addition of painted pedestrian crosswalks throughout the intersection. BACKGROUND: At their October 9, 2003 meeting, the Traffic, Safety and Parking Commission (TSPQ reviewed a request from resident Ron Charlson for the installation of additional stop signs on Howard Avenue at Humboldt Road. Joining Mr. Charlson in support of his request were the neighbors and residents of Humboldt Road, Howard Avenue and Victoria Road. Mr. Charlson and his fellow neighbors stated that they have witnessed numerous accidents at this intersection between vehicles traveling on Howard and Humboldt. They indicate that a majority of these accidents have gone unreported to the Police Department because of the drivers' concerns over insurance complications and that only the most serious collisions involving bodily injury have been reported. The intersection layout is such that Howard Avenue intersects with Humboldt Road at right-angles. Despite this typical layout, the jurisdictional responsibilities of this intersection are unique. Two adjacent approaches from each street belong to two different cities. The eastbound approach of Howard and the southbound approach of Humboldt are within the jurisdiction of Burlingame; while, the westbound approach of Howard and the northbound approach of North Humboldt belong to San Mateo. Therefore, the installation of traffic controls requires both cities' approvals. DISCUSSION: Stop signs currently exist for northbound and southbound North Humboldt and include a painted STOP legend and a single stop bar. Approval of this request would authorize the installation of two additional stop signs for Howard Avenue traffic and painted pedestrian crosswalks. A stop sign warrant study was conducted as part of the TSPC review. The results showed that this location came very close to meeting the quantitative factors of the warrant study. In addition, staff also evaluated other surrounding conditions which might have bearing on determining whether or not to further consider stop signs. One of these conditions is the close proximity of Victoria Park. The park playground is half a block west of the intersection. Currently,pedestrians wanting to use the playground must cross Howard Avenue at the uncontrolled portion of the intersection. Another evaluating condition is the mixed-use of the neighborhood. The Burlingame side of the intersection is predominantly single-family and high-density residential, while the San Mateo side if almost exclusively commercial. Staff believes that in the long-term,Howard Avenue within the San Mateo side will experience increased commercial traffic resulting in higher volumes and higher potential for intersection collisions. Page 2 Staff also evaluated the potential impacts to the adjacent streets of installation of the 4-way stop signs. The roadway widths of Howard Avenue and North Humboldt Avenue are similar in width and configuration to adjacent streets. Therefore, staff does not anticipate any major changes in traffic circulation in the area. Additionally,North Humboldt Avenue is used by drivers as a major collector street directly linking Rollins Road (to the north)with Peninsula Avenue and US 101 (to the south). Since this is used as a direct route,the installation of additional stops at this intersection would not be a deterrent for drivers to choose a more circuitous route to avoid stopping. Conversely,the additional stop signs will better regulate both the through and cross traffic using North Humboldt and Howard. Staff worked with City of San Mateo traffic engineering personnel, sharing accident and traffic volume data to compare results. The conclusion of both cities' staff was that based on engineering practices and experience,the installation of additional stop signs at this intersection is merited and would be considered prudent. Subsequent to the October TSPC meeting, staff conducted door-to-door interviews with the residents and businesses at the intersection, up to a one-block radius, to obtain input on traffic patterns and the possibility of installing a 4-way stop. A total of 40 notices were hand delivered. Staff met and discussed directly with six residences and four businesses in the interview process. As a result,the installation of additional stop signs is very strongly supported by all the businesses and residents interviewed. Staff anticipates little or no opposition from the remainder of the residents and businesses in the neighborhood who could not be reached for the interviews. FISCAL IMPACT: There are sufficient funds in the existing Streets Division operating budget to cover the cost of labor and materials associated with installation. EXHIBITS: Ordinance; Traffic, Safety and Parking Commission Minutes Au Stine Chou, Traffic Engineer 650-558-7230 c: City Clerk SAA Public Works Directory\Staff Reports\ORDINANCE-STOP-HOWARD2.wpd I ORDINANCE No. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 13.20.010 FOR 3 INSTALLATION OF STOP SIGN AT THE INTERSECTION OF HOWARD AVENUE AT HUMBOLDT STREET 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 Section 1. The City has received a request from residents of the Howard 7 Avenue/Humboldt Street/Victoria Road neighborhood seeking the placement of stop signs at 8 Howard Avenue approaching Humboldt Street. The City Traffic,Safety and Parking Commission 9 considered the request and received testimony regarding the traffic issues in the area and 10 recommended placement of stop signs at this intersection as requested. The City of San Mateo has 11 agreed to place a stop sign on its side of the intersection on Howard Avenue as well. 12 13 Section 2. Subsection 13.20.010(h) is amended to read as follows: 14 (h) Hale Drive approaching Columbus Avenue; 15 Highway Road approaching Oxford Road/Cambridge Road; 16 Hillside Circle approaching Hillside Drive; 17 Hillside Drive approaching Vancouver Avenue; 18 Hillside Drive approaching Alvarado Avenue; 19 Hillside Drive approaching Skyline Boulevard; 20 Hillside Lane approaching Skyline Boulevard; 21 Hinckley Road approaching Gilbreth Road; 22 Howard Avenue approaching Anita Road. 23 Howard Avenue approaching Arundel Avenue; 24 Howard Avenue approaching Dwight Road; 25 Howard Avenue approaching Humboldt Street; 26 Howard Avenue approaching Lorton Avenue; 27 Howard Avenue approaching Primrose Road; 28 Hunt Drive approaching Frontera Way; I Hunt Drive approaching Rivera Drive; 2 Hunt Drive approaching Trousdale Drive; 3 4 Section 3. This ordinance shall be published as required by law. 5 6 Mayor 7 8 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the 9 foregoing ordinance was introduced at a regular meeting of the City Council held on the l"day of December, 2003, and adopted thereafter at a regular meeting of the City Council held on the 10 _day of , 2004, by the following vote: 11 12 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 13 ABSENT: COUNCILMEMBERS: 14 15 City Clerk 16 C:\FILES\ORDINANC\stopsign20032.pwd.wpd 17 18 19 20 21 22 23 24 25 26 27 28 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Approved Wednesday, September 10, 2003 1. CALL TO ORDER. 7:04 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. 3 of 5 Commissioners present. 4. CURRENT BUSINESS. 4.1 ACTION ITEMS. 4.1.1 Approval of Minutes for July 10, 2003 The minutes were approved as submitted. 4.1.2 Request for red curb at 773 Willborough Place Mr. Chou stated that the neighbors agreed on installation of a red curb. It was moved and seconded (Comms. De Angelis/McIver) to place a red curb at 773 Willborough Place. Approved by voice vote, 3-2 (Comms. Mayer and Warden absent). 4.2 DISCUSSION ITEMS. 4.2.1 Request for a 4-way STOP at Humboldt Road and Howard Avenue Mr. Chou advised that this intersection is shared with the City of San Mateo. There had been one accident in 12 months on the Burlingame side and two accidents on the San Mateo side. None of these collisions were attributed to right-of-way confusion. He also stated that although the volume is just below the volume warrant threshold, the street is exceptionally wide. Mr. Chou stated that he will share the results of Burlingame's warrant study with the City of San Mateo and talk to them in coordinating the warrant study efforts since they must concur on any action to be taken. From the floor, Ron Charlson stated there have been many minor accidents at the intersection which were not reported to the police. At one point, there had been 14 accidents in a six-month period. The last accident involved two cars traveling in opposite directions on Howard Avenue and collided when one car turned left at the intersection, sending a driver to the hospital. He felt that a lot of the traffic comes from Peninsula Avenue onto Humboldt Road to reach the frontage road. Kathy Schmit stated that sometimes the speeds reach up to 50 mph, and Victoria Park is one block west of this intersection. Susan Groetchen said that she hears tires screeching several times a month from near misses. She also stated that the neighbors want a stop sign at both ends of Victoria Park. Mike Norton commented that a new business was opening at a site near the intersection. He added that this intersection is the connection between residential and commercial environments. Nan Brown stated that she has difficulty backing out of her driveway because of the speeders. The City of Burlingame Page 2 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Approved Wednesday, September 10, 2003 Comm. Cohen stated that this site is a potential problem. The perception is that there are 4-way stop signs. Since there are only stop signs on Humboldt Road, he recommends 4-way stop signs at this site. Comm. De Angelis agreed with him. Officer Witt will focus on this area for selective enforcement. This item will be continued at the next meeting. Mr. Chou will add the request for a stop sign on Howard Avenue at Victoria Road which is at the corner of Victoria Park. 4.2.2 Transport bus parking problems on Newlands Avenue Officer Witt stated that this is an enforcement issue and will work with the Code Enforcement Officer to resolve this issue. Comm. De Angelis stated that a similar problem is showing up again on Rollins Road at Morrell Avenue. 5. ACKNOWLEDGMENT OF NEW ITEMS. 5.1 STOP signs for east/westbound Bellevue at Primrose Road at City Hall Circle Mr. Chou stated this is a staff request due to right-of-way issues at this site. Currently there are two Yield signs in place. Mr. Chou will check the warrants and report back next month. 5.2 On-street parking study for 800 block of California Drive Comm. Cohen suggested that the subcommittee reconvene on this issue. Mr. Chou advised that there are a couple of new businesses going in at this location. It was suggested the subcommittee, made up of Comms. De Angelis and Warden, contact the various representatives at this site to discuss current issues and report back to the Commission. 5.3 Red zone on California Drive at Palm Drive From the floor, Mary Martella stated that vans and SUVs parked on the north side of this site impede the view of cross traffic while trying to turn left onto California Drive from Palm Drive. A red curb would provide greater site distance; and with a new business going in there,the problem will get worse. Mr. Chou will provide data at the next meeting and will make a recommendation then. Ms. Martell also complained about the McKinley School parents double and triple parking to drop off or pick up their children. Officer Witt stated that City staff and school principals have been meeting to discuss this problem at the various Burlingame schools to formulate plans to alleviate some of the traffic problems in these areas. He advised that the Parking Enforcement Officers are involved, too. 5.4 Height limit signs for 1200 block of Rollins Road Mr. Chou stated there had been a problem at this site with trucks blocking traffic signs. The trucking company causing the problem has since moved. Mr. Chou will provide more information at the next meeting. The City of Burlingame Page 3 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Approved Thursday, October 9, 2003 1. CALL TO ORDER. 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. 3 of 5 Commissioners present. 4. CURRENT BUSINESS. 4.1 ACTION ITEMS. 4.1.1 Approval of Minutes for September 10, 2003 Some pages of the minutes were missing; so the minutes will be acted on at the next meeting. 4.2 DISCUSSION ITEMS. 4.2.1 Request for a 4-Way STOP at North Humboldt Road and Howard Avenue Mr. Chou advised that this intersection fell just short of meeting the City's stop sign warrants. He also said that this was probably due to the fact that the initial studies were taken in early September, when school was just starting and people were still coming back from summer vacations. Mr. Chou added that he felt if another set of studies were done in October/November, the traffic volumes would probably rise a little before stabilizing above the warranted amount. He stated that staff also had conversations with City of San Mateo's Traffic Engineer, Jeff Elia. This was done because San Mateo also shared jurisdiction of this intersection. Mr. Chou said that San Mateo would agree with Burlingame's consideration for 4-way stop signs based on staff's opinion that subsequent studies would show that the warrants could be met. A motion was made (Comms. Cohen/Warden)to recommend to Council the installation of 4-way stop signs at North Humboldt Road and Howard Avenue, on the condition that the City of San Mateo concurs with staff's conclusions about the intersection. Approved by the Commission, 3-2 (Comms. De Angelis and Mayer absent). Mr. Chou stated the City would also enhance the intersection by adding painted crosswalks. 4.2.2 Request for a STOP sign on Howard Avenue at Victoria Road Mr. Chou advised that staff would not recommend approval of this request since a 4-way stop sign will be placed one block away, as per the above request. Staff recommended posting a "Playground" sign which will help to inform drivers of the potential presence of children due to the adjacent playground, and support Police staff in enforcing speeding citations in court. A motion was made (Comms. Cohen/Warden) to implement"Playground" signs at Howard Avenue and Victoria Road. Approved by the Commission 3-2 (Comms. De Angelis and Mayer absent). The City of Burlingame Page 2 CITY AGENDA 8a 0 ITEM# - -__--- BURUNGAME I STAFF REPORT MAG. DATE 1-20-04 y-�----0- 1 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMI ID BY �j/b DATE: January 12, 2004 APPROVE y�v , FROM: Netie Shinday (558-7204) BY �'�'!✓ SUBJECT: Consider Appointments to Traffic Safety Parking Com fission RECOMMENDATION: Consider appointment recommendation of interview committee and make appointments or take other action. BACKGROUND: One commission position is due for appointment. Three applications were received. The interview committee has interviewed all applicants and will be making a recommendation at the Council meeting on January 20, 2004. The term will be for three years ending in November 2006. MGR-Shinday, Netie From: Cathy Baylock [cathyb@baylock.com] Sent: Tuesday, January 13, 2004 3:29 PM To: MGR-Shinday, Netie Subject: Re: TSP Commission recommendation at council meeting Here is the recommendation for you to include in the packet: "Mike Coffey and I interviewed three excellent candidates for the position of Traffic, Safety and Parking Commission. This individual will also serve on the Pedestrian and Bike Plan subcommittee to be composed of two Traffic Commissioners and one Planning Commissioner. This subcommittee will be charged with formulating a Bicycle Master Plan for our City, therefore, the applicants related Bicycle experience was heavily weighted in our recommendation. Due to his experience as a founder of the Burlingame Criterium race, his membership in Peninsula Velo, and his recent completion of the Chamber of Commerce annual Leadership program, we are pleased to recommend Gene Condon for this position. We'd like to strongly encourage the other applicants to be involved in the formulation of this plan as this committee moves forward. " s/ Mike Coffey and Cathy Baylock On Tuesday, January 13, 2004, at 03 :08 PM, MGR-Shinday, Netie wrote: > Cathy and Mike, > The Traffic Safety Parking appointment is on the agenda for Jan. > 20th. . .just > a reminder to have your written recommendation at the Council seats > before > the meeting. If you want me to include it in the packet, please let me > know > by Noon tomorrow. > Thank you, > Netie 1 ��ICITI � STAFF REPORT BV.WM9 ME AGENDA ITEM# 9a MTG. �O�NATED JUNE 6 9 DATE 1-20-04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE BY DATE: January 20, 2004 APPRO Y FROM: Jesus Nava, Finance Director. 558-7222 SUBJECT: Transmittal of the 2003 Comprehensive Annual Financial Report (CAFR) RECOMMENDATION: That the City Council accept the report. BACKGROUND: This year's CAFR implements the provisions of the Government Accounting Standards Board(GASB),Statement No. 34,Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. GASB-34 established a new reporting model for governmental financial reports that makes them similar to the private sector. GASB-34 was developed to make governmental financial reports easier to understand and more useful to the people who use governmental financial information to make decisions. Cities with a population of less than 100,000 were required to implement the new financial requirements in fiscal year 2003. The City of Burlingame has complied with the new accounting rules. The City Council Audit Committee, consisting of Mayor Rosalie O'Mahony and Vice-Mayor Joe Galligan met with city staff and the auditors on December 15 to review the draft audit and financial statements. The City received a"clean" audit report with three recommendations to be implemented in the future: Self Insurance Program—that the City perform an actuarial study to calculate the required reserves for Worker's Compensation and General Liability insurance. Capital Assets—that a formal system be implemented to ensure that capital assets acquisitions and disposals are recorded timely and accurately in the general ledger. Financial Reporting—that financial statement preparation and review processes be structured such that adequate resources and time are allocated to both these areas. I extend my personal appreciation to the Finance staff responsible for the audit process,especially Mary Asturias, Financial Services Manager,who managed the preparation of the financial statements,and Tammy Mak,Accounting Technician,who was a major contributor to this effort. Both of these individuals worked long hours learning the GASB-34 requirements and were diligent in ensuring that the statements complied with the new rules. I also thank the City Council,City Manager and department heads for their patience and understanding during these fiscally challenging times and for their help in conducting the financial operations of the City in a responsible and fiscally prudent manner. The citizens of Burlingame are fortunate to have such people as caretakers of their public affairs. ATTACHMENTS: 2002-03 Comprehensive Annual Financial Report AGENDA BURLINGAME STAFF REPORT ITEM# 9b Mr 1/20/04 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: DECEMBER 22, 2003 BY / APPROVE FROM: PUBLIC WORKS BY 1 SUBJECT: '/ RESOLUTION AUTHORIZING AN AGREEMENT AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH THE CULVER GROUP FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE BURLINGHOME EASTON WATER MAIN REPLACEMENT PROJECT — PHASE I ADDED WORK; CITY OF BURLINGAME PROJECT NO. 80770 RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing: • Agreement Amendment No. 1 - Professional Construction Management Services, Water Main Replacements within the Burlinghome/Easton No.5 and Easton No. 7 Subdivisions with The Culver Group in the amount of$91,510. BACKGROUND: City Council has approved an annual Water System Capital Improvements Program ("CIP") budget of$4,500,000 to replace the aging water system infrastructure within the City of Burlingame. The first CIP project involves the replacement of undersized, inaccessible water mains at the end of their service life located within the Burlinghome and Easton Subdivision Nos. 5 and 7. The water mains within this subdivision are located in easements behind the homes, rather than in the street as is typical. The new water mains and meters will be relocated to the front of the homes to improve access and maintainability. In July 2003, Council awarded a construction contract in the amount of $1,908,762 to Shaw Pipeline for construction of the Phase I Project. Due to favorable bid prices relative to the engineer's estimate, Council approved an additional$400,000 construction budget for Shaw Pipeline to extend the limits of the Phase I Project to benefit additional properties("Phase I Added Work Project"). During the same meeting,Council also approved a resolution authorizing a professional services agreement with The Culver Group for construction management services of the Phase I Project. The purpose of this resolution is to amend the construction management services agreement to provide construction management services for the added work. DISCUSSION: City has selected The Culver Group as the firm with the best qualifications to perform the construction management for this project. Because The Culver Group performed the design and is currently performing the construction management of the Phase I Project, they are familiar with the issues on the project, and have already coordinated construction issues with large a number of residents in the project areas. Staff has negotiated the scope of work for the additional construction management services in the amount of $91,510. Given that the Culver Group is already providing construction management services,the average daily cost of the added fee is less than that of the original contract. Therefore, staff finds the professional services fee reasonable for the level of anticipated construction management effort. EXHIBITS: Resolution, Agreement Amendment No. 1 —Construction Management, Scope of Services BUDGET IMPACT: Sufficient funds are available in the project budget to complete the project. cc: City Clerk, City Attorney, EKI, The Culver Group S:\A Public Works Directory\Staff Reports\culvergroup amendment-1.wpd RESOLUTION NO. AGREEMENT AMENDMENT NO. 1, TO AGREEMENT WITH THE CULVER GROUP FOR CONSTRUCTION MANAGEMENT OF THE BURLINHOME EASTON WATER MAIN REPLACEMENT PROJECT - PHASE I CITY PROJECT NO. 80770 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor I, ANN T. MUSSO, 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 , 2004, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk AGREEMENT AMENDMENT NO. 1 PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES WATER MAIN REPLACEMENTS WITHIN THE BURLINGHOME, EASTON NO. 5 AND EASTON NO. 7 SUBDIVISIONS CITY PROJECT NO. 80770 THIS AGREEMENT, made in duplicate and entered into this day of December, 2003, by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as "CITY" and The Culver Group, LLC, hereinafter referred to as "CONSULTANT," WITNESSETH : WHEREAS, CITY and CONSULTANT have previously entered into an agreement for certain services, said agreement being dated 24 September 2002; and WHEREAS, it is the desire of the parties to amend said agreement as hereinafter set forth; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Amendment of Agreement Said agreement dated 24 September 2002, is hereby amended to include those revisions in services and compensation set forth in EXHIBITS 'NA" and 13", attached hereto. 2. In all other respects said agreement dated 24 September 2002, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year first above written. CITY OF BURLINGAME A municipal corporation Approved as to form: By Director City Attorney ATTEST: City Clerk Consultant C:\DOCUMENTS AND SETTINGS\SMURTUZA\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK1A\TCG.AGREEMENT AMMENDMENT DOC Burlinghome-Easton Water Main Replacement Project,Phase I City Project No. 80770 S'c"Gr� O� J4V�VL�I�J EXHIBIT A AGREEMENT AMENDMENT NO 1 FOR CONSTRUCTION MANAGEMENT SERVICES 1 PROJECT UNDERSTANDING This Exhibit describes the professional services to be provided by The Culver Group ("Consultant") to the City of Burlingame ("City") under the agreement dated 20 September 2002, for construction management services in connection with the construction project titled Burlinghome-Easton Water Main Replacement Project, Phase I, City Project No. 80770 ("Project") located at the Burlinghome-Easton area of the City of Burlingame ("Site"). Construction work for the project, to be performed by a Shaw Pipeline, Inc. ("Contractor"), includes installing water lines, fire hydrants, water meters, and services in accordance with the project Contract Documents dated 28 April 2003. The Project is planned by City to commence on or about July 15, 2003 and be completed during the first calendar quarter of 2004. Erler & Kalinowski, Inc. ("Program Manager") is serving as the City's Program Manager. 2 SCOPE OF WORK The scope of work covers construction management services, described further below, for Change Order Nos. 1 and 2 for the Project. The general scope of these Project elements is discussed below. 2.1 Pre-Construction Activities and Review of Submittals 2.1.1 Project Set Up and Documentation Consultant will establish a documentation procedure and a communication plan satisfactory to City and the Program Manager. Consultant will be responsible for routine communication with the Contractor and, through the Contractor's superintendent, with Contractor's subcontractors. Consultant will be responsible for answering requests for information from the Contractor in coordination with City and the Program Manager in accordance with the approved documentation procedures. Consultant will serve as the City's liaison with the Contractor, working principally through the Contractor's superintendent, and will assist the Contractor and superintendent in understanding the intent of the Contract Documents. Consultant will maintain, at the Site or nearby office satisfactory to City, orderly files for correspondence, reports of meetings and conferences, shop drawing and sample submittals, an up-to-date copy of the Contract Documents including all Addenda, Change Orders, Field Orders, Requests for Information, additional issued drawings and figures, Clarifications and interpretations of the Contract Documents, progress reports, photographs, and related documents. 1 Burlinghome-Easton Water Main Replacement Project,Phase I City Project No.80770 2.1.2 Pre-Construction Meeting In cooperation with City and the Program Manager, Consultant will schedule and conduct a pre-construction meeting with the Contractor and key subcontractors to discuss the requirements of the Project. Topics to be covered will include project scope, schedule, contract drawings, shop drawing submittal and review, coordination with residents and homeowners, existing conditions, materials, equipment, traffic control, invoicing, lines of communication, public relations issues, construction observation procedures, emergency notification procedures, as-built drawings, and other contract requirements. Consultant will compile and address questions from the Contractor or its subcontractors. 2.1.3 Review and Approval of Project Schedule and Schedule of Values Consultant will review the Contractor's proposed baseline schedule and schedule of values for payment and discuss proposed comments with City and the Program Manager. Consultant will discuss comments and concerns with the Contractor and forward the proposed final baseline schedule and schedule of values to City for approval prior to the start of active construction. 2.1.4 Review of Submittals Consultant will review Contractor shop drawing and sample submittals. Submittals will be processed promptly. All submitted sets of shop drawing copies will be returned to Contractor with clearly-described comments and stamped with the notation"Favorably Reviewed", "Make Corrections Noted", "Amend and Resubmit", or"Rejected". Consultant will coordinate with Contractor to prioritize long lead-time items. Consultant will notify City and the Program Manager of shop drawing receipt and will coordinate with City to obtain City input during review of key submittals. Consultant will promptly advise the City and EKI if work by Contractor is proceeding without needed favorable review by Consultant of required shop drawing or sample submittals. Consultant will keep a log of status of submittals, including date received, date returned to Contractor, notation of review, and indication if submittal is complete or resubmittal required. Consultant will review the Contractor's proposed substitutions in accordance with the procedures in the Contract Documents. Substitutions affecting cost or quality of materials will be reviewed with the City for approval. 