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Home My WebLink AboutAgenda Packet - CC - 2004.01.05 BURLINGAME BURL.INGAME FINANCING AUTHORITY City of Burlingame CITY HALL-501 PRIMROSE.RC)AD REGULAR MEETING - MONDAY,JANUARY 5,200 4 BURLINGAMtf,CAL[FORN IA 94010 (656)558-7206 PAGE 1 OF SUGGESTED A CTION I. CALL TO ORDER x:00 p.m.,Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3, ROLL CALL 4. MINUTES - Meeting of.lanuary 6, 2003 1kpproval S. 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 lvi.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 andlor action, The Ma4or may limit speakers to three:minutes each. fi. .STAFF REPORTS & COMMUNICATION.�► a. Resolution authorizing sale of�bonds and execution of documents Action in connection with sale 7. ADJOURNMENT TO REGULAR(.'OUNCIL MEETING - ',JOTICE Any ancn(ccs wishing accommodations for dma hilitws,please contact the City Clerk at f650)558• =211-1 at least 24 hours before the meeting. A copy ref the Agenda Packet is avaatahle for Iauhlic rcvtcw at the t'AN Clerk s offiec,City Nail,501 primnau Road.frorn 8:00 a.m.to 5:011 p.m herprc,he meeting and at the meetsp Agendas and minutes are available at this site Y o� MC I � STAFF REPORT IllBURUNGAME BURLINGAME FINANCING AUTHORITY 6a ITEM# m 'q MTG. qHATEG JYNE6 DATE 1/5/04 TO: HONORABLE CHAIR AND BOARD MEMBERS SUBMITT BY DATE: December 21, 2003 APPRO t' FROM: Jesus Nava, Treasurer & Controller BYE/ , ,!/�/fy�L IL'6-fir 650-558-7222 SUBJECT: Resolution Authorizing Sale of Bonds and Execution of Documents in Connection with Sale RECOMMENDATION: Approve Resolution. BACKGROUND: The City Council has conducted a public hearing and approved a resolution authorizing the sale and issuance of the subject bonds. The information regarding the bond issue is contained in the Council's staff report. Copies of relevant agreements are filed with the City Clerk. ATTACHMENTS: Resolution BURLINGAME FINANCING AUTHORITY RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER AND WASTEWATER REVENUE BONDS TO FINANCE CERTAIN IMPROVEMENTS TO THE WATER AND WASTEWATER SYSTEMS OF THE CITY; AUTHORIZING THE PROCUREMENT OF BOND INSURANCE FOR THE BONDS; APPROVING THE FORMS OF A TRUST AGREEMENT AND INSTALLMENT SALE AGREEMENTS; APPROVING FORMS OF AND AUTHORIZING PUBLICATION AND DISTRIBUTION OF AN OFFICIAL NOTICE OF SALE, A NOTICE OF INTENTION TO SELL BONDS, AND AN OFFICIAL STATEMENT DESCRIBING SAID BONDS; AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE ISSUANCE OF THE BONDS WHEREAS, the City of Burlingame (the "City") and the Redevelopment Agency of the City of Burlingame (the "Agency") have heretofore executed a Joint Exercise of Powers Agreement, dated as of May 15, 1995 (the "Joint Powers Agreement"), by and between the City and the Agency, which Joint Powers Agreement creates and establishes the Burlingame Financing Authority (the "Authority"); and WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California(the "Marks-Roos Local Bond Pooling Act of 1985") and the Joint Powers Agreement, the Authority is authorized to issue bonds for financing public capital improvements whenever there are significant public benefits; and WHEREAS, the Authority desires to issue bonds for the purpose of financing the construction of certain improvements to the water and wastewater systems of the City (collectively, the "Projects"); and WHEREAS, this Board of the Authority hereby determines that there are significant public benefits, including through demonstrable savings in the effective interest rates and bond issuance costs expected to be paid for the Bonds issued to finance the Projects, and that it furthers the public purpose to assist in such financing; and WHEREAS, in order to achieve such significant public benefits and public purpose, this Board of the Authority desires to authorize the issuance and sale by public sale of not to exceed $23,000,000 in aggregate principal amount of its Burlingame Financing Authority Water and Wastewater Revenue Bonds, Series 2004 (the "Bonds"); and WHEREAS, there have been submitted and are on file with the Secretary of the Authority proposed forms of an Official Notice of Sale of Bonds, a Notice of Intention to Sell 4- Bonds, and an Official Statement, all with respect to not to exceed $23,000,000 aggregate principal amount of Bonds proposed to be sold; and WHEREAS, this Authority now desires to approve the form and authorize the publication of said Notices, and the distribution of a preliminary form of said Official Statement describing the Bonds and a final Official Statement for the Bonds; and WHEREAS, the Authority desires to enter into a Trust Agreement(the "Trust Agreement") with BNY Western Trust Company(the "Trustee"), for the purpose of securing the Bonds; and WHEREAS, in order to finance the Projects, the Authority desires to enter into an installment sale agreement(water system) and an installment sale agreement(wastewater system) (collectively, the "Installment Sale Agreements") with the City; and WHEREAS, there have been presented to this meeting proposed forms of the Trust Agreement, Installment Sale Agreements, Official Notice of Sale and Notice of Intention to Sell Bonds; NOW THEREFORE, the Governing Board of the Burlingame Financing Authority hereby finds, determines, declares and resolves, as follows: Section 1. The foregoing recitals are true and correct and the Authority hereby so finds and determines. Section 2. The issuance and sale of the Burlingame Financing Authority Water and Wastewater Revenue Bonds, Series 2004, in an aggregate principal amount not to exceed $23,000,000, are hereby approved. Section 3. (a) The proposed form of Trust Agreement by and between the Authority and Trustee, on file with the Secretary of the Authority, is hereby approved. The Executive Director of the Authority(or other officer designated by the Executive Director) is hereby authorized and directed for and in the name and on behalf of the Authority, to execute and deliver a trust agreement in substantially said form, with such changes therein as such officer may require or approve (including changes as may be necessary to obtain municipal bond insurance as set forth in Section 9 hereof), such approval to be conclusively evidenced by the execution and delivery thereof. The date, maturity date or dates (not to exceed April 1, 2033), interest rate or rates (not to exceed a true interest cost of five and one-half percent(5.5%)per annum), interest payment dates, series, denominations, forms, registration privileges, manner of execution,place or places of payment, terms of redemption and other terms of the Bonds shall be as provided in said Trust Agreement, as finally executed. -2- (b) BNY Western Trust Company is hereby approved and appointed as Trustee of the Authority with respect to the Bonds, and shall be authorized to act as Trustee in accordance with the terms of the Trust Agreement. (c) The Treasurer and Controller of the Authority is hereby authorized and directed to hold the funds and accounts created under the Trust Agreement and specified therein to be held by the Treasurer and Controller of the Authority, in trust as a fiduciary for the owners of the Bonds as set forth in said documents. Section 4. The proposed form of 2004 Installment Sale Agreement(Water System), by and between the City and the Authority, on file with the Secretary of the Authority, is hereby approved. The Executive Director(or other officer designated by the Executive Director) is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver an installment sale agreement in substantially said form, with such changes therein as such officer may require or approve (including changes as may be necessary to obtain municipal bond insurance as set forth in Section 9 hereof), such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the term of said installment sale agreement shall end no later than April 1, 2033. Section 5. The proposed form of 2004 Installment Sale Agreement(Wastewater System), by and between the Authority and City, on file with the Secretary of the Authority, is hereby approved. The Executive Director(or other officer designated by the Executive Director) is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver an installment sale agreement in substantially said form, with such changes therein as such officer may require or approve (including changes as may be necessary to obtain municipal bond insurance as set forth in Section 9 hereof), such approval to be conclusively evidenced by the execution and delivery thereof, provided, however, that the term of said installment sale agreement shall end no later than April 1, 2033. Section 6. The form of proposed Official Notice of Sale inviting bids for the Bonds, in substantially the form submitted to this Board and on file with the Secretary of the Authority, is hereby approved, subject to such corrections, revisions or additions as deemed necessary by the Executive Director of the Authority. Kelling, Northcross &Nobriga, Oakland, California(the "Financial Advisor"), is hereby authorized and directed to cause to be mailed to prospective bidders for the Bonds copies of said Official Notice of Sale in the form finally approved by the Executive Director of the Authority. Section 7. The form of proposed Notice of Intention to Sell Bonds, in substantially the form submitted to this Board and on file with the Secretary of the Authority, is hereby approved, subject to such corrections, revisions or additions as deemed necessary by the Executive Director of the Authority. The Executive Director is hereby authorized and directed to cause said Notice of Intention to Sell Bonds to be published once at least fifteen days before the date of sale in THE BOND BUYER. -3- Section 8. (a) The Executive Director, or his designee, is hereby authorized and directed to entertain bids for the Bonds, and to accept the lowest true interest cost bid, provided that(i)the true interest rate on the Bonds shall not exceed five and one-half percent(5.5%) per annum, and (ii)the price to be paid for the Bonds shall not be less than ninety-nine percent(99%) of the par value thereof(without taking into account the premium, if any, for a policy of municipal bond insurance with respect to the Bonds),plus accrued interest, if any, to the date of delivery. If such true interest cost and price are acceptable to the Executive Director,the Executive Director is hereby authorized to award the sale of the Bonds to the maker of the best responsive bid for the Bonds; if no bid for the Bonds is acceptable, the Executive Director is requested to reject all bids for the Bonds and to re-bid the Bonds or, if the Executive Director shall deem it necessary, to sell the Bonds by negotiated sale as permitted by law. (b) The Authority hereby consents to obtaining a bid for the Bonds from the Financial Advisor. Section 9. The officers of the Authority are hereby authorized to negotiate with providers of bond insurance for the Bonds, and, if the Executive Director determines it is in the best interests of the Authority and the City, to commit to purchase or enter into or approve agreements providing for bond insurance for some or all of the Bonds. Section 10. The proposed form of Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"), on file with the Secretary of the Authority, is hereby approved, subject to such corrections, revisions or additions as deemed necessary or desirable by the Executive Director of the Authority. The Financial Advisor is hereby authorized and directed to cause to be printed and mailed to prospective bidders for the Bonds copies of the Preliminary Official Statement in substantially the same form of Official Statement approved and adopted as the Official Statement describing the Bonds, as so added to, corrected or revised, and to supply to the accepted bidder or bidders for the Bonds copies of the final Official Statement, completed to include the interest rate or rates, principal amounts, and final sale information. The Executive Director(or other officer designated by the Executive Director) is hereby authorized and directed to execute and deliver the final Official Statement(the "Official Statement") and to execute a certificate confirming that the Preliminary Official Statement has been "deemed final" by the Authority for purposes of Securities and Exchange Commission Rule 15c2-12. Section 11. The officers and directors of the Authority are hereby authorized and directed,jointly and severally, to do any and all things and to execute and deliver any and all documents and certificates which they deem necessary or advisable in order to consummate the issuance, sale and delivery of the Bonds and otherwise to effectuate the purposes of this Resolution and the transactions contemplated hereby. -4- Section 12. The officers and board members of the Authority are hereby authorized and directed,jointly and severally, to execute and deliver any Certificate of the Authority or Written Request of the Authority required to be delivered pursuant to the Trust Agreement. Section 13. This Resolution shall take effect from and after its adoption. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Burlingame Financing Authority at a regular meeting thereof held on the 5th day of January, 2004, by the following vote of the members thereof: AYES: BOARDMEMBERS NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Secretary SECRETARY'S CERTIFICATE I, ANN T. MUSSO, Secretary of the Burlingame Financing Authority, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the members of the Governing Board of said Authority at a special meeting of the Governing Board of said Authority duly and legally held at City Hall, Burlingame, California, on January 5, 2004, of which meeting all of such members had due notice, as follows: AYES: NOES: ABSTAIN: ABSENT: An agenda of said meeting was posted at least 72 hours before said meeting at 501 Primrose Road, Burlingame, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. -5- I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: January 2004. Secretary of the Burlingame Financing Authority -6- BURLINGAME CITY COUNCIL AGENDA City of Burlingame Regular Meeting - Monday, January 5, 2004 CITY HALL- 501 PRIMROSE ROAD BURLIN45 GAME 50 BURLINGAME, CALIFORNIA 94010 (650) 558-7200 Page 1 of 3 CLOSED SESSION: 6:30 p.m., Conf. Room A 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 1. CALL TO ORDER Immediately following Finance Authority meeting, Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES - Regular meeting of December 1, 2003; Special Approval Meetings of December 2, 12, & 21, 2003 5. PRESENTATION a. PG&E follow-up on electrical power reliability Presentation 6. PUBLIC HEARINGS The mayor may limit speakers to three minutes each a. Appeal of Beautification Commission decision on Hearing/Action protected tree at 1537 Westmoor Road b. January review and renewal of amusement permits for the Hearing/Action 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 Albuquerque, 1100 Burlingame Avenue and Masusono, 1150 Paloma Avenue C. Adopt Ordinance for the installation of stop signs on Hearing/Action Bellevue Avenue at City Hall Circle d. Resolution authorizing sale of bonds and execution of Hearing/Action documents in connection with sale 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 fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURLINGAME Regular Meeting - Monday, January 5, 2004 CITY HALL- 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010 (650) 558-7200 Page 2 of 3 8. STAFF REPORTS AND COMMUNICATIONS a. Introduction of Ordinance to change fence requirements to Introduce add arbors in the front yard and to clarify vehicle parking requirements and to make sign provisions consistent b. Introduce Ordinance amending Chapter 25.76 and adding Introduce Chapter 10.58 to clarify regulations regarding adult- oriented businesses 9. CONSENT CALENDAR Approval a. Recommendation to Adopt the Council Assignments for 2004 b. Recommendation to Adopt 2004 City Council Calendar C. Resolution accepting two public utility easements for water lines from Sisters of Mercy and Mercy High School d. Warrants & Payroll,November, 2003 e. Resolution awarding contract to Community Playgrounds, Inc. to provide playground renovations to the children's playground at Washington Park f. Resolution approving amendments to the cable system franchise agreement with RCN Telecom Services, Inc. g. Resolution approving agreement with California Artists to conduct a portion of Art in the Park 10. COUNCIL COMMITTEE REPORTS 11. OLD BUSINESS a. Reschedule hearing for 1029 Balboa Avenue 12. NEW BUSINESS a. Set Safeway hearing 13. 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 BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURLINGAME Regular Meeting - Monday, January 5, 2004 CITY HALL- 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010 (650) 558-7200 Page 3 of 3 C. Letter from RCN concerning various product offerings and rate increase for some services 14. ADJOURNMENT NOTICE:Any attendees wishing accommodations for disabilities,please contact the City Clerk at(650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall, 501 Primrose Road, from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT MEETING—Tuesday,January 20,2004 CITY C BY.WM91 ME 4 --- BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of December 1, 2003 CLOSED SESSION: (6:30 p.m., Conference Room A) CA Anderson advised that Council provided direction in handling the following litigation: Threatened Litigation (Government code § 54956.9(b)(1), (3) (C)): a. Claim of Farmers Insurance b. Claim of Richard Madigan C. Claims of Camino Gables Homeowners: Ruth Keith; Judith Decker; John Moyer; Paul &Michelle Mudlaff; Jeffrey Parish; Vinh & Thuthuyet Pham; Michael Wiebracht d. One personnel matter to set hearing(Government Code § 54957) 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 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Anne LeClair. 3. ROLL CALL MEMBERS PRESENT: Baylock, Coffey, Galligan, Nagel, O'Mahony MEMBERS ABSENT: None 4. MINUTES Councilwoman Baylock made a motion to approve the minutes of the November 17, 2003 special Council meeting; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. Councilwoman Nagel requested the following amendment to the minutes of the November 17, 2003 regular Council meeting: roll call to include Nagel instead of Janney. Councilwoman Baylock made a motion to approve the minutes of the November 17, 2003 regular Council meeting with the amendment suggested; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. 5. PUBLIC COMMENTS There were no comments from the floor. 1 Burlingame City Council December 1, 2003 Unapproved Minutes 6. STAFF REPORTS a. INTRODUCE ORDINANCE FOR THE INSTALLATION OF STOP SIGNS ON BELLEVUE AVENUE AT CITY HALL CIRCLE DPW Bagdon requested Council introduce an ordinance to install stop signs on Bellevue Avenue at City Hall Circle. Mayor O'Mahony requested CC Musso to read the title of the proposed ordinance to install stop signs on Bellevue Avenue at City Hall Circle. Vice Mayor Galligan waived further reading of the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilwoman Baylock 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 to publish a summary of the proposed ordinance at least five days before proposed adoption. b. INTRODUCE ORDINANCE FOR THE INSTALLATION OF A STOP SIGN AT THE INTERSECTION OF HOWARD AVENUE AND HUMBOLDT ROAD DPW Bagdon requested Council introduce an ordinance to install a stop sign at the intersection of Howard Avenue and Humboldt Road. Vice Mayor Galligan requested the following information at the next meeting: (1)whether or not the residents within 100 feet of each corner of this intersection would want to hear cars braking and starting up at this stop sign; and (2) for the City Attorney, would this set a precedence for similar requests since it doesn't meet the warrants. Mayor O'Mahony requested CC Musso to read the title of the proposed ordinance to install a stop sign at the intersection of Howard Avenue and Humboldt Road. Councilman Coffey waived further reading of the proposed ordinance; seconded by Councilwoman Nagel, approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Mayor Coffey, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Musso to publish a summary of the proposed ordinance at least five days before proposed adoption. C. UPDATE ON SHARED FIRE SERVICES WITH HILLSBOROUGH FC Reilly provided an update on the progress of the CASE study. Our service level is still high. Our response time goal has been met 98% of the time. We have saved about $25,000 in overtime since the beginning of the CASE study, exceeding $150,000 in savings for this budget year. d. ESTABLISHMENT OF A COMMUNITY RECOGNITION PROGRAM P&RD Schwartz introduced a proposal for a new policy defining a community recognition program to acknowledge those individuals or groups who make significant contributions to the community. Councilwoman Baylock approved of the new policy but requested Section V be removed for further refinement of the criteria for one-time donations. Councilwoman Nagel requested adding to the selection 2 Burlingame City Council December 1,2003 Unapproved Minutes process the requirement for public hearings before the Commission and the City Council. Further, she requested the term"facilities"be changed to read"facilities, other than buildings,"in Section III. Vice Mayor Galligan suggested that both Councilwomen Baylock and Nagel work on refining Section V with P&RD Schwartz. Mayor O'Mahony requested that P&RD Schwartz return to the January 5, 2004 regular Council meeting for Council to vote on re-incorporating Section V into the policy. Vice Mayor Galligan made a motion to approve the Community Recognition Program with the exception of Section V, changing the term in Section III "facilities"to "facilities, other than buildings,"and adding to each"Selection" section the requirement for public hearings before the Commission and the City Council; seconded by Councilwoman Baylock, unanimously approved by voice vote, 5-0. e. CONSIDER APPOINTMENTS TO BEAUTIFICATION & CIVIL SERVICE COMMISSIONS Councilman Coffey stated that he and Councilwoman Janney interviewed the applicants for the Beautification Commission. Councilman Coffey made a motion to appoint Mark Grandcolas, Jill Lauder and Leslie McQuaide to the Beautification Commission; seconded by Vice Mayor Galligan, unanimously approved by voice vote, 5-0. Mayor O'Mahony stated that she and Vice Mayor Galligan interviewed the applicants for the Civil Service Commission. Vice Mayor Galligan made a motion to appoint Rolando Pasquali and Linda Lees Dwyer to the Civil Service Commission; seconded by Mayor O'Mahony, unanimously approved by voice vote, 5-0. 7. CONSENT CALENDAR a. ADOPTION OF RESOLUTION#109-2003 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT HRD Bell recommended Council adopt Resolution#109-2003 fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act for AFSCME,BAMM, Department Heads and Unrepresented Unit, Teamsters Local 856, International Association of Fire Fighters and Police and Fire Administrators. b. ADOPTION OF RESOLUTION#110-2003 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE BURLINGAME POLICE OFFICERS' ASSOCIATION (POA) HRD Bell recommended Council adopt Resolution#110-2003 fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act for the Burlingame Police Officers' Association(POA). C. RESOLUTION#112-2003 AGREEING TO APPLY FOR REISSUANCE OF STORM WATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT AND TO ADOPT 2004-2009 SAN MATEO COUNTYWIDE STORM WATER MANAGEMENT PLAN DPW Bagdon recommended Council adopt Resolution#112-2003 agreeing to apply for reissuance of Storm Water National Pollutant Discharge Elimination System permit and to adopt 2004-2009 San Mateo Countywide Storm Water Management Plan. 3 Burlingame City Council December 1,2003 Unapproved Minutes d. APPROVAL OF RESOLUTION AND AGREEMENT WITH CALIFORNIA ARTISTS TO CONDUCT A PORTION OF ART IN THE PARK PR&D Schwartz requested that the award of this contract be continued to the next meeting since the potential contractor needs to provide more information on insurance and a surety bond. Also, there will be some changes to the contract as now submitted. This agreement is only for the artist portion of the event. e. RECOMMENDATION TO ADOPT 2004 COUNCIL MEETING DATES Vice Mayor Galligan advised that the March 20th Joint Council/Planning Commission meeting has been changed to Saturday, April 24th. Also, he requested that the Commissioners' Dinner set for March 5th be changed since it's the same date of the Community Gatepath Gala for which he is on the Board of Directors. Council will confirm if they're available for the proposed date of March 12th for the Commissioners' Dinner. Mayor O'Mahony announced that she will not be available for the July 5th regular Council meeting. Vice Mayor Galligan made a motion to approve the calendar with the modifications; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. L RESOLUTION #111-2003 SUPPORTING REGIONAL TRANSPORTATION FUNDING FOR MAINTENANCE OF LOCAL STREETS AND ROADS DPW Bagdon recommended Council adopt Resolution#111-2003 supporting regional transportation funding for maintenance of local streets and roads. g. RESOLUTION #113-2003 ACCEPTING STREET CAPE SEAL PROGRAM 2003 DPW Bagdon recommended Council adopt Resolution#113-2003 accepting Street Cape Seal Program, 2003. h. RESOLUTION #114-2003 ADOPTING CITY INTEGRATED PEST MANAGEMENT POLICY CA Anderson recommended Council adopt Resolution#114-2003 adopting City Integrated Pest Management Policy. L APPROVE ROTATION LIST FOR OFFICES OF MAYOR AND VICE MAYOR CA Anderson recommended Council approve the rotation list for Mayor and Vice Mayor for the coming year. j. RECOMMENDATION TO CANCEL THE REGULAR COUNCIL MEETING SCHEDULED FOR DECEMBER 15, 2003 CC Musso recommended Council approve cancellation of the regular Council meeting scheduled for December 15, 2003. k. CLOSURE OF CITY HALL ON DECEMBER 26, 2003, AND JANUARY 2, 2004 HRD Bell recommended Council approve closure of City Hall on December 26, 2003 and January 2, 2004. 4 Burlingame City Council December 1, 2003 Unapproved Minutes 1. DONATION OF ITEMS FROM EASTON BRANCH LIBRARY TO HISTORICAL SOCIETY Librarian Escoffier recommended Council approve the donation of items from the Easton Branch Library to the Burlingame Historical Society. M. SALE OF EQUIPMENT FROM THE EASTON BRANCH LIBRARY Librarian Escoffier recommended Council approve utilizing the proceeds of the sale of equipment from the Easton Branch Library for the Easton renovation project. n. REQUEST FOR TWO LIBRARIANS TO ATTEND OUT-OF-STATE CONFERENCE Librarian Escoffier recommended Council approve the attendance of two librarians at the Public Library Association Conference in Seattle, Washington in February 2004. o. RECOMMENDATION TO ADOPT THE COUNCIL ASSIGNMENTS FOR 2004 Councilman Coffey stated that his assignment to the Housing Endowment and Trust had been omitted and also requested being removed from the Peninsula Congestion Relief Alliance. Mayor O'Mahony will insert Housing Endowment and Trust and reassign the Peninsula Congestion Relief Alliance. Councilwoman Baylock volunteered to continue to be the alternate on C/CAG or the alternate on Airport Round Table. Vice Mayor Galligan suggested Councilwoman Nagel replace him as the Budget Co-Chair. Councilman Coffey made a motion to adopt the solidified Council assignments for 2004; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to approve the Consent Calendar except Items D, E and O; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. 8. PUBLIC HEARINGS a. RESOLUTION#115-2003 ADOPTING ASSESSMENTS FOR YEAR 2004 FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT CA Anderson requested Council hold a public hearing on the levy of assessments for the year 2004 for the San Mateo County Tourism Business Improvement District and adopt Resolution#115-2003 overruling protests received as to assessments for the year 2004, approving programs and activities for the year 2004, and levying assessments for the year 2004. Mayor O'Mahony opened the public hearing. Anne LeClair, Executive Director of the San Mateo County Convention and Visitors' Bureau, offered to answer any questions on this item. There were no further comments from the floor, and the hearing was closed. Councilman Coffey made a motion to approve Resolution #115-2003 overruling protests received as to assessments for the year 2004, approving programs and activities for the year 2004, and levying assessments for the year 2004; seconded by Vice Mayor Galligan, approved by voice vote, 5-0. 5 Burlingame City Council December 1,2003 Unapproved Minutes b. CONSIDER AMUSEMENT PERMIT AT 261 CALIFORNIA DRIVE CA Anderson requested Council hold a public hearing on the application for an amusement permit at 261 California Drive. 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 approve this request; seconded by Councilwoman Baylock, approved by voice vote, 5-0. c. ADOPT ORDINANCE #1725 TO INCREASE MEMBERSHIP ON ADVISORY BOARD TO ADD FOUR ADDITIONAL MEMBERS REPRESENTING TOURISM-RELATED BUSINESSES TO THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT CA Anderson requested Council hold a public hearing to increase membership on the Advisory Board to add four additional members representing tourism-related business to the San Mateo County Tourism Business Improvement District. 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 Ordinance #1725 to increase membership on the Advisory Board to add four additional members representing tourism-related business to the San Mateo County Tourism Business Improvement District; seconded by Councilman Coffey, unanimously approved by voice vote, 5-0. d. SAN FRANCISCO PUBLIC UTILITIES COMMISSION PLANS TO REMOVE EUCALYPTUS TREES ALONG SKYLINE BLVD. CM Nantell requested Council hold a public hearing on plans of the San Francisco Public Utilities Commission (SFPUC) to remove 100 eucalyptus trees on their property along Skyline Boulevard. Pat Martel, Executive Director of the SFPUC, made a presentation of this plan which includes a 5-acre parcel between 280 and Skyline Boulevard in Burlingame which requires the removal of these trees because they pose a fire hazard. Native trees and other vegetation will be replanted. Joe Naras, Land Resources Manager, PUC, described some issues that were discussed during a meeting with Councilwoman Baylock regarding the eucalyptus trees along Skyline Boulevard such as watershed management plans and how fire would behave throughout the watershed lands or the adjacent properties. Pat Martel stated the PUC will work with the community to establish a fire clearance area and assure that in the future adjacent residents will be safe. When the PUC is ready to come back with a draft, revised plan, a public meeting will be held to discuss the plan and will seek input from the residents in the community. Once the revised plan is agreed upon, a date will be scheduled when work will begin. Mayor O'Mahony opened the public hearing. The following residents spoke in favor of keeping the eucalyptus trees: Kathy Merryweather, 1535 Los Altos Drive, Mrs. Aji, 1515 Los Altos Drive, Dwayne 6 Burlingame City Council December 1,2003 Unapproved Minutes Harrold, 1646 Los Altos Drive, Glenn Hout, 3112 Margarita, Elizabeth Schenk, 1542 Los Altos Drive, Rajesh Aji, 1515 Los Altos Drive, Marylou Ergun, 1518 Los Altos Drive, John Bianco, 1551 Los Altos Drive, Gilbert Fitzgerald, 1535 Alturas, Elizabeth Hartwell, 1514 Los Altos Drive, Sviatoslav Yasinitsky, 1534 Los Altos Drive, Marie Strain, 1526 Los Altos Drive. The following resident spoke in favor of removing the eucalyptus trees: Sue Osborne, 1624 Skyline. There were no further comments and the public hearing was closed. Mayor O'Mahony stressed to the residents that the City of Burlingame has no jurisdiction regarding this matter. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. 10. OLD BUSINESS Council instructed CA Anderson on the following closed session items: a. Claim of Farmers Insurance b. Claim of Richard Madigan c. Claims of Camino Gables Homeowners: Ruth Keith; Judith Decker; John Moyer; Paul & Michelle Mudlaff; Jeffrey Parish; Vinh & Thuthuyet Pham; Michael Wiebracht 11. NEW BUSINESS Mayor O'Mahony called up for review the project located 1348 Vancouver as Planning Gew&ftissimer C 11 c -B� would like to see one condition added to the project. A special meeting will be set to review the project in later December. Councilwoman Baylock requested Eagle Scout Doug Gettel be recognized for rewritring the entire tree inventory for Washington Park. Mayor O'Mahony noted a proclamation was already presented to Eagle Scout Gettel. Mayor O'Mahony noted that the annual tree lighting ceremony would be held rain or shine on Friday, December 5, 2003. 