2.2 Construction Management and Inspection Services During Construction Consultant will provide a field inspection staff person or persons to observe Contractor's construction activities at the Site in order to monitor Contractor's progress, assess conformance with the intent of the Contract Documents, and provide a City representative at the Site. This task includes the following services: • Daily Progress Reports: Consultant will monitor the progress of the Project and prepare a daily progress report in a format acceptable to City and the Program Manager. Consultant will provide City and the Program Manager with a hard copy, telefaxed copy, or emailed copy of each report no later than two working days after the date covered by the report. Daily progress reports will include, at a minimum, the 2 Burlinghome-Easton Water Main Replacement Project,Phase I City Project No. 80770 following information: Contractors and subcontractor personnel and craft, equipment present at the Site that day with notation whether the equipment was active and for what portion of the day; visitors to the Site, weather conditions, construction activities performed on that day; identified construction issues that could affect cost, scope, or schedule; sampling and testing performed and summary of results; lists of visitors; key decisions; materials deliveries; information that may be necessary to document and support a change order or allow assessment of potential Contractor claims; and other pertinent observations. • Photographic Documentation: Consultant will document construction by taking date- stamped photographs and submitting photos in an organized fashion with a photo log indicating photograph date and description. Photos may be emailed in digital form as attachments to the corresponding daily progress report. • Conduct Progress Meetings: Consultant will arrange and conduct weekly progress meetings with the Contractor, City, and the Program Manager. Topics to be discussed during the meetings will include review of the Project goals, progress, and schedule; current issues; and discussion of potential construction issues or disputes, if any. The purpose of these meetings is to facilitate project completion and identify potential conflicts and claims in a timely manner. Consultant shall prepare meeting agendas will provide the City and the Program Manager with copies of meeting minutes, documenting the attendees, discussion topics, key points of issue, agreements, unresolved issues, and action items within two working days of the meeting. • Construction Review: Consultant will conduct on-Site observations of Contractor's completed work and work in progress to determine if the work is proceeding in accordance with the intent of the Contract Documents. Consultant will report to City and the Program Manager whenever Consultant believes that any work is unsatisfactory, faulty, or defective or does not conform to the intent of the Contract Documents; or does not meet the requirements of any inspection, tests, or favorable review required to be made; or if work has been damaged prior to progress payment or final payment. Consultant will advise the City and the Program Manager when Consultant believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or review. Consultant shall not undertake any of the responsibilities of the Contractor, Contractor's superintendent, or Contractor's subcontractors to perform the work, and shall not advise on or issue directions relating to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advise or direction is specifically set forth in the Contract Documents. Consultant shall not advise on or issue directions regarding health and safety procedures or programs or security measures in connection with the Contractor's work on the Project. • Material Testing, Acceptance and Rejections: Consultant will verify that all sampling, testing, and system startup and operating and maintenance instruction are conducted as required by the Contact Documents and in the presence of the required 3 Burlinghome-Easton Water Main Replacement Project,Phase I City Project No. 80770 personnel. Consultant will verify that the Contractor maintains adequate testing and sampling records, and will report to the City and the Program Manager regarding test procedures and results. Consultant will coordinate with the City in advance of major tests and inspections. For soil material requiring compaction, Consultant will determine the maximum density at optimum moisture content in accordance with ASTM D698. Where cohesionless, free-draining soil material is required to be compacted to a percentage of relative density, the calculation of relative density shall be determined in accordance with ASTM D4253 and ASTM D4254. Consultant will perform in-situ field density tests on excavation backfill in accordance with ASTM D1556 or D2922. Consultant may subcontract material testing to a subcontractor whose qualifications have been favorably reviewed by City and the Program Manager. • Requests for Information and Clarifications: Consultant will obtain from the City and transmit to Contractor additional details or information required for the proper execution of the Project. Consultant will forward to the Contractor clarifications and interpretations of the Contract Documents. Issues having the potential to materially change the Project schedule, scope, or budget will be discussed in advance with the City and the Program Manager. Consultant will consider and evaluate the Contractor's suggestions for modification of the Contract Documents, and discuss recommendations in advance with the City and the Program Manager. • Prepare Change Orders: Consultant will promptly evaluate the Contractor's notices of potential claims and, in coordination with the City and the Program Manager, will negotiate a change order for those notices of potential claim that are determined to merit a change in the Contractor's scope of work, compensation, or allowable time for Project completion. Consultant will submit the negotiated change orders to the City for approval. If claims cannot be promptly resolved to the mutual satisfaction of Contractor and the City, Consultant will compile information necessary for the evaluation of such claims. • Public Relations, Visitors, and Accidents: Consultant will be responsible for construction with property owners regarding public convenience issues as they arise during construction and promptly discuss identified issues with the City's public relations consultant. In cooperation with the public relations consultant, Consultant will address issues promptly whenever feasible. For issues that cannot be promptly addressed, or that may materially affect Project scope, schedule, or cost or affect the City's relations with the public, Consultant will promptly discuss such issues with the City and the Program Manager. Consultant will accompany visiting inspectors representing public agencies or utilities having jurisdiction over the work, and will record the outcome of such visits and inspections. Consultant will promptly report to the City and the Program Manager the occurrence of any accident. • Project Website: City will provide a Project Website for use by Consultant to post relevant project information in a common document format. There will be an internal 4 Burlinghome-Easton Water Main Replacement Project,Phase I City Project No.80770 (i.e., restricted access) and a public-facing (i.e., unrestricted access)portion of the Project Website. Consultant shall maintain historical and current project information on the internal Project Website for access and review by City. Additionally, Consultant shall provide weekly construction updates to Public Affairs Management, the City's public relations consultant, suitable for placement on a public-facing Project Website to update residents at the Site of the progress of construction, schedule for construction, and other information, as needed, to maintain a current and informative public-facing Project Website. • Review Construction Schedules Updates: Consultant will review the Contractor's requests for schedule changes, compare these with the baseline schedule, and, if merited, submit the proposed changes with an explanation of changes and potential impacts to the City for approval. • Punch List: Prior to substantial completion of the Project, Consultant will prepare a punch list of remaining items to be completed or corrected and furnish this list to the Contractor. Consultant will monitor the Contractor's completion of punch list items. Before Consultant's preparation of documentation regarding substantial completion or final completion, conduct a final inspection in the company of the City, the Program Manager, and the Contractor, and update the punch list accordingly. Verify that all punch list items have been completed or satisfactorily corrected and furnish recommendations to the City and the Program Manager regarding acceptance. • Obtain Warranties and Other Documentation from Contractor: Consultant will obtain warranty documentation and other paperwork from suppliers or vendors. Catalog this information for transmission to the City. During the course of the Contractor's work, verify that certificates, manuals, and other data and warranties required to be assembled and furnished by the Contractor are applicable to the items actually installed. Deliver this information to the City for City's review prior to final acceptance of the work. • As-Built Drawings: Consultant will verify that the Contractor is compiling accurate and timely as-built drawings in accordance with the Contract Documents. Consultant will provide one set of original as-built plans on Mylar and electronic copies of as- built plans in AutoCAD file format within 4 weeks of project completion. • Review Progressm Payment Requests: Consultant will review the Contractor's requests for monthly progress payments and final payment including collecting, coordinating, and evaluating data used to assess appropriate payment for the bid items in the Contract Documents in accordance with the approved schedule of values. Consultant will submit the Contractor's favorably reviewed requests for payment to the City for review, approval, and processing. • Attend Meetings: Consultant will attend necessary meetings as requested by the City or the Program Manager. 5 Burlinghome-Easton Water Main Replacement Project,Phase I City Project No. 80770 • Issue Final Notices: Consultant will prepare certificates of substantial completion and notices of completion for the City's review, approval, and recording with the appropriate authorities. • Record Drawings_Consultant will collect a set of as-built drawings from the contractor and review for completeness. Consultant will prepare a set of record drawings of the installed pipelines, valves, hydrants, and other appurtenances, in plan view, showing all the utility locations along with a report signed by a registered civil engineer in California that states that the project was completed in accordance with the plans and specifications. In addition, corrections to the existing infrastructure that were identified during the work shall also be marked on the Record Drawings. Consultant will provide the Record Drawing package to the City at the completion of the work. • Update City's GIS Database: Consultant will update the City's existing geographical information system ("GIS") database with new water system infrastructure installed by the Contractor. In addition, corrections to the existing infrastructure that were identified during the work shall also be marked on the Record Drawings and included in the GIS update to provide the City with an accurate database of their in place infrastructure. CADocuments and Settings\smurtuza\Local Settings\Temporary Internet Files\OLKIA\TCG-CM SOW-City Comments.doc 6 C CUL VEGROUP, INC. EK�ob Project# Engineering * Construction Management Burlingame Project# Land Surveying Services Burlingame 5ubcode# December 3, 2003 -` I'T" F)';�V7 �Ec - a 20a3 Mr. Matthew Zucca, P.E. Erler &Kalinows1d, Inc. ma & K�t(NQWSKI, INC. 1870 Ogden Drive Burlingame, CA 94010 Subject: Burlinghome-Easton Water Replacement Project#80770 Construction Management Change Order#1 Dear Matthew: We will provide additional Construction Management services for the construction of the work- specified in Change Order#1 of Burlinghome-Easton Water Main Replacement Project. This will include the construction of water lines, house comlections and related work shown on attached plans and as itemized on the attached Construction Management Cost Summary. This change order will add 40 working days to the duration of the existing contract. This tune was estimated and requested by Matt Shaw of Shaw Pipeline. Our estimated cost of providing Construction Management services is . . V400ql Please refer to the attached cost summary for details. r S C crc Please feel free to call me with any questions. Sincerely, ��/Yev Philipovitch, P.E. Project Manager Enclosures yp:ca 6850 Regional Street, Ste.210•Dublin,California 94568•(925)556-6352)Fa-K(925)556-3364 e website—www-culvergroup.corn Construction Management Cost Summary Culver Group City of Burlingame-Burling home-Easton Water Main Replacement Project,Phase 1 Change Order#1 LABOR Subcontractor Costs ESTIMATED BUDGET ESTIMATED LABOR(Hours) QUANT. COST TOTAL SUB WORK ELEMENTS COST TOTALS The Culver Group Personnel&Rates($/hr) PER ITEM ($) Yev PM Paul CS Van CS Ella FT Celia AD ($) 135 92 92 75 55 ($/unit) 2.1-Pre-Construction Activities and Review of Submittals Task 2.1.1 Project Set up and Documentation Task 2.1.2 Pre Construction Meetings Task 2.1.3 Review and Approval of Project Schedule and Schedule of Values 7.5 $1,013 Task 2.1.4 Review of Submittals $1,013 2.2-Construction Managementlinspection Services During Construction Task 2.2.1 Daily Progress Reports 16.5 $1,518 Task 2.2.2 Photographic Documentation 16.5 $1,518 Task 2.2.3 Conduct Progress Meetings 12.5 12.5 $2,838 Task 2.2.4 Construction Review 210 110 $29,440 Task 2.2.5 Material Testing,Acceptance and Rejections 1 $4,500 $4,500 Task 2.2.6 Requests for Information and Clarification 13.5 $1,823 Task 2.2.7 Prepare Change Orders 16 4.5 4.5 $2,988 Task 2.2.8 Public Relations,Visitors,&Accidents 4 11.75 11.75 $2,702 Task 2.2.9 Project Website 27 $1,485 Task 2.2.10 Review Construction Schedules Updates 6 4 $1,178 Task 2.2.11 Punch List 2 6 2 $1,006 Task 2.2.12 Obtain Warranties&Other Documentation from Contractor 1 $92 Task 2.2.13 As-Built Drawings 20 $1,840 Task 2.2.14 Review Progress Payment Requests 4 10 $1,460 Task 2.2.15 Attend Meetings 7 $945 Task 2.2.16 Issue Final Notices 2 $270 Task 2.2.17 Record Drawings 1 1 $825 Task 2.2.18 Update City's GIS Database 1 $1,500 $1,500 $57,927 ODC's: Subconsultant and ODC Markups Computer/FAX/Printer 1 $100 $100 Project Photos/Video 1 $100 $100 Mailing/FEDEX Cell Phones 1 $300 $300 Safety Equipment Vehicles/Travel 1 $2,000 $2,000 Telephone/ISP 1 $100 $100 Office Space $2,600 Grand Total: $61,540 TABLE Construction Management Cost Summary City of Burlingame-Burlinghome-Easton Water Main Replacement Project,Phase 1 Culver Group Burlingame Project Number 80770,Change Order'I Summarti of Chnrees Project Task Invoice Amount I Budget Budget Task Description Amount Spent Percent Remaining Remaining to Date 2.1-Pre-Construction ActivitieS and Review of Submittals Task 2.1.1 Project Set up and Documentation S - £ S £ i - Task 2.1.2 Pre Construction Meetings S S S S Task 2.1.3 Review and Approval of Project Schedule and Schedule of Values S - £ 1,000.00 S 1,000.00 100°! Task 2.1.4 Review of Submittals S Project Task 1 Subtotal S 5 $ 1,000.00 S 1,000.00 100% 22-Construction Manaeement and Insoectlon Services Dorm r'onstructian Task 2.2.1 Daily Progress Reports S - S - 5 1,500.DO S 1,500.00 100% Task 2.2.2 Photographic Documentation S S S 1,500.00 S 1,500.00 10096 Task 2.2.3 Conduct Progress Meetins S S - S 2,800.00 S 2,800.00 100% Task 2.2.4 Construction Review S - S - S 29,440.00 S 29,440.00 100% Task 2.2.5 Material Testing,Acceptance and Rejections S - S - $ 4,500.00 S 4500.00 100% Task 2.2.6 Requests for Information and Clarification S $ S 1,80().00 S 1,800.00 100% Task 2.2.7 Prepare Change Orders S - S - $ 3,000.00 S 3,000.00 100% Task 2.2.8 Public Relations,Visitors,B Accidents $ - S - S 2,700.00 S 2,700.00 100% Task 22.9Project Website S - S - S 1500.00 S 1,500.00 100% Task 2.2.10 Review Construction SchedtdesUpdates S S 5 1,200.00 S 1,200.00 100% Task 2.2.11 Punch List S - S - S 1,000.00 S 1,000.00 100% Task 2.2.12 Obtain Warranties L Other Documentation from Contractor S - S - S 100.00 $ 100.OD 100% Task 2 2.13 As-Built Drawings S - S - 5 1,800.00 S 1,800.00 100% Task 2.2.14 Review Progress Payment Requests S - S - S 1500.00 S 1,500.00 100% Task 2.2.15 Attend Meetings $ - S - S 1,000.00 S 1,000.00 100% Task 22.16 Issue Final Notices S - S S 300.OD S 300.00 100% Task 2.2.17 Record Drawings S - S - £ 800.00 S 800.00 100% Task 2.2.18 Update City's GIS Database S - S - 5 1500.00 $ 1500.00 100% Proiect Tuk 2 Subtotal S 5 £ 57.940.00 S 57.940.00 100% ODC's Subconsultant and ODC Markups £ S S Compwer/FAX/Frinter S 100.00 S 100.00 100% ProjectPhotos/Video S £ S 100.00 S 100.00 100% Mailin&TEDEX 5 S S S Cell Phones S 300.00 S 30D.00 100% Safety Equipment S - S S S Vehiclesllravel _ ' 7elephoneRSP 5 5 - S 2,ODO.00 5 2.000.00 100% 5 S 5 10().00 5 lao.Do 100% Office Space Total Direct Expenses S S 2,600.00 S 2,600.00 100% INVOICrTOTAL: S S _ S 61,540.00 S o1,540.0�t\ 100% Pa¢•1 of 1 THE CULVER GROUP, INC. FILE g Engineering • Construction Management EKI Job Project# P0' 770 Land Surveying Services Burlingame Project# 4U>0 60?>Y Burlingame Sub ode#--!t- December 3, 2003 (C(OPY RECEIVED Mr. Matthew Zucca, P.E. C - 4 7063 Erler &Kalinowski, Inc. ERLER & KAUNOWSKI, INC. 1870 Ogden Drive Burlingame, CA 94010 Subject: Vancouver Ave/Roosevelt Ave. Water Main Replacement Change Order Q City Project#80770 Dear Matthew: We will provide additional Construction Management services for the construction of the work- specified orkspecified in Change Order#2 of Burling-home-Easton Water Main Replacement Project. This will include the construction of water lines, house connections and related work shown on attached plans and as itemized on the attached Construction Management Cost Summary. This change order is based on 20 working days construction time. This time was estimated by Matt Shaw of Shaw Pipeline. Our estimated fee for providing Construction Management services is $29,970.00. Please refer to the attached cost summary for details. Please feel free to call me with any questions. Sincerely, r � Yev Philipovitch, P.E. Project Manager Enclosures yp:ca 6850 Regional Street,Ste.210•Dublin,Califomia 94568• (925)556-6252 Far(925)556-3364 •website—www.culvergroup.com ROOSEVELT AVENUE CONSTRUCTION INSPECTION AND MANAGEMENT SERVICES: LABOR Subcontractor Costs ESTIMATED BUDGET ESTIMATED LABOR(Hours) QUANT. COST TOTAL SUB WORK ELEMENTS COST TOTALS The Culver Grou Personnel&Rates($/hr) PER ITEM ($) Yev PM Paul CS Van CS Ella FT Celia AD ($) 135 92 92 75 55 ($/unit) 2.1-Pre-Construction Activities and Review of Submittals 2.241 Task 2.1.1 Project Set up and Documentation Task 2.1.2 Pre Construction Meetings Task 2.1.3 Review and Approval of project Schedule and Schedule of Values 3 $452 Task 114 Review of Submittals $452 2.2-Construction Managementlinsoection Services During Construction Task 2.2.1 Daily Progress Reports 7 $677 Task 2.2.2 Photographic Documentation 7 $677 Task 2.2.3 Conduct Progress Meetings 6 6 $1,266 Task 2.2.4 Construction Review 94 49 $13,137 Task 2.2.5 Material Testing,Acceptance and Rejections 1 $2,184 $2,184 Task 2.16 Requests for Int ation and Clarification 6 $813 Task 2.2.7 prepare Change Orders 7 2 2 $1,333 Task 2.2.8 Public Relations,Visitors,&Accidents 2 5 5 $1,206 Task 2.2.9 Project Website 12 $663 Task 12.10 Review Construction Schedules Updates 3 2 $536 Task 2.2.11 Punch List 1 3 1 $449 Task 2.2.12 Obtain Warranties&Other Documentation from Contractor 0 $41 Task 2.2.13 As-Built Drawings 9 $821 Task 2.2.14 Review Progress Payment Requests 2 5 $672 Task 12.15 Attend Meetings 3 $452 Task 2.2.16 Issue Final Notices 1 $120 Task 2.2.17 Record Drawings 5 $368 Task 22.18 Update City,GIS Database 1 $1,500 $1,500 $26,917 ODC',:SubeomuRant and ODC Markup, Computer/FAX/Printer 1 $100 $100 Project Photos/Video 1 $100 $100 Mailing/FEDEX cell Phones 1 $300 $300 Safety Equipment Vehicics/Travel 1 $2,000 $2,000 TelephoneASP 1 $100 $100 Offices ace $2,600 0 0 0 0 0 Grand Total: $29,970 TABLE I Construction Management Cost Summary Vancouver Ave/Roosevelt Ave Water Main Replacement Culver Group Burlingame Project Number 80770,Change Order#2 Summary of Charees Project Task Invoice Amount Budget Budget Percent Task Description Amount SpentI Remaining Remaining to Date 2.7-Prc-Construction Activities and Review of Submittals Task 2.1.1 Project Set up and Documentation 5 - S - S - S - Task 2.1.2 Pre Consuuc6on Meetings S 5 S c Task 2.1.3 Review and Approval of Project Schedule and Schedule of Values $ $ S Task 2.1.4 Review of Submittals S S S S Project Task 1 Subtotal S S S S 2.2-Construction Management and Inspection Services During Construction Task 2.2.1 Daily Progress Reports S S - S 300.00 S 300.00 100% Task 2.2.2 Photographic Documentation S S - s 300.00 S 300.00 10000/ Task 2.2.3 Conduct Pros=Meetins S S S 1,200.00 S 1,200.00 100% Task 2.2.4 Construction Review S - S - S 18,000.00 S 18,000.00 100% Task 2.2.5 Material Testing,Acceptance and Rejections S - S S 2,800.00 $ 2,800.00 100% Task 2.2.6 Requests for lnfonnation and Clarification S - S - 5 300.00 S 300.00 100% Task 2.2.7 Prepare Change Orders $ - S - S 1500.00 S 1,500.00 1001/. Task 2.2.8 Public Relations,Visitors,B Accidents $ - S - 5 1,000.00 S 1,000.00 100% Task 2.29 Project Website S - S - 5 1,000.00 S 1,000.00 100% Task 2.2.IDReview Construction Scbedules Updates S 5 - S 600.00 5 600.00 100% Task 2 2 11 Punch List $ 5 S 500.00 S 500.00 100% Task 22.12 Obtain Warranties B Other Documentation from Contractor S - 5 - S 300.00 S 300.00 100% Task 2.2.1.3 As-Built Drawings S - 5 - S - S - Task 22.74 Review Progress Payment Requests S S S 400.00 S 400.00 100% Task 2.2.15 Attend Meetings S - $ - S 1500.00 S 1500.00 100% Task 2.2.16 Issue Final Notices 5 - 5 S 100.00 S 100.00 100% Task 2.2.17 Record Drawmp S S S - S Task 2 2.18 Update City's GIS Database S S S - S Proiect Task 2 Subtotal S 5 S 29.900.00 S 29.900.00 100% ODC's Subconsultant and ODC Markups S - Computer/FAX/Primer S 5 - 5 _ 5 _ ProjectPhotos(Video S 5 S S Mailing/FMEX S S S - S Cell Phones S S - 5 70.00 S 70.00 100 Safety Equipment 5 5 - 5 S _ Vehicles/Travel S - 5 - S 100.00 5 100.00 100% Telephone/ISP 5 - 5 - 5 - S _ Office Space $ S 5 Total Direct Expenses S - S - S 170.00 S 370.00 100% INVOICE TOTAL: S - 5 - S 29,970.00 S 29,970.00 100% Page I of CITY o� STAFF REPORT BURUNGAME AGENDA ITEM# 9� 00 MTG. OAAATED JUNE 6'9 DATE 1-20-04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: January 20, 2004 APPROVED -j� FROM: Jesus Nava, Finance Director/Treasurer BY 650-558-7222 SUBJECT: Investment Policy for 2004 RECOMMENDATION: That the City Council approve the City of Burlingame's investment policy for 2004. BACKGROUND: State law requires the City Council to annually review and approve the policy for investment of City funds. There are no changes to the policy. The investment strategy for 2003 was to maintain liquidity and shorten maturities to ensure availability of capital in the face of declining revenues. ATTACHMENTS: 2004 Statement of Investment Policy CITY OF BURLINGAME, CA STATEMENT OF INVESTMENT POLICY January 2004 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. and 16481.2. The ultimate goal is to protect the City's pooled cash while producing a reasonable return on investments. OBJECTIVES 1. Accurately monitor and forecast expenditures and revenues to insure 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 i.) 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. Institutions must also carry an "A" rating from The Financial Directory. 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: City Manager ATTEST: City Clerk Page 3 of 3 CITYAGENDA 9d c,- ITEM # Ikj �BURLINGAME STAFF REPORT MTG. DATE 1 /20/2004 �NGTEn JYNE O TO: Honorable Mayor and Council SUBMITT BY DATE: January 12, 2004 APPROVE ' BY FROM: Larry E. Anderson, City Attorney SUBJECT: AMENDMENTS TO CONDITIONS FOR AMUSEMENT PERMIT FOR CARIBBEAN GARDENS, 1306 OLD BAYSHORE HIGHWAY RECOMMENDATION: Approve amendments to the conditions for the amusement permit for Caribbean Gardens to clarify operating expectations between areas in the establishment. DISCUSSION: Caribbean Gardens was first approved for nightclub entertainment with live music and dancing in March 1992. Since that time, the establishment has changed formats and operators a number of times. The current operator would like to redo the format for the club as described in the attached letter. While the current permit would continue to apply, staff felt it would be helpful to both the establishment and the Police Department to amend the conditions to clearly specify what the expectations regarding the new arrangements are. The operators intend to offer food service at all times in compliance with State law. The principal concerns are clear delineation of the area reserved for adults and the area where minors are allowed. The Police Department continues to work with the Alcohol Beverage Control Department to ensure that alcohol service regulations are met. The amendments are highlighted in the attached conditions. Attachment Proposed conditions as amended Letter of December 9, 2003, from Operator Distribution Chief of Police, City Planner, Fire Marshal Romy Gambirazio/Miguel Benavides Fox Investments PROPOSED CONDITIONS FOR AMUSEMENT PERMIT FOR CARIBBEAN GARDENS, 1306 BAYSHORE BOULEVARD Permit allows: Nightclub with disc jockey, occasional live music, and dancing, Wednesday through Sunday, 6:00 p.m. to 2 a.m. 1. All alcohol beverage laws shall be strictly enforced. 2. Any violations of the law or threatened violations shall be immediately reported to the Police Department and full cooperation shall be given by employees and management of the business. 3. No variance from the permitted entertainment shall occur without obtaining an amendment to the permit. 4. No part of the business shall be subleased without notification to the Police Department. 5. The amusement permit shall be non-transferable. 6. Any fight, ejection of customer, thefts from customers, or any other criminal act occurring at the establishment shall be reported to the Burlingame Police as soon as any establishment employee is aware of such an incident. 7. Any request by anyone in the establishment for an employee to contact the Police shall be honored immediately, without question. 8. Last call for alcohol service shall be no later than 1:20 a.m. on nights when entertainment is offered. 9. A trained security guard shall be provided in the parking lot for the establishment between 1 a.m. and 2:30 a.m. 10. Labor Code Section 6404.5 regulating smoking shall be enforced at all times. 11. No minors are to be allowed on the premises during hours when there is no food service, unless they are there on lawful business. 12. No private parties or special events shall be allowed on the premises. 13. The first floor will be clear of all alcohol and alcoholic promotional displays when minors are present. 14. Alcohol, alcoholsales,and alcohol promotional displays will only be allowed on the second floor when minors are present. 15. No minors will be allowed on the second floor. 16. Access to the second floor will only be allowed via the two interior stairwells,monitored at all times by security personnel when minors are present. 17 The establishment will provide no less than 5 security officers when minors are present,with at least 2 security officers designated to the parking lot to ensure patrons do not linger in cars consuming alcohol. The decision of the Council is a final administrative decision pursuant to the Code of Civil Procedure Section 1094.6. If anyone wishes to challenge the decision in a court of competent jurisdiction, they must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. C:\FILES\AMSPRM\caribgard3.bpd.wpd CARIBBEAN GARDENS SUPPER CLUB December 09, 2003 Michael Matteucci Burlingame, CA Dear Michael Matteucci: As per your request, I am formally writing this letter to advice you of our intent to serve clientele 18 years of age and older at Caribbean Gardens Supper Club Throughout our conversation on December 2, you suggested I first go to the Alcohol Beverage Control (ABC) authority to inquire if the type of license we now have permits minors inside the club. On December 3, I was granted an interview with a representative of ABC in San Francisco, CA. According to ABC, our license does allow minors to be served at our business;it was also recommended the use of wristbands to differentiate the underage from those legal to consume alcohol. The scheduled opening day for this event is January 16, 2004, and as you might understand we average three to four weeks in promotion. The facility at Caribbean Gardens Supper Club is composed of two floors, at our planning meetings it was agreed to have the bottom floor open to everybody and have the bar area free of alcohol and clear-out all alcoholic promotional displays. The only beverages on sale will be bottle water, sodas, juices and non-alcoholic frozen drinks. Dinner and appetizers will also be available. Usage of the second floor is planned as follows: open only to customers twenty-one (21) & over, alcohol will be available for sale as well as food. Access to the second (2'd) floor is gained thru two sets of stairs located at the front and back, signs have been posted at the bottom of each stair advising of the age requirement (under 21 not allowed); Both stairs will be monitored by a security guard. Customers wishing the use of the second floor will have to do so only by the front stairs where a security guard will be requesting ID cards. Security will employ the highest technology available to verify the authenticity of ID cards or Driver licenses. Caribbean Gardens Supper Club has acquired one Viage verifier machine; model CAV-3000, for such purposes. Anytime a customer wishes to gain access to the second floor he/she will have to provide identification. The back staircase will be used only as an exit. 1306 BAYSHORE WAY BURLINGAME, CA 94010 -2— December 10,2003 Jackets, bulky sweaters &rain coast will be prohibited to prevent patrons from sneaking any alcohol onto the bottom floor. Garments as those mentioned above will be required to be checked at the door. At the same time, anybody who enters the premises will be subject to be searched by our security guards. Security personnel will be scheduled appropriately, no less than 5 securities every Friday night or whenever underage customers will be allowed. The parking lot will be permanently monitored by two securities to ensure patrons vacate the area and not linger in cars consuming alcohol. I would like to be informed of the perspective of having two (2) uniformed Police officers for the opening night, January 16, 2004, 10:00pm to 2:00 AM. Our commitment is the safety of our patrons & customers, Caribbean Gardens is more than willing to cover the expense of such service. If you have any questions,please, feel free to contact me at 650.344.1797 Respectfully-vours, Jose M. Benavides Promotor/Events Coordinator Caribbean Gardens Supper Club 1306 BAYSHORE WAY BURLINGAME, CA 94010 4,CITY ot STAFF REPORT BURiJNGAME AGENDA ITEM# q 0 MTG. Yq0 DATEoAYT¢o JUNE d, TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: January 12, 2004 APPROVE FROM: Bob Bell, Human Resources Director BY SUBJECT: Tentative Agreement with the International Association JFirefighters (IAFF) and the City of Burlingame and Town of Hillsborough for a Combined Labor Contract. RECOMMENDATION: Staff recommends that the Council approve the attached resolution approving the tentative agreement between the City of Burlingame and Town of Hillsborough and the International Association of Firefighters (IAFF). The resolution would authorize the City Manager to incorporate the tentative agreement into the existing Memorandum of Understanding (MOU) with the IAFF. BACKGROUND: The City of Burlingame and Town of Hillsborough have been discussing the potential of merging fire departments for the last two years. In October of 2003, the Cities implemented a 3- month pilot program, which has demonstrated the operational and financial efficiency of the consolidated department. The Cities are in the final phases of finalizing an agreement to make this partnership permanent. Concurrent with the implementation of the pilot program, the parties began negotiating the terms of a labor contract of a combined department. The parties reached agreement on the proposals associated with the negotiations and is pleased to present for approval the comprehensive tentative agreement. Since October, a total of eight (8) meetings were conducted covering a total of twenty-seven (27) economic and operational proposals. The majority of economic proposals bring the Hillsborough fire staff up to parity with the Burlingame fire staff. There will not be a salary increase granted to Burlingame Firefighters or Captains upon approval of this tentative agreement. The tentative agreement also provides for a re-opener to evaluate the cost of the 3% @ 50 retirement benefit in 2007. If the benefit were to come in at a cost close to the current 3% @ 55 benefit, the parties can implement the enhancement with the California Public Employees Retirement System(CalPERS). In the unlikely event this was to occur,the retiree medical contribution for future hires would be reduced. The current contract with the Fire union was scheduled to expire on December 31, 2004. The term of the combined contract is for four years and will expire on December 31, 2007. ATTACHMENTS: Resolution Exhibit A- Comprehensive Tentative Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE TENTATIVE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND TOWN OF HILLSBOROUGH AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame and Town of Hillsborough and the International Association of Firefighters (IAFF) have met and conferred in good faith on the terms and conditions of employment as provided by State law; and WHEREAS, the City and the IAFF 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 the Association; and WHEREAS, the proposed changes are fair and in the best interests of the public and the employees represented by the Association, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The changes in existing salary of the employees represented by the International Association of Firefighters (IAFF) as contained in the Comprehensive Tentative Agreement hereto are approved. 