12. ACKNOWLEDGMENTS a. Commission Minutes: Library Board, September 30, 2003; Traffic, Safety and Parking, October 9, 2003 &November 13, 2003; Planning, October 27, November 12, November 24, 2003; Special Planning Commission meeting of October 28, 2003; Beautification Commission of November 6, 2003 b. Department Reports: Building, October, 2003; Police, September& October, 2003; Treasurer's Report of October, 2003 C. Four letters from Comcast concerning programming changes and price adjustment for analog and digital service levels 7 Burlingame City Council December 1, 2003 Unapproved Minutes 13. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 10:02 p.m. Respectfully submitted, Ann T. Musso City Clerk 8 Burlingame City Council December 1, 2003 Unapproved Minutes CITY BURLINGAME ao Qm �Fni[o J uF 6 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of December 2, 2003 1. CALL TO ORDER A duly no . ed special meeting of the Burlingame City Council was held on the above date in Conference Room A. 0�L I IIA 2. ROLL CALL MEMBERS PRESENT: Baylock, Coffey, Galligan, Nagel, O'Mahony MEMBERS ABSENT: None 3. PUBLIC COMMENTS There were no comments from the floor. 4. CLOSED SESSION a. PERSONNEL MATTER: ANNUAL PERFORMANCE REVIEW OF CITY MANAGER (GOVERNMENT CODE & 54957) CA Anderson requested Council provide direction on the above reference matter. 5. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 6:30 p.m. Respectfully submitted, Ann T. Musso City Clerk 1 Burlingame City Council December 2,2003 Unapproved Minutes CITY C BURLJNGAME � om m 9�Mwr[n JYN[6. BURLINGAME CITY COUNCIL Unapproved Minutes Special Meeting of December 12, 2003 1. CALL TO ORDER A duly noticed special 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 5:00 p.m. 2. ROLL CALL MEMBERS PRESENT: Baylock, Galligan, O'Mahony MEMBERS ABSENT: Coffey, Nagel 3. PUBLIC COMMENTS There were no comments from the floor. 4. PUBLIC HEARING a. REVIEW OF THE PLANNING COMMISSION'S DECISION ON DESIGN REVIEW AND A VARIANCE FOR FLOOR AREA RATIO FOR A SINGLE FAMILY RESIDENTIAL ADDITION AT 1348 VANCOUVER AVENUE, ZONED R-1 CP Monroe requested Council hold a public hearing and take action on the request for design review and a floor area ratio variance necessary to add a second story. 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 add a condition that states that the floor area ratio variance for 0.72 would expire if the dwelling was ever wilfully demolished; seconded by Councilwoman Baylock, approved by voice vote, 3-0-2, with Councilmembers Coffey and Nagel absent. 5. CONSENT CALENDAR a. ADOPT RESOLUTION #116-2003 AMENDING THE CITY OF BURLINGAME MASTER FEE SCHEDULE PERTAINING TO ALARM PERMITS FD Nava requested Council adopt Resolution#116-2003 amending the City of Burlingame Master Fee Schedule pertaining to alarm permits. 1 Burlingame City Council December 12, 2003 Unapproved Minutes Vice Mayor Galligan made a motion to approve the consent calendar; seconded by Councilwoman Baylock, approved by voice vote, 3-0-2,with Councilmembers Coffey and Nagel absent. 6. NEW BUSINESS a. BRAINSTORMING ON INPUT CONCERNING CITY HALL/COUNCIL CHAMBERS FACILITIES ISSUES Mayor O'Mahony requested input concerning City Hall and Council Chamber facilities issues; suggested thoughts be emailed to her. Councilwoman Baylock presented the idea of making the Council Chambers more versatile. Also suggested we look into sharing office space with the City of Hillsborough. 7. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 5:22 p.m. in memory of Thelma Cutler, Sergeant Dawn Cutler's mother who recently passed away. Respectfully submitted, Ann T. Musso City Clerk 2 Burlingame City Council December 12,2003 Unapproved Minutes CITY G BURLINGAME do-' qAnrEo BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of December 21, 2003 1. CALL TO ORDER A duly noticed special meeting of the Burlingame City Council was held on the above date at 737 Farringdon Lane, Burlingame, CA. Mayor Rosalie O'Mahony called the meeting to order at 11:00 a.m. 2. ROLL CALL MEMBERS PRESENT: Baylock, Galligan, Nagel, O'Mahony MEMBERS ABSENT: Coffey 3. PUBLIC COMMENTS Mike Galligan, 724 Linden, Michael Lennon, 1128 Hamilton Lane, Len Privatera, 831 Fairfield, spoke about how much Jim and Pauline Murray contributed to the soccer community in Burlingame. 4. CONSENT CALENDAR a. RESOLUTION APPROVING THE RENAMING OF BURLINGAME SOCCER CENTER TO "MURRAY FIELD AT BAYSIDE PARK" DPR Schwartz recommended Council approve renaming the Burlingame Soccer Center to "Murray Field at Elay J de Park" in honor of Jim and Pauly Murray. 1tJokk 5. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 11:22 a.m. Respectfully submitted, Ann T. Musso City Clerk 1 Burlingame City Council December 21, 2003 Unapproved Minutes 79ST90 BURLINGAMERS UNWILLING TO LIVE WITH BLACKOUTS Report by BULB on Progress with PG&E During 2003 January 5,2004 A year ago at this time,Burlingame residents were suffering frequent power outages that resulted in everything from missed appointments and canceled dinner parties to serious situations such as flooding of homes(because sump pumps were inoperable)and major problems for people who depend on electrically powered medical equipment. Burlingamers Unwilling to Live with Blackouts(BULB)formed in the fall of 2002 with the goal of obtaining more reliable power service.We compiled more than 250 written complaints about PG&E service and filed them with the California Public Utilities Commission,which regulates PG&E.We organized two Town Hall Meetings in December 2002 and January 2003 that were attended by hundreds of residents to address problems with power reliability.A CPUC commissioner who attended one of those meetings,Carl Wood,said the complaints were among the most serious he had heard from any community. BULB succeeded in getting PG&E's attention.We met every other month during 2003 with PG&E representatives.In addition,at our request,PG&E has been making monthly written reports to the City Council on its progress in completing a long checklist of improvements to Burlingame. PG&E spent more than$2.4 million during 2003 on improvements to Burlingame,and we are pleased with the results.Residents have reported far fewer outages during severe storms,and we no longer have the frequent momentary outages that sometimes required resetting clocks and sprinkler systems several times a day. In addition to the many physical improvements in circuits,we are happy to report: • PG&E appointed a Burlingame project manager to oversee improvements. • PG&E is trying to improve the way it responds to customer complaints during outages.The goal is to give customers more accurate information about the nature of the outage and a time period in which service is expected to resume. • PG&E undergrounded lines at the intersection of EI Camino,Adeline Drive and Mills Avenue,a site of frequent problems in the system.PG&E did not debit the city's undergrounding fund for this project. • PG&E's customer claim form is easier to find on its Web site at www.pge.com. You can find it by clicking on"Claims"on the top navigation bar.This form used to be buried on PG&E's Web site. 2337 Poppy Drive,Burlingame,CA 94010•tel:(650)347-3576•email:terry@terrynagel.com • PG&E has made a senior customer claims representative available to residents at bimonthly City Council meetings. • PG&E's senior vegetation management specialist personally responded to tree- trimming complaints from residents. BULB tried to get PG&E to set a reliability goal for Burlingame, but PG&E representatives said they had a "natural resistance" to doing so. So BULB and City Manager Jim Nantell set a goal for PG&E: It is that the reliability of all Burlingame circuits match the average reliability of the Peninsula Division as a whole. We are still trying to obtain data to find out if this goal has been achieved, but preliminary numbers show that the lights were on far more often during 2003 than in 2002 and 2001. However, we still have some concerns about sporadic outages that have occurred in Burlingame in recent months, often on bright, sunny days. For example, there was a four-hour blackout that affected 10,000 customers on the day before Thanksgiving, and residents of the Burlingame Hills reported outages ranging from seven to nine hours in late November and early December. There was a short outage on Dec. 10 in north Burlingame and a three-hour outage on Dec. 14 in the central part of the city. When massive blackouts occur in nearby areas, like the pre-Christmas outage in San Francisco that affected 120,000 customers, we wonder whether the overall infrastructure is being adequately maintained. We plan to keep monitoring reliability in Burlingame and ask residents to please continue reporting outages of any length on Terry Nagel's Web site at www.terrynagel.com, once power is restored. Just click on the "BULB" page. If you don't have Web access, you can call Terry at (650) 347-3576. The only way we can track progress is by obtaining information about outages. We want to thank PG&E for working to improve reliability in Burlingame. Our next meeting with PG&E is scheduled to be held in City Hall at 7 p.m. on Wednesday, February 18, and we invite other residents who are interested in joining our group to attend. Pacific Gas and 4 Electric Company Jeff Joy 2225 Folsom Street Director San Francisco, CA 94110 Operations, Maintenance and Construction, Area 1 January 5, 2004 Honorable Rosalie O'Mahony, Mayor • Mr. James Nantell, City Manager City of Burlingame City Hall 501 Primrose Road Burlingame, CA 94010 Dear Mayor O'Mahony and Mr. Nantell: This letter is part of PG&E's ongoing effort to keep the City updated on work to improve service reliability in Burlingame. It also addresses the outages that occurred on November 22 and 26. The November 22 outage occurred while the San Mateo Substation was reconfigured to de- energize a transmission circuit breaker and Transformer Bank#1 to perform maintenance. As a result, three Burlingame 21 kV circuits (including the San Mateo 2102) were fed from a single breaker. Unfortunately, an unanticipated unbalanced loading condition resulted in the single breaker de-energizing the three 21 kV feeders. Operators reacted quickly, restoring power in 33 minutes. The outage on November 26 was particularly regretful in terms of duration and timing as it happened the day before Thanksgiving. On Tuesday night, November 25, PG&E performed switching to de-energize Transformer Bank 9 at San Mateo Substation. Switching was necessary to facilitate maintenance on a voltage regulator that PG&E believed was the cause of flickering lights during the previous several days (the flickering lights may have been perceived as momentary outages by some customers). The switching involved using the Bay Meadows 2102 circuit to serve customers on the San Mateo 2102 circuit. The work on the voltage regulator started at 5:00 a.m. Wednesday morning, November 26. At approximately 7:45 a.m. an underground equipment failure occurred on the Bay Meadows 2102 circuit (thus de-energizing all the customers on this circuit and the San Mateo 2102 customers the circuit was feeding). Service was restored in the following one to five and a half hours. PG&E believes that higher than anticipated loads on a section of underground line contributed to the failure. I apologize for these outages and their resulting inconvenience. As you and your fellow residents well know, PG&E has invested a considerable amount of time and effort to address reliability issues in Burlingame. PG&E believes it has made significant strides in 2003 and to have these outages occur during the holidays is particularly frustrating to every employee who is working hard to improve service in the Burlingame area. I assure you that PG&E will continue to focus on reliability in the Burlingame area and to communicate the steps we are taking as we have done throughout 2003. Honorable Rosalie O'Mahony, et al. January 5, 2004 Page 2 On a more positive note, PG&E is pleased to report we have completed construction of all projects identified to address service reliability to the City of Burlingame. Our goal was to finish the major projects before the arrival of the storm season, and we have achieved this objective. The cooperation of the city arborist, Department of Public Works and property owners with trees has been a critical factor in the completion of these projects. Attached to this letter is an updated action item list that outlines the specific steps taken on the five identified circuits to address reliability issues affecting the system that serves the City of Burlingame. Listed below is the progress that we have made in completing those action items since our October 20th report. Outage Cause Identification Signal surveys have been completed and communication equipment installed to allow for Supervisory Control and Data Acquisition (SCADA) to a total of 19 pieces of equipment on the San Mateo 2102 and Bay Meadows 2101 and 2102 circuits. This will allow remote control of these devices by PG&E operators, as well as automatic data acquisition of detailed momentary and sustained outage information to help identify outage locations more quickly and better identify additional remedies to prevent outages. Of the 19 pieces of equipment, 8 are currently in service. The remaining 11 devices require field adjustment and testing before releasing them for service. PG&E will communicate the status of the 11 devices in the next report. Outage Reduction/Isolation • Construction crews completed installation of transformer bushing covers and insulated jumpers on SM 2102 (30 locations) and BM 2101 (4 locations). This work will help prevent bird/animal-related outages (Al #12a & #20b). • As reported in our October 20 letter, construction had been completed to relocate overhead lines underground along Highway Road between Adeline and Mills to avoid future tree- related outages in this area (Al #7), but we had not actually converted to the underground system. Conversion to the new underground system has been completed as scheduled. • At the request of the Department of Public Works, the work to relocate 950 feet of overhead lines along Airport Boulevard will not take place. We will, however, install midspan conductor spacers in January at four locations along Airport Boulevard. This will reduce the likelihood of outages caused by conductors slapping together in high winds. The latest 2003 outage statistics through January 4 for the five targeted Burlingame circuits are attached. We continue to encourage customers to report sustained outages and to get updated outage information by calling 1-800-PGE-5002. More information on outages and outage safety tips can be found at www.pge.com. Honorable Rosalie O'Mahony, et al. January 5, 2004 Page 3 While it is not possible to prevent all outages, we will continue taking steps to address issues as we find them. Thank you for the opportunity to provide this important update. Sincerely, * A #4r Attachments Burlingame Area(5 leaders)-Year 2003-detad list of unplanned outages DATE FEEDER DEME ET9 CUSTOMERS DESCRIPTION 01/07/03 Bay Meadows 2101 Station Momentary 7031 Per SCADA at 10:33-momentary-undetermined cause Biker fault indicators were not installed et 03/07/03 Bay Meadows 2.101 Fuse 5820 Sustained 115 Blown subsurface fuse-patrolled but cause was undetermined. 03/13/03 Bay Meadows 2101 Station Sustained 7031 During high winds,palm frond from tree 15-ft away blew Breaker onto lines at 5th&Fremont St in San Mateo. 03114/03 San Mateo 2102 Recloser Momentary 844 Per EON devices at 00:06-momentary-undetermined A80 cause-win 03/14103 Burlingame 0405 Station Momentary 965 Per SCADA at 22:14-momentary-undetermined cause- Breaker windy. 03/16/03 Millbrae 1107 Recloser Momentary 537 Per EON's momentary recorded at 16:41-undetermined 2030 cause-windy. Did NOT affect any Burlingame customers. 0.5/11/03 Bay Meadows 2101 Station Momentary 7031 Per SCADA 8 EON's at 11:38-momentary-undetermined Breaker cau� 05/24/03 Millbrae 1101 Recloser Momentary 137 Par EON's momentary recorded at 20:04-undetermined 8944 cause. 06127/03 Bay Meadows 2101 k336M9 Sustained 3445 While PG&E crew was performing construction work on Bloomfield Rd near Oak Grove they accidentally caused a short circuit causinga 27 minute outage. 07/02/03 Bay Meadows 2101 Momentary 7031 Per SCADA&EON's at 19:55-momentary-mylar balloons into lines near 2119 Shoreview in Foster City. 08106/03 San Mateo 2102 d Sustained 16 At 16:23 overhead transformer failed at the comer of Idaho mer &College in San Mateo. Did NOT affect any Burlingame customers. 08/28/03 Bay Meadows 2101 d Sustained 17 At 00:01 overhead transformer failed near 25 Claredon in mer Budin arae. 09/11103 Bay Meadows 2101 69 Sustained 198 At 19:46 overhead burned open near the comer of Howe& Dakota in San Mateo. Did NOT affect any Burlingame customers. 09/21/03 San Mateo 2102 Station Sustained 1710 At 02:03 a bus crashed into a pole near the comer of Airport Breaker Blvd and Bayshore Blvd in Burlingame. r09123/03 San Mateo 2102 Station Sustained 1710 At 15:20 manually opened station breaker for worker safety Breaker to repair a floater on a pole near the comer of Airport Blvd and Ba ere Blvd in Burlingame. 10(28/03 Millbrae 1101 3 pot bank Sustained 2 At 14:24,a three(3)pot bank failed. 11/03/03 San Mateo 2102 Fuse 11307 Sustained 17 At 7:48 blown fuse near 1102 Burlingame Ave. 11107103 Millbrae 1101 Station Sustained 323 At 16:40,a pole fire @ sw 10085 caused OCB to trip. Breaker Affected 308 Burlingame customers. 11/22/03 Bay Meadows 2101 Station Sustained 7190 At 9:10,during load transfer,OCB GND relay tripped due to Breaker unbalanced load. Aff-1-d-I ct Burlingame customers 11126/03 San Mateo 2102 Station Sustained 1710 At 7:42,BM-2102 OCB,carrying SM-2102,tripped duo to Breaker overload of a cable section. :.ted 1310 Burlingame customers. 1210&03 Millbrae 1101 Station Momentary 323 At 11:49,a momentary outage occurred,Undetermined Breaker cause. Affected 308 Burlingame customers 12110/03 San Mateo 2102 Station Momentary 1744 At 00:14,a momentary outage occurred.Undetermined Breaker cause. Affected 1310 Burlingame customers. 12114103 Bay Meadows 2101 Transformer Sustained 25 At 7:54 a sustained outage occurred becaused of a transformer problem. Undetermined cause. Affected 25 Burlingame customers. 12122/03 Burlingame 405 Transformer Sustained 11 At 0:35 a 15KVA Tx IRO 1820 Broadway in Burlingame failed. Affected 11 Burlingame customers. 12123/03 Millbrae 1101 Transformer Sustained 1 Al 18:17,T-1825 at 805 Burlway,Road in Burlingame was smoking and arcing. Affected 1 Burlingame industrial customer, 12/29/03 Bay Meadows 2101 Transformer Sustained 36 At 12:22 Eucalyptus bark fell onto secondary line @ SW ECR.Caused a TX(ID s 820004487)to trip. "=cfed 36 Burlingame cu omers. 01/01/04 Millbrae 1107 Recloser Sustained 537 At 9:47 Tree breach fell onto line IRO 1635 Rollings Rd. 2030 -r=cted 637 Burlin ante customers. As of 1/412004 SuMngema Div-Y20031.xfs 2003 Ind ME CITY OF BURLINGAME 12-MONTH FEEDER RELIABILITY DECEMBER 2002 through NOVEMBER 2003 DISTRIBUTION ONLY (Including Major Events;Excluding ISO, Planned, Generation&Transformer-Only Outages) I AIDI I AIR I MAIM Bay say Bay Meadows Burlingame San Mateo Milbm M6lbras Peninsula Meadows Burlingame San Mateo MlObrse Mnbras Peninsula Meadows Burlingwo San Mateo Mibm Millbrae PN*WJW Division Year Month 2101 0405 2102 1101 1107 Division 2101 0405 2102 1101 1707 Division 2101 0405 2102 1101 11107 D VISIM PENINSULA 2002 DEC 528.9 534.7 55.7 197.4 404.6 224.3 1.307 0.994 0.484 1.341 1.932 0.604 0.871 0 0.506 0 0 0.491 PENINSULA 2003 JAN 0 0 0 0 0 12.5 0 0 0 0 0 0.119 0.978 0 0 0 0 0.115 PENINSULA 2003 FEB 0 0 0 0 0 6.4 0 0 0 0 0 0.077 0 0 0 0 0 0.029 PENINSULA 2003 MAR 49.1 0 0 0 0 5.4 0.995 0 0 0 0 0.054 0 0.994 0.484 0 0 0.024 PENINSULA 2003 APR 0 0 0 0 0 2 0 0 0 0 0 0.014 0 0 0 0 0 0.118 PENINSULA 2003 MAY 0 0 0 0 0 14.3 0 0 0 0 0 0.091 0.979 0 0 0.424 0 0.173 PENINSULA 2003 JUN 11.8 0 0 0 0 5.5 0.436 0 0 0 0 0.057 0 0 0 0 0 0.079 PENINSULA 2003 JUL 0 0 0 0 0 19.5 0 0 0 0 0 0.087 0.98 0 0 0 0 0.094 PENINSULA 2003 AUG 0 0 0 0 0 7.2 0 0 0 0 0 0.077 0 0 0 0 0 0.17 PENINSULA 2003 SEP 9.9 0 49.2 0 0 8.4 0.028 0 1.997 0 0 0.083 0 0 0 0 0,912 0.119 PENINSULA 2003 OCT 0 0 0 0 0 8.3 0 0 0 0 0 0.08 0 0 0 0 0 0.114 PENINSULA 2003 NOV 23 0 258.6 77.3 0 20.6 0.999 0 1.01 1 0 0.22 0 0 0 0.424 0 0.098 Burlingame AIDI (Incl ME) by Feeder for December 2002-November 2003 Burlingame AIR (Incl ME) by Feeder for December 2002-November 2003 1,200.0 6.0 ___.-. .... _._... -0 Bay Meadows 5.5 4 Bay Meadows 1,060.0 2101 21015.0 -t Burlingame 960.0 a- .Burliagame 0405 0405 4.5 t San Mateo 810.0 a- San Mateo 2102 2102 4.0 -�Millbrae 720.0 Millbrae 3.5 1101 1101 tet-Mllbras a 600.0 - -Milbras Q 3.0 1107 Peninsula 460.0 Penktsula 2.5 +Division mon 2.0 360.0 1.5 240.0 1.0 120.0 0.5 i 0.0 0 p DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAW FEB MAR APR MAY JUN JUL AUG SEP OCT NOV Burlingame MAIMS(Incl ME) by Feeder for December 2002-November 2003 3.0 +-ea Me,mw. 2.5 aioi t Bulnearre wos ztm 2.0 Wbros ttm -Wbns nm pebion 1.0 0.5 0.0 Budnpams DN-Y20031.44 2003 Excl ME - - CITY OFBURLINGAME 92-MONTH FEEDER RELIABILITY DECEMBER 2002 through NOVEMBER 2003 DISTRIBUTION ONLY (Excluding Major Events and ISO,Planned,Generation&Transformer-only Outages) AIDI Bay AIF1 Bay MAINBay Meadows Burlingame San Mateo MBWne MBltiros Penfnaula Meadows B+81"lswne Ban Mateo MlNxae MMbrae Paninsda Meadows BurBneame San Mateo Millbrae Millbrae PemnAa Division Year Month 2101 0405 2102 1101 1107 Division 2101 0405 2182 1101 1107 Division 2101 0405 2102 1101 1107 Division PENINSULA 2002 DEC 4.3 0 0 197.4 0.9 15.9 0.027 0 0 1.341 0.029 0.108 0.435 0 0 0 0 0.131 PENINSULA 2003 JAN 0 0 0 0 0 12.5 0 0 0 0 0 0.119 0.978 0 0 0 0 0.115 PENINSULA 2003 FEB 0 0 0 0 0 6.4 0 0 0 0 0 0.077 0 0 0 0 0 0.029 PENINSULA 2003 MAR 49.1 0 0 0 0 5.4 0.995 0 0 0 0 0.054 0 0.994 0.484 0 0 0.024 PENINSULA 2003 APR 0 0 0 0 0 2 0 0 0 0 0 0.014 0 0 0 0 0 0.118 PENINSULA 2003 MAY 0 0 0 0 0 14.3 0 0 0 0 0 0.091 0.979 0 0 0.424 0 0.173 PENINSULA 2003 JUN 11.8 0 0 0 0 5.5 0.436 0 0 0 0 0.057 0 0 0 0 0 0.079 PENINSULA 2003 JUL 0 0 0 0 0 19.5 0 0 0 0 0 0.087 0.98 0 0 0 0 0.094 PENINSULA 2003 AUG 0 0 0 0 0 7.2 0 0 0 0 0 0.077 0 0 0 0 0 0.17 PENINSULA 2003 SEP 9.9 0 49.2 0 0 8.4 0.028 0 1.997 0 0 0.083 0 0 0 0 0.912 0.119 PENINSULA 2003 OCT 0 0 0 0 0 8.3 0 0 0 0 0 0.08 0 0 0 0 0 0.114 PENINSULA 2003 NOV 23 0 258.6 77.3 0 20.6 0.999 0 1.01 1 0 0.22 0 0 0 0.424 0 0.098 Burlingame AIDI(Excl ME)by Feeder for December 2002-November 2003 Burlingame AIFI(Excl ME)by Feeder for December 2002-November 2003 1200.0 -1-Bry Muaawe +-Bay Meadows 5.5 xioi 1080.0 2101 .-eum.q.ms --a-Bur6igame ',,I 5.0 980.0 0405 '-s.n uaen t San Mateo 4.5 mm 840.0 2102 nal t MBbras 4.0 .07 --rwvas 720.0 1101 3.5 -�rsmnwo mai--Millbrae mss^^ 1107 IL 800.0 }Pet*MAa Q 3.0 Q Division 2.5 480.0 2.0 380.0 1.5 240.0 1.0 120.0 i 0.5 0.0 0.0 DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV Burlingame MAIFI(Excl ME)by Feeder for December 2002-November 2003 3.0 Bay Msado 2101 2.5 f-SWIngame I, 0405 t San Mateo 2102 2.0 MAIne 1101 I It Mllltras 1107 1.5 t Peninsula Division 1.0 0.5 0.0 Burlingame Div-Y20031.JdS Burlingame Area(other 8 feeders)-Year 2003-detail list of unplanned outages DATE FEEDER DEVICE TYPE CUSTOMERS DESCRIPTION 01/07/03 Carolands 0403 Fuse 3281 Sustained 4 Fuse blew-tree branch fell into lines near Summit& Bella Vista in Hillsborough. Did NOT affect any Burlingame customers. 01/08/03 Burlingame 0401 Fuse 6951 Sustained 1 Fuse blew-tree branch fell into lines on Reddington Rd in Hillsborough. Did NOT affect any Burlingame customers. 01/11/03 Millbrae 1104 Station Momentary 3979 Per SCADA at 17:06-momentary-tree branch fell onto Breaker lines on Crystal Springs Rd in San Bruno. Affected 718 Burlin ame customers past 1506&1516. 01/11/03 Millbrae 1104 Recloser Sustained 1093 At 17:06 tree branch fell thru lines on Crystal Springs Rd 5521 in San Bruno. Did NOT affect any Burlingame customers. 01/17/03 Bay Meadows 2102 Recloser Sustained 1415 Tree knocked overhead wire down near Polhemus& S80 Crystal Springs in Hillsborough. Affected 282 u lin ame customers oast switch 6649. 02/15/03 Millbrae 1104 Station Sustained 3037 At 21:52 tree branch fell thru lines near Millbrae Ave& Breaker Vallejo Dr in Millbrae. Affected 718 Burlingame customers past 1506&1516. 02/20/03 Millbrae 1104 Recloser Momentary 1093 Per EON's momentaries recorded at 14:12 and 14:26 due 5521 to a failed overhead transformer near 1115 Fernwood Dr in Millbrae. Did NOT affect any Burlingame customers. 03/13/03 Millbrae 1104 Fuse 1011 Sustained 191 Fuse blew-undertermined cause-windy. Did NOT affect any Burlin ame customers. 03/14/03 Carolands 0403 Fuse 2293 Sustained 55 Blown fuse at 22:28-equipment failure-disconnect burned open and had to be replaced. Affected all 55 Burling me customers Past fuse. 04/05/03 Millbrae 1104 Station Momentary 5074 Per SCADA at 15:21-momentary-tree branch fell onto Breaker lines near Pinehurst Ct in Millbrae.VMS to do additional tree trimming by early May. Affected 718 Burlingame customersast 150 &1516. 04!15/03 Millbrae 1104 Station Momentary 5074 Per EON's at 09:22-momentary-undetermined cause. Breaker Affected 718 Burlingame customers past 1506& 1516. 04/27/03 Bay Meadows 2102 Fuse 9013 Sustained 21 Blown riser fuse-patrolled but cause was undetermined. Affected 21 Burlingame customers 04/30/03 Millbrae 1106 OH Sustained 7 Found and replaced blown fuse in overhead transformer Transformer bank near 850 Mitten in Burlingame. Affected 7 Burfinaame customers. 05/06/03 Bay Meadows 2102 Station Sustained 3469 Underground switch failed near Grant&19th Ave in San Breaker Mateo. Affected 282 Burlingame customers past switch 6649. 05/07/03 Burlingame 0404 OH Sustained 39 At 10:27 a 3rd party tree outfit dropped a tree branch into Transformer transformer jumpers near 1545 Floribunda in Burlingame. Affected 39 Burlingame customers. 05/12/03 Bay Meadows 2102 Station Sustained 3469 Vehicle crushed lid on UG box near Grant&19th Ave in Breaker San Mateo. Affected 282 Burlingame customers past switch 6649 06/05/03 Millbrae 1106 Station Momentary 369 Per EON&SCADA at 19:34-momentary-wire down at Breaker Gilbreth&Cowan in Burlingame. Affected 144 li m c mers Past 2721. 06/05/03 Millbrae 1106 Station Sustained 369 Station Breaker manually opened for 20-minutes for Breaker safety-wire down at Gilbreth&Cowan in Burlingame. Affected 144 Burlin ame customers past 2721. 06/19/03 Burlingame 0402 Station Sustained 1215 At 19:55 tree branch fell across wires at 1369 Columbus Breaker in Burlingame. Affected 1,215 Burlingame customers. Burlingame other 8 Mrs-Y20033 010504.xls Burlingame Area(other 8 feeders) -Year 2003-detail list of unplanned outages DATE FEEDER DEVICE TYPE CUSTOMERS DESCRIPTION 06/23/03 Burlingame 0402 Station Momentary 1215 Technician found 2 operations on station breaker when Breaker visiting the station-unknown date or cause of outage. Affected 1,215 Burlin ame customers. 06/24/03 Bay Meadows 2102 Station Sustained 3469 Elbow failed on subsurface switch near Grant& 19th Ave Breaker in San Mateo. Affected 282 Burlingame customers past switch 6649. 07/02/03 Millbrae 1102 Recloser Momentary 1508 Per EON'S momentary recorded at 14:23-undetermined 1033 cause. Affected 708 Burlingame customers past switch 56561. 07/28/03 Millbrae 1102 Switch 3065 Sustained 83 At 00:39-wood crossarm broke at 2520 Valdivia Way in Burlingame. Affected 83 Burlingame customers past switch 3065). 08/04/03 Burlingame 0401 OH Sustained 11 Found and replaced blown fuse in overhead transformer Transformer bank near 900 Capuchino in Burlingame. Affected 11 Burlingame customers 08/08/03 Carolands 0403 Switch 2709 Sustained 176 At 19:26-Operating error-opened switches in wrong order during maintenance clearance. Affected all 176 urlin ame customers past switchl. 09/11/03 Millbrae 1104 Station Momentary 5075 At 19:13 a 3rd party worker made contact with high Breaker voltage lines with a communication cable. Affected 718 Burlin a e customers. 09/11/03 Millbrae 1106 Station Sustained 369 At 16:33 report of an overhead wire down between Cowen Breaker and Mitten in Burlingame. There was also a momentary operation on the station breaker at 15:58. Affected 144 Burlin ame customers. 09/16/03 Carolands 0403 Fuse 2997 Sustained 25 Blown fuse at 17:10-tree fell into overhead lines near Summit&Burlingview. Affected all 25 Burlingame customers past fuse, 09/20/03 Millbrae 1102 Recloser Momentary 1508 Per EON's momentary recorded at 17:16-undetermined 1033 cause. Affected 708 Burlingame customers past switch 5656. 10/09/03 Millbrae 1106 OH Sustained 15 Found and replaced blown fuse in overhead transformer Transformer bank near 1730 Gilbreath in Burlingame. Affected 15 Burlinaame customers. 10/29/03 Burlimgame 404 SW 2551 Sustained 485 Tree branch fell caused wire down @ ECR&Bellevue. At 20:23, opened 2551 for repair. Affected 87 Burlingame customers 11/07/03 Millbrae 1106 Station Sustained 371 At 10:31, pole fire @ sw 10085 caused Millbrae 1106 Breaker OCB to trip. Affected 145 Burlingame customers. 11/19/03 Carolands 403 Station Momentary 862 At 17:27, a momentary outage occurred. Undetermined Breaker cause. Affected 590 Burlingame customers 11/30/03 Carolands 403 Station Sustained 863 At 17:17 A broken crossarm just ouside the substation Breaker caused a lock out to both Carolands 401 and 403. Affected 590 Burlingame customers. 12/06/03 Burlingame 404 Station Sustained 1614 At 17:38, tree barks fell into line. Affected 1113 Breaker Burlingame customers 12/08/03 Millbrae 1104 Station Sustained 5082 At 14:20, ug splice blown between 1746& 1786. Breaker Affected 721 Burlingame customers. 12/30/03 Millbrae 1102 Station Momentary 2537 At 12:03, a momentary outage occurred. Undetermined Breaker I icause. Affected 1070 Burlingame customers 01/01/04 Burlingame 403 Transformer Sustained 4 At 7:17 Tree branch fell onto line IRO 932 Linden. Affected 4 Burlinciame customers. As of 1/4/2004 Burlingame other 8 fdrs- Y20033 010504.xfs SAN MATEO 2102 BURLINGAME Item Due Date Status #1)Accelerate normal tree-trimming schedule. 2/28 Complete #2) Remove and replace four large eucalyptus trees in front of 3000 Adeline 2/28 Complete Drive. #3) Establish process to manually download data from reclosers A-80 and A- 1/17 Complete 82 weekly until remote connection is established. #4) Determine if fault indicators on Airport Blvd.need to be replaced with 1/17 Complete different type. #5) Make all SCADA ready reclosers and switches remotely operable. 6/30 Complete. Initially committed 4 locations for completion by 6/30. Remaining 2 locations completed 12/16. #6) Review with the city the impact of vegetation and potential mitigation 2/28 Complete measures for various trees on Airport Boulevard. #6a) Investigate the feasibility and potential effectiveness of reconductoring 9/30 At the request of the City of Burlingame, relocation is on hold until after the 950' of o/h line on Airport Blvd.with tree wire and install midspan spacers. storm season. Analysis of outages will be made to see if relocation should go ahead. Potential environmental issues related to containment barrier. PG&E to review EIR. Additional tree trimming completed. Midspan spacers to be installed. #6b) Remove eucalyptus at 533 Airport Blvd. 3/31 Complete #7) Investigate the feasibility and potential effectiveness of relocating the 4/30 Complete. Overhead lines relocated and placed underground on Highway overhead line between Mills Road and Adeline Drive on EI Camino Real to the Rd. between Adeline and Mills. city street east of EI Camino. #8) Install multiple fault indicators beyond recloser A-82. 2/28 Complete #9) Identify and replace Self-Protected transformers on the mainline of the 9/30 Complete. 19 locations identified. circuit as a preventative measure. #10) Conduct infrared inspections at nine more underground locations near 1/31 Complete. No problems found. Peninsula Avenue and Humboldt Street. #11)Accelerate completion of all pending non-pole maintenance tags that 3/31 Complete. could potentially impact reliability #11 a) 2 remaining maint.tags to be engineered& completed within 90 days. 8/30 Complete. #12)All new installations involving pole bolted transformers will include On-going On-going bushing covers, insulated jumpers and fiberglass mounting brackets. #12a) Install bushing covers and insulated jumpers on all primary risers in the 6/30 Complete. 30 locations identified. OCB zone. #13)Accelerate the routine patrol of the entire circuit with emphasis on 10/31 Complete. See Al#6a & 13a. identifying locations where reconstructing pole tops or protecting tree wire/conductor might reduce the likelihood of tree related outages. #13a) Complete 1 reliability related EPCM tag generated from accelerated 5/30 Complete patrol (see Al #13). 