2. The City Manager is authorized and directed to execute the terms contained in the Tentative Agreement between the City of Burlingame, Town of Hillsborough and International Association of Firefighters (IAFF). MAYOR I, ANN MUSSO, 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 day of January, 2004, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK COMPREHENSIVE TENTATIVE AGREEMENT BETWEEN THE CITY OF BURLINGAME & TOWN OF HILLSBOROUGH AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS SALARY PLAN 1. Salary Increases Effective September 1, 2003, the City shall increase the Hillsborough Firefighter Salaries to bring them into line with the comparable salary step of Burlingame Firefighters. Effective September 1, 2003, the City shall increase by the Hillsborough Captain Salaries to bring them into line with the comparable salary step of Burlingame Captains. Between November 1 and November 30 of each year the Union and City will meet to jointly conduct a benchmark salary survey. The salary survey will take into consideration the effective salaries for the first pay period of the coming year. If a surveying agency does not have a determined and/or approved salary for a benchmark classification for the coming year, the salary that is in effect on November 30'h when the survey is completed will be used for salary comparison purposes. The classification of Firefighter/Engineer or it's equivalent in each agency surveyed will be used as the benchmark classification. Any adjustment that results from the survey will apply to all classifications covered by this agreement. The Salary Survey shall reflect the cash compensation (examples include base salary, city-paid deferred compensation, education incentives, longevity incentives, EMT incentive, ALS support pay, and holiday pay) paid to ten (10) benchmark agencies (Palo Alto, Foster City, San Bruno, Redwood City, San Mateo, Menlo Park Fire District, South San Francisco, Daly City, South County, and Millbrae). In the event that non-cash benefits are compared to cash compensation benefits, a reasonable cash value will be assigned to the non-cash benefits. The Salary Survey will be conducted by obtaining the pay schedules and Memorandums of Understanding (including relevant side letters) from the benchmark agencies. The intent of this Salary Survey is to separate cash compensation from benefits (i.e. medical, dental, vision, life insurance, et cetera). Effective January 1 each year the City shall increase the base salary ranges by the amount necessary to place represented classifications equal to 3 d in the Salary Survey conducted the previous November. 2. FLSA In accordance with 7K exemption, non-exempt fire 56-hour personnel shall receive 1.5 hours additional pay per week(i.e. 3.0 hours of pay per bi-weekly pay period). 3. Ability to Pay If the City and/or Town's projected revenues for the following fiscal year are not sufficient to cover the expenditures, the contract may be re-opened prior to November 1 of each year relative to salary increases upon the request of the City. In the event the contract is re-opened and an agreement not reached relative to salary adjustments by November 30 of each year, the City shall increase all salary ranges by the April-to-April CPI for Urban Wage Earners Index (CPI-U) for the San Francisco-Oakland-San Jose area with a minimum increase of 1% and a maximum increase of 3%. Under no circumstance shall such an increase granted under this provision place the unit higher than 3'd in the salary survey market. STAFFING 1. Staffing Level A minimum of three (3) full time suppression personnel shall be assigned to each company placed in service. From the date of ratification and Council approval of this agreement through the end of FY 2004-2005, the Fire Department shall have a minimum of four (4) full time suppression personnel assigned to each truck company placed in service. The City intends to staff the truck company with four (4) full time suppression personnel. If after FY 2004-2005, economic conditions are such that the City is unable to staff the apparatus accordingly,the City agrees to meet and confer with the Union on staffing changes and the impact such changes will have on the Union. The Chief shall post the daily minimum staffing level policy in a conspicuous place. The posting shall include the number of companies, ALS status and company staffing levels. For the purposes of this section, the term "assigned" shall mean participation in a group of employees who respond to all calls for service as a company. In the event that the City chooses to provide emergency response services that are not in existence at the time this agreement is implemented (e.g. ambulance transport, special rescue, etc.) the City and the Union will meet and confer on the details of the program and the impact the service will have on the unit. 2. Staffing Guidelines The Staffing Procedure shall be placed in the Policy Manual and be subject to change by mutual agreement. RETIREMENT 1. Retirement Program In the event the City does not agree to contract for the 3% @ 50 benefit per section 32.12 of this agreement then effective July 1, 2007, the City shall maintain a contract with the Public Employee's Retirement System for retirement benefits based upon the 3% @ 55 Local Safety Plan(GC Section 21362.2). Effective July 1, 2004 the City shall maintain Credit for Unused Sick Leave. The employee can elect to convert any unused sick leave to service credit upon retirement (2,000 hours of sick leave equals one year of service credit) (GC Section 20965). Effective July 1, 2004 the City shall maintain Cancellation of Payment for Optional Service Credit Upon Retirement for Industrial Disability (GC Section 21037) The City shall maintain 1957 Survivor Benefits. Effective December 30, 2001, the City shall maintain Fourth Level of 1959 Survivor Benefits(GC Section 21574). The City shall maintain Post-Retirement Survivor Allowance (GC Section 21624, 21626 and 21628) continuance level of one-half (1/2) of retired member's unmodified allowance payable to surviving spouses, which upon the death of a retiree will not cease upon remarriage of the surviving spouse (GC Section 21635). The City shall maintain One-Year Final Compensation(GC Section 20042). Effective December 28, 1992, employees' PERS contributions shall be administered in accordance with IRS Code Section 414(h)(2); the employee shall pay the nine percent (9%) employee contribution. Effective December 30, 2001, the City shall maintain Military Service Credit as Public Service (GC Section 21024). The City shall maintain Prior Service Credit (GC Section 20055) The City shall maintain Retired Death Benefit ($500) (GC Section 21620). The City shall maintain Death Benefit Continues, death benefits will continue to be paid to the spouse of a member who died prior to retirement should the spouse remarry(GC Section 21551). 2. 3% na 50 Benefit Enhancement As soon as actuarial data is available from Ca1PERS for July 1, 2007 retirement benefits, the City will order an actuarial evaluation for the 3% @ 50 benefit. If the 'Base Retirement Rate" of the 3% @ 50 benefit is equal to or less than the "Base Retirement Rate" as defined below, the agencies will implement the 3% @ 50 benefit effective July 1, 2007. The 'Base Retirement Rate" is calculated by adding the July 1, 2004 rate of the 3% @ 55 benefit for the City of Burlingame and Town of Hillsborough. The "Base Retirement Rate" is as follows: ➢ City of Burlingame 3% @ 55 rate= 35.650% ➢ Town of Hillsborough 3% @ 55 rate=23.144% ➢ Base Retirement Rate: (35.650%+23.144%) = 58.794% The 'Base Retirement Rate for the 3% @ 50 benefit will be determined by adding the rate of the 3% @ 50 benefit for the City of Burlingame and Town of Hillsborough. If the initial evaluation of July 1, 2007 shows the base retirement rate is higher than 58.794% and the Union does not opt to "purchase" the benefit, the City and Town will order cost evaluations for July 1 effective dates in subsequent years of the contract. If those evaluations show the rate to be less than 58.794%, the City and Town will amend for the 3% @ 50 benefit effective the following July 1. The Union will have the option to purchase the benefit in each year as outlined in the Union Benefit Purchase Option outlined below. If the City and Town merge their respective Ca1PERS fire retirement accounts into one retirement contract with Ca1PERS, the parties will meet and confer on the impact such a retirement plan merger may have on the base retirement rate of future benefits and modify the formula accordingly. Union Benefit Purchase Option When the actuarial evaluations are received from Ca1PERS, the City and Town will meet with the Union and review the cost data. If the 3% @ 50 base retirement rate is no more than 5% higher than the 3% @ 55 "base retirement rate" the Union can elect to pay for one-half of the difference. Such payment will be deducted from salary and will be effective January 1 preceding the July 1 implementation date of the 3% @ 50 benefit. The following table illustrates the Union Benefit Purchase Option: 3% @ 55 Base 3% @ 50 Base Increase in Base Union Benefit Retirement Rate Retirement Rate Retirement Rate Purchase Cost (salary deduction) 58.794% 59.794% 1% .5% 58.794% 60.794% 2% 1% 58.794% 61.794% 3% 1.5% 58.794% 62.794% 4% 2% 58.794% 63.794% 5% 2.5% The percentage paid by the membership under the Union Benefit Purchase option will remain fixed and unchanged for a period of 3 years (36 months). Unless the City determines otherwise, the payment will be made on an after-tax payroll deduction. At the end of the 3 years (36 months), the City and Town will pay for the employer cost of the retirement plan. Any percentage of salary paid by the membership for the 3% @ 50 benefit will be added back to base salary when performing salary surveys per section 6 of this agreement. The deduction will be on an after-tax basis. 3. Retiree Medical Contribution Current employees and those hired prior to the implementation of the 3% @ 50 benefit will have a retiree medical contribution that equals the amount received by active employees of the Union. Employees hired on or after the date 3% @ 50 benefit is enacted with Ca1PERS will receive retiree medical contributions based on years of service with the fire department. The retiree medical contribution for employees that have a service retirement will be as follows: Years of Service Medical Contribution 0 - end of 9b year of Minimum monthly amount as governed by service the Ca1PERS Health System. 10 years to the end of the 50% of the lowest premium for employee 14 th year of service plus one dependent. 15 years to the end of the 75% of the lowest premium for employee 19th year of service plus one dependent. 20 years of service or 100% of the lowest premium for employee more plus one dependent. Employees hired after the implementation of 3% @ 50 and that have an industrial disability retirement will have a retiree medical contribution as follows: Years of Service Medical Contribution 0 - end of the 19th year of 75% of the lowest premium for employee service plus one dependent 20 years of service or 100% of the lowest premium for employee more plus one dependent SICK LEAVE ACCUMULATION& RETIREMENT 1. Sick Leave Accrual Effective upon ratification and Council approval of this Memorandum of Understanding all full-time 56-hour regular and probationary unit members shall accrue sick leave at the rate of one hundred and eighty (180) hours (seven and on- half (7.5) 24-hour shifts) per calendar year. All full time 40-hour regular and probationary unit members shall accrue sick leave at the rate of one hundred and twenty (120) hours per calendar year. There shall be no maximum limit on the number of hours of sick leave an employee can accrue. An employee who is on paid leave shall continue to earn sick leave credit. An employee who is on leave without pay shall not accrue sick leave credit. Sick leave shall accrue during an absence that is a result of occupational disability resulting from employer service. 2. Sick Leave Upon Retirement Upon death, full service retirement, or disability retirement, an employee shall be paid up to one-half(1/2) of 1200 hours of accumulated sick leave, up to a maximum payout of 600 hours for 56-hour work week employees, or up to one-half(1/2) of 860 hours of accumulated sick leave for 40-hour per week employees. Payment of unused sick leave hours shall be made at the employee's actual hourly rate of pay. HEALTH AND WELFARE 1. Medical Effective January 1, 2004 the city shall pay a maximum contribution of$795 per month towards the premium costs for eligible employees and their dependants to the insurance carrier for the plan selected by each employee, in accordance with the terms and conditions prescribed by the carrier. The maximum contribution of $795 per month represents the three party basic premium for Kaiser Health. During the term of the contract,the maximum city contribution to the employee's medical premium shall equal the three party basic premium for Kaiser. Should there be any changes to the availability of Kaiser the Union and City will mutually agree on a replacement plan. Retired employees shall receive the same maximum city contribution for medical premiums as active employees unless the retiree medical contribution has been modified by the implementation of the 3% @ 50 benefit per the terms of this agreement. 2. Flexible Health Spending Account (Section 125) During the term of this contract the City will provide a Flexible Medical Spending Account option, that employees may use to pay qualified medical expenses with pre-tax dollars. 3. Dental Effective January 1, 2004 the City agrees to pay $95 per month per employee for employee and dependant coverage. Between August 1 and August 31 of each year, the Union and City shall meet and confer on employee and dependant dental coverage benefits to be effective the following January. 4. Vision Effective January 1, 2004, employees shall be covered by the City of Burlingame Vision Care Reimbursement Plan. The City will contribute $10.00 monthly for each employee. Between August 1 and August 31 of each year, the Union and City shall meet and confer on vision coverage benefits to be effective the following January. TUITION REIMBURSEMENT The City will reimburse up to $2,000 per calendar year for department-approved tuition reimbursement expenses, conference registration fees, and job-related classes or course work. General education courses towards an Associate or Bachelors degree shall be considered job-related. EXPENSE REIMBURSEMENT If written prior approval has been obtained from the City, personal expenses incurred shall be reimbursed. These reimbursements shall be based on the most economical means of travel but if use of a personal auto is authorized, payment shall be at the rate of using the published Internal Revenue Service Standard for business miles at the time the expense was incurred, The cost of food at meetings shall be reimbursed. If required to stay overnight or nights, the City shall reimburse the employee for all lodging and necessary expenses. DEFERRED COMPENSATION The Union agrees to eliminate the$10 per pay period City contribution. CLOTHING ALLOWANCE 1. Annual Clothing Allowance Effective July 1, 2004 employees will receive $800 per fiscal year for clothing allowance. For any employee who leaves prior to the end of the fiscal year in which he/she has received such payment, the amount shall be prorated based on the percentage of the year worked, and the final paycheck adjusted accordingly. 2. It is understood that the City shall provide and maintain all employees with required safety equipment. The city shall provide two (2) sets of structural firefighting turnouts (i.e. bunker boots, turnout pants, and coat) for each employee. As sets are replaced, each employee will retain their serviceable turnouts as a spare. Any failure or refusal by any employee to care for and maintain a proper uniform or equipment shall be deemed cause for discipline. As a result of the additional cost for new uniforms in the combined services fire department, the City shall provide the following articles for each employee: one (1) class A jacket (double breasted) for Burlingame employees (Hillsborough employees already have them, six (6) t-shirts and any other required devices or materials. LONG TERM DISABILITY The Union agrees to continue to pay Long-Term Disability Premiums. Each employee shall pay his or her own premium by means of a payroll deduction. The parties agree to remove the $15 premium amount reported on the salary survey. EMERGENCY CALL-BACK AND SPECIAL EVENTS OVERTIME The rate of pay for such Emergency Call Back and Special Events shall be based on one and one half(1-1/2)times the employee's regular rate of pay. A minimum of four(4) hours of overtime shall be paid for each emergency call back or special event Emergency Callback is defined as recall of personnel in addition to the normal on- duty staffing for an emergency, e.g. fire, flood, storm, etc. Special Event Details are defined as events that the Fire Chief or his or her designee requires fire personnel to standby and monitor. EDUCATION INCENTNE 1. Education Pay The educational provisions apply to all employees covered under this Memorandum of Understanding. Effective July 1, 1973, the education increment shall be considered as wages for the purposes of computing overtime and holiday pay. 2. EMT Employees shall maintain certification as EMT. Effective January 1, 2001 the base salary range as indicated in Appendix A-I shall be increased by 3.5%. EMT Certificate The City will provide on-duty training for such Emergency Medical Training(EMT) and defibrillator recertification. No educational benefits will be lost by an employee in the event that recertification classes cannot be scheduled before employee's certification expires. 3. Paramedic Educational Incentive Paramedics with state certification shall receive 2.5%education incentive. 4. Educational Incentive Plan The following-mentioned college credits must have been earned at or accepted by an accredited California school, college, or university in the field of fire science or related subject leading to an A.S. or A.A. degree in Fire Science, subject to approval of the Fire Chief. Employees who have completed eighteen (18) months of service and 15 college units (12 of which must be in Fire Science) plus certification as EMT I shall receive 2.5%additional pay. Employees who have completed either three(3) years of service and 30 college units (24 of which must be in Fire Science), or eighteen (18) months and 60 units, plus certification as EMT I shall receive 5.0% additional pay. Employees who have completed five(5) years of service and 30 college units (24 of which must be in Fire Science), or four (4) years and 60 units, or eighteen (18) months and 120 units plus County certification as EMT I shall receive 7.5% additional pay. Total education pay is cumulative up to 10% (including EMT-P education incentive). SPECIALIST 1. EMS Division The Union and City shall mutually agree on a process to reduce EMS Division employees from the current seven(7) to three(3) unit members as a result of the fire departments merging. 2. Specialist Assignment Pay Effective January 1, 2004, specialist pay for the following assignments shall be five percent (5%) of base pay: Shift Fire Inspector, Paramedic Field Training Officer (FTO) and SCBA Technician. Should other special assignments be authorized during the term of this agreement, such assignment(s) shall receive the differential above regular pay while assigned to perform such duties. 3. Fire Inspector Effective January 1, 2004, Fire Inspectors shall receive specialist pay in the amount of five percent(5%) of base pay. 4. Assistant Mechanic Effective January 1, 2004, Assistant Mechanics shall receive specialist pay in the amount of five percent(5%) of base pay 5. Assistant Mechanics' Special Pay for Outside Work Effective January 1,2004 Assistant Fire Mechanics that work on outside equipment for other agencies shall receive an additional three and one-half percent(3.5%). This special pay may be discontinued if the servicing of outside equipment is discontinued by the City. 6. Head Mechanics' Special Pay for Outside Work The Head Mechanic that works on outside equipment for other agencies shall receive $230 per month until such time as the Head Mechanic is eligible to participate in a citywide performance bonus program. 7. Specialist Prog am A policy document will be developed by 02/28/04 to cover the following items: Positions The following specialty positions are recognized: Shift Fire Inspector,Paramedic Field Training Officer(FTO), and SCBA Technician. The specialists are to be assigned as follows: Shift Fire Inspector—56-hour, 3 positions Paramedic FTO—56-hour, 3 positions SCBA Technician—56-hour,2 positions Job Descriptions An up-to-date inventory of all JPA specialist positions shall be developed and maintained. Minimum Qualifications The following minimum qualifications shall be required to be eligible for the specialty positions: Shift Fire Inspector—3 years with JPA(Hillsborough FD or Burlingame FD),2 Level 1 Fire Prevention Classes (I A, 1 B or 1 C), and Fire Investigation 1 A Paramedic FTO—3 years with JPA(Hillsborough FD or Burlingame FD), San Mateo County accreditation, must obtain pre-ceptor status,within I year must obtain EMT-1 instructor, Instructor IA& I B. SCBA Technician—3 years with either Hillsborough FD or Burlingame FD). Testing Procedure Testing for specialty positions shall be conducted on a bi-annual basis. In the event the eligibility list is exhausted and there is an open specialist position that needs to be filled, a test will be conducted. The testing procedure shall be published and available to all Union members. Duration of Service The term for specialist assignments shall be a three-year(3)rotational position. For the positions of Shift Fire Inspector and Paramedic FTO one(1) of the assigned specialist shall be rotated out each year. The term of the SCBA Technicians shall be three(3) years. PARAMEDIC PROGRAM 1. Paramedic Proar Firefighter/Paramedics assigned to ALS service (maximum 27, minimum 24) shall receive specialist pay equal to 6% of E step firefighter rate. Firefighter/Paramedics may request to de-certify as assigned Paramedics if it will not bring the total number of Firefighter/Paramedics below the minimum of 24. Captain/Paramedics shall not normally be assigned to ALS service or be included in the maximum authorized number of 27 Firefighter/Paramedics. Captain/Paramedics who maintain county certification shall receive specialist pay equal to 6% of step E Firefighter rate. Captain/Paramedics shall be required to provide ALS service when there is an insufficient number of Firefighter/Paramedics on duty. In the event staffing levels are high enough that there is not a need to hire back personnel AND there are not enough Firefighter/Paramedics on duty to meet the requirement of one Paramedic per ALS company, on duty Captain/Paramedics shall be used to meet the one Paramedic per ALS company requirement. To meet daily staffing needs on duty Firefighter/Paramedics shall be moved as necessary. To meet staffing needs due to long-term vacancies Firefighter/Paramedics shall be reassigned to maintain a balance between the shifts and provide one Firefighter/Paramedic per ALS company. During the bidding process, Captain/Paramedics will not be considered as filling the Paramedic requirement of one Paramedic per ALS company. 2. Paramedic Training The City will pay for or provide continuing education for paramedics (48 hours of CE every two years) and state recertification fees. Each paramedic will receive a minimum payment of 24 hours of overtime for continuing education on July 1 of each year, unless the continuing education is provided by the City or JPA agreement on duty. The City agrees to pay for paramedic training of current members to fill open Firefighter/Paramedic positions at the discretion of the City. New and existing employees that wish to enter the Paramedic Program,who possess the minimum qualifications to work as a Paramedic in San Mateo County, may do so if space is available. Positions will be granted on a seniority basis. LEAVE PROGRAM 1. 40 Hour Employee Vacation Schedule YEARS OF BI-WEEKLY ANNUAL HOURS ADDITIVE SERVICE ACCRUAL RATE OF VACATION AMOUNT Entry 3.69 96 5th anniversary 4.93 128 +40 10th anniversary 6.16 160 11th anniversary 6.16 160 +8 12th anniversary 6.16 160 +8 13th anniversary 6.16 160 +8 14th anniversary 6.16 160 +8 15th anniversary 7.39 192 +8 20th anniversary 8.62 224 +16 2. 56 Hour Employee Vacation Schedule YEARS BIWEEKLY ANNUAL ANNUAL FLOATING OF FLOATING PRE-SCHEDULE HOURS VACATION SERVICE ACCRUAL VACATION OF ADDITIVE RATE ALLOTMENT VACATION AMOUNT Entry 3.69 (4) 48 144 3rd Anniversary 3.69 48 144 +60 5th Anniversary 4.62 (5) 72 192 10th Anniversary 5.54 (6) 96 240 11th Anniversary 5.54 96 240 +12 12th Anniversary 5.54 96 240 +12 13th Anniversary 5.54 96 240 +12 14thAnniversary 5.54 96 240 +12 15th Anniversary 7.38 (8) 96 288 +12 20th Anniversary 9.23 (10) 96 336 +24 3. Vacation Scheduling The department will grant one (1) pre-scheduled slot and three (3) floating vacation slots per shift (to be filled, as needed, including the use of mandatory) and fill any additional leave requests by use of the voluntary list, as needed. 4. Floating Vacation Selection 1. The Floating Vacation Selection Process will commence immediately following Pre-Scheduled Vacation Selection. 2. Three (3) employees, per shift, shall be allowed to select vacation during the Floating Vacation Selection Process. 3. The scheduling of vacation will be done on a department seniority basis. 4. The four holidays (Easter, Thanksgiving, Christmas Eve, and Christmas) can be and will be approved if there are available volunteers to cover the shifts. 5. Each pick must consist of consecutive shifts. 6. The department member conducting the vacation selection will continue through the process until all members indicate they do not wish to select any more shifts. 5. Vacation Selection Policy Review and update annual vacation selection document to reflect any changes. Create new document to describe process for taking leave during the year. 6. Vacation Scheduling Unit member shall be allowed to change scheduled vacation days if an opening exists on the vacation schedule, provided that the Chief or designee is given notice forty-eight (48) hours in advance of such proposed change. Unit members shall be allowed to change Pre-Scheduled vacation days if an opening exists on the Pre- Scheduled Vacation Calendar schedule, provided that the Fire Chief or designee is given notice forty-eight(48)hours in advance of such proposed change. 7. Comp Time policy for 40hr employees Upon employee request, 40-hour workweek employees shall be compensated for hours worked beyond their normally scheduled workweek with compensatory time off, in lieu of overtime. Compensatory time off shall be earned at a rate of one and one-half (1-1/2) times the hours worked. An employee's compensatory time off balance shall not exceed forty(40)hours at any given time. CATASTROPHIC LEAVE 1. Purpose To provide a means for employees to donate personal leave time to other fellow employees who are experiencing a catastrophic life event and are unable to work and have drained their own bank of leave time. 2. Procedure Leave credits may be transferred from one or more donating employees to another receiving employee under the following circumstances: 3. Receiving employee The receiving employee- or his/her immediate family member—has sustained a serious illness or injury expected to last 30 days or more, and the employee has exhausted, or is anticipated to exhaust, all his/her paid accrued leave. The receiving employee has requested participation in catastrophic leave in order to continue in pay status, and this request has been approved by the employee's department head, who may require medical verification of the condition and expected period of absence. Other employees have applied to donate vacation, compensatory time and/or holiday time to the employee, by submission of Catastrophic Leave Time Donation form. Donations must be in increments of four hours or more. The city will transfer such time from the donating employees, converting it to the receiving employee's sick leave balance on an hour-for-hour basis to be paid out at the receiving employee's pay rate. Transfer of such time will be irrevocable, except in the event of the untimely death of the receiving employee, in which case, donated time will be returned to donating employees on a last-donated, first returned basis. BEREAVEMENT LEAVE In the event of a death in the immediate family of an employee, absence from duty shall be allowed not to exceed seventy-two (72) consecutive hours. For the purposes of this rule, "immediate family" means father, mother, husband, wife, son, daughter, sister,brother,grandparents,mother-in-law, father-in-law, or domestic partner. In the event of the death of a relative not a member of the immediate family, absence from duty shall be allowed not to exceed twenty-four (24) consecutive hours. Special consideration will also be given to any other person whose association with the employee was similar to the aforementioned relationship. Such absences shall not be charged to sick leave. LONG TERM/FAMILY LEAVE 1. Sick Leave for Care of Family Employees may use sick leave for attendance upon a member of his or her immediate family seriously ill and requiring care of employee and/or visitation of the employee at the hospital. Sick leave may also be used for care for one's family when no one else is available and family member is seriously ill or incapacitated. Employee shall make arrangements for someone else to assume responsibility as soon as possible. If an employee has already used more than one-half of their annual accrual in a twelve-month period for family sick leave, the employee can use a maximum of three(3) consecutive calendar days for each additional occurrence. Birth of baby,hospital visits, and bringing baby home are chargeable to above. The immediate family shall consist of the employee's spouse, children, parents, brothers, sisters, grandparents, stepchildren and domestic partner. The employer shall grant such sick leave only for the purposes of sickness or disability as provided above when the relationship of the sick or disabled person to the employee warrants such use of accumulated sick leave. 