1/5/2004 This action plan is dynamic and will be revised as further review occurs and alternatives are developed and analyzed. 1 of 6 BAY MEADOWS 2101 BURLINGAME Item Due Date Status #14) Accelerate normal tree-trimming schedule. 2/28 Complete #15) Conduct infrared inspection of 36 underground locations. 2/28 Complete. See Al#15a. #15a) Replace connector at T-2823. 3/21 Complete #16) Install a new recloser near California and Morrell Avenue. 6/30 Complete. Includes SCADA. #17) Accelerate the routine patrol of the enfire circuit with emphasis on 3/31 Complete. See Al#17a. identifying locations where reconstructing pole tops or protecting tree wire/conductor might reduce the likelihood of tree related outages. #17a) Complete 7 reliability related EPCM tags generated from accelerated 6/30 Complete. patrol (see Al#17) #18) Identify possible locations and determine the potential effectiveness of 9/30 Complete. 12 locations identified. installing additional overhead fuses on the circuit. #19) Accelerate the completion of all pending non-pole maintenance tags 3/31 Complete that could potentially impact reliability. #20) Identify and replace Self- Protected transformers on the mainline of the 9/30 Complete. 24 locations identified. circuit as a preventative measure. #20a) Replace 4 overhead and 4 PM/SS type transformers that may became 5/30 Complete. Engineering determined that only 2 overhead and 2 PM/SS overloaded during summer peak periods. transformers were overloaded. #201b) Install bushing covers and insulated jumpers on all primary risers in 6/30 Complete. 4 locations identified. the OCB zone. #21) Install fault indicators at various locations 2/28 Complete 1/5/2004 This action plan is dynamic and will be revised as further review occurs and alternatives are developed and analyzed. 2 of 6 MISCELLANEOUS BURLINGAME Item Due Date Status #22) Review reliability of 4kV and 12kV circuits to see what, if any action, 1/31 Complete. 3 additional circuits identified (Millbrae 1101, Millbrae 1107 and required. Burlingame 0405). Action item lists for these circuits included with package provided to City Council on 4/21. #23) Gather and analyze Average Interruption Duration Index,Average 1/31 Complete. Can be combined with AI #22. Interruption Frequency Index, Momentary Average Interruption Duration Frequency Index data for Peninsula Division and all circuits in Peninsula Division. Analyze data for circuits feeding Burlingame. #24) Identify and assign Peninsula Division Reliability Project Manager 1/24 Complete #25)Accelerate the normal tree-trimming schedule for Millbrae 1107 circuit. 2/28 See At#1, Millbrae 1107 #26) Schedule inspection of the EI Camino Real corridor with the City 1/24 Complete Arborist and a representative of Cal Trans in order to identify mutually agreed upon tree work that could potentially help address reliability issues. #27) Develop mutually agreeable schedule of ongoing meetings with 2/12 PG&E to report to City Council on 3rtl Monday every other month beginning Burlingame city leaders and the public to review progress toward addressing 2/18. Meeting to be held with citizen's group 3/11 at 7pm and every other reliability related issues. month thereafter. #28) Investigate the use of EON devices to monitor outages at selected 3/28 Complete. EONS installed in 7 zones providing full coverage. residences. 1/5/2004 This action plan is dynamic and will be revised as further review occurs and alternatives are developed and analyzed. 3 of 6 MILLBRAE 1101 BURLINGAME kern Due Date Status #1) Accelerate normal tree-trimming schedule. 4/6 Complete. #2) Identify possible locations and determine the potential effectiveness of 6/30 Complete. 1 location identified. installing additional overhead fuses on the circuit. #3) Accelerate the routine patrol of the mainline only between the substation 4/30 Complete 4/6. OCB and recloser#8944. #4) Accelerate the completion of all pending non-pole maintenance tags that 5/30 Complete. could potentially impact reliability. 1/5!2004 This action plan is dynamic and will be revised as further review occurs and alternatives are developed and analyzed. 4 of 6 MILLBRAE 1107 BURLINGAME item Due Date Status #1)Accelerate normal tree-trimming schedule. 4/30 Complete 4/19. #2) Identify possible locations and determine the potential effectiveness of 6/30 Complete. 3 locations identified. installing additional overhead fuses on the circuit. #3)Accelerate the routine patrol of the mainline only between the substation 4/30 Complete 4/6. OCB and recloser#2030. #4)Accelerate the completion of all pending non-pole maintenance tags that 5/30 Complete. could potentially impact reliability. 1/5/2004 This action plan is dynamic and will be revised as further review occurs and alternatives are developed and analyzed. 5of6 BURLINGAME 0405 BURLINGAME Item Due Date Status #1) Accelerate normal tree-trimming schedule. 4/30 Completed 6/13. #2) Identify possible locations and determine the potential effectiveness of 7/31 Complete. 15 locations identified. installing additional overhead fuses on the circuit. #3)Accelerate the routine patrol of the entire circuit. 5/30 Complete 4/6. #4)Accelerate the completion of all pending non-pole maintenance tags that 6/30 Complete. could potentially impact reliability. 1/5/2004 This action plan is dynamic and will be revised as further review occurs and alternatives are developed and analyzed. 6 of 6 Average Interru tion Duration ExcludingMajor Events Including Major Events 2002 2003 d 2002 2003ytd System 139.7 185.5 381.2 185.5 Peninsula Division 106.0 134.2 453.8 134.2 Burlin ame 154.2 115.7 757.8 115.7 Ba Meadows 2101 282.3 93.7 965.5 93.7 San Mateo 2102 523.4 307.8 1982.1 307.8 Millbrae 1101 203.8 78.71 203.8 78.7 Millbrae 1107 267.6 0.0 -671.31 0.0 Burlingame 405 0.0 0.01 810 2F 0.0 Average Interruption Frequency ExcludingMa or Events IncludingMajor Events 2002 2003ytd 2002 2003 d �J System 1.11 1.31 1.67 1.31 Peninsula Division 1.00 1.10 1.80 1.10 Burlingame 1.93 1.24 3.15 1.24 Bay Meadows 2101 4.52 2.46 6.79 2.46 San Mateo 2102 3.96 3.01 8.25 3.01 Millbrae 1101 1.40 1.00 1.40 1.00 Millbrae 1107 0,481 0.00 2.39 0.00 Burlingame 405 0.00 0.00 1.99 0.00 Notes: 1. Average Interruption Duration -- The average amount of time a customer is without power due to sustained outages during a calendar year. 2. Average interruption Frequency -- The average number of sustained outages a customer experiences during a calendar year. 3. 2003 data is year-to-date (approx. mid-to-late December) 4. Major Event-- An event resulting in sustained outages to more than 10% of all PG&E customers. These are typically significant storms like the one that occurred in December 2002. � 0 CITY STAFF REPORT BURI.INGAME AGENDA yITEM # 6a MTG. ' A. �„�e��0 DATE 1/5/04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMT BY f 9 il DATE: December 14, 2003 APPRO V ,moi FROM: Parks & Recreation Director (558-7307) BY 'i� ' SUBJECT: APPEAL OF BEAUTIFICATION COMMISSIO ECISION ON PROTECTED TREE AT 1537 WESTMOOR ROAD RECOMMENDATION: It is recommended that Council uphold the denial by the Commission and encourage the appellants to return to the Commission with documented third party expert opinion showing a direct relationship between the chimney problems/interior damage (cracks) and the tree. BACKGROUND: On September 19 Frouk Kouchek-Ali, the property owner at 1537 Westmoor Road, and his neighbor Peter Tokarski of 1533 Westmoor Road submitted an application for a permit to remove a protected tree (exceeds 48" in circumference at 54" above ground level). The tree is a Coast Live Oak. Reasons cited included interference with the draw of the fireplace chimney, possible damage to the house foundation, lifting of an incidental path in the yard, and acorn nuisance. There were no submittals from third party experts, e.g. Certified Arborist, experts in chimney functions. The City Arborist inspected the tree. He found the tree to be in good health with many years of life expectancy. He did see interior cracks, but there was no demonstration that they were related to the tree, e.g. exposure of roots at foundation. He did observe a lifted yard path. The City Arborist would have given consideration to the draw of the chimney, but nothing other than personal opinion was presented showing a relationship between the functioning of the chimney and the presence of the tree. Based on the inspection and lack of supporting documents, the City Arborist denied the permit application. He believed that the tree could be managed by routine pruning. The denial was appealed to the Beautification Commission by Mr. Kouchek-Ali and Mr. Tokarski. Both repeated their belief that the tree was in an inappropriate location, that it might be affecting the draw of the chimney, and that interior cracks in the house may be related to its presence. They also pointed to the damage to the yard path and the nuisance/damage caused by dropping acorns. They both believed that their ability to enjoy their yard was diminished by the tree. Neither expressed an interest in routinely maintaining the tree. Both expressed a willingness to plant any replacement trees that the Commission might require. Invoices for chimney maintenance by a chimney sweep were presented, but no third party expert opinions on the condition of the chimney were presented. The Commission denied the appeal, believing that the tree was a valuable asset and could be managed with adequate maintenance. The letter of denial to the appellants also invited a rehearing based upon the submittal of compelling expert opinion. ATTACHMENTS: 1. Permit Application 2. Correspondence related to application 3. Beautification Commission minutes from November 6, 2003 BUDGET IMPACT: None CIT7AGENDA 6b °� ITEM# BURLINGAME STAFF REPORT MAG. <, DATE 1/5/2004 To: Honorable Mayr_and Council SUBMITTY.H— BY DATE: December 24, 2005 APPROVE ,. ii BY- —� Al,Zil Ahd 4? I FROM: Larry E. Anderson, City Attorney SUBJECT: JANUARY REVIEW AND RENEWAL OF AMUSEMENT PERMITS ON SIX-MONTH REVIEW RECOMMENDATION: Review existing amusement permits ready for January review and renew the following amusement permits for a 6-month period: Alibi Club Fanny & Alexander Dollarwise/Hobby Unlimited Matsusono Fandorin Restaurant Towles Cafe Cancel the following amusement permit as the establishment has closed: Left at Albuquerque DISCUSSION: In June, the City Council renewed the permits for Alibi Club, Dollarwise, Fanny& Alexander, and Towle's Cafe with some amendments. Fandorin and Matsusono applied for and received amusement permits in the past six months. The Police Department has reviewed the performance at the 6 establishments, which is summarized below. Each of the permit holders was notified of the Council review. REVIEW OF INDIVIDUAL PERMITS The Alibi Club. It is recommended that the establishment continue on 6-month renewal. The Alibi Club has calmed down as reported in the June review. However, they continue to have a marked number of calls. There were 13 calls for service related to bad conduct by patrons, which is about twice the average for bars in the City that have amusement permits. Dollarwise/Hobby Unlimited. The establishment has had a permit for 5 video machines for two years. There have been no reported problems with the video games, but there continues to be concern about items for sale in Mayor and Council Re: Six-Month Review and Renewal of Amusement Permits December 24, 2003 Page 2 the store. The store's owner has been very cooperative with the Police Department in removing questionable items. Fandorin Restaurant. The establishment has been open about 6 months. There have been no calls for service directly related to the restaurant or entertainment. Fanny & Alexander. The establishment has been open about 3 and a half years. The Department has responded to 39 calls for service in the past 6 months, which is about the same as the previous six months. The service calls are often the result of the establishment taking the necessary steps to control behavior by its patrons, and the establishment continues to cooperate with the Department. However, it is also a popular venue; with the closure of Left at Albuquerque, some problems may be alleviated. One concern has been that a crowd remains in front of the establishment after it closes on weekends, which sometimes leads to trouble. Staff requests that condition# 16 be amended to read= 16. The establishment will provide additional security outside the establishment between 10 p.m. and 2 a.m. (or until patrons disperse following closing, whichever is later) on Friday and Saturday nights; this condition may be met by a paid detail officer Left at Albuquerque. This establishment closed in the fall. The permit is nontransferable, and notice has been given that the City intends to cancel it without prejudice to the owners or location. Matsusono. There have been no calls for service or problems associated with this restaurant on Paloma Avenue. Towles Caf6. This amusement permit was approved about 8 months ago. The permissible hours have been extended from noon to 11 p.m. There has been only one call for service. Distribution Chief of Police AGENDA BURLINGAME STAFF REPORT ITEM# 6C MTG. 1/5/04 D TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED Mom WOW ww-p— DATE: December 2, 2003 BY APPROVE FROM: PUBLIC WORKS (650-558-7230) BY SUBJECT: ADOPT AN ORDINANCE FOR THE INSTALLATION OF STOP SIGNS ON BELLEVUE AVENUE AT CITY HALL CIRCLE RECOMMENDATION: 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. BACKGROUND:City Hall Circle is composed of five approaches from three streets,including Bellevue Avenue, Primrose Road and Douglas Avenue. Currently,eastbound and westbound Bellevue Avenue within the circle are controlled by yield signs, while Bellevue Avenue traffic approaching the circle is controlled by stop signs. The approach on Douglas Avenue also has a stop sign. Primrose Road is the only street that is not controlled and has the through right-of-way. DISCUSSION: Driver right-of-way confusion exists at this intersection,especially on Bellevue Avenue. Drivers traveling on Bellevue Avenue from either the west(El Camino Real)or from the east(California Drive)approach the circle and are required to stop. However,after making the stop and proceeding into the circle,they are required only to yield to cross-traffic on Primrose Road and are not required to yield to on-coming traffic when making a left turn. On-coming drivers unfamiliar with the intersection may not realize this, creating the potential for accidents. Traffic engineering convention prescribes that traffic controls be consistent and fairly intuitive for the average driver. However, at this intersection opposing drivers may make the assumption that traffic controls in place for them are similar to those for drivers traveling in the opposite direction. This is not the case here; and, as a result, the condition is considered non-standard and potentially places drivers in a confusing situation. At their October 9, 2003 meeting, the Traffic, Safety and Parking Commission concurred with a staff recommendation to replace the two existing yield signs on Bellevue Avenue at City Hall Circle with two stop signs. 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 ,t,c /i4g�stine Chou, Traffic Engineer c: City Clerk S:\A Public Works Directory\Staff Reports\ORDINANCE-STOPS-BELLEVUE2.wpd I ORDINANCE No. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 13.20.010 FOR 3 INSTALLATION OF STOP SIGNS AT THE INTERSECTION OF BELLEVUE AVENUE APPROACHING AND CROSSING PRIMROSE ROAD 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 Section 1. The City would like to enhance the safety of the traffic circle in front of City 7 Hall and the Main Library. While it functions adequately,it may be confusing for some drivers and 8 clearer,firmer direction might help alleviate that concern. Placement of stop signs at each segment 9 of Bellevue Avenue as it crosses Primrose Road is appropriate. 