2. Family Medical Leave Act(FMLA) and California Family Rights Act(CERA) Employees are entitled to twelve (12) weeks of Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) leave in a twelve (12) month period providing the employee meets the eligibility requirement of the leave(s). During this period, the employee may use accrued vacation or CTO to receive pay. If the employee is taking FMLA or CFRA to take care of the employee's own serious health condition, the employee may take accrued sick leave. During FMLA or CFRA leaves, the City is required to maintain benefit coverage for the employee, providing the employee pays any portion of the premium not covered by the City's premium contribution. Upon returning from FMLA or CFRA, the City is required to reinstate the employee to the same or equivalent position. In maternity leave situations, the City is required to comply with the all applicable pregnancy leave laws which can allow up to a maximum of four (4) months of disability leave in addition to any leave available through FMLA and/or CFRA. TRANSPOTATION SYSTEMS MANAGEMENT (TSM) 1. The TSM Program will be placed in the Policies and Procedures Manual 2. Purpose The department recognizes the negative environmental impacts on the region and community resulting from traffic congestion. The objective of this policy is to establish a TSM program for department employees which encourages the use of commute alternatives, flexible work hours, and has an overall participation goal of 25%. 3. Policy Personal commute assistance will be provided for department employees. This service includes ride-matching, transit schedules, bicycle routes, and establishing or maintaining car/van pools. Emergency transportation home is provided by the department to the extent possible, for employees using commute alternatives. An emergency is limited to illness or an accident occurring with the employee or a member of the employee's immediate family. The employee's supervisor will arrange for a driver and/or vehicle to transport the affected employee. New employees are briefed during their orientation about commute alternatives and the employee TSM program. General transportation information is provided employees through articles in the department newsletter, bulletin board displays, and flyers. 4. Incentives All full-time employees who participate in this program and who do not receive "commuter checks" from the department under the transit subsidy are eligible to receive time off under the following guidelines for their effort in helping our living environment. The following procedures apply: a. The employee who commutes by an alternate means of transportation (example: motorcycle, carpool, walking,bicycle) shall submit the appropriate form to his or her supervisor declaring the number of days the alternate transportation method was used in the past month. b. The supervisor, after reviewing the form, shall credit a non fire-shift employee with ten additional minutes of"TSM leave" for each day--up to a maximum of five days per year--an alternate means of transportation was used. A fire-shift employee shall be credited 30 minutes for each shift up to a maximum of 2.5 shifts. c. The total awarded of time will be forwarded to Human Resources on a TSM form no later than the 10th day of each month on a quarterly system (January, April, July, and October) with this additional leave credit appearing on the employees next paycheck leave summary as TSM leave. TSM leave shall have no cash value, and any unused leave shall lapse at the end of each fiscal year. A transit subsidy of up to $100 is provided employees who use the bus and/or train for their commute mode. The following guidelines apply to the subsidy: a. An employee must present proof of purchase of the transit tickets or passes (receipt or photocopy). c. Commute checks will be issued monthly with all required forms submitted no later than the 10th day of the following month. d. Transit users may opt for time in lieu of the subsidy payment. 5. Transportation Events Special transportation events and promotions will be offered to employees periodically to encourage the use of commute alternatives. 6. Flexible Work Hours The department offers flexible work hours to help meet the goals of the TSM Program. The following guidelines apply: When considering approval of a proposed work schedule modification, the department will analyze the schedule's effect on productivity, service, workflow, and the department's ability to meet the community's needs. Flexible work hours must be discussed with and approved by the employee's supervisor. The department will then review on a department basis flexible work hours and modified work week proposals submitted by employees as approved by their supervisors and department head. A minimum of one-half hour must be scheduled for a lunch break within flexible work hours. Nothing in this policy shall limit the department's authority to establish work schedules. 7. Program Termination The department reserves the right to amend, modify, or terminate this program at any time. SENIORITY 1. Definition of Seniority Seniority shall be determined by continuous service in the Fire Department calculated from the date of employment. Continuous service shall be broken by only unpaid leave of absence, unauthorized leave of absence, resignation, discharge or retirement. Employees with the same employment date shall be assigned to the seniority list in the order of their appointment. Seniority of Fire Captains The seniority within the rank of Fire Captain will be determined by the date the employee was promoted to the classification of Fire Captain. In the event two or more employees have the same date of promotion,their seniority will be determined by their order of appointment to the rank of Fire Captain. 2. Seniority Lists The department shall keep up-to-date seniority lists of all employees covered by this Agreement and post the seniority list in a conspicuous place. This provision is for the convenience of the parties and in case of any disputes concerning the accuracy of the posted list,the grievance procedure may be utilized. PROMOTION 1. Promotional Appointments Insofar as practicable and consistent with the best interests of the Service, all vacancies in higher positions shall be filled by promotional from within the Classified Service, after a promotional examination has been given and an eligibility list established. 2. Duration of Lists Each eligibility list shall remain in effect for a period of one(1) year. When deemed necessary and in the best interest of the Fire service, the Human Resources Director may keep the eligibility list in effect for an additional period not to exceed one year. A statement of the reasons for any such extension shall be entered in the records of the Human Resources Office. 3. Notification of Examination Results All applicants who complete the examination process for a position in a given classification shall be notified in writing relative to their passing or failing the examination process, and be advised of their scores and their individual ranking. They shall also be informed of the remaining steps and procedures,which may occur before final disposition on their applications. 4. Promotional Tests The department shall advise the Union on any revised test scoring for captain positions. TEMPORARY APPOINTMENTS When any classified position as specified in Section 1 of this agreement is to be filled and the eligibility list is exhausted, the Fire Chief may make a temporary appointment of a person who shall hold such appointment not longer that ninety(90) days in a 12 month period unless otherwise extended with approval of the City Manager of the department. The purpose of a temporary appointment shall be to allow time for an eligible list to be established. GRIEVANCE PROCEDURE 1. Definitions "Days" as used herein shall be days when the City Hall of the City of Burlingame is open for business. "Grievance" is any dispute over the interpretation or application of any provision of this Memorandum of Understanding, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights decision on wages, hours, and other terms and conditions of employment by any employee adversely affected thereby. "Grievant" is an individual employee and/or employee organization adversely affected by any dispute over the interpretation or application of any provision of this Memorandum of Understanding. 2. Steal Step 1-The grievant shall discuss the grievance with his/her immediate supervisor within ten (10) days of actual or constructive knowledge of the existence of the grievance. The immediate supervisor shall orally answer the grievance within two (2) days. Step 2 - If the grievant is dissatisfied with the immediate supervisor's answer and desires to pursue the matter, the grievance shall be submitted in writing to the Fire Chief or his/her designee within ten (10) after receipt of the immediate supervisor's oral answer. The written grievance must state the following: Name Classification Section or sections of Memorandum of Understanding allegedly violated Remedy sought Within ten(10) days of receipt of the written grievance,the Fire Chief or his/her designee will meet with the grievant to discuss the grievance. The Fire Chief or his/her designee shall give a written answer to the grievant within five(5) days after the date of the Step 2 meeting. Step 3 - If the grievance is not resolved at Step 2, it may be appealed to the City Manager of the Fire Department within ten (10) days after the receipt of the Step 2 answer. Said appeal shall be in the form of a written request to proceed to Step 3, along with the written grievance. The City Manager or his/her designee shall meet with the grievant to discuss the grievance. The City Manager or his/her designee shall give a written answer to the grievant within ten(10) days after the date of the meeting. Step 4 - If not satisfied with the decision at Step 3, the grievant, within ten (10) days after receipt of the Step 3 response, may request in writing that the grievance be submitted to mediation. The parties shall mutually agree to proceed with mediation within five(5) days after the receipt of the request by the grievant. The State Mediation and Conciliation Service shall be contacted to provide a mediator. Both parties must mutually agree to accept the mediator provided. In the event either party does not accept the provided mediator another name shall be requested. The mediator shall work with both parties to achieve a mutually acceptable settlement. The mediator shall be allowed to caucus with each party to explore settlement options. If no settlement occurs,the mediator can submit a written opinion on the likely outcomes if the case goes to arbitration. The mediator will have no power to add to, subtract from, change or modify any terms of this Agreement. The City shall give a written answer to the grievant within five (5) days after the end of mediation if no written opinion is forthcoming or within five (5) days after receiving the mediator's written opinion. Step 5 - If not satisfied with the decision at Step 4, the grievant, within ten(10) days receipt of the written decision at Step 4, shall inform the City, in writing, of its intent as to whether or not the grievance will be submitted to arbitration. An arbitrator shall be selected by mutual agreement. If no agreement can be reached within five (5) days of the notice, the parties shall request of the American Arbitration Association or the State Mediation and Conciliation Service a list of five (5)names of persons experienced in hearing grievances. Each party shall alternately strike a name until only one name remains. The order of strike shall be determined by lot. The decision of the arbitrator shall be final and binding upon all parties. The arbitrator will have no power to add to, subtract from, change or modify any terms of this Agreement. The fees and expenses of the arbitrator and each hearing shall be borne equally by the parties. If an individual pursues arbitration without the Union's participation, said individual shall share equally in the cost with the City. All other expenses shall be borne by the party incurring them. 3. Failure to Pursue Any failure by a grievant to pursue his/her grievance to the next step within the time limits shall be a voluntary abandonment of the grievance and the grievant shall not thereafter be entitled to pursue said grievance. The grievance will be deemed settled. Any failure by the City to respond within the time limits set forth shall entitle the grievant to pursue his/her grievance to the next step. 4. Representation A grievant shall be entitled to be represented by his/her Union and/or his/her attorney at any grievance meeting or discussion described in any one(1) of the steps of the grievance procedure; provided, however, in no event shall more than one (1) City employee, in addition to the grievant, attend such grievance meetings. The limitations of this Section shall apply to employees on paid release time and not to Union staff or witnesses who may be necessary to the grievance. Neither the grievant nor his/her representative shall suffer loss of pay for attending the meetings described in the steps of the grievance procedure. Except for grievance meetings described in the steps of the grievance procedure, neither grievant nor any representative of the grievant shall be entitled to use regular work time to process the grievance. 5. Other Procedures The grievance procedure set forth herein shall supersede and replace any other grievance or appeal procedures otherwise available to represented employees and are deemed sufficient to satisfy procedural due process requirements for such hearings and/or appeals. To the full extent permitted or allowed by State and Federal law,by submitting the grievance to arbitration,the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. Both the City and Union recognize that the decision rendered in the arbitration process is binding on all parties. DISCIPLINE 1. Notice Employees being disciplined shall be provided with a written notice of such action and given a reasonable amount of time to prepare a response and an opportunity to respond in person or in writing. 2. Suspension Without Pay The City Manager of the Fire Department may suspend without pay an employee from his/her position at any time for disciplinary purposes with just cause. Suspension without pay shall not exceed thirty (30) calendar days without confirmation by the department's governing board. Such suspension shall be in accordance with applicable State and Federal laws. The employee shall be entitled to appeal the action in accordance with the grievance procedure of this Agreement. 3. Demotion No permanent employee shall be demoted for disciplinary reasons without just cause, and no employee shall be demoted to a position for which he/she does not possess the necessary skills as determined by the minimum qualifications and job specifications for the position. The City shall give written notice of demotion to the employee ten (10) days before the effective date of the demotion. The employee shall be entitled to appeal the action in accordance with the grievance procedure of this Agreement. 4. Dismissal A permanent employee may be discharged for just cause. Such discharge shall be in accordance with applicable State and Federal laws. The employee shall be entitled to appeal the action in accordance with the grievance section of this Agreement. No employee shall be suspended or discharged without first receiving a warning, except in cases where such warnings are not considered part of a progressive system of discipline. LAYOFF AND RE-EMPLOYMENT 1. Layoffs Impacting Permanent Employees Permanent employees may be laid off, without prejudice, due to lack of funds or curtailment of work. No permanent employee, however, may be separated while there are temporary employees serving in the same class or position in the City service,unless that employee has been offered the temporary work. 2. Layoff and Re-Employment When a department head is instructed by the City manager to reduce the number of employees, layoff shall be made in accordance with the following rules: Layoffs shall be by job classification according to reverse order of seniority as defined in the "Seniority" section of this. Fire Captains seniority will be determined by the Fire Captain seniority section of this agreement. The employee to be laid off may displace the least senior employee in the lateral or neat lower classification in which he/she previously held permanent status, provided the displaced employee has less total continuous department service. An employee may demote or transfer to a vacant position for which he/she possesses the necessary skills as determined by the minimum qualifications and job specifications for the position. The name of each employee laid off shall be entered on a Reemployment List in order of seniority for two(2)years. Former employees appointed from a reemployment eligibility list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits, and credit for years of service. However, such re-employed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off. The City further agrees to meet and confer with the Union and reach mutual agreement prior to said layoff concerning all ramifications of the proposed layoff VOLUNTARY DEMOTION AND RESIGNATION 1. Voluntary Demotion Employees may request a demotion for personal or professional reasons by submitting a written request to the Fire Chief. An employee must have previously held permanent status in the lower classification/rank to request a demotion. A voluntary demotion cannot be made unless there is a vacant position. 2. Resignation An employee wishing to leave the service in good standing shall file with the Fire Chief a notice of intention to leave the service. The written resignation shall state the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager, with a statement by the Fire Chief as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Once the resignation has been accepted in writing by the City Manager, it shall be irrevocable. MISCELLANEOUS AND CLEAN-UP OF EXISTING LANGUAGE 1. Mandatory Overtime on Holidays Double time will be paid to any personnel who are ordered to work (mandatory) overtime on the following four holidays: Christmas Eve, Christmas Day, Easter, and Thanksgiving. 2. No Discrimination The City agrees not to discriminate against any employee because of membership in the Union or because of any activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. No employee or candidate for employment shall be hired, promoted, demoted, or discharged, or in any way favored or discriminated against because of political opinion or affiliations, or because of race, creed, color, religious belief, age, sex, sexual orientation, marital status, or physical or mental disability which does not prevent an employee from meeting the minimum standards established. 3. Right of Employee to Retain Position When leave of absence with or without pay is granted, the employee shall be restored to the position or an equivalent position vacated by him or her at the expiration of his or her leave. PERSONNEL RULES 1. Meet and Confer on Personnel Rules The parties will meet and confer no later than September 30, 2004 on specific rules and regulations pertaining to personnel and employment rules and regulations not specifically contained in this MOU. 2. Interim Rules and/or Procedures: Until such time all policies are rewritten for the new JPA, agreement is to follow the Administrative Procedures for the City of Burlingame that cover such things as: ADA Harassment Hiring Process Workers' Compensation/Modified Duty Award System Affirmative Action Designation as Disaster Service Workers Alcohol/Drug Abuse Immigration Act Obligation/INS Compliance Leaving JPA Employ Injury Prevention Program Release of Information on Employees Employee ID Badges AMUBULANCE PROPOSAL In the event that the City chooses to provide ambulance transport service in the future,the City and the Union will meet and confer on the details of the program and the impact the ambulance transport service will have on the unit. DURABILITY OF AGREEMENT The terms of this agreement shall apply to the Union and also the City of Burlingame and the Town of Hillsborough, as separate jurisdictions. In the event the City and/or Town exercise their right to dissolve the limited joint powers authority governing the merged fire department the durability of agreement provision will apply. Only the specific terms of this agreement that requires clarification due to the dissolution of the merged fire department shall be subject to a negotiation process. In the event that the City and/or Town exercise their right to dissolve the limited joint powers authority governing the merged fire department, all employees that were previously employed by either of the entities shall return to their respective agency. Employees hired by the joint powers authority will be assigned to one of the agencies on the basis of seniority. Beginning with the highest seniority employee, one employee will be assigned to the first agency(the first agency chosen by random lot). The next employee on the seniority list will be assigned to the second agency. This alternating of assigning employees shall continue until the list of employees is exhausted or until all positions within the individual agency are filled. Any employee of the JPA that is not placed in an individual agency may be subject to layoff. TOTAL AGREEMENT This Memorandum of Understanding constitutes a full and complete agreement by the parties and contains all of the matters upon which the parties reached agreement. Any matter not contained in this Memorandum has not been agreed upon and, if raised in negotiations, was dropped by the party raising it as part of a good faith attempt to reach agreement. For a period of two (2) years following the ratification of this agreement, any item brought to the Fire Chief by the Union that directly impacts provisions hereto will be negotiated by mutual agreement. Other issues brought forward by either party that have been established or substantiated by past practice, prior written policies, procedures or guidelines, or other similar documentation, shall be discussed by the parties and the parties will meet and confer on any changes and/or their impact on the Unit. RECOGNITION Local 2400 of the International Association of Fire Fighters, hereinafter referred to as the "Union", is recognized as the majority representative, as provided in the City's Employer-Employee Relations Ordinance, for all employees assigned to the following classifications: Fire Fighter Fire Captains Fire Fighter Trainee Mechanic Fire Inspector 40 HOUR WORK SCHEDULE The regular workweek for employees occupying full time positions in classifications other than Fire Fighter,Mechanic, and Captain shall consist of forty(40)hours. The Fire Inspector assigned to the bureau will work on a four(4) day forty(40) hour work week and work under the Fire Marshal in the chain of command. TERM The term of this agreement is four (4) years, beginning on January 1, 2004 and expiring on December 31, 2007. Either party may initiate the Meet and Confer process for the next subsequent Memorandum of Understanding; the moving party shall notify the other party in writing no earlier than one hundred twenty (120) days prior to the expiration of this MOU. The Meet and Confer process shall begin no later than ninety(90) days prior to the expiration of this MOU. $2,667,852.30 Ck.No.92757-93263 Excludes Library Cks.92757-92786 RECOMMENDED FOR PAYMENT APPROVED FOR PAYMENT Payroll for December 2003 $2,212,444.25 Ck.No.156688-157008 INCLUDES ELECTRONIC FUNDS TRANSFERS PERS HEALTH PERS RETIREMENT FEDERAL 941 TAX STATE DISABILITY TAX STATE INCOME TAX PERS&ICMA DEFERRED COMP SECTION 125 DEDUCTION CD m m � as v � N S:\FINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS CITY OF BURLINGAME 01 -08-2004 WARRANT REG I ST ER PAGE 7 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 156,410 . 06 PAYROLL REVOLVING FUND 130 11 , 780 . 79 CAPITAL IMPROVEMENTS FUND 320 21 , 104 .32 WATER FUND 526 1 ,877. 76 SEWER FUND 527 191443 .43 SOLID WASTE FUND 528 4, 082 . 14 FACILITIES SERVICES FUND 619 16, 068.98 EQUIPMENT SERVICES FUND 620 12, 135 .90 INFORMATION SERVICES FUND 621 150.00 FIRE MECHANIC SERVICES FUND 625 24 .23 OTHER LOCAL GRANTS/DONATIONS 730 442 .43 TRUST AND AGENCY FUND 731 4,690 .71 UTILITY REVOLVING FUND 896 4, 321 . 15 DEBT SERVICE FUND 930 3 , 450 .30 TOTAL FOR APPROVAL $255 ,982 . 20 HONORABLE MAYOR AND CITY COUNCIL : THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 7 INCLUSIVE , AND/OR CLAIMS NUMBERED FROM 93202 THROUGH 93263 INCLUSIVE , TOTALING IN THE AMOUNT OF $255 ,982 . 20, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON . RESPECTFULLY SUBMITTED , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . ./ . . . FINANCE DIRECTOR DATE APPROVED FOR PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./ . . . / . . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 01/08/04 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93257 GSA MASTER SERIES INC. 23693 568.31 MISCELLANEOUS 568.31 619 64460 400 93258 SBC/MCI 23728 4,337.59 COMMUNICATIONS 16.44 101 66210 160 UTILITY EXPENSE 4,321.15 896 20281 93259 KEITH MARTIN 23788 87.37 MISC. SUPPLIES 12.50 101 66210 120 TRAVEL & MEETINGS 2.00 526 69020 250 MISC. SUPPLIES 24.89 619 64460 120 5130 MISC. SUPPLIES 32.48 619 64460 120 5110 MISC. SUPPLIES 6.50 619 64460 120 TRAVEL & MEETINGS 5.00 619 64460 250 TRAVEL & MEETINGS 4.00 620 66700 250 93260 UNIVERSAL BUILDING SERVICES 23941 13,479.01 MISC. SUPPLIES 228.01 101 68010 120 1112 CONTRACTUAL SERVICES 3,386.00 619 64460 220 5240 CONTRACTUAL SERVICES 1,885.00 619 64460 220 5110 CONTRACTUAL SERVICES 74.00 619 64460 220 5130 CONTRACTUAL SERVICES 355.00 619 64460 220 5170 CONTRACTUAL SERVICES 732.00 619 64460 220 5210 CONTRACTUAL SERVICES 3,856.00 619 64460 220 5180 CONTRACTUAL SERVICES 100.00 619 64460 220 5230 CONTRACTUAL SERVICES 1,967.00 619 64460 220 5130 CONTRACTUAL SERVICES 896.00 619 64460 220 5190 93261 NEXTEL COMMUNICATIONS 23946 427.52 COMMUNICATIONS 276.01 101 68020 160 2200 COMMUNICATIONS 151.51 619 64460 160 93262 IMEDD INCORPORATED 24550 1,740.80 TRAINING EXPENSE 348.16 101 66210 260 TRAINING EXPENSE 348.16 526 69020 260 TRAINING EXPENSE 696.32 527 66520 260 TRAINING EXPENSE 348.16 619 64460 260 93263 WILLIAM ALLAN 24582 1,352.00 MISCELLANEOUS 1,352.00 101 22546 TOTAL $255,982.20 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 01/08/04 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93247 PROVIDENCE PEST TERMITE 21947 717.00 PROFESSIONAL & SPECIALIZED S 42.00 619 64460 210 5170 PROFESSIONAL & SPECIALIZED S 85.00 619 64460 210 5180 PROFESSIONAL & SPECIALIZED S 42.00 619 64460 210 5160 PROFESSIONAL & SPECIALIZED S 42.00 619 64460 210 5150 PROFESSIONAL & SPECIALIZED S 85.00 619 64460 210 5180 PROFESSIONAL & SPECIALIZED S 62.00 619 64460 210 5120 PROFESSIONAL & SPECIALIZED S 79..00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S 42.00 619 64460 210 5150 PROFESSIONAL & SPECIALIZED S 42.00 619 64460 210 5160 PROFESSIONAL & SPECIALIZED S 75.00 619 64460 210 5210 PROFESSIONAL & SPECIALIZED S 79.00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S 42.00 619 64460 210 5170 93248 JCC , INC. 22157 18,492.78 PROFESSIONAL & SPECIALIZED S 18,492.78 527 66520 210 93249 OFFICE DEPOT CREDIT PLAN 22216 986.50 OFFICE EXPENSE 986.50 101 65100 110 93250 THE MOBILE STORAGE GROUP 23138 190.00 PROFESSIONAL & SPECIALIZED S 190.00 526 69020 210 93251 OFFICE DEPOT 23153 411.02 OFFICE EXPENSE 411.02 101 68010 110 1101 _ 93252 SIERRA OFFICE SUPPLIES 23301 752.63 OFFICE EXPENSE 193.93 101 64200 110 OFFICE EXPENSE 25.63 101 64350 110 OFFICE EXPENSE 83.79 101 64150 110 MISC. SUPPLIES 185.16 101 66210 120 OFFICE EXPENSE 65.09 526 69020 110 MISC. SUPPLIES 137.33 526 69020 120 OFFICE EXPENSE 61 .70 619 64460 110 93253 BOISE CASCADE OFFICE PRODUCTS CO 23306 17.35 OFFICE EXPENSE 17.35 101 65200 110 93254 COMMUNITY HEALTH CHARITIES 23414 40.00 EMPLOYEE CHARITY DEDUCTION 40.00 130 21060 93255 TAMMY MAK 23445 320.37 MISCELLANEOUS 320.37 101 64420 030 93256 CRESCO EQUIPMENT RENTALS 23470 102.30 MISC. SUPPLIES 73.07 101 66210 120 STREET RESURFACING EXPENSE 29.23 101 66210 226 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 01/08/04 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93235 METRO MOBILE COMMUNICATIONS 17402 221 .00 RADIO MAINT. 221 .00 101 65200 205 93236 ANG NEWSPAPERS 19083 106.87 PROFESSIONAL & SPECIALIZED S 106.87 101 64400 210 93237 POWER WASHING SERVICE 19564 4,036.00 PROFESSIONAL & SPECIALIZED S 4,036.00 528 66600 210 93238 CREATIVE INTERCONNECT 19768 228.36 CONTRACTUAL SERVICES 228.36 101 65200 220 93239 EL CAMINO CHARTER LINES INC 20105 816.06 MISC. SUPPLIES 816.06 101 68010 120 1422 93240 BNY WESTERN TRUST COMPANY 20204 3,450.30 • BANK TRUSTEE SERVICES 3,450.30 930 66830 763 93241 HARDISON KOMATSU IVELICH & 20938 5,299.99 PROFESSIONAL & SPECIALIZED S 5,299.99 320 76010 210 93242 ESA ENVIRONMENTAL SCIENCE ASSOC 21160 4,690.71 DEPOSIT REFUND 4,690.71 731 22590 93243 CES 21210 133.14 MISC. SUPPLIES 133.14 101 64350 120 93244 KURT STEIL 21550 6,725.00 MISCELLANEOUS 6,725.00 101 22546 93245 ARAMARK UNIFORM SERVICES, INC. 21634 995.16 UNIFORMS AND EQUIPMENT 30.20 101 66240 140 UNIFORMS AND EQUIPMENT 244.14 101 66210 140 UNIFORMS AND EQUIPMENT 273.42 526 69020 140 UNIFORMS AND EQUIPMENT 244.10 527 66520 140 UNIFORMS AND EQUIPMENT 46.14 528 66600 140 UNIFORMS AND EQUIPMENT 94.04 619 64460 140 UNIFORMS AND EQUIPMENT 63.12 620 66700 140 93246 CINGULAR WIRELESS 21747 139.71 COMMUNICATIONS 139.71 101 65300 160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 01/08/04 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93223 WEST GROUP PAYMENT CTR. 03964 382.85 MISC. SUPPLIES 52.85 101 64350 120 PROFESSIONAL & SPECIALIZED S 330.00 101 64350 210 93224 LYNGSO GARDEN MATERIALS 09143 405.73 MISC. SUPPLIES 80.01 101 68020 120 2200 MISC. SUPPLIES 325.72 526 69020 120 - 93225 OCE'-BRUNING, INC. 09493 857.35 PROFESSIONAL & SPECIALIZED S 857.35 101 66100 210 93226 NOEL L. MILLER, INC, 09499 662.99 VEHICLE MAINT. 130.00 101 65200 202 SUPPLIES 532.99 620 15000 93227 ORCHARD SUPPLY HARDWARE 09670 1,394.03 - MISC. SUPPLIES 124.99 101 66210 120 MISC. SUPPLIES 363.55 101 68020 120 2200 SMALL TOOLS 132.03 101 66210 130 MISC. SUPPLIES 305.54 526 69020 120 MISCELLANEOUS 145.93 526 69020 233 TRAINING EXPENSE 12.47 526 69020 260 MISC. SUPPLIES 75.98 619 64460 120 MISC. SUPPLIES 151.85 619 64460 120 5240 MISC. SUPPLIES 81.69 619 64460 120 5130 93228 BARKER BLUE REPROGRAPHICS 09990 440.49 OFFICE EXPENSE 440.49 320 80760 110 93229 COUNTY OF SAN MATEO-ANIMAL CONTR 11305 115,898.00 CONTRACTUAL SERVICES 115,898.00 101 64560 220 93230 BAY AREA AIR QUALITY 14358 72.00 MISC. SUPPLIES 72.00 620 66700 120 93231 NDL COREN&CONE 14750 1,642.36 MISCELLANEOUS 1,642.36 101 30400 93232 VALLEY OIL CO. 15764 8,963.20 SUPPLIES 8,963.20 620 15000 93233 MOSS RUBBER & EQUIPMENT CORP. 16225 98.22 TRAINING EXPENSE 98.22 101 68020 260 2300 93234 LINHART PETERSEN POWERS ASSOC. 16599 13,960.58 MISCELLANEOUS 9,480.58 101 22515 MISCELLANEOUS 4,480.00 101 65300 010 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 01/08/04 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93214 BURLINGAME STATIONERS 01676 19.56 OFFICE EXPENSE 19.56 101 68020 110 2200 93215 CALIFORNIA PARK & RECREATION 01726 130.00 DUES & SUBSCRIPTIONS 130.00 101 68010 240 1100 93216 GRANITE ROCK COMPANY 02261 1,730.93 STREET RESURFACING EXPENSE 1,730.93 101 66210 226 93217 MILLBRAE LUMBER CO. 02898 521.02 MISC. SUPPLIES 19.68 101 66210 120 BLDG. & GROUNDS MAINT. 342.16 101 68020 190 2200 TRAFFIC CONTROL MATERIALS 19.32 101 66210 222 MISC. SUPPLIES 139.86 619 64460 120 5120 93218 P. G. & E. 03054 10.23 GAS & ELECTRIC 10.23 527 66520 170 93219 SBC 03080 106.64 OFFICE EXPENSE 106.64 101 65100 110 93220 TIMBERLINE TREE SERVICE, INC. 03760 15,363.84 CONTRACTUAL SERVICES 15,363.84 320 76350 220 93221 U S POSTAL SERVICE 03821 150.00 OFFICE EXPENSE 150.00 621 64450 110 93222 BURLINGAME REC. DEPT./PETTY CASH 03910 4,699.99 MISC. SUPPLIES 68.93 101 68010 120 1521 MISC. SUPPLIES 173.48 101 68010 120 1330 MISC. SUPPLIES 54.32 101 68010 120 1520 MISC. SUPPLIES 47.59 101 68010 120 1101 MISC. SUPPLIES 1,208.10 101 68010 120 1422 MISC. SUPPLIES 70.42 101 68010 120 1370 MISC, SUPPLIES 10.80 101 68010 120 1114 MISC. SUPPLIES 409.00 101 68010 120 1423 CONTRACTUAL SERVICES 144.00 101 68010 220 1331 CONTRACTUAL SERVICES 258.00 101 68010 220 1644 CONTRACTUAL SERVICES 435.00 101 68010 220 1645 DUES & SUBSCRIPTIONS 275.00 101 68010 240 1101 DUES & SUBSCRIPTIONS 448.00 101 68010 240 1100 DUES & SUBSCRIPTIONS 21.92 101 68020 240 2200 TRAVEL & MEETINGS 130.00 101 68010 250 1100 TRAVEL & MEETINGS 48.00 101 68020 250 2200 TRAINING EXPENSE 225.00 101 68020 260 2300 - TRAINING EXPENSE 230.00 101 68020 260 2200 MISC. SUPPLIES 352.43 730 69533 120 CONTRACTUAL SERVICES 90.00 730 69533 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 01/08/04 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93202 * BURLINGAME FIREFIGHTERS FUND 24518 4,050.00 MISCELLANEOUS 4,050.00 130 20016 93203 * BURLINGAME FIREFIGHTERS FUND 24519 64.00 UNION DUES 64.00 130 21080 93204 * BURLINGAME POLICE ADMINISTRATION 24520 220.00 MISCELLANEOUS 220.00 130 20024 93205 * BURLINGAME POLICE OFFICERS ASSN 24521 640.00 MISCELLANEOUS 640.00 130 20024 93206 * LINA 24522 5,250.19 MISCELLANEOUS 255.06 130 20028 EMPLOYEE BENEFITS 4,995.13 130 20022 93207 * C.L.E.A. 24523 741.00 MISCELLANEOUS 741.00 130 20026. 93208 * TEAMSTERS #856 24526 455.00 UNION DUES 455.00 130 21091 93209 * TEAMSTERS UNION LOCAL 856 24528 320.60 EMPLOYEE BENEFITS 13.20 130 21015 MISCELLANEOUS 307.40 130 21092 93210 GRAYS PAINT, BURLINGAME 01025 345.93 MISC. SUPPLIES 69.19 101 66210 120 MISC. SUPPLIES 247.57 619 64460 120 5190 MISC. SUPPLIES 29.17 619 64460 120 5180 93211 ACE HARDWARE 01027 72.10 SMALL TOOLS 72.10 526 69020 130 93212 BURLINGAME AUTO SUPPLY 01507 3, 146.89 SMALL TOOLS 45.43 101 65200 130 EQUIPMENT MAINT. 10.92 101 68020 200 2200 GAS, OIL 8 GREASE 12.15 101 65200 201 VEHICLE MAINT. 445.34 101 65200 202 FIRE APPARATUS MAINT. 25.96 101 65200 203 TRAINING EXPENSE 82.27 619 64460 260 SUPPLIES 2,500.59 620 15000 FIRE APPARATUS MAINT. 24.23 625 65213 203 93213 BURLINGAME CHAMBER OF COMMERCE 01637 2,301.63 CONTRACTUAL SERVICES 2,301.63 101 64560 220 CITY OF BURLINGAME 12-31-2003 WARRANT REG I ST ER PAGE 8 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 119,617.07 CAPITAL IMPROVEMENTS FUND 320 38,870.92 WATER CAPITAL PROJECT FUND 326 3,100.58 WATER FUND 526 165,082.07 SEWER FUND 527 3,697.67 SOLID WASTE FUND 528 1,009.81 PARKING ENTERPRISE FUND 530 496.28 SELF INSURANCE FUND 618 48,288.69 FACILITIES SERVICES FUND 619 6,103.58 EQUIPMENT SERVICES FUND 620 1,060.76 INFORMATION SERVICES FUND 621 1,302.86 OTHER LOCAL GRANTS/DONATIONS 730 334.43 UTILITY REVOLVING FUND 896 77.54 TOTAL FOR APPROVAL $389,042.26 �4�00°�> vola C,e. (0110A,3_) B4, Hq.? .e� fe HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 8 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 93106 THROUGH 93201 INCLUSIVE,TOTALING IN THE AMOUNT OF $389,042.26, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, ..... ........... .../. ./. ................. ... . .. FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93193 ARTON CHAU 24674 350.00 MISCELLANEOUS 275.00 101 22525 MISCELLANEOUS 75.00 101 36630 93194 O'NEIL PRODUCT DEVELOPMENT INC. 24675 496.28 MISC. SUPPLIES 496.28 530 65400 120 93195 ROB EICHENSEHR 24676 925.00 MISCELLANEOUS 925.00 101 22546 93196 PECHETTE CONSTRUCTION 24677 3,615.00 CONTRACTUAL SERVICES 3,615.00 320 80480 220 93197 RUTAN & TUCKER LLP 24678 18,398.53 PROFESSIONAL & SPECIALIZED S 18,398.53 618 64520 210 93198 COLMA FIRE DISTRICT SOCIAL CLUB 24679 70.00 TRAVEL & MEETINGS 70.00 101 64100 250 93199 ALOHA BATTERIES 24680 739.44 EQUIPMENT MAINT. 739.44 101 65100 200 93200 RANDY DIEKMAN 24681 150.00 DEPOSIT REFUNDS 150.00 101 22520 93201 UNIVERSAL ENVIRONMENTAL INC. 24682 999.70 CONTRACTUAL SERVICES 999.70 326 80320 220 TOTAL $389,042.26 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 93177 GOODIN,MACBRIDE,SGUERI,RITCHIE & 24638 10,193.88 PROFESSIONAL & SPECIALIZED S 10,193.88 101 64350 210 93178 DIAMOND COMMUNICATIONS INC 24659 420.00 PROFESSIONAL & SPECIALIZED S 180.00 619 64460 210 5120 CONTRACTUAL SERVICES 240.00 619 64460 220 5120 93179 ALGAL ROOFING & INSULATION 24660 1,275.00 PROFESSIONAL & SPECIALIZED S 1,275.00 619 64460 210 5120 93180 PUBLIC SECTOR TRAINING SOLUTIONS 24661 1,400.00 TRAINING EXPENSE 1,400.00 101 64420 260 93181 SATURN INVESTMENT GROUP 24662 15,200.00 DEPOSIT REFUNDS 15,200.00 101 22520 93182 CHUCK TENNIES CONSTRUCTION 24663 300.00 DEPOSIT REFUNDS 300.00 101 22520 93183 C.C.I . 24664 4,352.00 DEPOSIT REFUNDS 4,352.00 101 22520 93184 UNI STRUCT ENGINEERING 24665 750.00 DEPOSIT REFUNDS 750.00 101 22520 93185 BRUCE THOMPSON 24666 300.00 DEPOSIT REFUNDS 300.00 101 22520 93186 NATIONAL SIGN & MARKETING 24667 300.00 DEPOSIT REFUNDS 300.00 101 22520 93187 CHARLES SCHEMBRI 24668 6,375.00 MISCELLANEOUS 6,375.00 101 22546 93188 STEVE MUSICH 24669 416.00 DEPOSIT REFUNDS 416.00 101 22520 93189 FERNANDO MAZA 24670 150.00 DEPOSIT REFUNDS 150.00 101 22520 93190 SELZEE INC 24671 150.00 DEPOSIT REFUNDS 150.00 101 22520 93191 A. GHIOZZI LANDSCAPE 24672 150.00 DEPOSIT REFUNDS 150.00 101 22520 93192 STEVE MARKULIN 24673 7,500.00 MISCELLANEOUS 7,500.00 101 22546 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93162 MCMILLAN ELECTRIC 23066 315.00 PROFESSIONAL & SPECIALIZED S 315.00 619 64460 210 5240 93163 PITNEY BOWES 23128 512.00 CONTRACTUAL SERVICES 512.00 101 65100 220 93164 BOISE CASCADE OFFICE PRODUCTS CO 23306 188.26 OFFICE EXPENSE 101.27 101 68010 110 1101 OFFICE EXPENSE 28.31 101 64250 110 OFFICE EXPENSE 58.68 621 64450 110 93165 WILCO SUPPLY 23333 101.64 MISC. SUPPLIES 101.64 619 64460 120 5180 93166 IBM CORPORATION 23425 54.15 EQUIPMENT MAINT. 54.15 101 65300 200 93167 TRINET CONSTRUCTION 23847 4,488.00 CONTRACTUAL SERVICES 4,488.00 320 79380 220 93168 SYSTEMS PAVING, INC. 23871 2,400.00 DEPOSIT REFUNDS 2,400.00 101 22520 93169 ELISE MILANO 24098 216.00 CONTRACTUAL SERVICES 216.00 101 68010 220 1645 93170 PETE HOWES HORTICULTURIST 24156 160.00 TRAINING EXPENSE 160.00 101 68020 260 2200 93171 COHEN & JACOBSON 24416 2,687.02 PROFESSIONAL & SPECIALIZED S 2,687.02 101 64350 210 93172 EASYLINK SERVICES CORP 24430 6.71 COMMUNICATIONS 6.71 101 65100 160 93173 WEST SAY STUMP REMOVAL 24482 350.00 PROFESSIONAL & SPECIALIZED S 350.00 526 69020 210 93174 R.F. MACDONALD CO. 24580 1,585.27 PROFESSIONAL & SPECIALIZED S 765.27 619 64460 210 5240 PROFESSIONAL & SPECIALIZED S 820.00 619 64460 210 5180 93175 AT&T WIRELESS 24607 551 .10 COMMUNICATIONS 551.10 101 65200 160 93176 JOHN BOLOGNA 24628 168.00 CONTRACTUAL SERVICES 168.00 101 68010 220 1780 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93147 DON DORNELL 19617 334.43 MISC. SUPPLIES 334.43 730 69579 120 93148 WOODWORKER'S SUPPLY INC 19816 469.80 SMALL TOOLS 469.80 619 64460 130 93149 PENINSULA CORRIDOR JOINT 20060 3,860.00 RENTS & LEASES 1,286.66 101 66210 180 RENTS & LEASES 1,286.67 526 69020 180 RENTS & LEASES 1,286.67 527 66520 180 93150 AFFINITEL COMMUNICATIONS 20246 376.70 COMMUNICATIONS 376.70 621 64450 160 93151 DAPPER TIRE CO., INC. 20464 176.53 SUPPLIES 176.53 620 15000 93152 SPRINT PCS 20724 77.54 UTILITY EXPENSE 77.54 896 20281 93153 QUICK MIX CONCRETE 21140 1,055.55 MISC. SUPPLIES 1,055.55 101 66210 120 93154 CEB 21210 327.44 MISC. SUPPLIES 327.44 101 64350 120 93155 CIR 21211 1,864.50 CONTRACTUAL SERVICES 1,864.50 527 66520 220 93156 SPITERI 'S HARDWOOD 21360 1,675.00 BLDG. & GROUNDS MAINT. 1,675.00 101 68010 190 1111 93157 PUBLIC AFFAIRS MANAGEMENT 21986 1,622.99 PROFESSIONAL & SPECIALIZED S 1,622.99 326 80770 210 93158 DYER AND WHITE LLP 22172 980.00 PROFESSIONAL & SPECIALIZED S 980.00 101 64350 210 93159 THERMO ENVIRONMENTAL INST. 22324 1,009.81 PROFESSIONAL & SPECIALIZED S 1,009.81 528 66600 210 93160 JONES AND MAYER 22818 192.00 PROFESSIONAL & SPECIALIZED S 192.00 101 64350 210 93161 MIKE COFFEY 23009 531.54 TRAVEL & MEETINGS 531.54 101 64100 250 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93133 AIRBORNE EXPRESS 14958 23.91 OFFICE EXPENSE 23.91 101 65100 110 93134 ALL CITY MANAGEMENT 15595 3,455.40 CONTRACTUAL SERVICES 3,455.40 101 65100 220 93135 SYDNEY MALKOO 16347 46.54 SMALL TOOLS 46.54 620 66700 130 93136 MUNICIPAL MAINTENANCE 16629 143.86 SUPPLIES 143.86 620 15000 93137 ITRON 16913 867.48 CITY HALL MAINTENANCE 867.48 621 64450 200 93138 VIKING OFFICE PRODUCTS 17787 477.89 PROFESSIONAL 8 SPECIALIZED S 477.89 326 79400 210 93139 BAY AREA MOBILE GLASS INC 17901 293.95 MISCELLANEOUS 293.95 618 64520 604 93140 SELF INSURANCE PLANS 18051 12,296.38 CLAIMS ADJUSTING SERVICES 12,296.38 618 64520 225 93141 BAY ALARM 18854 359.25 CONTRACTUAL SERVICES 167.25 619 64460 220 5230 CONTRACTUAL SERVICES 192.00 619 64460 220 5180 93142 ANG NEWSPAPERS 19083 212.13 PUBLICATIONS 8 ADVERTISING 212.13 101 64200 150 93143 MINOLTA BUSINESS SYSTEMS 19131 518.93 EQUIPMENT MAINT. 518.93 101 65200 200 93144 IMAGEMAX, INC. 19145 1,184.90 MISCELLANEOUS 1,184.90 101 22518 93145 ARROWHEAD MOUNTAIN SPRING WATER 19330 37.82 MISC. SUPPLIES 37.82 620 66700 120 93146 WILSEY 8 HAM 19397 25,596.50 PROFESSIONAL 8 SPECIALIZED S 15,059.15 320 80880 210 PROFESSIONAL 8 SPECIALIZED S 2,394.00 320 80900 210 PROFESSIONAL 8 SPECIALIZED S 4,962.00 320 79380 210 PROFESSIONAL 8 SPECIALIZED S 242.25 320 78510 210 PROFESSIONAL 8 SPECIALIZED S 2,402.00 320 79380 210 PROFESSIONAL 8 SPECIALIZED S 537.10 320 80600 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93121 INFORMATION SERVICES DEPT. 03378 1,861.98 COMMUNICATIONS 18.14 101 65200 160 CONTRACTUAL SERVICES 1,843.84 101 65150 220 93122 THM & ASSOCIATES 03749 4,791.08 PROFESSIONAL & SPECIALIZED S 4,791.08 320 77190 210 93123 WEST GROUP PAYMENT CTR. 03964 52.85 MISC. SUPPLIES 52.85 101 64350 120 93124 RD OFFICE SOLUTIONS 09213 55.66 OFFICE EXPENSE 55.66 527 66520 110 93125 CITY OF MILLBRAE 09234 20,906.82 PROFESSIONAL & SPECIALIZED S 3,152.82 101 64350 210 CONTRACTUAL SERVICES 17,754.00 101 65200 220 93126 TESTING ENGINEERS, INC. 09270 360.00 PROFESSIONAL & SPECIALIZED S 360.00 320 80590 210 93127 ABAG - LIABILITY 09518 17,299.83 CLAIMS PAYMENTS 17,299.83 618 64520 601 93128 LEONA MORIARTY 09979 4,200.00 CONTRACTUAL SERVICES 4,200.00 101 68010 220 1644 93129 BARKER BLUE REPROGRAPHICS 09990 46.50 PROFESSIONAL & SPECIALIZED S 46.50 619 64460 210 5240 93130 CHIEF BILL REILLY 11568 1,977.28 OFFICE EXPENSE 73.55 101 65200 110 OFFICE EXPENSE 104.52 101 65500 110 MISC. SUPPLIES 75.92 101 65200 111 MISC. SUPPLIES 742.45 101 65200 120 UNIFORMS AND EQUIPMENT 145.00 101 65200 140 BLDG. & GROUNDS MAINT. 90.84 101 65200 190 DUES & SUBSCRIPTIONS 215.00 101 65200 240 TRAVEL & MEETINGS 50.00 101 65200 250 TRAINING EXPENSE 480.00 101 65200 260 93131 DAY-TIMERS, INC. 14411 28.12 MISC. SUPPLIES 28.12 527 66520 120 93132 ROYAL WHOLESALE ELECTRIC 14855 379.21 MISC. SUPPLIES 145.39 101 66240 120 MISC. SUPPLIES 233.82 619 64460 120 5130 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/31/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93106 BAYSHORE INTERNATIONAL TRUCKS 01236 130.08 SUPPLIES 130.08 620 15000 93107 BRENTON SAFETY, INC. 01400 450.86 MISC. SUPPLIES 394.84 527 66520 120 TRAINING EXPENSE 56.02 527 66520 260 93108 BROADWAY HARDWARE 01435 11.86 MISC. SUPPLIES 11.86 527 66520 120 93109 CALIFORNIA PARK & RECREATION 01726 130.00 DUES & SUBSCRIPTIONS 130.00 101 68010 240 1100 93110 GCS WESTERN POWER & 01857 225.90 SUPPLIES 225.90 620 15000 93111 CITY OF REDWOOD CITY 01862 163.75 EQUIPMENT MAINT. 163.75 101 64150 200 93112 D & M TOWING, INC. 02029 35.00 SUPPLIES 35.00 620 15000 93113 FEDERAL EXPRESS 02160 74.08 MISC. SUPPLIES 53.74 101 64400 120 CONTRACTUAL SERVICES 20.34 320 80970 220 93114 W.W. GRAINGER, INC. 02248 95.67 MISC. SUPPLIES 95.67 619 64460 120 5130 93115 K & W DISCOUNT LIGHTING & SUPP 02645 1,378.25 MISC. SUPPLIES 176.62 101 66240 120 PROFESSIONAL & SPECIALIZED S 650.58 619 64460 210 5120 PROFESSIONAL & SPECIALIZED S 551.05 619 64460 210 5130 93116 LAWSON PRODUCTS, INC. 02755 265.03 SUPPLIES 265.03 620 15000 93117 MEG MONROE 02936 1,686.58 MISCELLANEOUS 1,686.58 101 64400 031 93118 P. G. & E. 03054 19,780.92 GAS & ELECTRIC 19,780.92 101 66240 170 93119 ROSS RECREATION EQUIPMENT 03271 381.80 BLDG. & GROUNDS MAINT. 381 .80 101 68020 190 2300 93120 SAN FRANCISCO WATER DEPT. 03353 163,445.40 WATER PURCHASES 163,445.40 526 69020 171 CITY OF BURLINGAME 12-29-2003 WARRANT REG 1 ST ER PAGE 10 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 73,434.51 CAPITAL IMPROVEMENTS FUND 320 1,605.81 WATER CAPITAL PROJECT FUND 326 206,279.55 SEWER CAPITAL PROJECT FUND 327 182,856.40 WATER FUND 526 16,591.67 SEWER FUND 527 3,701.97 SOLID WASTE FUND 528 11,082.75 PARKING ENTERPRISE FUND 530 4.86 SELF INSURANCE FUND 618 226.54 FACILITIES SERVICES FUND 619 6,725.01 EQUIPMENT SERVICES FUND 620 450.63 INFORMATION SERVICES FUND 621 1,535.46 FIRE MECHANIC SERVICES FUND 625 3,766.47 UTILITY REVOLVING FUND 896 55,766.83 TOTAL FOR APPROVAL $564,028.46 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 10 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 92988 THROUGH 93105 INCLUSIVE,TOTALING IN THE AMOUNT OF $564,028.46, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, . ......... . . ......... . . . .......... .. .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT . . . . . . ..... . . . . ..... . . . . ....... .. . . . .../.../. . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93103 CENTER HARDWARE 24656 51 .88 MISC. SUPPLIES 51 .88 619 64460 120 5190 93104 HEWLETT PACKARD CO 24657 2,206.53 CONTRACTUAL SERVICES 2,206.53 101 65100 220 93105 HEWLETT PACKARD COMPANY 24658 3,230.99 CONTRACTUAL SERVICES 3,230.99 101 65100 220 TOTAL $564,028.46 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93089 FLORA ROSELET 24167 35.00 CONTRACTUAL SERVICES 35.00 101 68010 220 1521 93090 ERIC GATTMAN 24169 484.80 CONTRACTUAL SERVICES 484.80 101 68010 220 1521 93091 DOUG BELL 24189 125.00 PROFESSIONAL & SPECIALIZED S 125.00 326 79400 210 93092 BAYSIDE PRINTED PRODUCTS 24192 888.97 OFFICE EXPENSE 113.28 101 64350 110 OFFICE EXPENSE 75.52 101 64400 110 OFFICE EXPENSE 586.89 101 64250 110 OFFICE EXPENSE 113.28 101 66100 110 93093 CWS UTILITY SERVICES 24249 888.00 MISCELLANEOUS 888.00 526 69020 233 93094 88 PHOTO LAB 24279 39.99 OFFICE EXPENSE 39.99 101 68020 110 2300 93095 REGINA FERRIS 24301 160.00 CONTRACTUAL SERVICES 160.00 101 68010 220 1645 93096 ART OF CONSTRUCTION 24413 300.00 DEPOSIT REFUNDS 300.00 101 22520 93097 C.W. ROEN CO. 24474 182,606.40 CONTRACTUAL SERVICES 182,606.40 327 79480 220 93098 BAY AREA BANK 24490 17,038.50 CONTRACTUAL SERVICES 17,038.50 326 80770 220 93099 JACK'S AUTO TOP AND UPHOLSTERY 24505 101.91 FIRE APPARATUS MAINT. 101.91 625 65213 203 93100 IMEDD INCORPORATED 24550 226.54 MISCELLANEOUS 226.54 618 64520 234 93101 AT&T WIRELESS 24607 1,559.37 COMMUNICATIONS 749.08 101 65100 160 COMMUNICATIONS 53.72 101 64250 160 UTILITY EXPENSE 756.57 896 20281 93102 COUNTY OF SAN MATEO 24655 1,548.98 PROFESSIONAL & SPECIALIZED S 1,548.98 320 80520 210 - CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 93077 POWERPLAN 23335 441.74 EQUIPMENT MAINT. 441.74 101 68020 200 2200 93078 REPUBLIC ELECTRIC 23382 1,006.01 EQUIPMENT MAINT. 1,006.01 101 68010 200 1286 93079 RECALL- TOTAL INFORMATION MGMT 23411 75.60 MISCELLANEOUS 75.60 101 22518 93080 CULVER GROUP 23448 3,355.00 PROFESSIONAL & SPECIALIZED S 3,355.00 326 80770 210 93081 CHEM QUIP 23481 234.46 MISCELLANEOUS 234.46 526 69020 233 93082 ERLER AND KALINOWSKI,INC. 23531 31,805.69 PROFESSIONAL & SPECIALIZED S 1,065.81 326 80931 210 PROFESSIONAL & SPECIALIZED S 1,678.97 326 80720 210 PROFESSIONAL & SPECIALIZED S 14,891.50 326 80870 210 PROFESSIONAL & SPECIALIZED S 14,169.41 326 80722 210 93083 MCMASTER-CARR SUPPLY CO. 23611 50.68 MISC. SUPPLIES 50.68 619 64460 120 5130 93084 REFRIGERATION SUPPLIES DISTRIBUT 23639 1,940.55 MISC. SUPPLIES 82.23 619 64460 120 MISC. SUPPLIES 149.85 619 64460 120 5240 MISC. SUPPLIES 457.90 619 64460 120 MISC. SUPPLIES 325.13 619 64460 120 5130 MISC. SUPPLIES 130.60 619 64460 120 5110 PROFESSIONAL & SPECIALIZED S 498.95 619 64460 210 5180 PROFESSIONAL & SPECIALIZED S 295.89 619 64460 210 5240 93085 ATLAS TOWING 23684 290.00 FIRE APPARATUS MAINT. 290.00 625 65213 203 93086 SBC/MCI 23728 14.22 COMMUNICATIONS 14.22 101 65200 160 93087 DEPARTMENT OF JUSTICE 23905 1,312.00 MISCELLANEOUS 1,184.00 101 23620 PROFESSIONAL & SPECIALIZED S 128.00 101 64420 210 93088 UNIVERSAL BUILDING SERVICES 23941 677.49 MISC. SUPPLIES 154.95 101 68010 120 1114 MISC. SUPPLIES 522.54 101 68010 120 1111 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93062 ROBERTS AND BRUNE 22178 1,076.09 MISC. SUPPLIES 764.98 526 69020 120 MISC. SUPPLIES 311.11 527 66520 120 93063 CUMMINS-ALLISON CORPORATION 22194 348.42 EQUIPMENT MAINT. 348.42 101 64250 200 93064 MORI CONSULTANTS 22209 600.00 PROFESSIONAL 8 SPECIALIZED S 600.00 101 66240 210 93065 TOM MCGOVERN 22273 457.31 MISC. SUPPLIES 457.31 101 65300 120 93066 STEVE NELSON 22449 84.00 CONTRACTUAL SERVICES 84.00 101 68010 220 1780 93067 CSG CONSULTANTS 22465 5,665.00 OFFICE EXPENSE 5,665.00 101 65300 110 93068 SAN MATEO REGIONAL NETWORK, INC. 22759 520.00 UTILITY EXPENSE 520.00 896 20281 93069 BURLINGAME FAMILY PET HOSPITAL 22773 101.76 MISC. SUPPLIES 101.76 101 65100 120 93070 JAMES YARBOROUGH 22793 126.00 CONTRACTUAL SERVICES 126.00 101 68010 220 1780 93071 CALPELRA 22902 240.00 TRAINING EXPENSE 240.00 101 64420 260 93072 CPS 23005 832.25 PERSONNEL EXAMINATIONS 832.25 101 64420 121 93073 BILL REILLY 23046 710.05 TRAVEL 8 MEETINGS 710.05 101 65200 250 93074 PITNEY BOWES 23128 548.00 CITY HALL MAINTENANCE 548.00 621 64450 200 93075 JDH CORROSION CONSULTANTS, INC. 23184 13,741.51 CAPITAL EQUIPMENT 13,741.51 526 69020 801 93076 BOISE CASCADE OFFICE PRODUCTS CO 23306 194.77 OFFICE EXPENSE 56.06 101 68010 110 1101 OFFICE EXPENSE 37.31 101 66100 110 OFFICE EXPENSE 40.31 101 64400 110 OFFICE EXPENSE 51 .09 101 65200 110 1 l CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93048 QUICK MIX CONCRETE 21140 3,384.21 MISC. SUPPLIES 2,083.23 101 66210 120 MISC. SUPPLIES 1,300.98 527 66520 120 93049 ANN MOSSO 21178 649.76 OFFICE EXPENSE 400.35 101 64200 110 MISC. SUPPLIES 249.41 101 64100 120 93050 THYSSENKRUPP ELEVATOR-042 21240 1,800.00 CONTRACTUAL SERVICES 1,200.00 619 64460 220 5120 CONTRACTUAL SERVICES 600.00 619 64460 220 5110 93051 SPARTAN TOOL LLC 21329 51.96 MISC. SUPPLIES 51.96 527 66520 120 93052 FRANK WEBER 21344 75.00 CONTRACTUAL SERVICES 75.00 101 68010 220 1781 93053 CDW GOVERNMENT, INC. 21482 1,815.89 MISCELLANEOUS 945.80 101 64400 400 OFFICE EXPENSE 870.09 621 64450 110 93054 UNIVERSAL FLEET SUPPLY INC. 21543 171.41 FIRE APPARATUS MAINT. 171.41 625 65213 203 93055 FILTERFRESH COFFEE EXCELLENCE 21623 72.37 BLDG. & GROUNDS MAINT. 72.37 621 64450 190 93056 TRACY SIRI 21685 120.00 CONTRACTUAL SERVICES 120.00 101 68010 220 1645 93057 CINGULAR WIRELESS 21747 145.81 COMMUNICATIONS 145.81 101 66100 160 93058 TURBO DATA SYSTEMS, INC. 21767 5,932.23 MISCELLANEOUS 5,932.23 101 37010 93059 SAN MATEO COUNTY CONTROLLERS OFF 21897 14,086.50 MISCELLANEOUS 14,086.50 101 37010 93060 JIM STOCKWELL 22048 250.00 CONTRACTUAL SERVICES 250.00 101 68010 220 1781 93061 AT&T 22138 51.46 COMMUNICATIONS 22.15 101 65100 160 COMMUNICATIONS 29.31 101 66100 160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 93033 VERIZON WIRELESS MESSAGING SERV1 18763 88.24 COMMUNICATIONS 29.41 101 66240 160 COMMUNICATIONS 29.41 526 69020 160 COMMUNICATIONS 29.42 527 66520 160 93034 NATURCLEAN 18830 2,008.50 MISC. SUPPLIES 2,008.50 527 66520 120 93035 PREFERRED ALLIANCE 19025 237.60 PERSONNEL EXAMINATIONS 237.60 101 64420 121 93036 GOETZ BROTHERS 19045 478.03 MISC. SUPPLIES 410.49 101 68010 120 1780. MISC. SUPPLIES 25.98 101 68010 120 1785 MISC. SUPPLIES 41.56 101 68010 120 1781 93037 IMAGEMAX, INC. 19145 1,268.63 MISCELLANEOUS 1,268..63 101 22518 93038 BAY AREA BUSINESS CARDS INC 19588 24.90 OFFICE EXPENSE 24.90 101 65300 110 93039 BURLINGAME COMMUNITY THEATER 20074 2,265.25 CONTRACTUAL SERVICES 2,265.25 101 68010 220 1646 93040 AFFINITEL COMMUNICATIONS 20246 45.00 COMMUNICATIONS 45.00 621 64450 160 93041 LYNX TECHNOLOGIES 20501 250.00 PROFESSIONAL 8 SPECIALIZED S 250.00 327 75170 210 93042 ARLETTE PETERSON 20547 880.00 CONTRACTUAL SERVICES 880.00 101 68010 220 1349 93043 PHIL SCOTT 20550 450.00 TRAVEL 8 MEETINGS 450.00 619 64460 250 93044 JULIO MORAN 20564 176.00 CONTRACTUAL SERVICES 176.00 101 68010 220 1780 93045 SPORTS CHOICE 20845 554.78 MISC. SUPPLIES 554.78 101 68010 120 1780 93046 DELL MARKETING L.P. 20900 1,857.37 MISC. SUPPLIES 1,857.37 101 65500 120 93047 MELANIE MARANI 21132 368.04 CONTRACTUAL SERVICES 368.04 101 68010 220 1331 1 � � CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93018 PIP PRINTING 10620 56.83 CONTRACTUAL SERVICES 56.83 320 80970 220 93019 LEE STAMBOLIS 11361 175.00 CONTRACTUAL SERVICES 175.00 101 68010 220 1781 93020 PETERS-DE LAET, INC. 11589 95.05 SMALL TOOLS 95.05 101 65200 130 93021 RADIOSHACK CORPORATION 11749 37.32 OFFICE EXPENSE 32.46 526 69020 110 MISC. SUPPLIES 4.86 530 65400 120 93022 INTERSTATE BATTERY SYSTEM 13689 268.83 FIRE APPARATUS MAINT. 268.83 625 65213 203 93023 DOCUMENT PROCESSING SYSTEMS 13890 171 .00 EQUIPMENT MAINT. 171 .00 101 64250 200 93024 THE PAIGE COMPANY, INC. 14138 290.99 OFFICE EXPENSE 290.99 101 64250 110 93025 STANDARD BUSINESS MACHINES 14252 3,116.79 OFFICE EXPENSE 76.79 101 68010 110 1101 CONTRACTUAL SERVICES 3,040.00 101 68010 220 1101 93026 ROYAL WHOLESALE ELECTRIC 14855 1,237.86 PUMP EQUIPMENT REPAIR -129.36 101 66210 230 PROFESSIONAL 8 SPECIALIZED S 1,261.04 619 64460 210 SUPPLIES 106.18 620 15000 93027 VALLEY OIL CO. 15764 296.85 SUPPLIES 296.85 620 15000 93028 ACTION SPORTS 16167 359.93 MISC. SUPPLIES 359.93 101 68010 120 1781 93029 SYDNEY MALKOO 16347 47.60 SMALL TOOLS 47.60 620 66700 130 93030 LINDA HOECK 16390 2,280.00 CONTRACTUAL SERVICES 2,280.00 101 68010 220 1349 93031 LEE 8 ASSOCIATES 17568 281.10 FIRE APPARATUS MAINT. 281 .10 101 65200 203 93032 SHAW PIPELINE INC 17959 153,955.36 CONTRACTUAL SERVICES 153,955.36 326 80770 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 93002 DON PLAGMANN 03172 250.00 CONTRACTUAL SERVICES 250.00 101 68010 220 1781 93003 R & S ERECTION OF 03234 181 .86 PROFESSIONAL & SPECIALIZED S 181.86 619 64460 210 5240 93004 ROSS RECREATION EQUIPMENT 03271 367.01 BLDG. & GROUNDS MAINT. 367.01 101 68020 190 2200 93005 SAN MATEO UNION HIGH 03471 3,104.46 MISC. SUPPLIES 3,104.46 101 68010 120 1422 93006 SEQUOIA ANALYTICAL LABS 03536 1,190.00 PROFESSIONAL & SPECIALIZED S 1,190.00 528 66600 210 93007 WITMER-TYSON IMPORTS, INC. 03788 300.00 MISC. SUPPLIES 300.00 101 65100 120 93008 LINDSTROM CO. 09059 72.00 MISCELLANEOUS 72.00 101 31510 93009 TARGET SPECIALTY PRODUCTS, INC. 09112 526.05 MISC. SUPPLIES 526.05 101 68020 120 2200 93010 MUFFIE CALBREATH 09125 852.75 CONTRACTUAL SERVICES 852.75 101 68010 220 1891 93011 LIFE ASSIST 09392 1 269.54 MISCELLANEOUS -2.49 101 23611 SUPPLIES 272.03 101 65200 112 93012 SAN MATEO COUNTY SHERIFF'S OFC. 09433 3,030.00 PRISONER EXPENSE 3,030.00 101 65100 291 93013 SIERRA PACIFIC TURF SUPPLY 09459 32.48 MISC. SUPPLIES 32.48 101 68020 120 2200 93014 OLE'S 09626 35.70 FIRE APPARATUS MAINT. 35.70 625 65213 203 93015 INTERSTATE TRAFFIC 09790 210.00 MISC. SUPPLIES 210.00 101 66210 120 93016 ALERT DOOR SERVICE, INC. 10059 85.00 PROFESSIONAL & SPECIALIZED S 85.00 619 64460 210 5140 93017 TELECOMMUNICATIONS ENGINEERING A 10101 225.00 CONTRACTUAL SERVICES 225.00 101 65200 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/29/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 92988 ALPINE AWARDS, INC. 01052 86.06 MISC. SUPPLIES 73.61 101 68010 120 1781 MISC. SUPPLIES 12.45 101 66240 120 92989 BAYSHORE INTERNATIONAL TRUCKS 01236 2,898.62 FIRE APPARATUS MAINT. 2,898.62 625 65213 203 92990 BURLINGAME RECREATION DEPT. 01663 282.00 RECREATION EXPENSES 282.00 101 10700 92991 CORPORATE ENVIRONMENTS, INC., 01992 140.72 OFFICE EXPENSE 140.72 526 69020 110 92992 L. N. CURTIS & SONS 02027 145.02 FIRE APPARATUS MAINT. 145.02 101 65200 203 92993 EWING IRRIGATION PRODUCTS 02157 50.74 MISCELLANEOUS 50.74 101 68020 192 2200 92994 NATER/FINANCE PETTY CASH 02184 2,108.69 MISCELLANEOUS 2,108.69 896 20282 92995 W.W. GRAINGER, INC. 02248 2,011.14 - MISC. SUPPLIES 876.31 101 68020 120 2200 MISC. SUPPLIES 737.34 101 66240 120 MISC. SUPPLIES 397.49 526 69020 120 92996 GRANITE ROCK COMPANY 02261 1,211.04 SIDEWALK REPAIR EXPENSE 121..36 101 66210 219 STREET RESURFACING EXPENSE 727.04 101 66210 226 MISC. SUPPLIES 362.64 526 69020 120 92997 MACTEC ENGINEERING 02365 9,892.75 PROFESSIONAL & SPECIALIZED S 9,892.75 528 66600 210 92998 HEWLETT PACKARD 02457 614.74 CONTRACTUAL SERVICES 614.74 101 65100 220 92999 K & W DISCOUNT LIGHTING & SUPP 02645 1,212.96 MISC. SUPPLIES 308.96 101 66240 120 PROFESSIONAL & SPECIALIZED S 904.00 619 64460 210 5120 93000 P. G. & E. 03054 52,381.57 UTILITY EXPENSE 52,381.57 896 20280 93001 SBC 03080 99.65 COMMUNICATIONS 99.65 101 65100 160 CITY OF BURLINGAME 12-19-2003 WARRANT REGI ST ER PAGE 9 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 158,457.65 CAPITAL IMPROVEMENTS FUND 320 82,145.18 WATER CAPITAL PROJECT FUND 326 70,458.69 SEWER CAPITAL PROJECT FUND 327 43,752.77 WATER FUND 526 11,373.55 SEWER FUND 527 203,320.14 SOLID WASTE FUND 528 1,111.28 PARKING ENTERPRISE FUND 530 471.93 SELF INSURANCE FUND 618 8,917.00 FACILITIES SERVICES FUND 619 8,343.63 EQUIPMENT SERVICES FUND 620 911.18 INFORMATION SERVICES FUND 621 27,464.42 FIRE MECHANIC SERVICES FUND 625 75.67 TRUST AND AGENCY FUND 731 100,902.69 BURLINGAME TRAIN SHUTTLE PROGRAM 736 18,046.55 UTILITY REVOLVING FUND 896 2,457.33 TOTAL FOR APPROVAL $738,209.66 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 9 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 92879 THROUGH 92987 INCLUSIVE,TOTALING IN THE AMOUNT OF $738,209.66, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, ...... .... ............... . . . ...... . . . . ./. . -/. . . FINANCE DIRECTOR DATE APPROVED FOR PAYMENT ............. . . . . . . . . ...... . . ....... .../. . ./. . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92976 LEWIS WEIL 24643 111 .06 MISCELLANEOUS 111 .06 526 22502 92977 ROBERT GILLSON 24644 2,000.00 MISCELLANEOUS 2,000.00 101 22525 92978 JOE MCCONNELL 24645 1,950.00 MISCELLANEOUS 1,000.00 101 22525 MISCELLANEOUS 950.00 101 36630 92979 RICHARD UNSINN 24646 1,850.00 MISCELLANEOUS 850.00 101 36630 MISCELLANEOUS 1,000.00 101 22525 92980 INTERNATIONAL CODE COUNCIL 24647 275.91 MISC. SUPPLIES 275.91 101 65300 120 92981 SUNRISE CONSOLIDATED 24648 300.00 DEPOSIT REFUNDS 300.00 101 22520 92982 CITY CLERKS ASSOCIATION OF CALIF 24649 120.00 DUES 8 SUBSCRIPTIONS 120.00 101 64200 240 92983 SAL BARETTA 24650 63.86 MISCELLANEOUS 63.86 526 22502 92984 ALLAN AUTOMATIC 24651 2,250.00 DEPOSIT REFUNDS 2,250.00 101 22520 92985 LOVELLA DIAZ 24652 300.00 DEPOSIT REFUNDS 300.00 101 22520 92986 WARING CONSTRUCTION 24653 5,040.00 DEPOSIT REFUNDS 5,040.00 101 22520 92987 R C KNAPP 24654 493.84 MISCELLANEOUS 493.84 526 22502 TOTAL 8738,209.66 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92961 DEWEY SERVICES, INC. 23902 100.00 RAT CONTROL PROGRAM 100.00 101 66210 218 92962 MERRITT SMITH CONSULTING 23903 1,682.18 PROFESSIONAL & SPECIALIZED S 1,682.18 526 69020 210 92963 DUNBAR ARMORED 23925 1,235.07 BANKING SERVICE FEES 1,235.07 101 64250 120 92964 UNIVERSAL BUILDING SERVICES 23941 598.64 CONTRACTUAL SERVICES 39.45 619 64460 220 5240 CONTRACTUAL SERVICES 346.01 619 64460 220 5110 CONTRACTUAL SERVICES 213.18 619 64460 220 5240 92965 NEXTEL COMMUNICATIONS 23946 150.77 COMMUNICATIONS 150.77 619 64460 160 92966 DHS OCP 24000 570.00 TRAINING EXPENSE 570.00 526 69020 260 92967 CITICORP VENDOR FINANCE 24030 66.71 EQUIPMENT MAINT. 66.71 101 65200 200 92968 SPANGLE ASSOCIATES 24113 3,405.60 DEPOSIT REFUND 3,405.60 101 22590 92969 DOUG BELL 24189 10.81 PROFESSIONAL & SPECIALIZED S 10.81 320 79380 210 92970 JESUS NAVA 24204 293.75 MISCELLANEOUS 293.75 101 64250 031 92971 MONSTERTRAK 24594 225.00 PUBLICATIONS & ADVERTISING 225.00 101 64420 150 92972 DHS OCP 24639 160.00 MISCELLANEOUS 160.00 526 69020 233 92973 AT&T WIRELESS 24640 147.73 COMMUNICATIONS 147.73 101 66210 160 92974 ALBERT GUIBARA 24641 1,809.60 CONTRACTUAL SERVICES 1,809.60 320 80590 220 92975 KEN GIACOTTO 24642 350.00 TRAINING EXPENSE 350.00 101 65200 260 I-IN CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT ... Denotes Hand Written Checks 92948 TLC ADMINISTRATORS 23156 175.00 MISCELLANEOUS 175.00 101 64420 031 92949 CYBERNET CONSULTING, INC. 23234 9,885.00 PROFESSIONAL & SPECIALIZED S 2,767.80 320 79400 210 PROFESSIONAL & SPECIALIZED S 3,855.15 326 79400 210 PROFESSIONAL & SPECIALIZED S 3,262.05 327 79400 210 92950 BOISE CASCADE OFFICE PRODUCTS CO 23306 448.17 OFFICE EXPENSE 62.05 101 68010 110 1101 OFFICE EXPENSE 22.39 101 64420 110 OFFICE EXPENSE 363.73 101 68010 110 1101 92951 SAN FRANCISCO EXAMINER 23366 228.20 PROFESSIONAL & SPECIALIZED S 228.20 101 64400 210 92952 REPUBLIC ELECTRIC 23382 68,422.50 CONTRACTUAL SERVICES 68,422.50 320 80800 220 92953 HOME DEPOT 23384 1,082.81 SMALL TOOLS 64.84 527 66520 130 MISC. SUPPLIES 628.63 619 64460 120 MISC. SUPPLIES 140.45 619 64460 120 5240 MISC. SUPPLIES 62.42 619 64460 120 5140 MISC. SUPPLIES 186.47 619 64460 120 5180 92954 CANON FINANCIAL SERVICES, INC. 23436 1,573.15 CITY HALL MAINTENANCE 1,573.15 621 64450 200 92955 CULVER GROUP 23448 33,661 .70 PROFESSIONAL & SPECIALIZED S 33,661 .70 326 80770 210 92956 PAT SIMONS 23534 350.00 TRAINING EXPENSE 350.00 101 65200 260 92957 MCMASTER-CARR SUPPLY CO. 23611 466.69 MISC. SUPPLIES 372.31 619 64460 120 5130 SMALL TOOLS 94.38 619 64460 130 92958 SBC/MCI 23728 179.26 COMMUNICATIONS 179.26 101 65150 160 92959 DCE DESIGN,COMMUNITY & ENVIRONME 23784 16,315.47 PROFESSIONAL & SPECIALIZED S 16,315.47 101 64400 210 92960 INDUSTRIAL PLUMBING SUPPLY 23857 323.79 PROFESSIONAL & SPECIALIZED S 323.79 619 64460 210 5150 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92933 FILTERFRESH COFFEE EXCELLENCE 21623 275.00 BLDG. & GROUNDS MAINT. 