10 I 1 Section 2. Subsection 13.20.010(b) is amended to read as follows: 12 b) Balboa Drive approaching Davis Drive; 13 Balboa Way approaching Ray Drive; 14 Barriolhet Avenue approaching Cypress Avenue; 15 Bayswater Avenue approaching Dwight Road; 16 Bayswater Avenue approaching Arundel Road; 17 Bayswater Avenue approaching Bloomfield Road; 18 Bayswater Avenue approaching Humboldt Road; 19 Bayswater Avenue approaching Park Road; 20 Bellevue Avenue approaching Lorton Avenue; 21 Bellevue Avenue approaching Primrose Road, including City Hall Circle; 22 Bernal Drive approaching Devereux Drive; 23 Bloomfield Road approaching Bayswater Avenue; 24 Broadway approaching Vancouver Avenue; 25 Broadway Avenue approaching Cortez; 26 Burlingame Avenue approaching Anita Road. 27 Burlingame Avenue approaching Bloomfield Road; 28 Burlingame Avenue approaching Carolan Avenue and East Lane; 1 Burlingame Avenue approaching Dwight Road; 2 Burlingame Avenue approaching Lorton Avenue; 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 1"day of January, 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: 1' ABSENT: COUNCILMEMBERS: 14 15 City Clerk 16 C:\FILES\ORDINANC\stopsign20033.pwd.wpd 17 18 19 20 21 22 23 24 25 26 27 28 .O CIO a'Po s� OT `mss City Hall � � J x E``EVVE c� N B pvE i x r x Y Library a'Po s� TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Approved Thursday, October 9, 2003 4.2.3 STOP signs for east/westbound Bellevue Avenue at Primrose Road in City Hall Circle Mr. Chou explained that this location has five separate approaches to City Hall Circle. The streets are northbound and southbound Primrose Road, eastbound and westbound Bellevue Avenue and westbound Douglas Avenue. Mr. Chou stated that this intersection currently has two YIELD signs in the center portion of the circle, on east and west Bellevue Avenue. He said that this current installation was causing driver confusion since the opposite approaches either had no STOP controls, or did have STOP signs posted. He said that the current third option to yield was creating a confusing situation at that intersection. Mr. Chou said that staff was recommending replacement of the YIELD signs with STOP signs. A motion was made(Comms. Warden/Cohen) to adopt staff's recommendation and recommend to Council the installation of stop signs at east- and westbound Bellevue Avenue at City Hall Circle. Approved by the Commission 3-2 (Comms. De Angelis and Mayer absent). 4.2.4 On-street parking study for 800 block of California Drive See Item 5.3. 4.2.5 Red zone on California Drive at Palm Drive Mr. Chou stated that the City received a resident's complaint about parked vehicles on California Drive impairing site visibility when trying to turn left onto California Drive from Palm Drive. Mr. Chou said that after careful evaluation,both Police and Engineering staff felt that eliminating some of the parking might not help the sight-visibility situation. Mr Chou concluded that there was no clear, single solution that did not also affect the parking situation along the 800 block of California Drive. A motion was made (Comms. Warden/McIver) to deny this request and referred this issue to the commission's subcommittee to be considered with Item 5.3. Approved by the Commission 3-2 (Comms. De Angelis and Mayer absent). 4.2.6 Height limit signs for 1200 block of Rollins Road Mr. Chou stated that this request was initiated by City staff due to Code Enforcement problems pertaining to tall commercial vehicles parking along this portion of Rollins Road.Mr.Chou said that this request may be a moot issue and that the problem may have been eliminated because the offending business has relocated outside the city. No action is necessary. 4.2.7 Handicap zone at 728 Linden Avenue Mr. Chou stated that after several field investigations, staff determined that the resident has a fairly long and wide driveway. He stated that since the driveway was long enough to accommodate several vehicles in tandem and that the driveway and its surrounding walkways are flat and level, staff was recommending denial of this request. Mr. Chou also stated that a policy statement would be drawn up regarding handicap zone requests to aid City staff and the commission in future requests.Comm. Cohen stated that each case is different and should be considered on an individual basis. Mr. Chou The City of Burlingame Page 3 CITY 0 STAFF REPORT BURLJNGAME AGENDA ITEM# 6d MTG. DATE 1/5/04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE i BY DATE: December 21, 2003 APPROV e FROM: Jesus Nava, Finance Director/Treasurer BY 111 650-558-7222 ' SUBJECT: Resolution Authorizing Sale of Bonds and Execution of Documents in Connection with Sale RECOMMENDATION: 1. That the City Council Hold Public Hearing 2. That the City Council Approve Resolution BACKGROUND: The proposed resolution authorizes the sale of up to $23 million in revenue bonds for the Water and Sewer funds. This is the second of a planned series of revenue bond issues that finance the ten-year capital improvements plan for the water and sewer systems. The City Council approved the ten-year plan in February 2002. A copy of the charts showing the areas impacted by the water and sewer improvements over the next ten years are attached. This issue is larger because last year's borrowing(January 2003) was less than was originally envisioned. The City opted to limit the 2003 issuance to $8.7 million given that low water consumption had negatively impacted sewer and water revenues. Rather than borrowing funds to finance three years worth of projects, the City borrowed funds to cover one-year of projects and subsequently implemented a water and sewer rate structure to stabilize future revenue collections and repay the debt. The firm of Hilton, Farnkopf and Hobson served as rate consultants for the water and sewer funds. They devised a strategy to ensure that future fluctuations in water consumption would not impact revenues so markedly. Their recommendations were implemented as part of the FY 2003-04 water and sewer rate setting process. The proposed calendar for issue of these bonds calls for bids to be received on a competitive basis on January 27, with funding to occur by mid-February. Copies of the Preliminary Official Statement, Trust Agreement, Installment Sale Agreements,Notice of Intention to Sell Bonds and Notice of Sale are available for public inspection at the Office of the City Clerk. Electronic copies are also available for e-mail to Council members as well as interested members of the public by contacting the City Clerk. ATTACHMENTS: Resolution, Ten-Year Plan Charts. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE ISSUANCE BY THE BURLINGAME FINANCING AUTHORITY OF NOT TO EXCEED $23,000,000 AGGREGATE PRINCIPAL AMOUNT OF WATER AND WASTEWATER REVENUE BONDS TO FINANCE CERTAIN IMPROVEMENTS TO THE WATER AND WASTEWATER SYSTEMS OF THE CITY; AUTHORIZING EXECUTION AND DELIVERY OF INSTALLMENT SALE AGREEMENTS; APPROVING FORM OF OFFICIAL STATEMENT; AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE FINANCING WITH THE BURLINGAME FINANCING AUTHORITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame (the "City") and the Redevelopment Agency of the City of Burlingame (the "Agency") have heretofore executed a Joint Exercise of Powers Agreement, dated as of May 15, 1995 (the "Joint Powers Agreement"), by and between the City and the Agency, which Joint Powers Agreement creates and establishes the Burlingame Financing Authority (the "Authority"); and WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California(the "Marks-Roos Local Bond Pooling Act of 1985") and the Joint Powers Agreement, the Authority is authorized to issue bonds for financing public capital improvements whenever there are significant public benefits to be realized; and WHEREAS, the City desires to approve the Authority's issuance of not to exceed $23,000,000 in aggregate principal amount of Burlingame Financing Authority Water and Wastewater Revenue Bonds, Series 2004 (the "Bonds") for the purpose of financing the construction of certain improvements to the water and wastewater systems of the City (the "Projects"); and WHEREAS, in order to finance the Projects, the City desires to enter into an installment sale agreement (water system) and an installment sale agreement(wastewater system) (collectively, the "Installment Sale Agreements"); and WHEREAS, there have been submitted and are on file with the City Clerk proposed forms of the Installment Sale Agreements, an Official Statement with respect to the Bonds proposed to be sold by the Authority, and a Trust Agreement by and between the Authority and BNY Western Trust Company(the "Trust Agreement"); and 1 4 WHEREAS, the issuance of the Bonds by the Authority and the execution and delivery of the Installment Sale Agreements will result in significant public benefits through demonstrable savings in the effective interest rates and bond issuance costs expected to be paid for the bonds issued to finance the Projects, and that it furthers the public purpose to assist in such financing, NOW THEREFORE,the City Council of the City of Burlingame hereby finds, determines, declares and resolves as follows: ` 1. All of the recitals set forth above are true and correct, and the City Council so finds and determines. 2. The City Council hereby approves the issuance of the Bonds by the Authority, in an aggregate principal amount not to exceed $23,000,000, to finance the Projects. The City Manager and Finance Director/Treasurer of the City are hereby directed to perform the duties, if any, imposed upon each of them by the provisions of the financing documents approved herein, including the Trust Agreement for the Bonds and the Installment Sale Agreements, and the Finance Director/Treasurer of the City is hereby authorized and directed to hold the funds and accounts created in said financing documents and directed or permitted to be held by the City. 3. The proposed form of Installment Sale Agreement(Water System) by and between the City and the Authority, on file with the City Clerk, is hereby approved. The City Manager and the Finance Director/Treasurer,jointly and severally, are hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver an installment sale agreement in substantially said form, with such changes therein as such officers may require or approve (including changes as may be necessary to obtain municipal bond insurance for the Bonds), such approval to be conclusively evidenced by the execution and delivery thereof, provided, however, that: (i)the term of said installment sale agreement shall end no later than April 1, 2033; and (ii) the maximum annual amount of said installment sale payments shall not exceed $1,100,000. 4. The proposed form of Installment Sale Agreement (Wastewater System) by and between the Authority and City, on file with the City Clerk, is hereby approved. The City Manager and Finance Director/Treasurer,jointly and severally, are hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver an installment sale agreement in substantially said form, with such changes therein as such officers may require or approve (including changes as may be necessary to obtain municipal bond insurance for the Bonds), such approval to be conclusively evidenced by the execution and delivery thereof, provided, however, that: (i)the term of said installment sale agreement shall end no later than April 1, 2033; and (ii)the maximum annual amount of said installment sale payments shall not exceed $700,000. 5. The proposed form of Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"), on file with the City Clerk, is hereby approved. The City Manager and Finance Director/Treasurer,jointly and severally, are hereby authorized, for and in 2 the name and on behalf of the City, to execute the final Official Statement, and to deliver the Official Statement in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Distribution by the financial advisor of a Preliminary Official Statement relating to the Bonds is hereby approved. 6. The City Manager and Finance Director/Treasurer,jointly and severally, are hereby authorized on behalf of the City to execute a Continuing Disclosure Certificate containing such covenants of the City as shall be necessary to comply with the requirements of Securities and Exchange Commission Rule 15c2-12. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of such Continuing Disclosure Certificate. 7. The officers and City Council members of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents and certificates which they deem necessary or advisable in order to consummate the execution and delivery of the documents mentioned herein and otherwise to effectuate the purposes of this Resolution and the transactions contemplated hereby, including but not limited to obtaining bond insurance. 8. All actions heretofore taken by the officers and agents of the Council of the City with respect to the financing of the Project are hereby ratified, confirmed and approved. 9. This Resolution shall take effect from and after its adoption and approval. Mayor I, ANN T. MUSSO, City Clerk, hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Burlingame at a regular meeting thereof held on the 5th day of January, 2004, by the following vote of the members thereof: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 3 CLERK'S CERTIFICATE I, ANN T. MUSSO, Clerk of the City of Burlingame, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the City Council of the City of Burlingame at a regular meeting of said Council duly and regularly and legally held at the Council Chambers, 501 Primrose Road, Burlingame, California, on January 5, 2004, of which all of such members had due notice, as follows: AYES: NOES: ABSTAIN: ABSENT: An agenda of said meeting was posted at least 72 hours before said meeting at 501 Primrose Road, Burlingame, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: January 5, 2004. Clerk of the City of Burlingame 4 CLERK'S CERTIFICATE I, ANN T. MUSSO, Clerk of the City of Burlingame, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the City Council of the City of Burlingame at a regular meeting of said Council duly and regularly and legally held at the Council Chambers, 501 Primrose Road, Burlingame, California, on January 5, 2004, of which all of such members had due notice, as follows: AYES: NOES: ABSTAIN: ABSENT: An agenda of said meeting was posted at least 72 hours before said meeting at 501 Primrose Road, Burlingame, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: January 5, 2004. Clerk of the City of Burlingame 4 SANITARY SEWER REHABILITATION PROGRAM 140 NIP STATION S'I -77 STUDY 82 I -- - - ��,•��x. l �``^ \ ``'ir '<^` ��l'\\ ��/�/ Z. :; �' i� (FORCE IMM) r`C 61 � ��\ (� sa-: ✓ J" :I i '3�;' .f. �\ `�:�� _ i x'11 .•>/fi• `1: ` , ��%� �/ �% cli?-"'�� - J.i �•- '` ,- �\J\//\a '\.J STUDY 03 PIPE RATION j`''" \ it ��(I,�'' /,/i n !� r.''"� -,�•. .., `J% \��, Jam,, \ 1 �'� s� \ �` � U� r �/ 1.BURLINGA / `\\� \`, SUBDIVISIO } REHABILITAT l r ti`i WATER SYSTEM REHABILITATION PROGRAM ,f \ \ tw 2.EL CAMINO F !/ 41 \ ' {_� ?\\ .� � JB \,.. .y�'m,.lam,ti �`�2`�'y x.� ._._,_._. �' • �,.� _.T. w. %C � i s STAT Cf t V/ * CaROV =s. i r.. .fi. J :: J mow, ��, i .,.�; �� ".^..-•''. .a �\ * .� ,>—"• '' "TANK � ':;�, `y�?,``\,4`':`�;'`f< �,, ++ ••'?� !'�• � / 01�E � ('IR�` ��' �\ �'\�..�(. LLS 1.` Y ,�� STAT"r DONNELLY I.MILS TANK t J.BURLINGA BURLINGAME •�\\� t•�1-1?� , !wa `�3!fie i � ;� �7 '`11 � s�� 5.EL CAMINO REAL �� STAFF REPORT AGENDA BUIVNGAME 8a ITEM# MTG. �°"'�q,.gir x, 9 9 DATE 1.05.04 To: HONORABLE MAYOR AND CITY COUNCIL sUBMITTE BY DATE: DECEMBER 19 2004 APPROVE f FROM: CITY PLANNER BY %� SUBJECT:INTRODUCTION OF ORDINANCE TO CHANGE FEN E 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. 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) INTRDD UCTION 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: 21 (a) Arbors where the maximum r Area Ias 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 measied from adjacent grade does not ek&04nine(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 -F (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 2-. (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 1- (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 fr. (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 bomds as an accessory use to pennitted churche 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,signs,-lighting,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 Automobile VoiipW parking spaces to be provided. 11 +-.