275.00 621 64450 190 92934 MISSION VALLEY FORD 21675 42.29 SUPPLIES 42.29 620 15000 92935 CINGULAR WIRELESS 21747 84.94 COMMUNICATIONS 84.94 526 69020 160 92936 EXPRESS PLUMBING 22092 375.00 MISCELLANEOUS 225.00 101 36310 DEPOSIT REFUNDS 150.00 101 22520 92937 ROBERTS AND BRUNE 22178 883.04 MISC. SUPPLIES 883.04 526 69020 120 92938 UNDERGROUND CONSTRUCTION MANAGER 22305 25,544.45 PROFESSIONAL & SPECIALIZED S 25,544.45 327 80681 210 92939 PARKING COMPANY OF AMERICA 22500 18,046.55 CONTRACTUAL SERVICES 5,890.96 736 64570 220 CONTRACTUAL SERVICES 12,155.59 736 64571 220 92940 HELMIG CONSTRUCTION 22501 2,163.38 MISCELLANEOUS 2,163.38 526 36730 92941 UNIACKE CONSTRUCTION 22569 2,200.00 DEPOSIT REFUNDS 2,200.00 101 22520 92942 UNITED RENTALS 22736 427.87 PROFESSIONAL & SPECIALIZED S 427.87 619 64460 210 5120 92943 SAN MATEO DAILY JOURNAL 22804 1,132.50 MISCELLANEOUS 1,132.50 526 69020 233 92944 JENKINS/ATHENS INS 22851 8,917.00 CLAIMS ADJUSTING SERVICES 8,917.00 618 64520 225 92945 ALLIED IRON CO. 22855 10.37 MISC. SUPPLIES 10.37 101 66210 120 92946 IMAGISTICS INTERNATIONAL 22924 342.40 OFFICE EXPENSE 7.91 101 65100 110 CONTRACTUAL SERVICES 334.49 101 65100 220 92947 T. RANDOLPH GRANGE 23112 475.00 MISCELLANEOUS 475.00 101 22525 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 92920 ALL FENCE COMPANY, INC. 19710 5,020.00 RENTS & LEASES 2,510.00 526 69020 180 RENTS & LEASES 2,510.00 527 66520 180 - 92921 GE CAPITAL 20216 498.67 OFFICE EXPENSE 99.73 101 68020 110 2100 CONTRACTUAL SERVICES 398.94 101 68010 220 1101 92922 CONTROL MANUFACTURING CO., INC. 20421 52,077.60 PROFESSIONAL & SPECIALIZED S 4,322.44 320 79400 210 PROFESSIONAL & SPECIALIZED S 32,808.89 326 79400 210 PROFESSIONAL & SPECIALIZED S 14,946.27 327 79400 210 92923 FRANKLIN OFFICE SUPPLIES 20523 98.92 OFFICE EXPENSE 98.92 101 64420 110 92924 EIP ASSOCIATES 20526 84,327.26 DEPOSIT REFUND 84,327.26 101 22590 92925 GOLDEN STATE COMMUNICATIONS INC 20634 165.00 COMMUNICATIONS 165.00 526 69020 160 92926 QUICK MIX CONCRETE 21140 514.63 MISC. SUPPLIES 514.63 101 66210 120 92927 ESA ENVIRONMENTAL SCIENCE ASSOC 21160 2,621.73 DEPOSIT .REFUND 2,311.73 101 22590 DEPOSIT REFUND 310.00 731 22590 92928 PEEK TRAFFIC 21317 691.67 PROFESSIONAL & SPECIALIZED S 691 .67 101 66240 210 92929 THE BANK OF NEW YORK 21439 1,500.00 MISCELLANEOUS 1,500.00 101 32100 92930 CDW GOVERNMENT, INC. 21482 25.71 OFFICE EXPENSE 25.71 101 64250 110 92931 BASIN AZAR 21552 300.00 DEPOSIT REFUNDS 300.00 101 22520 92932 DU•ALL SAFETY 21613 4,512.50 TRAINING EXPENSE 1,353.75 101 66210 260 TRAINING EXPENSE 451.25 101 66240 260 TRAINING EXPENSE 1,353.75 526 69020 260 TRAINING EXPENSE 1,353.75 527 66520 260 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92905 ALL CITY MANAGEMENT 15595 2,764.32 CONTRACTUAL SERVICES 2,764.32 101 65100 220 92906 TEAM CLEAN 15827 269.16 CONTRACTUAL SERVICES 269.16 101 65200 220 92907 DOUBLETREE HOTEL 16247 979.19 LIBRARY EXPENSES 979.19 731 22531 92908 COMMUNITY GATEPATH 16575 47.44 PROFESSIONAL & SPECIALIZED S 47.44 101 66210 210 92909 LINHART PETERSEN POWERS ASSOC. 16599 5,040.00 MISCELLANEOUS 5,040.00 101 65300 010 92910 CINTAS CORP. #464 16911 620.84 UNIFORMS AND EQUIPMENT 620.84 101 68020 140 2200 92911 SAN MATEO CREDIT UNION 17428 1,180.37 LIBRARY--BOOKS AND MAPS 1,180.37 101 67500 129 92912 PENINSULA DIGITAL IMAGING 17534 1,104.70 MISC. SUPPLIES 971.75 320 80370 120 MISC. SUPPLIES 132.95 326 80770 120 92913 TECHNO COPIER SYSTEMS 17692 562.90 OFFICE EXPENSE 562.90 101 65200 110 92914 CALIFORNIA CHAMBER OF COMMERCE 18893 286.10 PUBLICATIONS & ADVERTISING 286.10 101 64420 150 92915 ACCESS UNIFORMS & EMBROIDERY 18990 665.34 UNIFORMS AND EQUIPMENT 408.79 101 66240 140 UNIFORMS AND EQUIPMENT 256.55 527 66520 140 92916 PRUDENTIAL OVERALL SUPPLY 19027 154.96 CONTRACTUAL SERVICES 154.96 101 65200 220 92917 ANG NEWSPAPERS 19083 106.58 MISC. SUPPLIES 106.58 101 64400 120 92918 POWER WASHING SERVICE 19564 5,861.28 PROFESSIONAL & SPECIALIZED S 1,111.28 528 66600 210 PROFESSIONAL & SPECIALIZED S 4,750.00 619 64460 210 5150 92919 BAY AREA BUSINESS CARDS INC 19588 24.90 OFFICE EXPENSE 24.90 101 65300 110 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 92893 TIMBERLINE TREE SERVICE, INC. 03760 3,840.28 CONTRACTUAL SERVICES - 3,840.28 320 76350 220 92894 SHERRY'S/WESTERN CERAMICS 09061 119.67 CONTRACTUAL SERVICES 119.67 101 68010 220 1644 92895 POM INC. 09248 471.93 MISC. SUPPLIES 471.93 530 65400 120 92896 BURLINGAME PUBLIC LIBRARY 09490 466.63 OFFICE EXPENSE 4.65 101 67500 110 MISC. SUPPLIES 105.82 101 67500 120 LIBRARY--BOOKS AND MAPS 177.41 101 67500 129 BLDG. & GROUNDS MAINT. 24.04 101 67500 190 MISCELLANEOUS 102.82 101 67500 235 TRAVEL & MEETINGS 22.74 101 67500 250 STAFF & MEETINGS 29.15 101 67500 252 92897 ORCHARD SUPPLY HARDWARE 09670 304.61 MISC. SUPPLIES 27.24 101 65200 111 MISC. SUPPLIES 161 .31 101 65100 120 BLDG. & GROUNDS MAINT. 15.95 101 65200 190 FIRE APPARATUS MAINT. 69.32 101 65200 203 FIRE APPARATUS MAINT. 30.79 625 65213 203 92898 INTERSTATE TRAFFIC 09790 1,449.53 MISC. SUPPLIES 1,449.53 101 66210 120 92899 AUGUST SUPPLY, INC 10256 647.12 MISC. SUPPLIES 647.12 101 65200 111 92900 DANKA OFFICE IMAGING CO 13758 1,647.19 OFFICE EXPENSE 1,647.19 621 64450 110 92901 A T & T 13940 336.78 COMMUNICATIONS 117.00 621 64450 160 UTILITY EXPENSE 219.78 896 20281 92902 STANDARD BUSINESS MACHINES 14252 131 .99 OFFICE EXPENSE 131 .99 101 68010 110 1101 92903 GOLDEN BAY CONSTRUCTION 14305 300.00 DEPOSIT REFUNDS 300.00 101 22520 92904 AIRBORNE EXPRESS 14958 24.46 _ OFFICE EXPENSE 24.46 101 65100 110 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/19/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92879 GRAY'S PAINT, BURLINGAME 01025 352.82 TRAFFIC CONTROL MATERIALS 8.64 101 66210 222 MISC. SUPPLIES 52.46 619 64460 120 5130 MISC. SUPPLIES 56.71 619 64460 120 MISC. SUPPLIES 25.41 619 64460 120 5180 MISC. SUPPLIES 11.90 619 64460 120 5230 MISC. SUPPLIES 66.49 619 64460 120 5120 MISC. SUPPLIES 131.21 619 64460 120 5150 92880 ALPINE AWARDS, INC. 01052 137.48 TRAINING EXPENSE 137.48 101 66240 260 92881 A-C CONTROL SERVICES 01061 198.30 PUMP EQUIPMENT REPAIR 198.30 101 66210 230 92882 BAYSHORE INTERNATIONAL TRUCKS 01236 44.88 FIRE APPARATUS MAINT. 44.88 625 65213 203 92883 GCS WESTERN POWER & 01857 607.70 SUPPLIES 607.70 620 15000 92884 CITY OF REDWOOD CITY 01862 23,852.08 COMMUNICATIONS 300.00 621 64450 160 CITY HALL MAINTENANCE 23,552.08 621 64450 220 92885 US FILTER OPERATING SERVICES 02110 199,135.00 CONTRACTUAL SERVICES 199,135.00 527 66530 220 92886 W.N. GRAINGER, INC. 02248 49.15 MISC. SUPPLIES 49.15 619 64460 120 5150 92887 PENINSULA BATTERIES 02625 261.19 SUPPLIES 261.19 620 15000 92888 K & W DISCOUNT LIGHTING & SUPP 02645 214.57 MISC. SUPPLIES 214.57 619 64460 120 5120 92889 PACIFIC NURSERIES 03041 51.42 MISC. SUPPLIES 51.42 101 68020 120 2200 92890 S8C 03080 2,237.55 UTILITY EXPENSE 2,237.55 896 20281 92891 KPMG LLP 03109 10,100.00 CONTRACTUAL SERVICES 10,100.00 101 64560 220 92892 SAN MATEO COUNTY CONVENTION & 03431 99,613.50 MISCELLANEOUS 99,613.50 731 22587 CITY OF BURLINGAME 12-11-2003 WARRANT REG 1 ST ER PAGE 8 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 105,932.52 CAPITAL IMPROVEMENTS FUND 320 18,063.31 WATER CAPITAL PROJECT FUND 326 32,652.14 SEWER CAPITAL PROJECT FUND 327 258,277.91 WATER FUND 526 265,089.55 SEWER FUND 527 461.94 SOLID WASTE FUND 528 1,610.00 PARKING ENTERPRISE FUND 530 238.08 SELF INSURANCE FUND 618 11,484.23 FACILITIES SERVICES FUND 619 15,258.57 EOUIPMENT SERVICES FUND 620 2,768.04 INFORMATION SERVICES FUND 621 810.22 FIRE MECHANIC SERVICES FUND 625 4,306.99 OTHER LOCAL GRANTS/DONATIONS 730 216.22 TRUST AND AGENCY FUND 731 7,620.00 - TOTAL FOR APPROVAL $724,789.72 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 8 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 92787 THROUGH 92878 INCLUSIVE,TOTALING IN. THE AMOUNT OF $724,789.72, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../. ./. .................... . .. FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... ./. ./. COUNCIL DATE ) ) CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92865 DEPARTMENT OF JUSTICE 23905 2,532.00 MISCELLANEOUS 2,532.00 101 23620 92866 UNIVERSAL BUILDING SERVICES 23941 13,177.00 CONTRACTUAL SERVICES 3,856.00 619 64460 220 5180 CONTRACTUAL SERVICES 100.00 619 64460 220 5230 CONTRACTUAL SERVICES 1,967.00 619 64460 220 5130 CONTRACTUAL SERVICES 355.00 619 64460 220 5170 CONTRACTUAL SERVICES 3,386.00 619 64460 220 5240 CONTRACTUAL SERVICES 896.00 619 64460 220 5190 CONTRACTUAL SERVICES 1,885.00 619 64460 220 5110 CONTRACTUAL SERVICES 732.00 619 64460 220 5210 92867 NEXTEL COMMUNICATIONS 23946 275.05 COMMUNICATIONS 275.05 101 68020 160 2200 92868 TRI STATE METER 24028 4,842.13 MISCELLANEOUS 4,842.13 320 80480 400 92869 QUILL 24090 314.16 OFFICE EXPENSE 314.16 621 64450 110 92870 ABE KIRSCHENBAUM 24136 450.00 TRAINING EXPENSE 450.00 619 64460 260 92871 COHEN & JACOBSON 24416 1,583.90 PROFESSIONAL & SPECIALIZED S 1,583.90 101 64350 210 92872 RANGER PIPELINES INC 24433 258,277.91 CONTRACTUAL SERVICES 258,277.91 327 80681 220 92873 RANA RESOURCES 24551 2,548.27 MISC. SUPPLIES 2,548.27 320 80600 120 92874 AT&T WIRELESS 24607 765.61 COMMUNICATIONS 765.61 101 65100 160 92875 WORLOPOINT ECC, INC. 24619 5.41 MISCELLANEOUS 5.41 101 22585 92876 ACS 911 VEHICLE.COM 24636 145.89 COMMUNICATIONS 145.89 101 65100 160 92877 KIDZ LOVE SOCCER, INC. 24637 2,152.50 CONTRACTUAL SERVICES 2,152.50 101 68010 220 1372 92878 GOODIN,MACBRIDE,SQUERI,RITCHIE & 24638 4,618.01 PROFESSIONAL & SPECIALIZED S 4,618.01 101 64350 210 TOTAL 8724,789.72 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92851 PITNEY BOWES 23128 512.00 CONTRACTUAL SERVICES 512.00 101 65100 220 92852 OFFICE DEPOT 23153 312.50 OFFICE EXPENSE 312.50 101 68010 110 1101 92853 CENTRAL PRECAST CONCRETE 23168 506.67 MISC. SUPPLIES 506.67 527 66520 120 92854 AT&T WIRELESS 23169 49.00 COMMUNICATIONS 49.00 101 65200 160 92855 SIERRA OFFICE SUPPLIES 23301 378.93 OFFICE EXPENSE 378.93 101 65300 110 92856 BOISE CASCADE OFFICE PRODUCTS CO 23306 445.73 OFFICE EXPENSE 57.89 101 64420 110 OFFICE EXPENSE 1.63 101 66100 110 OFFICE EXPENSE 196.33 101 65200 110 OFFICE EXPENSE 48.31 101 66100 110 OFFICE EXPENSE 141 .57 621 64450 110 92857 CULVER GROUP 23448 32,652.14 PROFESSIONAL & SPECIALIZED S 32,652.14 326 80770 210 92858 RON LITTLE 23461 728.20 TRAVEL & MEETINGS 728.20 101 68010 250 1101 92859 CRESCO EQUIPMENT RENTALS 23470 313.07 STREET RESURFACING EXPENSE 75.50 101 66210 226 MISC. SUPPLIES 237.57 526 69020 120 92860 MCMASTER-CARR SUPPLY CO. 23611 465.41 MISC. SUPPLIES 465.41 619 64460 120 92861 AT&T 23661 26.58 COMMUNICATIONS 26.58 621 64450 160 92862 SBC/MCI 23728 437.08 COMMUNICATIONS 420.65 101 65200 160 COMMUNICATIONS 16.43 101 66210 160 92863 MELISSA GINSBERG 23877 132.00 CONTRACTUAL SERVICES 132.00 101 68010 220 1646 92864 MERRITT SMITH CONSULTING 23903 2,247.50 PROFESSIONAL & SPECIALIZED S 2,247.50 526 69020 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 92836 CIR 21211 198.00 CONTRACTUAL SERVICES 198.00 527 66520 220 92837 CDW GOVERNMENT, INC. 21482 66.36 MISCELLANEOUS 66.36 101 64420 702 92838 UNIVERSAL FLEET SUPPLY INC. 21543 602.41 FIRE APPARATUS MAINT. 602.41 625 65213 203 92839 MONICA EHLERS 21627 198.00 CONTRACTUAL SERVICES 198.00 101 68010 220 1661 92840 AUTO DIESEL ELECTRIC INC. 21648 1,508.04 FIRE APPARATUS MAINT. 1,508.04 625 65213 203 92841 TRACY SIRI 21685 120.00 CONTRACTUAL SERVICES 120.00 101 68010 220 1645 92842 CINGULAR WIRELESS 21747 535.63 COMMUNICATIONS 417.02 101 66100 160 COMMUNICATIONS 118.61 101 65300 160 92843 VB GOLF LLC 21948 720.00 CONTRACTUAL SERVICES 720.00 101 68010 220 1784 92844 ALL PETROLEUM RECOVERY SERVICE, 22008 75.00 GAS, OIL & GREASE 75.00 101 65200 201 92845 OFFICE DEPOT CREDIT PLAN 22216 707.42 MISC. SUPPLIES 512.51 101 65100 120 EQUIPMENT MAINT. 194.91 101 65150 200 92846 ANZA ENGINEERING 22634 61,560.68 DITCH & CREEK CLEANING EXPEN 61,560.68 101 66210 223 92847 COLLEEN JONES 22673 65.00 CONTRACTUAL SERVICES 65.00 101 68010 220 1789 92848 TURF STAR 22682 152.45 SUPPLIES 152.45 620 15000 92849 IMAGISTICS INTERNATIONAL 22924 410.23 OFFICE EXPENSE 101.23 101 65100 110 CONTRACTUAL SERVICES 309.00 101 65100 220 92850 CRITICAL SOLUTIONS, INC. 23035 4,526.25 PROFESSIONAL & SPECIALIZED S 4,526.25 320 76010 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92821 HITECH SYSTEMS, INC. 15712 3,303.00 CONTRACTUAL SERVICES 3,303.00 101 65150 220 92822 MILLBRAE LOCK SHOP 15739 218.36 MISC. SUPPLIES 218.36 101 66210 120 92823 MOSS RUBBER & EQUIPMENT CORP. 16225 65.06 SUPPLIES 65.06 620 15000 92824 METRO MOBILE COMMUNICATIONS 17402 636.07 FIRE APPARATUS MAINT. 636.07 101 65200 203 92825 STANDARD REGISTER 17495 686.32 OFFICE EXPENSE 686.32 101 64250 110 92826 COLORPRINT DIGITAL 17497 81 .19 MISC. SUPPLIES 81.19 101 66210 120 92827 KELLEHER & ASSOCIATES 18239 4,445.76 PROFESSIONAL & SPECIALIZED S 4,445.76 618 64520 210 92828 ACCESS UNIFORMS & EMBROIDERY 18990 487.43 DUES & SUBSCRIPTIONS 423.41 101 64420 240 UNIFORMS AND EQUIPMENT 64.02 527 66520 140 92829 BURTON'S FIRE APPARATUS 19366 806.22 FIRE APPARATUS MAINT. 806.22 101 65200 203 92830 AFFINITEL COMMUNICATIONS 20246 327.91 COMMUNICATIONS 327.91 621 64450 160 92831 WEBCOR BUILDERS 20970 7,500.00 MISCELLANEOUS 7,500.00 731 22546 92832 RENEE RAMSEY 21136 1,000.00 CONTRACTUAL SERVICES 1,000.00 101 68010 220 1331 92833 QUICK MIX CONCRETE 21140 450.67 MISC. SUPPLIES 978.39 101 66210 120 MISC. SUPPLIES -527.72 527 66520 120 92834 ESA ENVIRONMENTAL SCIENCE ASSOC 21160 120.00 DEPOSIT REFUND 120.00 731 22590 92835 GUITTARD CHOCOLATE 21169 1,212.24 MISCELLANEOUS 1,212.24 526 22502 } ) CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92807 JEAN BUCKS 09019 869.25 CONTRACTUAL SERVICES 869.25 101 68010 220 1644 92808 LYNGSO GARDEN MATERIALS 09143 313.38 MISC. SUPPLIES 116.51 101 68020 120 2200 MISC. SUPPLIES 196.87 101 66210 120 92809 POM INC. 09248 5,890.90 CAPITAL EQUIPMENT 5,652.82 320 80480 800 EQUIPMENT MAINT. 238.08 530 65400 200 92810 NOEL L. MILLER, INC, 09499 585.00 SUPPLIES 585.00 620 15000 92811 ABAG - LIABILITY 09518 7,038.47 PROFESSIONAL & SPECIALIZED S 6,145.97 618 64520 210 CLAIMS PAYMENTS 892.50 618 64520 601 92812 SAN MATEO LAWN MOWER SHOP 09560 276.21 EQUIPMENT MAINT. 276.21 101 68020 200 2200 92813 OLE'S 09626 120.42 SUPPLIES 169.40 620 15000 FIRE APPARATUS MAINT. -48.98 625 65213 203 92814 GOVT. FINANCE OFFICERS ASSN. 09884 415.00 MISCELLANEOUS EXPENSE 415.00 101 64560 290 92815 CAL-STEAM 10557 1 ,229.00 MISC. SUPPLIES 89.59 527 66520 120 MISC. SUPPLIES 1,139.41 619 64460 120 5240 92816 PIP PRINTING 10620 493.84 MISC. SUPPLIES 493.84 320 79380 120 92817 WINGFOOT COMMERCIAL TIRE SYSTEMS 11316 73.21 FIRE APPARATUS MAINT. 73.21 625 65213 203 92818 INTERSTATE BATTERY SYSTEM 13689 163.26 FIRE APPARATUS MAINT. 163.26 625 65213 203 92819 ALL CITY MANAGEMENT 15595 3,109.86 CONTRACTUAL SERVICES 3,109.86 101 65100 220 92820 PENINSULA SPORTS OFFICIALS 15711 59.50 CONTRACTUAL SERVICES 59.50 101 68010 220 1787 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 92798 MILLBRAE LUMBER CO. 02898 334.72 MISC. SUPPLIES 139.43 101 66210 120 SIDEWALK REPAIR EXPENSE 168.54 101 66210 219 MISC. SUPPLIES 26.75 619 64460 120 5180 92799 SBC 03080 52.14 OFFICE EXPENSE 52.14 101 65100 110 92800 SAN FRANCISCO WATER DEPT. 03353 243,169.00 WATER PURCHASES 243,169.00 526 69020 171 92801 INFORMATION SERVICES DEPT. 03378 1,833.84 CONTRACTUAL SERVICES 1,833.84 101 65150 220 92802 SAN MATEO COUNTY ENVIRONMENTAL 03380 1,383.00 PROFESSIONAL & SPECIALIZED S 864.00 101 65100 210 MISC. SUPPLIES 519.00 620 66700 120 92803 SEQUOIA ANALYTICAL LABS 03536 1,610.00 PROFESSIONAL & SPECIALIZED S 1,610.00 528 66600 210 92804 U S POSTAL SERVICE 03821 3,000.00 MISCELLANEOUS 3,000.00 101 64250 114 92805 BURLINGAME REC. DEPT./PETTY CASH 03910 3,556.48 MISCELLANEOUS 25.00 101 36343 MISC. SUPPLIES 11 .90 101 68010 120 1101 MISC. SUPPLIES 870.21 101 68010 120 1422 MISC. SUPPLIES 9.90 101 68020 120 2300 MISC. SUPPLIES 540.01 101 68010 120 1521 MISC. SUPPLIES 78.35 101 68010 120 1520 MISC. SUPPLIES 316.54 101 68010 120 1330 MISC. SUPPLIES 10.95 101 68020 120 2200 MISC. SUPPLIES 40.00 101 68010 120 1890 UNIFORMS AND EQUIPMENT 133.40 101 68020 140 2200 CONTRACTUAL SERVICES 64.00 101 68010 220 1331 CONTRACTUAL SERVICES 320.00 101 68010 220 1645 CONTRACTUAL SERVICES 460.00 101 68010 220 1644 DUES & SUBSCRIPTIONS 200.00 101 68020 240 2100 DUES & SUBSCRIPTIONS 260.00 101 68020 240 2200 MISC. SUPPLIES 70.46 730 69592 120 MISC. SUPPLIES 70.00 730 69533 120 MISC. SUPPLIES 75.76 730 69545 120 92806 WEST GROUP PAYMENT CTR. 03964 308.71 PROFESSIONAL & SPECIALIZED S 308.71 101 64350 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/11/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92787 ACE HARDWARE 01027 114.27 MISC. SUPPLIES 4.04 101 66240 120 MISC. SUPPLIES 24.33 101 65100 120 MISC. SUPPLIES 22.94 101 66210 120 SMALL TOOLS 37.89 101 66210 130 GAS, OIL & GREASE 16.15 101 65200 201 SUPPLIES 8.92 620 15000 92788 BAYSHORE INTERNATIONAL TRUCKS 01236 1,685.71 FIRE APPARATUS MAINT. 45.03 101 65200 203 FIRE APPARATUS MAINT. 1,640.68 625 65213 203 92789 HARBOR SAND & GRAVEL 01313 319.81 MISC. SUPPLIES 140.13 101 66210 120 MISC. SUPPLIES 67.29 526 69020 120 MISC. SUPPLIES 112.39 527 66520 120 92790 BURLINGAME AUTO SUPPLY 01507 1,889.08 EQUIPMENT MAINT. 112.31 101 68020 200 2200 FIRE APPARATUS MAINT. 121.20 101 65200 203 MISC. SUPPLIES 18.99 527 66520 120 SUPPLIES 1,172.93 620 15000 MISC. SUPPLIES 14.48 620 66700 120 SMALL TOOLS 80.80 620 66700 130 FIRE APPARATUS MAINT. 368.37 625 65213 203 92791 BURLINGAME RECREATION DEPT. 01663 579.00 RECREATION EXPENSES 579.00 101 10700 92792 BURLINGAME STATIONERS 01676 119.79 OFFICE EXPENSE 104.38 101 64400 110 OFFICE EXPENSE 15.41 101 68020 110 2200 92793 L. N. CURTIS & SONS 02027 863.84 UNIFORMS AND EQUIPMENT 863.84 101 65200 140 92794 GENE EVANS 02149 350.00 CONTRACTUAL SERVICES 350.00 101 68010 220 1644 92795 GRANITE ROCK COMPANY 02261 990.96 STREET RESURFACING EXPENSE 255.31 101 66210 226 MISC. SUPPLIES 735.65 526 69020 120 92796 K & W DISCOUNT LIGHTING & SUPP 02645 891 .42 MISC. SUPPLIES 891.42 101 66240 120 92797 NATIONAL WATERWORKS, INC. 02880 17,420.30 MISC. SUPPLIES 17,420.30 526 69020 120 CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA January 12, 2004 Council Chambers I. CALL TO ORDER Chair Bojues called the January 12, 2004, regular meeting of the Planning Commission to order at 7:05 p.m. IL ROLL CALL Present: Commissioners Auran,Bojues,Brownrigg,Keighran,Osterling and Vistica Absent: Commissioners: Keele Staff Present: City Planner, Margaret Monroe; Senior Planner, Maureen Brooks; City Attorney, Larry Anderson; Senior Engineer, Phil Monaghan III. MINUTES The minutes of the December 8, 2003, regular meeting of the Planning Commission were approved as mailed. IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR Commissioner Brownrigg asked if staff could prepare for the Commissioners a report on the residential fire sprinkler requirements,what is their intent and how they are triggered. ,,.,VI. STUDY ITEMS 1. 1129 CLOVELLY LANE,ZONED R-1 -FRONT SETBACK VARIANCE FOR CONSTRUCTION OF A FIRST FLOOR ADDITION. (JERRY DEAL, JD &ASSOCIATES, APPLICANT AND DESIGNER; JEFF AND DIANE FELTMAN, PROPERTY OWNERS)PROJECT PLANNER: RUBEN HURIN CP Monroe presented a summary of the staff report. Commissioners asked: • How is the setback measured, is it to the closest portion of the structure; • What is the front setback of the houses on either side of the project; • Would any addition to the front of the house trigger the front setback variance, for example could the addition be held back to the required front setback without triggering a variance. This item was set for the regular action calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:12 p.m. 2. REVIEW OF NEW DEVELOPMENT STANDARDS FOR RE-EMERGING LOTS — PROJECT PLANNER: MARGARET MONROE CP Monroe presented a summary of the proposed changes to regulate emerging legal lots. Commissioners discussed and noted: • Is 10 years long enough before a development is allowed to increase lot coverage to 40%. Staff noted that the 10 year time was picked because it would allow for other changes in the neighborhood to catch up with the reuse of the emerged legal lots;at the end of 10 years the additions affecting lot coverage would still be subject to design review and other single family residential requirements in effect at the time of the remodel; City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 • While like the idea of putting FAR in the basement,how will this greater excavation affect emerging -e lots with a lot of established,protected trees; • Will smaller footprint result in more boxy houses; • Did the subcommittee consider basing the permitted FAR on the existing average FAR on a block, similar to the front setback standard; • Creekside lot regulations should be included with emerging legal lot regulation changes, footprint/FAR should be calculated on the 60% that is developable not on the total lot size; • Creek side lots should look at setbacks from top of bank not from property line,cantilevers should not be allowed; • Reduction in lot coverage is a good idea but is 30%the right number,what is the typical maximum lot coverage of existing development, can staff collect some information, in fact 30% may not be reducing by 10% but by some other amount; • How does section on protecting trees address trimming trees? • Understand reason for not having an outdoor connection from basement living areas to discourage area becoming second unit, but is this a real concern; • Concerned that with 30%lot coverage will cause all houses adjacent on the emerged lots to look the same,how will we insure variation among the new houses,would prefer a sliding scale so that one is 100% of the permitted FAR, second 80%of permitted FAR and third 75% of the permitted FAR; • Sliding scale for FAR among emerged lots could result in a clouding of the title for the new houses, the cookie cutter appearance can be dealt with through the design review process; and • Think 25%reduction in lot coverage from 40%to 30% is pretty radical. Commissioners suggested that the Neighborhood Consistency Subcommittee meet again and discuss the issues raised by the Commission and report back. Would like to do this soon, since this is an important issue and would like to hear from developers on this topic. Chair Boju6s directed that this item be returned to the Neighborhood Consistency Subcommittee for more study and then return to the Commission for action. Recognizing the importance of this issue, he encouraged the Subcommittee to meet soon. This item concluded at 7:25 p.m. VII. ACTION ITEMS Consent Calendar-Items on the consent calendar are considered to be routine. They are acted on simultaneously unless separate discussion and/or action is requested by the applicant,a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. Chair Boju6s asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. Commissioner Auran requested that item 3 a Policy on FYI Review be removed from the consent calendar. There were no requests from the audience to remove items. Item 3a was moved to be the first item on the Regular Action Calendar 3 b. 360&380 BEACH ROAD,ZONED O-M—APPLICATION FOR A LOT LINE ADJUSTMENT AT 360- 380 BEACH ROAD, LOTS 1, 2, AND 3, BLOCK 2, ANZA AIRPORT PARK UNIT NO. 1 SUBDIVISION,PM 03-11 (MICHAEL T.MCCALLION,APPLICANT;BEACH ROAD ASSOCIATES, PROPERTY OWNERS) (10 NOTICED) PROJECT ENGINEER: VICTOR VOONG Chair Boju6s then asked for a motion to approve the consent calendar, item 3b, the lot line adjustment for 360-380 Beach Road. C. Vistica moved approval of the consent calendar based on the facts in the staff 2 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 report, commissioner's comments and the findings in the staff report with recommended conditions in the staff report and by resolution. The motion was seconded by C. Keighran. Chair called for a voice vote on �— the motion and it passed 6-0-1 (C.Keele absent). Appeal procedures were advised. This item concluded at 7:25 p.m. VIII. REGULAR ACTION ITEM 3 a. POLICY ON FYI REVIEW—PROJECT PLANNER: MARGARET MONROE CP Monroe presented the staff report reviewing the policy direction that the Commission made on November 12, 2003. Commissioner noted that staff had recommended that they would bring project changes to commission for review for items on which the neighbors had commented during the action. He wanted it to be clear that this review would be based on design items/issues raised at the original hearing not complaints during construction. Staff noted that was the case. Commissioners also suggested that FYI's were a good way for the Commission to track the implementation of design review and so the commission should see them all. Staff suggested that the purpose of this policy was to reduce the Planning Commission's work load and the amount of paper staff needs to prepare for packets. It was noted that staff will keep a log of their decisions regarding this policy and this log will be forwarded to Commission for their information on a three or six months basis. Commissioners noted that the majority of the FYI's the Commission has seen have been no problem. Chair Boju6s opened the public hearing. There were no comments from the floor. The public hearing was closed. `— C. Osterling moved to adopt the Commission written policy on Processing of Minor Project Modifications During Construction as presented in the staff report. The motion was seconded by C. Auran. Chair Boju6s called for a voice vote on the motion to adopt the written policy for Processing of Minor Project Modifications During Construction. The motion passed on a voice vote 6-0-1 (C. Keele absent) This item concluded at 7:35 p.m. 4. 147 LOMA VISTA DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND REAR SETBACK VARIANCE FOR A FIRST AND SECOND STORY ADDITION (ROCQUE YBALLA, APPLICANT AND PROPERTY OWNER;SANDRA JIMINEZ,DESIGNER)(30 NOTICED)PROJECT PLANNER: CATHERINE BARBER Reference staff report January 12, 2004, with attachments. CP Monroe presented the report, reviewed criteria and staff comments. Ten conditions were suggested for consideration. Commissioners asked: has the encroachment permit been granted and if so does it limit any part of the structure extending over the property line;yes,the encroachment permit has been granted and it does limit any extension of the structure over the private property line. Need to add a condition that if the house is ever demolished any variance granted based on these plans will be voided; yes can be added. There were no other questions of staff. Chair Boju6s opened the public hearing. Sandra Jimenez, designer; Rocque Yballa,property owner, 147 Loma Vista; Alex Tilson, 143 Loma Vista; spoke. Was unaware of the problem of door swinging over property line,can fix easily. Commissioner also asked if stair and eave over hang on front of garage can be ~" easily adjusted as well? Is the plate height for the new second story as shown on the plans measured from the garage slab elevation or adjacent grade. Applicant responded: can reduce eave overhangs and plate is 8 3 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 feet over garage slab. Commissioner asked about information on trees which should be included in landscape plan;would like to know how the tree would be pruned to accommodate the addition. Architect noted on branch would need to be removed,need to ask an arborist the best way to trim at that location on the tree. Since you do not know now,we need to be sure to address in a condition. Commissioner noted that a tree protection plan should be provided that would include trimming and fencing to protect the area under the Sycamore; should be fenced before further construction to protect roots below grade. Architect noted that there is construction underway at the house now, all the debris is being put in the back yard. Commission noted that struck by height of addition,did you consider a shallower roof? Architect noted that the problem with the roof slope is the ceramic tile,need at least a 3:12 pitch,designed to 4:12 so can reduce. Commissioner noted plans show brick on three sides but new is stucco, should add brick. Architect brick veneer is no longer made, cannot find 16 inch face bricks, would have to be custom made at considerable cost, if commission really wants can have done. Commissioner asked how going to deal with stairs overhanging into the public right-of-way.Architect noted did not know,presently the only access to the rear yard. Bought house in Burlingame because of its character,liked curb appeal and want to retain it; cannot see story poles from the front of the house;need the size of the house because of the size of the family,four children; also one room called bedroom is a gym and one is an office, daughters will share a room; the office and gym rooms do not meet the egress requirements of building code so not really bedrooms. Because cannot get brick, contractor creative and drew lines in the stucco so look like brick pattern; not impossible to get brick but not economical. Commission asked if stairs could be removed. Will need to remove with addition and will not replace, can get access another way. Commissioner asked with grade shown how will you get to sill level at the three doors that open into the garage, wall of dirt will be like walking into a retaining wall. Can remove the doors from outside into the storage room, access can be through the garage since its an area to store lawn equipment. Noted that when asked to move fence to far side of public park easement,took access gate out,if the gate is needed into the park easement can go into his yard, not want to replace public gate because of concern about security. Public hearing continued: like design, city of trees but a void at Yballa property line,have added trees in this plan;addition of the proposed second story will require cleaving about 13 feet of the Sycamore tree,he should be limited to that maximum,my property looks across the Yballa yard to trees and sky,tree reduction will have impact. Path was never a problem when the gate was there, this project takes away the public access to Skyline. There were no further comments from the floor. The public hearing was closed. Commission discussion: agree that design nice, concerned about the door swing change at the rear, the double doors to the outside at the storage area should be removed,the roof slope should be reduced and a tree protection and pruning plan should be developed by an arborist and reviewed by the City Arborist before a building permit is issued. Project does not create major view blockage and mass and bulk are OK. Concerned with errors in the drawings,lot of overhangs of the rear property line,eaves,stair,balconies on the second floor,which are not allowed and which when removed will affect the elevations of the building, before can support need to see plans corrected. Removing iron work and eaves at the rear will result in a flat face,better to have something on that wall. Problem is legal,technical problem which needs to be solved. CA noted that limitation on overhang is from Public Works,applicant needs to continue item and resolve or redesign. Four new trees in easement,what if they are removed in the future,need Public Works or Parks Departments to comment; should applicant be required to replace again? C.Brownrigg noted that he would be happy to place this item on the consent calendar when the corrections have been made; should also add a window where the double doors are removed in the storage room, and moved to put this item on the consent calendar when all the plan items have been corrected with the addition of a condition that should the house be demolished the requested variances shall be voided; and that tree 4 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 protection and pruning measures as developed by a licensed arborist and approved by the City Arborist shall be required and enforced before issuance of a building permit. The motion was seconded by C. Auran. Chair Boju6s called for a voice vote on the motion to place this request for design review and rear setback variance for a first and second story addition on the consent calendar after the revisions and corrections have been made to the plans and the conditions amended to address voiding the variance if the house is demolished and the preparation and implementation of a licensed arborist requirements. The motion passed on a 6-0-1 voice vote (C. Keele absent). This item concluded at 8:05 p.m. 5. 