-(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 may be provided. se expressly perntted by a section of this cliapter,parking 22 required byr this chapter`is to lie provided n the`same lot as the,use for which the packing is 23 required: 24 25 Section 8. This ordinance shall be published as required by law. 26 27 28 Mayor 3 f 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:\FILES\ORDINANC\zoningupdate2004.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 MON-ROE 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 of employees 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 structure/use is,can the commission require applicant's to provide off site 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 8,2003,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 commissionerprior to the time the commission votes on the motion to adopt- Chair doptChair 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 Standard for Arbors 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 ifthere was some way in which modest,decorative arbors could be allowed within the current fence regulations. In the process of studying the"arbor"issue stafffound 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 ofthe 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 ofthe intention ofthe zoning code regarding where parking for a new building or new use should be located e.g.on the site ofthe 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 ofthe 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 Ordnance Regarding Fences to Establish Standard forArbors in the Front Yard and a Clean Up ofSignage 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 25.70.0 10 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 of Location of Parking. 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". c 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(601/6)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. Amendment to Fence Requirements for Arbors, Removal of References,to Signage in Zoning Code, and Clarification of Location 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 (24) 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 ollows:25.78.020 Height of fences in R districts. 1- (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-1 districts: 2 Zoning Code Amendments Annotations: Amen&nent to Fence Requirements jor Arbors,Removat of References to Signage in Zoning Code,and CYarifieation of Location of Parking October 30,2003 4: (a) One building designed and used as a single-family dwelling; 2. (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; 5, (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. 1 esiate signs as n Title 22 efthis code, 4 Cti u bulletin a ted churches- 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. 1-(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. (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: Amenrbnentto Fence Requirements jor Arbors, Removal of References to Signage in Zoning Code, and G7arification 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 AGENDA 8b oor ITEM # W STAFF REPORT MAG. DATE 1 /5/2004 TO: Honorable Mayor and Council SUBMITTED BY DATE: December 30, 2003 APPRO 1 (J BY J)Yl ) FROM: Larry E. Anderson, City Attorney SUBJECT: INTRODUCE ORDINANCE AMENDING CHAPTER 25.76 AND ADDING CHAPTER 10.58 TO CLARIFY REGULATIONS REGARDING ADULT-ORIENTED BUSINESSES RECOMMENDATION: Introduce ordinance that would clarify and strengthen the City's regulations regarding adult-oriented businesses by: A. Requesting the City Clerk to read the title of the proposed ordinance. B. Waiving further reading of the ordinance. C. Introducing the proposed ordinance and directing publication of a summary at least 5 days before its proposed adoption. DISCUSSION: 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. 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 documentation must also be reviewed by the Council before the public hearing on the ordinance. Mayor and Council Re: Introduce Ordinance Amending Chapter 25.76 and Adding Chapter 10.58 to Clarify Regulations Regarding Adult-oriented Businesses December 30, 2003 Page 2 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. 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 of Austin,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 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 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); 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 of Adult-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 of Los 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 Ca1.3d 14(1989);and City of Vallejo v. Adult Books, et al., 167 Cal.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(11 th Cir. 199 1) 28 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074. 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 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 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. 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 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 28 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. 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 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. 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 10.5 8.090 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 28 of the number of which are distinguished or characterized by an emphasis upon the depiction 13 I or description of specified sexual activities or specified anatomical areas; or 2 (ii) Adult bookstore. "Adult bookstore" means an establishment that has thirty(30) 3 percent or more of its stock in books, magazines, periodicals or other printed matter, or of 4 photographs, films, motion pictures, video cassettes, slides, tapes, records, disks, or other 5 forms of visual or audio representations which are distinguished or characterized by an 6 emphasis upon the depiction or description of specified sexual activities and/or specified 7 anatomical areas; or 8 (iii) Adult cabaret. "Adult cabaret"means a nightclub,restaurant,or similar business 9 establishment that: 10 (A) Regularly features live performances which are distinguished or 11 characterized by an emphasis upon the display of specified anatomical areas or 12 specified sexual activities; or 13 (B) Regularly features persons who appear semi-nude; or 14 (C) Shows films,computer generated images,motion pictures,video cassettes, 15 slides,or other photographic or graphic reproductions thirty(3 0)percent or more of the 16 number of which are distinguished or characterized by an emphasis upon the depiction 17 or description of specified sexual activities or specified anatomical areas; or 18 (iv) Adult hotel/motel. "Adult hotel/motel"means a hotel or motel or similar business 19 establishment offering public accommodations for any form of consideration that: 20 (A) Provides patrons with closed-circuit television transmissions, films, 21 computer generated images, motion pictures, video cassettes, slides, or other 22 photographic reproductions thirty (30) percent or more of the number of which are 23 distinguished or characterized by an emphasis upon the depiction or description of 24 specified sexual activities or specified anatomical areas; and 25 (B) Rents, leases, or lets any room for less than a six (6)hour period, or rents, 26 leases, or lets any single room more than twice in a 24-hour period; or 27 (v) Adult motion picture theater. "Adult motion picture theater" means a business 28 establishment where for any form of consideration,films,computer generated images,motion 14 I pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty 2 (30)percent or more of the number of which are distinguished or characterized by an emphasis 3 upon the depiction or description of specified sexual activities or specified anatomical areas; 4 or 5 (vi) Adult theater. "Adult theater"means a theater,concert hall,auditorium,or similar 6 establishment that for any form of consideration, regularly features live performances which 7 are distinguished or characterized by an emphasis on the display of specified anatomical areas 8 or specified sexual activities; or 9 (vii) Modeling studio. "Modeling studio" means a business that provides, for 10 pecuniary compensation,monetary or other consideration,hire or reward, figure models who, 11 for the purposes of sexual stimulation of patrons, display"specified anatomical areas" to be 12 observed, sketched,photographed,painted, sculpted or otherwise depicted by persons paying 13 such consideration. "Modeling studio" does not include schools maintained pursuant to 14 standards set by the State Board of Education. "Modeling studio" further does not include a 15 studio or similar facility owned, operated, or maintained by an individual artist or group of 16 artists, and which does not provide, permit, or make available "specified sexual activities." 17 (b) Adult material. "Adult material" means books, magazines, periodicals, or other printed 18 matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, disks, or other 19 forms of visual or audio representations which are distinguished or characterized by an emphasis upon 20 the depiction or description of specified sexual activities and/or specified anatomical areas. 21 (c) Adult-oriented business operator or Operator. "Adult-oriented business operator" or 22 "Operator"means a person who supervises,manages, inspects, directs, organizes, controls or in any 23 other way is responsible for or in charge of the premises of an adult-oriented business or the conduct 24 or activities occurring on the premises thereof. 25 (d) Adult-oriented business performer or Performer. "Adult-oriented business performer"or 26 "Performer"means a person who,with or without compensation,publicly performs specified sexual 27 activities or publicly displays specified anatomical parts in adult-oriented businesses. 28 (e) Applicant. "Applicant"means a person who is required to file an application for a permit 15 I under this chapter, including an individual owner,managing partner, officer of a corporation, or any 2 other operator, manager, employee, or agent of an Adult-Oriented Business. 3 (f) Bar. "Bar" means any commercial establishment licensed by the State Department of 4 Alcoholic Beverage Control to serve any alcoholic beverages on the premises. 5 (g) Chief of police. "Chief of police" means the chief of police of the city or the chief's 6 authorized representative. 7 (h) Distinguished or characterized by an emphasis upon. "Distinguished or characterized by 8 an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by 9 the phrase.For example,when the phrase refers to films that are"distinguished or characterized by an 10 emphasis upon" the depiction or description of specified sexual activities or specified anatomical 11 areas, the films so described are those whose dominant or predominant character and theme are the 12 depiction of the enumerated sexual activities or anatomical areas. 13 (i) Entertainer. "Entertainer"means anyperson who is an employee or independent contractor 14 of the adult-oriented business,or any person who,with or without any compensation or other form of 15 consideration, performs live entertainment for patrons of an adult-oriented business. The term 16 "entertainer" also includes all adult-oriented business performers. 17 0) Figure model. The term "figure model" means any person who, for pecuniary 18 compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, 19 painted, drawn, sculptured, photographed or otherwise depicted. 20 (k) Health officer. "Health officer" means the chief of police of the city or his or her duly 21 authorized representative. 22 (I) Nudity or a state of nudity. "Nudity"or a"state of nudity"means the showing of the human 23 male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing 24 of the female breast with less than a fully opaque covering of any part of the nipple, or the showing 25 of the covered male genitals in a discernible turgid state. 26 (m) Operate an adult-oriented business. "Operate an adult-oriented business" means the 27 supervising,managing, inspecting,directing,organizing,controlling or in any way being responsible 28 for or in charge of the conduct of activities of an adult-oriented business or activities within an 16 I adult-oriented business. 2 (n) Person. "Person"means any individual,partnership,copartnership,firm,association,joint 3 stock company, corporation, or combination of the above in whatever form or character. 4 (o) Regularly features. 'Regularly features" with respect to an adult theater, adult motion 5 picture theater, or adult cabaret means a regular and substantial course of conduct. The fact that live 6 performances which are distinguished or characterized by an emphasis upon the display of specified 7 anatomical areas or specified sexual activities occurs on two(2)or more occasions within a thirty(3 0) 8 day period; three (3) or more occasions within a sixty(60) day period; or four(4) or more occasions 9 within a one hundred and eighty(180) day period, shall to the extent permitted by law be deemed to 10 be a regular and substantial course of conduct. 11 (p) Semi-nude. "Semi-nude"means a state of dress in which clothing covers no more than the 12 genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered 13 by supporting straps or devices. 14 (q) Specified anatomical areas. "Specified anatomical areas" means any of the following: 15 (i) Less than completely and opaquely covered human(A)genitals or pubic region;(B) 16 buttocks; or(C) female breast below a point immediately above the top of the areola; or 17 (ii) Human male genitals in a discernibly turgid state,even if completely and opaquely 18 covered; or 19 (iii) Any device, costume or covering that simulates any of the body parts included in 20 subsections (i) or(ii) above. 21 (r) Specified sexual activities. "Specified sexual activities" means any of the following, 22 whether performed directly or indirectly through clothing or other covering: 23 (i) The fondling or other erotic touching of human genitals, pubic region, buttocks, 24 anus, or female breast; or 25 (ii) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; 26 or 27 (iii) Masturbation, actual or simulated; or 28 (iv) Excretory functions as part of or in connection with any of the other activities 17 I described in subdivisions (I), (ii), or(iii) of this subsection. 2 3 10.58.020 Permits required. 4 (a) It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged 5 in, conducted or carried on, in or upon any premises in the city, the operation of an adult-oriented 6 business unless the person first obtains and continues to maintain in full force and effect an adult- 7 oriented business regulatory permit ("business permit") from the city as required by this chapter. 8 (b) It is unlawful for any person to engage in or participate in any live performance depicting 9 specified anatomical areas or involving specified sexual activities in an adult-oriented business unless 10 the person first obtains and continues in full force and effect an adult-oriented business performer 11 permit ("performer permit") from the city as required by this chapter. 12 13 Article 2. Application and Permits 14 10.58.025 Adult-oriented business regulatory permit application submittal. 15 Any person who proposes to maintain, operate, or conduct an adult-oriented business in the 16 city shall file an original and two (2) copies of an application with the chief of police upon a form 17 provided by the city and shall pay a filing fee, as established by resolution adopted by the city council 18 from time to time, which shall not be refundable. 19 20 10.58.030 Application contents. 21 (a) Adult-oriented business regulatory permits are nontransferable,except in accordance with 22 section 10.58.045. All applications shall include the following information: 23 (1) If the applicant is an individual,the individual shall state his or her legal name, including 24 any aliases,address,and submit satisfactory written proof that he or she is at least eighteen(18)years 25 of age. 26 (2) If the applicant is a partnership, the partners shall state the partnership's complete name, 27 address,the names of all partners,whether the partnership is general or limited, and attach a copy of 28 the partnership agreement, if any. 18 1 (3) If the applicant is a corporation,the corporation shall provide its complete name,the date 2 of its incorporation, evidence that the corporation is in good standing under the laws of its state of 3 incorporation,the names and capacity of all officers and directors,the name of the registered corporate 4 agent and the address of the registered office for service of process. 