1448-52 BURLINGAME AVENUE, ZONED C-1, SUBAREA A — APPLICATION FOR A CONDITIONAL USE PERMIT AMENDMENT FOR AN EXPANSION TO AN EXISTING FULL- SERVICE RESTAURANT(RIMARDEN,LLC,RICHARD J. BEALE, APPLICANT; PHIL HYLAND, ARCHITECT; JAMES AND RUTH MODISETTE, PROPERTY OWNERS) (29 NOTICED)PROJECT PLANNER: CATHERINE BARBER Reference staff report 1/12/04,with attachments. SP Brooks presented the report,reviewed criteria and staff comments. Nine conditions were suggested for consideration. Commissioners asked if parking is an issue with this application; how many full-service food establishments in the Burlingame Avenue area. SP Brooks noted that first floor retail uses, including food establishments, are exempt from parking requirements in Subarea A of the Burlingame Avenue Commercial District; don't have a count of the number of full-service food establishments,there are 35-40 food establishments in the area,but there is not a limit on the proportion of full-service restaurants, other types of food establishments can convert to full- service restaurants. Chair Boju6s opened the public hearing. Richard Beale, 1165 Wedgewood, Hillsborough, applicant, indicated he was available for questions. There were no questions of the applicant,and no further comments and the public hearing was closed. C. Vistica moved to approve the application, by resolution, with the following conditions: 1) that this business location occupied by a full service food establishment,with 2,684 SF of on-site seating(1,465 SF- 1"floor;965 SF-2nd floor;254 SF-outdoor patio)may change its food establishment classification only to a limited food service or bar upon approval of a conditional use permit for the establishment change; the criteria for the new classification shall be met in order for a change to be approved;2)that the 2,684 SF area of on-site seating, including the first floor, second floor or outdoor patio seating areas, of the full service food establishment shall be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 3)that this food establishment shall provide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the entrances to the building and at any additional locations approved by the City Engineer and Fire Department; 4) that the applicant shall provide daily litter control along all frontages of the business and within fifty(50)feet of all frontages of the business,including the parking lot to the rear of the site; 5)that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 6) that there shall be no food sales allowed at this location from a window or from any opening within 10'of the property line;7)that if this site is changed from any food establishment use to any retail or other use,a food establishment shall not be replaced on this site and this conditional use permit shall become void; 8)that this full service food establishment may be open seven days a week from 11 a.m.to 2:00 a.m., with a maximum of 25 employees on site at any one time, including the business owner and manager; and 5 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 9) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes,2001 Edition, and as amended by the City of Burlingame. The motion was seconded by C. Keighran. Chair Bojues called for a voice vote on the motion to approve. The motion passed on a 6-0-1 (Cers.Keele absent). Appeal procedures were advised. This item concluded at 8:15 p.m. 6. 1315-1317 MARSTEN ROAD, ZONED M-1 -APPLICATION FOR A PARKING VARIANCE FOR EXPANSION OF AN EXISTING AUTO REPAIR BUSINESS (DUKYON YOO, APPLICANT; LENO FRESCHET, PROPERTY OWNERS) (17 NOTICED) PROJECT PLANNER: RUBEN HURIN Reference staff report January 12,2004,with attachments. SP Brooks presented the report,reviewed criteria and staff comments. Seven conditions were suggested for consideration. Commissioners noted a concern with backing on to Marsten Road,and asked if this is a common practice in this area. SP Brooks noted that this is a common practice,this issue has been reviewed with the City's Traffic Engineer,and he noted that he is not concerned with vehicles backing onto Marsten Road, this is common for businesses in the area and there haven't been any resulting safety or congestion issues reported. Chair Bojues opened the public hearing. Dukong Yoo, applicant, 1315 Marsten Road noted that he leases two buildings,one at 1315 Marsten and one at 1317 Marsten,the building at 1315 Marsten is only used for his offices and for employee parking,would like to expand the business into this space and relocate parking to the north side of 1317 Marsten behind the building. There is now a yellow loading zone marked on the curb where access to those spaces would be, the Traffic Safety and Parking Commission has approved removal of that loading zone and a curb cut for the parking spaces can be put in. The only way to provide -� the three parking spaces is in a tandem configuration, but it will only be used by the employees and the business owner. The five existing parking spaces in front of the building at 1315 Marsten will be used by customers. Commissioners asked: Will the area proposed for parking behind the building be cleaned up and paved;will more employees be hired once the business is expanded; other car repair businesses have a separate lot for storing cars to be worked on,where will the cars waiting to be serviced be parked;how many customers do you expect to have each day. The applicant noted that he now has two employees and himself working at the business,which should be enough for the next two to three years; at that time may hire additional employees; doesn't think extra parking will be necessary, cars can be stored in the customer parking spaces in front of the building,those spaces are only used when cars are dropped off and picked up,they have never had to park customer's cars on the street; there would be about seven to ten customers per day. There were no further comments from the floor. The public hearing was closed. Commission discussion: It doesn't appear that parking will be a problem in that area, independent auto repair businesses are a dying breed and we should do whatever we can to support;don't have a problem with the cars backing onto the street, want to make sure a condition is added that the area with the tandem parking spaces will be paved. .1 C. Osterling moved to approve the application,by resolution,with the following amended conditions: 1) that the office use(682.5 SF)and auto repair and service shop area(4927.5 SF) on this premise,including 6 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 the location of the paint booth and three vehicles lefts,shall conform to the plans submitted to the Planning Department and date stamped April 18,2003;2)that the parking variances shall only apply to an auto repair ~' use at this site with a maximum of one paint booth and three vehicle lifts,and shall become void if the use is intensified or if the building is ever expanded,demolished or destroyed by catastrophe or natural disaster or for replacement; 3) that the applicant shall obtain a special encroachment permit from the Public Works Department to install a curb cut to provide vehicle access to parking behind the building prior to installing the paint booth and vehicle lift; only after receiving an encroachment permit shall the applicant obtain a building permit to install the paint booth and vehicle lifts; 4) that the area to the north of the building between the structure and the property line accessed from Marsten Road at 1317 Marsten Road shall be paved prior to issuance of the building permit to install the paint booth and vehicle lifts;5)that there shall be a maximum of two employees on site at any one time including the owner and all employees; that an increase in the number of employees shall only be allowed with an amendment to this parking variance; 6) that the business may not be open for business except during the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday; 7)that any changes in the hours of operation, floor area,use, or number of employees which exceeds the maximums as stated in these conditions shall require an amendment to this permit;and 8) that the use and any improvements for the use shall meet all California Building and Fire Codes, 2001 Edition as amended by the City of Burlingame. The motion was seconded by C.Vistica. Commissioners noted that the conditions require that the variance goes with this use and any increase in the number of employees would require an amendment to the parking variance. Chair Bojues called for a voice vote on the motion to approve. The motion passed on a 6-0-1 (Cers.Keele absent). Appeal procedures were advised. This item concluded at 8:30 p.m. 7. ACTION ON PROPOSED CHANGES TO THE SECOND UNIT AMNESTY PROGRAM AND IMPLEMENTING ZONING REGULATIONS — (NEWSPAPER NOTICE) PROJECT PLANNER: MARGARET MONROE Reference staff report January 12,2004,with attachments. CP Monroe presented the proposed changes to the present Second Unit Amnesty Program and required changes to the zoning code to implement them. Commissioner asked how very low and low income units would be managed. CP Monroe noted that the City has a process in the inclusionary zoning provisions which would be applied to qualifying second units; in general the very low and low income units would be managed by a third party, usually a non-profit housing group. There were no further questions from the Commission. Chair Bojues opened the public hearing. Lee Tanton, Linden Avenue, spoke noting that it was recently reported in the newspaper that the city had received an"F"for meeting its affordable housing needs,clearly the current second unit program is inadequate and needs this improvement; he reviewed the history of the city's second unit amnesty program; he noted that people don't come forward to have their second units legalized because they do not trust government; city needs to do more to open up the process and create public trust; he is the only one making noise about this, if there were 50 people in the room the city would do something;you know that the units are out there,they can be used because they are nonconforming,but people cannot make improvements. There were no further comments from the floor. The public hearing was closed. C. Auran moved to recommend the changes to the second unit amnesty program and implementing zoning changes to the City Council for approval action The motion was seconded by C. Osterling. 7 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 Comment on the motion: staff should be complimented on the amount of time they put into preparing this revision and for the quality of the work done. CP Monroe noted that she appreciated the extra time and effort, over a number of months,the Planning Commission Subcommittee put in as well. Chair Bojues called for a voice vote on the motion to recommend the second unit amnesty program and the implementing zoning changes to the City Council for approval action. The motion passed on a 6-0-1 voice vote(C. Keele absent). This item concluded at 9:00 p.m. 8. APPLICATION FOR A ZONING AMENDMENT TO ADD FINANCIAL INSTITUTIONS,REAL ESTATE OFFICES, HEALTH SERVICES AND GENERAL OFFICE USES ON THE FIRST FLOOR AS CONDITIONAL USES IN THE BROADWAY COMMERCIAL AREA (349 RADIUS NOTICE/95 MERCHANTS NOTICED/STREET POSTED/NEWSPAPER NOTICE) PROJECT PLANNER: MARGARET MONROE Reference staff report January 12,2004,with attachments. CP Monroe reviewed the application to add four uses on the first floor in the Broadway Commercial Area, noting that if these uses were found to be consistent with the General Plan designation for the Broadway Center, CEQA issues would be addressed. Commissioners asked: if one of these uses were allowed for a trial period, say 24 months, by condition could the commission limit the lease to 24 months. CA responded it would be a problem for enforcement, leases are not city business,if the use were conditional the city could make it"temporary"and limit the use permit to 5 years for example,as we do on the Bayfront and the conditional use permit would be subject to review and could be revoked at that time;however,in general it should be expected that if uses are allowed and spaces filled that they will remain as the currently non-conforming uses in the Broadway Area have. In 1969 when the General Plan was approved any use was allowed them in 1984 the uses were limited,why? In the early 1980's the city was looking at Burlingame Avenue to create a high pedestrian traffic retail center(subarea A),Broadway merchants and property owners asked to be treated the same;so the Broadway Commercial Area was created with the same regulations as Subarea A of the Burlingame Commercial Area. How many store fronts are vacant at this time? CP did not know exact number at this time. Can the same kind of limitation of number and type used for food establishments be created for financial institutions and real estate offices. CA responded we do not have enough information to be able to determine the correct number; with food establishments we started with the number in the area at the time we established the regulation, that would not work here since the issue is creating opportunity for more of each of these four uses. Regulating the number and mix of uses needs to be based on a plan for Broadway. There is no plan or vision for Broadway which addresses the appropriate number of each of these four uses. Commissioner asked if any limit on the maximum square footage of each of these uses is proposed. CP noted no, in general the lots are small on Broadway and that limits the size of the individual commercial areas. Commissioner asked if two of each use could be allowed and the city could develop a lottery system to decide how to fill the opportunities. CP noted that the city had some experience with a lottery system as the food establishment regulations evolved and it was unhappy. Would not like to repeat.Do these uses address issues like Pilates? CP noted the City has other regulations in effect now which address physical fitness and training in the Broadway area. There were no further questions or continents from the commission. Chair Bojues opened the public hearing. David Hinkle, 1616 Sanchez;John Root, 1407 Montero;Virginia Vince, 1301 Paloma; Maida Bezdjian, applicant, 1199 Broadway; Garbis Bezdjian, applicant, 1199 Broadway; Ross Bruce, President Broadway BID; Saco Bezdjian, 1199 Broadway all spoke. As a BID advisory board member support the merchants opinion as expressed in the 80%support for the four uses in 8 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 survey;position of BID board is to support members recommendation and to recommend if adopt the four uses, you should include a two year trial period; as a citizen, merchant and property owner on Broadway opposed to any change to the retail structure in the Broadway Commercial Area,like to keep the pedestrian orientation and protect retail. Afraid of unintended consequences,fear that allowing these uses will result in "shuttered windows and store fronts",doctors do not open windows for people passing by to look into;San Mateo has had a lot of experience with this,the Judd Green store for example which went dot.com with a very bad result on the retail area,in the end they did the same thing—limited these uses. Would like to see the retail neighborhood"feel" with small businesses of Broadway preserved, lots of change new families; feel that Broadway has turned the corner on the vacancies;contacted Paul Ferrari CEO of the Italian Market Place, he expressed desire to explore Broadway because he is looking for neighborhood locations e.g. location with quality,small businesses not corporate;see Broadway as an opportunity to support small local businesses which is different from Burlingame Avenue. Commissioner asked why start business on Broadway?Demographics in area have changed,lot of new young families can walk or bike to Broadway, rents have skyrocketed on Burlingame Avenue, Broadway rents much more reasonable. Commissioner asked do you think banks and real estate offices would be detrimental to Broadway? Had banks before,so OK, object to health services and other business offices;real estate seems more appropriate on El Camino Real where there is more space;Broadway is for small businesses,a destination for shopping,bakery,deli's, where people will continue to return. Public comment continued: heard pros and cons,the property at 1199 Broadway has been vacant for more than two years, now 4 to 5 vacancies besides 1199; current restrictions on uses hurt her financially, few people go to the stores, have had several prospective tenants, dentists, asset to Broadway, would raise revenue for the city and would generate foot traffic;there is a lot of available parking;also get a lot of calls for restaurants and delis,4 to 5 today,referred them to the city;took a petition to 91 merchants and property owners who signed it,available to the city,supports removal of all C-1 zoning regulations in the Broadway area; BID wrote a letter to the Planning Department requesting that the city allow dental office on first floor at 1199, there was no response; have spent a lot of time and effort to rent, nothing has happened; need to remove restrictions it would benefit the merchants and the city revenue. Commissioner asked there are a few new businesses on Broadway, why has your site been empty two years? Don't know, the interested people are dentists and delis. Lot of vacancy on Broadway,people come and go,tenants change during the time this request for uses has been processed; time to change uses allowed, have had inquiries from mortgage company,real estate,insurance company health service;problem really is discrimination,there are already eye doctors and physical therapists on Broadway,have been told I cannot have a real estate office in my own building; no use in allowing health services on the second floor when the building does not have ADA accessibility; over 90 people signed the petition we took around, met with city staff,they noted that the wording was for the removal of all C-1 restrictions,city staff wanted to do it their own way,OK;asked BID to write a letter.Commission asked to see the petition;it was not provided. CA noted that staff did not tell the applicant not to submit the petition. Submitted September 19, 2003, letter requested from BID supporting allowing the four uses requested and noting that the petition was not intending to eliminate the entire C-1 zoning restrictions but was to allow the four requested uses (health services, other office uses, real estate and financial institutions). The letter noted that "The petition was merely loosely worded". Applicant noted that City planner did do"ballot"on Broadway.The record is clear,there is discrimination, his family is suffering,want these four uses to get rid of the vacancy in his building,need to lease it soon. Commissioners asked it is surprising to be two years without tenants, now asking city to change zoning which will have an impact on other residents,based on the fact that you have vacancies what rent are you �. asking? Merchants want the change,the market on Broadway now is not retail.Asking$2.29 to$2.49 per square foot,way below Burlingame Avenue;have made improvements to building including a new roof and 9 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 awning,think that his rate is below market. Commissioner noted that if truly below market the space would -� be full. Applicant noted that uses most interested are not allowed,restaurants and delis. Public comment continued: For the record there are 8 first floor vacancies on Broadway, 3 have leases pending, of the 5 remaining vacancies ,three are in Mr. Bezdjian's building at 1199; there are a couple of offices on the second floor also vacant. Would like all four uses to be conditional uses for a two year trial period, this would give the city control and flexibility as well as giving the ability to see if there were unintended consequences. Commissioner asked over the years Broadway has gone through a genesis, are there other types of businesses which might do well there now? Don't know, would like to loosen regulations and let the free market make the decisions because we are having difficulty now. Commissioner asked based on your real estate experience what is the current range of rental rates in the Broadway area? Depends upon the size of the space and the condition of the building, but generally range from $1.50 to $2.00 per square foot; $2.29 per square foot is not below market rate; 1199 is the newest building on the street, it has some dedicated parking on-site and a good corner location,can get better rents than older,run down building. Been a tenant at 1199 for two years,issue has been blurred,these four uses would not result in "closed shutters", they would be neighborhood businesses and would regenerate Broadway; his four employees generate business for Broadway, without service businesses retail would not survive because there is not enough foot traffic; look into allowing for 24 months, stop after that, Broadway needs something. There was no more comment from the floor. The public hearing was closed. Commission discussion: did own research of residents west of Broadway and people who work on Airport Blvd.;consensus was do not want dental offices,financial institutions on Broadway,want more retail;need to hear from residents. In the past uses rolled in and out of Broadway, may have dried up because of competition from Big Boxes and Burlingame Plaza—sucked away by the larger full service businesses; community loyalty drifted away;need to infuse quality merchants to draw people,agree not want windows curtained to block view into stores.Question the value of health service,visits take an hour or more,dentist sees 8 – 10 people a day much less foot traffic than retail and uses a lot of street frontage space; what we need to do is rejuvenate quality merchants; financial institutions and real estate uses generate pedestrian activity, real question is how does the use add foot traffic. At last meeting asked for more data to understand existing conditions and understand what effects change in use might have; information like existing FAR by use;no information provided so cannot make a educated decision. Mentioned before that could do a trial,but without information unwilling because don't know if open to office might result in 40% of Broadway becoming office use; talked to merchants, lot of residents and received mixed responses; merchant survey helpful; people live here, the vision of Broadway is more local Business, Burlingame Avenue is the primary source of business revenue; need data about what is there, the percentage of different types of businesses,exact vacancies and where they are located. Concerned about comments about shutters being closed affecting the street, all closed could have the same effect as 10 vacancies; a lot of people talk about wanting a bakery on Broadway. CA noted could do now if there was no seating. Commission discussion continued: If rezone for one landowner,do we need to consider the input of others; sympathetic toward financial institutions and real estate uses,should be permitted. General office and health service uses should be by conditional use permit only; an 18 month trial period should be considered. Big impact is unlikely in 18 months since it will take anyone several months to put a business together and find a location;banks and real estate offices can be a part of a neighborhood service area. Agree an 18–24 month trial period may be the answer; concerned that may join existing spaces to create offices and get 4,000 SF which would have a big impact;hear testimony that employees create foot traffic,want commercial area that draws people in, lived here 30 years seen Broadway change; all agree on what we would like to see,but cannot compel it to happen; if restrict real estate cannot be certain the vacant space will cause a bakery to 10 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 locate there. As real estate professional would like to see rent survey,when a space remains vacant it can take years to recoup loss. Believe in free enterprise but more comfortable keeping area as is because not enough information to evaluate impact, article in Independent about Fourth Street area in Berkeley, developer successful because he knew what it took to bring quality tenants to area,that is the approach to take;Broadway has the advantage of having residents nearby,lot of people and merchants concerned about change,and resulting increase in rents which would squeeze out small businesses. There are 5 vacancies in the Broadway area now, 3 are in the applicant's building,this means that there are really 2 vacancies and this is not enough to justify a change in uses; applicant reduced his rent he could fill his space from the current use list; should leave zoning uses are is and seek out small businesses. Chair Bojues moved to recommend to the City Council that they deny the request for four additional uses in Broadway Commercial Area. The motion was seconded by C. Auran. Comment on the motion: Would be willing to consider financial institutions if it would help reduce vacancies; the current number of vacancies is not enough to justify this kind of change; several commissioners noted they could support financial institutions as a permitted use;given definition, if allow financial institutions should be a conditional use because they are a conditional use in the C-1 district; is there a way to allow the applicant to operate a real estate business from his building without changing the code. CA responded no, would need to identify real estate use as either a permitted or conditional use. C. Osterling made a motion to amended his original motion to recommend to City Council that financial institutions be allowed as a conditional use in the Broadway Commercial Area with a 24 month sunset. C. Auran, second to the original motion, agreed to the amendment. Chair Bojues called for a roll call vote on the motion to recommend to the City Council that they deny the request change from prohibited to permitted real estate, general office and health service uses on the first floor in the Broadway Commercial Area and that they change from prohibited to a conditional use financial institutions on the first floor in the Broadway Commercial Area for a period of 24 months. Following the 24 months financial institutions would become, once again, a prohibited use in the Broadway Commercial Area. The motion passed on a roll call vote 5-1-1 (C. Brownrigg dissenting, C. Keele absent). It was noted that this action now goes forward to the City Council as a recommendation for their action. This item concluded at 10:15 p.m. 9. CONSIDERATION OF AMENDMENTS TO CHAPTER 25.76 OF THE ZONING CODE REGULATING ADULT-ORIENTED (ENTERTAINMENT) BUSINESS IN THE C-4 ZONE— CITY ATTORNEY: LARRY ANDERSON Reference staff report January 12, 2004,with attachments. CA Anderson presented the report noting that several recent legal decisions had resulted in the need for the city to reconsider the current regulations which apply to adult-oriented(entertainment)businesses. Some of these regulations are included in the zoning code, so the Planning Commission needs to review them and make recommendation to the City Council. Commissioners asked: does the city regulate the sale of alcohol at such businesses? No that is done by the ABC and state regulations. Note that operator cannot get a permit if convicted within 5 years of application, what if operator is still on probation or parole. The 5 year limit is taken from state law. If on probation or parole may be advantage since individual being supervised. 11 City of Burlingame Planning Commission Unapproved Minutes January IZ, 2004 Chair Bojues opened the public hearing. There were no comments from the floor. The public hearing was closed. C.Auran moved to recommend the changes to the zoning code for regulation of adult oriented business in the C-4 zone to the City Council. The motion was seconded by C. Keighran. Chair Bojues called for a voice vote on the motion to recommend the changes to the City Council. The motion passed on a 6-0-1 (C. Keele absent). This item goes forward to the City Council as a recommendation. This item concluded at 10:20 p.m. IX. DESIGN REVIEW STUDY ITEMS 10. 1008 TOYON DRIVE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (RANDY GRANGE, TRG ARCHITECTS, APPLICANT AND PROPERTY OWNER;WAYNE FAIRBROTHER AND JENNIFER HEATH,PROPERTY OWNERS)(43 NOTICED)PROJECT PLANNER: CATHERINE BARBER CP Monroe briefly presented the project description. There were no questions of staff. Chair Bojues opened the public comment. Randy Grange, Architect, 205 Park Road, was available for questions. Commissioners asked the applicant to think about the front door treatment,since the front door will no longer be in the center of the porch, can something be done to make more of an entry statement. --� There were no other comments from the floor and the public hearing was closed. C. Vistica made a motion to place this item on the consent calendar when the revisions to the plans regarding the front door have been made and plan checked. Commissioners noted that it is an excellent project,and will trust the architect's judgment on what changes to make to the front entry. The motion was seconded by C. Keighran. Chair Bojues called for a vote on the motion to place this item on the consent action calendar when plans had been revised as directed and checked by the Planning Department. The motion passed on a voice vote 6-0-1 (C. Keele absent). The Planning Commission's action is advisory and not appealable. This item concluded at 10:32 p.m. 11. 1318 BENITO AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION. (FRANK PRENDERGAST, APPLICANT AND ARCHITECT; PIERRE AND CAROL UHARRIET, PROPERTY OWNERS) (55 NOTICED)PROJECT PLANNER: RUBEN HURIN SP Brooks briefly presented the project description. A letter was submitted from the neighbor to the north at 1320 Benito Avenue which noted that there is a large,old redwood tree on his property which extends over the property line and may require trimming so that the proposed second story can be built;he asked that an arborist report be required to determine if removal of the necessary limbs would affect the tree,and asked that the required tree trimming be done by a qualified tree trimming service. There were no questions of staff. 12 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 Chair Bojues opened the public comment. Frank Prendergast, Architect, 1124 Summer Avenue, was available for questions. Commissioners asked if he had given thought to the footprint of the building,it now �- extends well back into the rear yard, could he be more aggressive in widening the house and pulling it in from the back yard; also asked about the metal railings in front, will they be as bold as is shown on the plans. The applicant noted that the project was to add a second floor to an existing house,was working with the existing footprint, it seemed logical to orient the second floor to the north wall of the existing house,didn't want to interfere with the front porch, and was responding to the wishes of the owner. He noted that there will be no change to the existing metal railing. Commissioners noted that the neighbor's tree hangs over the property and will need to be trimmed for the addition,how will the tree be protected,wouldn't it make sense to design so the addition is away from the tree; also noted a concern with the roof form at the rear,it is a shed roof where all the rest of the roof forms are hips and gables, did you consider a different type of roof. The applicant noted that there were many ways the house could have been designed,the owner is pleased with this design and the interior layout, and since it was a partial upper floor addition,it was designed so it didn't impact the neighbor's upper floor on the south side;a different roof form in the rear would be difficult to tie in,wanted to keep it simple and low. Commissioners noted that the tree could be lifted,trimmed and balanced to accommodate the addition in a way that would not impair the longevity of the tree. There were no other comments from the floor and the public hearing was closed. Commission discussion: Think the proposed design is pretty decent,the plate heights are not excessive, it has been designed to accommodate the owner's needs,could come back as a consent item; agree design is fine,have a concern with the tree,would like to see an arborist's report before it comes back,it looks like it can be done, but would like to see it in writing, any recommendations in the arborist's report should be added as conditions. Further Commission discussion: Don't agree with the design,hate to see back yards reduced,will be losing 180 SF in the back yard, it is natural to go into the double car wide driveway in this case, make the house wider and pull back from the back yard,think that a better house can be designed,there is a lot of hardscape on the lot, the driveway is 13 feet wide. C.Keighran made a motion to place this item on the consent calendar at a time when an arborist's report has been completed and recommendations have been made regarding the trimming and protection of the tree in the adjoining neighbor's yard. This motion was seconded by C. Auran. Comment on motion: Strong points were made regarding the impact of this design on the rear yard and the structural bulk could be pulled away from the tree,but the project adequately addresses the Design Review Guidelines regarding mass,bulk and plate heights,and the project is more than 200 SF under the maximum floor area, would note that if the applicant wants to reconsider the design based on Commission's observations, they could choose to do that. Chair Bojues called for a vote on the motion to place this item on the consent calendar when an arborist's report regarding the neighboring tree has been submitted, reviewed by the City Arborist, and recommendations for trimming and tree protection during and following construction have been made and 13 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 added as conditions of approval. The motion passed on a roll call vote 5-1-1 (C.Brownrigg dissenting,C. Keele absent). The Planning Commission's action is advisory and not appealable. This item concluded at 10:45 p.m. 12. 1235 BURLINGAME AVENUE,ZONED C-1,SUBAREA A—APPLICATION FOR COMMERCIAL DESIGN REVIEW FOR TENANT IMPROVEMENT (GYMBOREE CORPORATION, THOMAS DULICK,GYMBOREE CORPORATION,APPLICANT AND ARCHITECT;KIRKBRIDE C/O HENRY HORN&SONS,PROPERTY OWNERS)(30 NOTICED)PROJECT PLANNER:CATHERINE BARBER CP Monroe briefly presented the staff report and project description. There were no questions of staff. Chair Bojues opened the public comment. Thomas Dulik, Gymboree representative and applicant, 700 Airport Boulevard,noted that they had submitted a color rendering with the latest revision to the elevations, originally proposed dormers,these have been eliminated,it made the storefront look fake. Commissioners noted that it looks better without the dormers,and asked about the copper roofing material,would prefer that it not look shiny. The applicant noted that this type of copper roofing will look aged and have a typical copper patina,it will not be shiny or reflective. There were no other comments from the floor and the public hearing was closed. C. Keighran made a motion to place this item on the consent calendar with no changes requested. This motion was seconded by C. Osterling. Comment on motion: Think that the applicant has done a nice job,this building needs some tender loving -� care, look forward to seeing the change. Chair Bojues called for a vote on the motion to place this item on the consent calendar. The motion passed on a voice vote 6-0-1 (C.Keele absent). The Planning Commission's action is advisory and not appealable. This item concluded at 10:55 p.m. 1.3. NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN—FIRST STUDY SESSION (277 NOTICED) PROJECT PLANNERS: MARGARET MONROE/MAUREEN BROOKS There was a consensus among the Commissioners that since people in the audience had been waiting patiently for this item,we should take public testimony first and then review the plan. Chair Boju6s opened the public comment,noting that at this meeting,the Commission will be reviewing the first two sections of the plan, the Introduction and the Goals and Policies. Bruce Balshone, 500 Airport Boulevard,representing property owners on Ogden Drive,noted that he will come back and testify when the Commission considers the Land Use Section, but wanted to let the Commission know that the owners proposed a project that generally is consistent with the plan policies,and wanted them to be aware of the letter submitted regarding the proposal. Matt Nassiri, 1832 Rollins Road,noted that he has a business there and participated in all the workshops, appreciates the process developing the plan,has been on Rollins Road since 1988 and is very familiar with the area; noted that the plan covers two distinct areas,the Rollins Road area and the El Camino Real area, People who work in the Rollins Road area have difficulty accessing Burlingame Plaza because there is no pedestrian link between the two areas; right now these two areas are not cohesive and traffic is heavy on 14 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 Rollins Road, would like to see a policy that the areas be made more cohesive by providing a pedestrian connection. Eileen Chow, 1218 Rollins Road, manages property on the east side of Rollins Road at the Broadway intersection,the vision statement in the plan document indicates there are two sub-areas,the Rollins Road area and the El Camino Real corridor and that the Rollins Road area would remain primarily industrial,she would like to suggest that the southern end of Rollins Road at the gateway, the parcels fronting on Broadway should be commercial as an extension of the Broadway Commercial area. The plan now proposes commercial uses at the northwest corner,would like that to extend to the property on the northeast corner of Broadway and Rollins Road. Dan Anderson,728 Vernon Way,would like to point out that Policy H-4 indicates that the northern portion of Rollins Road would allow limited live/work opportunities, however, the map on page 26 shows a medium-high density residential overlay. SP Brooks clarified that the map needs to be corrected to show the overlay as live-work only in that area. There were no other comments from the floor and the public comment was closed. SP Brooks briefly reviewed the first two chapters of the plan,noting that this is the first opportunity for the Commission to review the draft plan, there have been five community workshops and three commission subcommittee meetings; and that the plan has been developed and evolved based on the input of these meetings. The Introduction states the purpose of the plan and contains an overall vision statement for the Planning Area. The Goals and Policies Section provides the framework on which the remaining sections are based. Commission discussion: • In the Vision Statement or in the Goals and Policies,we need to add something that functionally will tie the two subareas of the plan together, a pedestrian access link,with the potential opportunity to tie into one of the existing streets and create a pedestrian linkage from west to east. • Seek ways to tie the two areas of the plan together such as: o pedestrian access at Broadway o bike lanes o pedestrian access across or under the Caltrain tracks o tie together aesthetically through common tree species • The Vision Statement talks about the area's proximity to BART,it is also proximate to Caltrain with stations at both ends,would like to add that this plan is an effort to intensify the uses around these transportation hubs. • Would like to see a goal or policy stated to create pedestrian/retail pockets in the Rollins Road area to serve the local employees. • Add a goal or policy to more clearly express the desire to create a strong visual connection between the northern end of El Camino Real and the tree-lined portion to the south. • Make sure that there is a general goal to encourage housing within walking distance of BART and Caltrain. • Goal B: wherever it is used, change "viable" to "vibrant" or "vital", speaks more assertively. • Goal B appears to be a finding rather than a goal. • Need to make it clear that one of the overriding goals or policies of the plan is to provide an opportunity for expansion of housing consistent with State requirements and the adopted Housing Element. 15 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 • Policy B-1 fits better under Goal D. —� • Add Policy C-4: Improve circulation within the Rollins Road area by creating better road connections to facilitate planned land uses. • Add Policy C-5: Create pedestrian pockets of service/retail uses to serve the employees in the area. • Add Policy C-6: Protect and develop greenways, particularly along the creeks, to facilitate a recreational asset for area employees and Burlingame residents. • Modify Policy C-4 to specify that the related businesses would be auto-related,but can include retail auto parts sales. • Policy C-5 should cover both parts of the plan, not just Rollins Road, move to A-2. • Make sure that Goal D spells out that mixed-use emphasizes housing and would be retail/residential in some areas and office/residential in others,in both cases could be free standing use of one or other use side by side. • Clarify policy D-3 to state that it is referring to pedestrian and bicycle access. • Policy D-4 should refer to the residential neighborhoods to the west, not north. • Add Policy D-5,that the El Camino Real area is identified as a place for additional housing to meet the community's housing needs. • Clarify Goal E to state that streets shall be appropriately scaled, and that it will also promote safe vehicle use in addition to bicycles and pedestrians. • Add to policy E-2 that pedestrian connection to BART shall be safe and inviting. • Add Policy E-4: create safe and well designed bicycle access through this area,plan should include designated path or location. • Add Policy E-5: El Camino Real shall be developed so that it is visually narrower in order to -� transition with the tree-lined portion of the street south of the planning area. • Add Policy F-4 that the character of the Broadway gateway to Rollins Road would be commercial in nature to provide a link to the Broadway Commercial Area. • Clarify that the craft and artisan uses in the North end of the Rollins Road area will focus on fabrication of goods in keeping with the industrial nature of this area. • The topic of whether housing should be allowed and how housing will be defined in the Rollins Road area will be discussed as part of the Land Use Section of the plan. • In the Goals and Policies Section,add cross-references to the implementing guidelines and concepts in later chapters. The Planning Commission then discussed the schedule for review of the rest of the Draft Plan. CP Monroe offered different options regarding when to hold the meetings and noted the public notice requirements for the meetings. Commissioners concurred that the review should continue to focus on individual Sections at regular Planning Commission meetings as divided in the City Planner's memo. The next study session would be scheduled at the Planning Commission's regular meeting on the February 9,2004,and discussion would be on the Land Use Chapter. The remaining Commission study sessions of the North Burlingame/Rollins Road Specific Plan were tentatively scheduled as follows: • February 9, 2004 Chapter 4: Land Use • February 23, 2004 Chapter 3: Illustrative Development Concepts Chapter 6: Design Guidelines and Development Standards -� • March 8, 2004 Chapter 5: Circulation and Infrastructure 16 City of Burlingame Planning Commission Unapproved Minutes January 12, 2004 Chapter 7: Development Framework Chapter 8: Implementation X. PLANNER REPORTS REVIEW OF THE SPECIAL CITY COUNCIL MEETING ON DECEMBER 12,2003,AND THE CITY COUNCIL REGULAR MEETING OF JANUARY 5,2004. CP Monroe noted that the City Council upheld the Planning Commission's action on 1348 Vancouver with the addition of a condition which would void the FAR variance should the house ever be demolished. She also reviewed the actions of the Council meeting of January 5, 2004, noting that the applicant for the appeal at 1029 Balboa had requested that the hearing be delayed to February 17, 2004, and that Council set a Special Study Session for the FEIR for the Safeway project on January 27, 2004 and set the public hearing for action on the Safeway FEIR and the project at their regular meeting on February 2, 2004. RETURNING FYI FOR REVISIONS TO EXTERIOR MATERIALS AT AN APPROVED DESIGN REVIEW FOR A NEW SINGLE FAMILY DWELLING AT 1036 (1032) CABRILLO AVENUE Commission reviewed the requested changes and had no comments. XI. ADJOURNMENT Chair Bojues adjourned the meeting at 12:10 a.m. Respectfully submitted, Tim Auran, Secretary S:\MINUTES\01.12.04unapprovedminutes.doc 17 CITY OF BURLINGAME BUILDING INSPECTION MONTHLY PERMIT ACTIVITY DECEMBER, 2003 F.Y. 2003 F.Y. 2002 SAME MONTE THIS YEAR LAST YEAR THIS MONTH LAST YEAR DIFF TO DATE TO DATE DIFF Permit type # Valuation # Valuation % # Valuation # Valuation % New Single Family 2 $827, 560 2 $900, 000 8 . 0- 8 $3 , 279 , 560 9 $3 , 577, 701 8 .3- New Multi-Family 0 $0 0 $0 . 0 0 $0 1 $850, 000 100 . 0- New commercial 0 $0 0 $0 . 0 2 $2 , 500 , 000 0 $0 . 0 Alterations-Res 25 $3 , 131, 350 15 $330, 200 848 . 3 164 $8, 326 , 967 145 $6 , 361, 464 30 . 9 Alterations-NonRes 5 $1, 597, 000 3 $239, 616 566 . 5 43 $5 , 951, 050 38 $4 , 928 , 706 20 . 7 Demolition 2 $0 6 $0 . 0 33 $117, 000 45 $1, 725 682 . 6 Swimming Pool 0 $0 0 $0 . 0 2 $50, 000 1 $31, 800 57 . 2 Sign Permits 4 $12 , 900 2 $6 , 300 104 . 8 17 $74 , 450 16 $123 , 751 39 . 8- Fences 0 $0 0 $0 . 0 2 $9 , 500 2 $1, 500 533 . 3 Reroofing 14 $154 , 572 21 $204 , 021 24 . 2- 190 $2 , 087, 718 160 $1, 892, 073 10 . 3 Repairs 1 $14, 650 4 $106 , 900 86 . 3- 22 $201, 550 15 $249, 050 19 . 1- Window Repl 4 $24, 121 4 $87, 835 72 . 5- 51 $532, 221 36 $283 , 494 87 . 7 Miscellaneous 5 $44, 300 7 $18, 100 144 . 8 16 $195, 401 44 $432, 967 54 . 9- TOTALS . . . . . . 62 $5 , 806, 453 64 $1, 892 , 972 206 . 7 550 $23 , 325 , 417 512 $18 , 734 , 231 24 . 5 1/05/04 7 : 32 : 17 CITY OF BURLINGAME Portfolio Management Portfolio Summary December 31 , 2003 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF & County Pool 26,680,215.64 26,680,215.64 26,680,215.64 93.03 1 1 2.643 2.680 Federal Agency Issues - Coupon 2,000,000.00 2,014,380.00 2,000,000.00 6.97 731 686 2.268 2.300 Investments 28,680,215.64 28,694,595.64 28,680,215.64 100.00% 52 49 2.617 2.654 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year 60,815.25 366,998.30 Average Daily Balance 27,142,728.65 26,605,322.05 Effective Rate of Return 2.64% 2.74% Pursuant to State law, there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and availability of some these funds is restricted by law (e.g. Gas Tax, Trust & Agency funds, Capital Projects, and Enterprise funds). J US NAVA, INANCE DIR./TREASURER Portfolio CITY CP Run Date: 01/13/2004-09:25 PM (PRF_PM1)SymRept V6.21 Report Ver. 5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments December 31, 2003 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAIF&County Pool SYS77 77 LOCAL AGENCYINV.FD. 4,331,135.32 4,331,135.32 4,331,135.32 1.545 1.545 1 SYS79 79 S M COUNTY POOL 22,349,080.32 22,349,080.32 22,349,080.32 2.900 2.900 1 Subtotal and Average 25,142,728.65 26,680,215.64 26,680,215.64 26,680,215.64 2.680 1 Federal Agency Issues-Coupon 3128X1605 513 FEDERAL HOME LOAN MORTG.CORP. 11/17/2003 2,000,000.00 2,014,380.00 2,000,000.00 2.300 2.300 686 11/17/2005 Subtotal and Average 2,000,000.00 2,000,000.00 2,014,380.00 2,000,000.00 2.300 686 Total and Average 27,142,728.65 28,680,215.64 28,694,595.64 28,680,215.64 2.654 49 Portfolio CITY CP Run Date:01/13/2004-09:25 PM(PRF PM2)SymRept V6.21 Irl Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Activity By Type December 1, 2003 through December 31, 2003 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS77 77 LOCAL AGENCY INV.FD, 1.545 800,000.00 0.00 SYS79 79 S M COUNTY POOL 2.900 2,792,559.73 1,000,000.00 Subtotal 24,087,655.91 3,592,559.73 1,000,000.00 26,680,215.64 Federal Agency Issues•Coupon Subtotal 2,000,000.00 2,000,000.00 Total 26,087,655.91 3,592,559.73 1,000,000.00 28,680,215.64 Portfolio CITY CP Run Date:01/13/2004•09:25 PM(PRF_PM3)SyrnRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 4 Activity Summary December 2002 through December 2003 Yield to Maturity Managed Number Number Month Number of Total 360 365 Pool of Investments of Investments Average Average End Year Securities Invested Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity December 2002 8 27,916,330.26 3.305 3.351 3.148 0 0 315 207 January 2003 8 28,462,240.55 3.173 3.217 2.967 0 0 309 194 February 2003 6 24,523,884.18 3.286 3.331 3.184 0 2 202 106 March 2003 5 26,845,084.01 3.006 3.048 2.998 0 1 117 93 April 2003 5 28,790,353.07 2.861 2.900 2.837 0 0 109 83 May 2003 5 29,305,724.20 2.827 2.866 2.801 0 0 107 79 June 2003 4 27,121,153.01 2.783 2.821 2.799 0 1 82 62 July 2003 4 27,157,885.07 2.671 2.709 2.677 0 0 82 60 August 2003 4 27,176,303.04 2.697 2.734 2.705 0 0 82 58 September 2003 3 25,384,046.40 2.799 2.838 2.831 0 1 44 31 October 2003 3 26,475,202.01 2.711 2.749 2.739 0 0 42 29 November 2003 3 26,087,655.91 2.614 2.651 2.680 1 1 57 56 December 2003 3 28,680,215.64 2.617 2.654 2.680 0 0 52 49 Average 5 27,225,082.87 2.873% 2.913% 2.850 0 0 123 85 Portfolio CITY CP Run Dale:01/13/2004/-09:25 PM(PRF 14)SyrnRept V6.21 / 1/ Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 5 Distribution of Investments By Type December 2002 through December 2003 December January February March April May June July August September October November December Average Security Type 2002 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 by Period LAW&County Pool 71.3 71.9 83.7 88.8 89.6 89.8 92.6 92.6 92.6 96.1 96.2 92.3 93.0 88.5% Certificates of Deposit-Bank Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln Negotiable CD's-Bank CORP NOTES Bankers Acceptances Commercial Paper-Interest Bearing Commercial Paper-Discount Federal Agency Issues-Coupon 28.7 28.1 16.3 11.2 10.4 10.2 7.4 7.4 7.4 3.9 3.8 7.7 7.0 11.5% Federal Agency Issues-Discount _ _.._ .... ..... _ _ .......... ............. ........ .......... Treasury Securities-Coupon Treasury Securities-Discount ........ ..__... ........ Miscellaneous Securities-Coupon Miscellaneous Securities-Discount Non Interest Bearing Investments Mortgage Backed Securities __ ._.. __ ...._...........................................................................................................___.............._.._..._.............................._.._.. __._.._............... ..................................................._......._..._._ . ............................. . ................ ..................................... Miscellaneous Discounts-At Cost 2 . Miscellaneous Discounts-At Cost 3 . ............... .... ... ..,...... .. ...... . ......... .. .......................................................................,..................... ...,........ . ........ .......... ........ Portfolio CITY CP Run Dale:01/13/2004-09:25 PM(PRF PM5)SyrnRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Interest Earnings Summary December 31, 2003 December 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 0.00 31,000.00 Plus Accrued Interest at End of Period 5,622.22 5,622.22 Less Accrued Interest at Beginning of Period ( 1,788.89) ( 13,816.67) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 3,833.33 22,805.55 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 3,833.33 22,805.55 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0,00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 0.00 349,318.44 Plus Accrued Interest at End of Period 402,539.18 402,539.18 Less Accrued Interest at Beginning of Period ( 345,557.26) ( 407,664.87) Interest Earned during Period 56,981.92 344,192.75 Total Interest Earned during Period 60,815.25 366,998.30 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period 60,815.25 366,998.30 Portfolio CITY CP Run Date:01/13/2004•09:25 PM(PRF_PM6)SynnRept V5.21 / Report Ver.5.00 98BD Portfolio Management Portfolio Summary December 31, 2003 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Federal Agency Coupon Securities 1,710,000.00 1,730,314.80 1,710,000.00 100.00 1,461 1,362 3.383 3.430 Investments 1,710,000.00 1,730,314.80 1,710,000.00 100.00% 1,461 1,362 3.383 3.430 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year 4,887.75 22,315.24 Average Daily Balance 1,710,000.00 1,703,742.54 Effective Rate of Return 3.37% 2.60% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months.Total funds invested represent consolidation of all fund types,and availab'' of some of these fun s is restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and.Enterprise funds). i3 us Nava, inance Director/Treasurer Portfolio 98BD CP Run Date:01/13/2004.09:27 PM(PRF_PM1)SyrnRept V6.21 Report Ver.5.00 98BD Portfolio Management Page 2 Portfolio Details - Investments December 31, 2003 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Managed Pool Accounts SYS84 84 LOCAL AGENCY INVEST FUND 0.00 0.00 0.00 1.590 1.590 1 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0 Federal Agency Coupon Securities 3136F4HM9 512 Fannie mae 09/24/2003 1,710,000.00 1,730,314.80 1,710,000.00 3.430 3.430 1,362 09/24/2007 Subtotal and Average 1,710,000.00 1,710,000.00 1,730,314.80 1,710,000.00 3.430 1,362 Total and Average 1,710,000.00 1,710,000.00 1,730,314.80 1,710,000.00 - 3.430 1,362 Portfolio 98BD Run Date:01/13/2004-09:27 CP 1/ PM(PRF PM2)SyrnRept V6.21 \ 1 ,rt Ver.5.00 01 BD Portfolio Management Portfolio Summary December 31, 2003 Investments Par Market Book %of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv, 365 Equiv. Managed Pool Accounts 1,110,996.32 1,110,996.32 1,110,996.32 100.00 1 1 1.524 1.545 Investments 1,110,996.32 1,110,996.32 1,110,996.32 100.00% 1 1 1.524 1.545 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year 1,482.50 8,957.32 Average Daily Balance 1,110,996.32 1,108,014.50 Effective Rate of Return 1.57% 1.60% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months.Total funds invested represent consolidation of some of these funds is restricte law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). Je s Nava, inance Dir./Treasurer Portfolio 01 BD CP Run Dale:01/13/2004-09:27 PM(PRF_PM1)SymRepl V6.21 Report Ver.5.00 01BD Portfolio Management Page 2 Portfolio Details - Investments December 31, 2003 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYS83 83 Local Agency Inv.Fd 1,110,996.32 1,110,996.32 1,110,996.32 1.545 1.524 1.545 1 Subtotal and Average 1,110,996.32 1,110,996.32 1,110,996.32 1,110,996.32 1.524 1.545 1 Total and Average 1,110,996.32 1,110,996.32 1,110,996.32 1,110,996.32 1.524 1.545 1 Portfolio 01 BD CP Run Date:01/13/2004-09:27 ( PM(PRF PM22)SyrnRept V6.21 t Ver.5.00 03BD Portfolio Management Portfolio Summary December 31, 2003 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv, Managed Pool Accounts 2,154,077.75 2,154,077.75 2,154,077.75 100.00 1 1 1.524 1.545 Investments 2,154,077.75 2,154,077.75 2,154,077.75 100.00% 1 1 1.524 1.545 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year 3,851.77 42,184.85 Average Daily Balance 2,886,142.27 5,162,551.04 Effective Rate of Return 1.57% 1.62% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months.Total funds invested represent consolidation of some of these funds is restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). Je s ava, Fi nce Director/Treasurer Portfolio 03BD CP Run Date:01/13/2004.09:28 PM(PRF_PM1)SyrnRept V6.21 Report Ver.5.00 03BD Portfolio Management Page 2 Portfolio Details - Investments December 31, 2003 Average Purchase Stated YTM YTM Days to Maturity cUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYS82 82 Local Agency Investment Fund 2,154,077.75 2,154,077.75 2,154,077.75 1.545 1.524 1.545 1 Subtotal and Average 2,886,142.27 2,154,077.75 2,154,077.75 2,154,077.75 1.524 1.545 1 Total and Average 2,886,142.27 2,154,077.75 2,154,077.75 2,154,077.75 1.524 1.545 1 Portfolio 03BD CP Run Date:01/13/2004-09:28 PM(PRF_PM2)SymRept V6.21 ,rt Ver.5.00 01-12-04 SUMMARY OF PART ONE OFFENSES PAGE: 1 FOR: DECEMBER, 2003 Current Prev Last Actual Actual YTD YTD Crime Classification.................... Current Year.. YTD.. YTD.. Change Change Murder and Nonnegligent Manslaughter 0 0 0 2 -2 -100.00 Manslaughter by Negligence 0 0 0 0 0 Rape By Force 0 0 8 6 2 33.33 Attempt to Commit Forcible Rape 0 0 1 0 1 Robbery Firearm 0 0 5 10 -5 -50.00 Robbery Knife 0 0 2 2 0 0.00 Robbery Other Dangerous Weapon 0 1 4 3 1 33.33 Robbery Strong-Arm 2 1 7 9 -2 -22.22 Assault - Firearm 0 0 0 1 -1 -100.00 Assault - Knife 0 6 3 19 -16 -84.21 Assault - Other Dangerous Weapon 3 4 18 20 -2 -10.00 Assault - Hands,Fists,Feet 2 4 10 9 1 11.11 Assault - Other (Simple) 22 25 209 203 6 2.96 Burglary - Forcible Entry 10 1 85 64 21 32.81 Burglary - Unlawful Entry 5 4 60 77 -17 -22.08 Burglary - Attempted Forcible Entry 0 0 1 1 0 0.00 Larceny Pocket-Picking 0 0 0 0 0 Larceny Purse-Snatching 0 0 2 1 1 100.00 Larceny Shoplifting 3 0 26 29 -3 -10.34 Larceny From Motor Vehicle 28 25 301 247 54 21.86 Larceny Motor Veh Parts Accessories 7 5 54 94 -40 -42.55 Larceny Bicycles 0 2 34 43 -9 -20.93 Larceny From Building 1 3 22 34 -12 -35.29 Larceny From Any Coin-Op Machine 0 2 31 27 4 14.81 Larceny All Other 22 11 240 210 30 14.29 Motor Vehicle Theft Auto 11 9 89 99 -10 -10.10 Motor Vehicle Theft Bus 0 0 3 4 -1 -25.00 Motor Vehicle Theft Other 0 2 5 5 0 0.00 ------- ------ ------- ------- 116 105 1,220 1,219 ------- ------ ------- ------- 116 105 1,220 1,219 01-12-04 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 1 CITY REPORT FOR: DECEMBER, 2003 Current Prev Last Actual Actual YTD YTD Crime Classification.................... Current Year.. YTD.. YTD.. Change % Change All Other Offenses 42 28 448 387 61 15.76 Animal Abuse 0 0 2 0 2 Animal Nuisance 0 0 1 1 0 0.00 Arson 0 0 10 2 8 400.00 Assists to Outside Agencies 0 0 0 0 0 Bicycle Violations 0 0 0 0 0 Bigamy 0 0 0 0 0 Bomb Offense 0 0 3 0 3 Bomb Threat 1 0 2 3 -1 -33.33 Bribery 0 0 0 0 0 Check Offenses 0 0 15 19 -4 -21.05 Child Neglect/prot custody 1 2 27 27 0 0.00 Computer Crime 0 0 0 0 0 Conspiracy 0 0 0 0 0 Credit Card Offenses 0 0 1 5 -4 -80.00 Cruelty to Dependent Adult 2 0 4 4 0 0.00 Curfew and Loitering Laws 0 0 1 1 0 0.00 Death Investigation 7 4 34 30 4 13.33 Disorderly Conduct 3 6 39 52 -13 -25.00 Driver's License Violations 2 0 6 7 -1 -14.29 Driving Under the Influence 23 19 84 85 -1 -1.18 Drug Abuse Violations 4 7 26 38 -12 -31.58 Drug/Sex Registrants 0 1 2 2 0 0.00 Drunkeness 4 6 61 62 -1 -1.61 Embezzlement 0 1 9 6 3 50.00 Escape 0 0 0 0 0 Extortion 0 0 0 0 0 False Police Reports 0 0 0 0 0 False Reports of Emergency 0 0 0 1 -1 -100.00 Fish and Game Violations 0 0 0 0 0 Forgery and Counterfeiting 6 1 44 54 -10 -18.52 Found Property 5 8 93 96 -3 -3.13 Fraud 0 4 34 35 -1 -2.86 Gambling 0 0 0 0 0 Harrassing Phone Calls 3 1 47 78 -31 -39.74 Hit and Run Accidents 5 4 40 63 -23 -36.51 Impersonation 0 0 1 3 -2 -66.67 Incest 0 0 0 0 0 Indecent Exposure 0 3 8 8 0 0.00 Intimidating a Witness 0 0 0 0 0 Kidnapping 0 0 0 1 -1 -100.00 Lewd Conduct 0 0 0 3 -3 -100.00 Liquor Laws 0 2 8 11 -3 -27.27 Littering/Dumping 0 0 0 1 -1 -100.00 Marijuana Violations 6 5 23 31 -8 -25.81 Mental Health Cases 12 5 117 105 12 11.43 Missing Person 3 4 43 34 9 26.47 Missing Property 6 5 97 105 -8 -7.62 Municipal Code Violations 2 6 43 62 -19 -30.65 Narcotics Sales/Manufacture 0 0 0 0 0 01-12-04 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 2 CITY REPORT FOR: DECEMBER, 2003 Current Prev Last Actual Actual YTD YTD Crime Classification.................... Current Year.. YTD.. YTD.. Change Change Offenses Against Children 2 0 8 18 -10 -55.56 Other Assaults 22 25 209 203 6 2.96 Other Juvenile Offenses 1 0 6 4 2 50.00 Other Police Service 5 7 63 71 -8 -11.27 Pandering for immoral purposes 0 0 0 0 0 Parole Violations 0 0 1 2 -1 -50.00 Perjury 0 0 0 0 0 Possession of Burglary Tools 0 0 2 1 1 100.00 Possession of drug paraphernalia 0 0 0 0 0 Possession of obscene literature;picture 0 0 0 0 0 Probation Violations 0 2 7 9 -2 -22.22 Prostitution and Commercial Vice 0 0 3 0 3 Prowling 0 0 0 12 -12 -100.00 Resisting Arrest 1 0 1 7 -6 -85.71 Runaways (Under 18) 0 0 0 0 0 Sex Offenses 0 2 3 10 -7 -70.00 Sex Offenses against Children 0 0 3 3 0 0.00 Sodomy 0 0 0 0 0 Stalking 0 0 3 1 2 200.00 Statutory Rape 0 1 2 1 1 100.00 Stolen Property;Buying;Receiving;Possess 1 0 6 4 2 50.00 Suspended License 3 9 29 47 -18 -38.30 Tax Evasion 0 0 0 0 0 Temp Restraining Orders 2 4 33 53 -20 -37.74 Terrorist Threats 2 0 26 34 -8 -23.53 Towed Vehicle 26 46 405 575 -170 -29.57 Trespassing 0 1 16 15 1 6.67 Truants/Incorrigible Juvs 0 0 3 2 1 50.00 US Mail Crimes 0 0 0 0 0 Vagrancy 0 0 0 0 0 Vandalism 16 20 262 261 1 0.38 Vehicle Code Violations 4 3 44 55 -11 -20.00 Violation of Court Order 1 1 26 27 -1 -3.70 Warrants - Felony 1 0 12 6 6 100.00 Warrants - Misd 7 2 40 54 -14 -25.93 Weapons;Carrying,Possessing 0 3 8 17 -9 -52.94 Welfare Fraud 0 0 0 0 0 ------- ------ ------- ------- 231 248 2,594 2,914 ------- ------ ------- ------- ------- ------ ------- ------- 231 248 2,594 2,914 01-12-04 MONTHLY SUMMARY OF CITATIONS PAGE: 1 CITY REPORT FOR: DECEMBER, 2003 Current Prev Last Actual Actual Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . YTD.. Parking Citations 3978 3,155 39,657 37,146 Moving Citations 189 165 3,052 2,684 ------- ------ ------- ------- 4167 3,320 42,709 39,830 ------- ------ ------- ------- ------- ------ ------- ------- 4167 3,320 42,709 39,830 BURLINGAME Officer Productivity . . . . generated on 01/ 12 /2004 at 03 : 14 : 22 PM Reported On : All Officers Report Range : 12 / 01 /2003 to 12 / 31 / 2003 Data Type Reported on : PARKING Valid A11 Voids 8 A-11 $ Officer: ID: Cnt Valid Cnt Voids Valid ------------------------------------------------------------------------------------------------------------------------ DAVIS 190 1313 34 . 48 21 38. 89 98 . 43 DAZA-QUIROZ 634 726 19. 07 7 12 . 96 99. 05 GARRETT 501 638 16. 75 12 22 . 22 98. 15 HARRISON 506 1116 29. 31 14 25. 93 98 . 76 MORAN 201 15 0.39 0 0. 00 100. 00 Total 3808 54 Page 1 of 1 h 3 J 1