5 (b) If the applicant is an individual,he or she shall sign the application.If the applicant is other 6 than an individual, a duly authorized officer of the business entity or an individual with a ten (10) 7 percent or greater interest in the business entity shall sign the application. 8 (c) If the applicant intends to operate the adult-oriented business under a name other than that 9 of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show 10 proof of registration of the fictitious name. 11 (d) A description of the type of adult-oriented business for which the business permit is 12 requested and the proposed address where the adult-oriented business will operate,plus the names and 13 addresses of the owners and/or lessors of the adult-oriented Business site. 14 (e) The address to which notice of action on the application and all further notices regarding 15 the application or permit are to be mailed. 16 (f) The names of all employees,independent contractors,and other persons who will perform 17 at the adult-oriented business, who are required by section 10.58.020 to obtain an adult-oriented 18 business performer permit. 19 (g) A sketch or diagram showing the interior configuration of the premises, including a 20 statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need 21 not be professionally prepared, but must be drawn to a designated scale or drawn with marked 22 dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. 23 (h) A certificate and straight-line drawing prepared within thirty (30) days prior to the 24 application that depicts the geographic location of the adult-oriented business with the following: 25 (1) The building and the portion thereof to be occupied by the adult-oriented business; and 26 (2) The property lines of any other adult-oriented business within 300 feet of the primary 27 entrance of the adult-oriented business for which the business permit is being requested; and 28 (3) The property lines of any school, athletic field,residential zone, or use within 500 feet of 19 I the primary entrance of the adult-oriented business for which the business permit is being requested. 2 (i) A diagram of the off-street parking areas and premises entries of the adult-oriented 3 business, including the location of the lighting systems required by section 10.58.070 below. 4 0) If the chief of police determines that the application is incomplete,the chief of police shall 5 promptly notify the applicant of such a fact and, on request of the applicant, grant the applicant an 6 extension of time of ten (10) days or less to complete the application properly. In addition, the 7 applicant may request an extension,not to exceed ten (10) days, of the time for the chief of police to 8 act on the application.The time period for granting or denying a business permit shall be stayed during 9 the period in which the applicant is granted an extension of time. 10 (k) The fact that an applicant possesses other types of federal, state,or city permits, licenses, 11 or other approvals does not exempt the applicant from the requirement of obtaining an adult-oriented 12 business regulatory permit under this chapter. 13 14 10.58.035 Investigation and action on application. 15 (a) Upon receipt of a completed application and payment of the application and permit fees, 16 the chief of police shall immediately stamp the application as received and promptly investigate the 17 information contained in the application to determine whether the applicant shall be issued an adult- 18 oriented business regulatory permit. 19 (b) Within thirty(30) days of receipt of the completed application, the chief of police shall 20 complete the investigation, grant or deny the application in accordance with the provisions of this 21 section, and so notify the applicant as follows: 22 (1) The chief of police shall write or stamp"Granted"or"Denied"on the application and date 23 and sign such notation. 24 (2) If the application is denied, the chief of police shall attach to the application a statement 25 of the reasons for denial. 26 (3) If the application is granted, the chief of police shall attach to the application an adult- 27 oriented business regulatory permit. 28 (4) The application as granted or denied and the business permit, if any, shall be placed in the 20 I United States mail, first class postage prepaid, addressed to the applicant at the address stated in the 2 application. 3 (c) The chief of police shall grant the application and issue the adult-oriented business 4 regulatory permit if the chief finds: 5 (1) The proposed business meets the locational criteria of chapter 25.76; and 6 (2)The applicant has met all of the development and performance standards and requirements 7 of section 10.58.070 below; and 8 (3)The application is not otherwise denied pursuant to section 10.58.040 below.The permittee 9 shall post the business permit conspicuously in the adult-oriented business premises. 10 (d) If the chief of police grants the application or if the chief neither grants nor denies the 11 application within thirty (30) days after it is stamped as received (except as provided in section 12 10.58.030), the applicant may begin operating the adult-oriented business for which the business 13 permit was sought,subj ect to strict and continuous compliance with the development and performance 14 standards and requirements of this chapter. 15 16 10.58.040 Permit denial. 17 The chief of police shall deny the application if the chief finds any of the following: 18 (a) The building, structure, equipment, or location used by the business for which an adult- 19 oriented business regulatory permit is required does not comply with the requirements and standards 20 of the health, zoning, fire and safety laws of the city as set forth in this code, San Mateo County, or 21 the State of California; or 22 (b) The applicant or the applicant's employee, agent,partner,director,officer, shareholder or 23 manager has knowingly made any false, misleading or fraudulent statement of material fact in the 24 application for an adult business regulatory permit; or 25 (c) The applicant is under eighteen(18) years of age; or 26 (d) The required application fee has not been paid; or 27 (e) The adult-oriented business does not comply with the locational standards of chapter 25.76 28 of this code; or 21 1 (f) The adult-oriented business does not comply with the performance standards and 2 requirements of these regulations. 3 4 10.58.042 Permit expiration and renewal. 5 (a) Each adult-oriented business regulatory permit shall expire one (1) year from the date of 6 issuance, and may be renewed only by filing with the chief of police a written request for renewal, 7 accompanied by the annual permit fee and a copy of the permit to be renewed. The written request 8 for renewal shall update all information contained in the original application, such as additional 9 performers. 10 (b) The request for renewal shall be made at least thirty(30)days before the expiration date 11 of the business permit.When made less than thirty(30)days before the expiration date,the expiration 12 of the business permit will not be stayed. 13 (c) Applications for renewal shall be acted on as provided herein for action upon applications 14 for permits. 15 16 10.58.045 Transfer of adult-oriented business regulatory permits. 17 (a) A permittee shall not operate an adult-oriented business under the authority of an adult- 18 oriented business regulatory permit at any place other than the address of the adult-oriented business 19 as stated in the permit approved by the chief of police. 20 (b) A permittee shall not transfer ownership or control of an adult-oriented business or transfer 21 an adult-oriented business regulatory permit to another person unless and until the transferee obtains 22 an amendment to the business permit from the chief of police stating that the transferee is now the 23 permittee. To apply for such an amendment,the permittee and the transferee shall file an application 24 for transfer in the form and containing the information described in section 10.58.030 above together 25 with the signature of the permittee and accompanied by a transfer fee in an amount set by resolution 26 of the city council. The amendment application shall be processed and reviewed by the chief of police 27 in accordance with sections 10.58.030 to 10.58.040 as if the transferee were apply for an original 28 business permit. 22 I (c) No business permit may be transferred when the chief of police has notified the permittee 2 in writing that the permit has been suspended or revoked. 3 (d) Any attempt to transfer a permit either directly or indirectly in violation of this section is 4 hereby declared void, and the business permit shall be deemed revoked. 5 6 10.58.050 Adult-oriented business performer permit required. 7 (a) No person shall engage in or participate in any live performance depicting specified 8 anatomical areas or involving specified sexual activities in an adult-oriented business,without a valid 9 adult-oriented business performer permit ("performer permit") issued by the city. 10 (b) No operator shall employ or allow a performance at an adult-oriented business by any 11 person as a performer or entertainer who is required to obtain a performer permit under this chapter 12 unless that performer or entertainer has first obtained approval of a performer permit pursuant to this 13 chapter. 14 (c) Any person who has been issued an adult-oriented business regulatory permit pursuant to 15 this chapter shall promptly supplement the information provided as part of the application for the 16 adult-oriented business permit required by this chapter with the name of each performer required to 17 obtain a performer permit pursuant to this chapter within thirty (30) days of any change in the 18 information originally submitted. Failure to submit such changes within this time period shall be 19 grounds for suspension of the adult-oriented business regulatory permit,and if the failure is repeated, 20 shall be grounds for revocation of the permit. 21 22 10.58.050 Adult-oriented business performer permit process. 23 (a) Any person who wishes to be an adult-oriented business performer in the city shall file an 24 original and two(2)copies of an application with the chief of police upon a form provided by the city 25 and shall pay a filing fee, as established by resolution adopted by the city council from time to time, 26 which shall not be refundable. 27 (b) The completed application shall contain the following information and be accompanied 28 by the following documents: 23 1 (1) The applicant's legal name and any other names(including"stage names"and aliases)used 2 by the applicant; and 3 (2) Age, date and place of birth; and 4 (3) Height, weight, hair and eye color; and 5 (4) Present residence address and telephone number; and 6 (5) Whether the applicant has ever been convicted of: 7 (i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266f, 8 2668,266h,2661,266j,267,647(a),647(b),647(d),653.22 and 653.23 of the California Penal 9 Code as those sections now exist or may hereafter be amended or renumbered; or 10 (ii) The equivalent of the aforesaid offenses outside the State of 11 California; and 12 (6) Whether such applicant is or has ever been licensed or registered as a prostitute, or 13 otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other 14 jurisdiction. If the applicant has ever been licensed or registered as a prostitute, or otherwise 15 authorized by the laws of any other state to engage in prostitution, a statement shall be submitted 16 giving the place of such registration, licensing or legal authorization, and the inclusive dates during 17 which such person was so licensed, registered, or authorized to engage in prostitution; and 18 (7) Driver's license number or other identification number; and 19 (8) Satisfactory written proof that the applicant is at least eighteen (18) years of age; and 20 (9) The applicant's fingerprints on a form provided by the Police Department, and a color 21 photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall 22 be paid by the applicant. 23 (c) If the chief of police determines that the application is incomplete,the chief of police shall 24 promptly notify the applicant of such a fact and, on request of the applicant, grant the applicant an 25 extension of time of ten (10) days or less to complete the application properly. In addition, the 26 applicant may request an extension, not to exceed ten (10) days, of the time for the chief of police to 27 act on the application.The time period for granting or denying a business permit shall be stayed during 28 the period in which the applicant is granted an extension of time. 24 I (d) The fact that an applicant possesses other types of federal, state,or city permits, licenses, 2 or other approvals does not exempt the applicant from the requirement of obtaining an adult-oriented 3 business performer permit under this chapter. 4 5 10.58.055 Investigation and action on application. 6 (a) Within five (5) business days after receipt of the properly completed application for a 7 performer permit,the chief of police shall grant or deny the application and so notify the applicant as 8 follows: 9 (1) The chief of police shall write or stamp"Granted"or"Denied"on the application and date 10 and sign such notation. 11 (2) If the application is denied, the chief of police shall attach to the application a statement 12 of the reasons for denial. 13 (3) If the application is granted, the chief of police shall attach to the application an 14 adult-oriented business performer permit. 15 (4) The application as granted or denied and the permit, if any, shall be placed in the United 16 States mail,first class postage prepaid,addressed to the applicant at the residence address stated in the 17 application. 18 (b) The chief of police shall grant the application and issue the performer permit unless the 19 application is denied for one or more of the reasons set forth in subsection (d)below. 20 (c) If the chief of police grants the application or if the Chief of police neither grants nor 21 denies the application within five(5)business days after it is stamped as received(except as provided 22 in section 10.58.050),the applicant maybegin performing in the capacity at the business for which the 23 performer permit was sought. 24 (d) The chief of police shall deny the application if the chief finds any of the following: 25 (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a 26 material fact in the application for a permit or in any report or document required to be filed with the 27 application; or 28 (2) The applicant is under eighteen (18) years of age; or 25 1 (3) The performer permit is to be used for performing in a business prohibited by State, 2 County, or city law; or 3 (4) The applicant has been registered in any state as a prostitute during the last five(5)years; 4 or 5 (5) The applicant has been convicted of any of the offenses enumerated in section 10.58.050 6 above or convicted of an offense outside the State of California that would have constituted any of the 7 described offenses if committed within the State of California. However, a performer permit may be 8 issued to any person convicted of the described crimes if the conviction occurred more than five (5) 9 years prior to the date of the application and the applicant has successfully completed all terms and 10 conditions of the offense's probation or parole and is no longer on probation or parole. 11 12 10.58.057 Expiration and renewal of performer permit. 13 (a) Each performer permit shall expire one (1) year from the date of issuance, and may be 14 renewed only by filing with the chief of police a written request for renewal, accompanied by the 15 annual permit fee and a copy of the permit to be renewed. The written request for renewal shall 16 update all information contained in the original application. 17 (b) The request for renewal shall be made at least thirty(30) days before the expiration date 18 of the performer permit.When made less than thirty(30)days before the expiration date,the expiration 19 of the performer permit will not be stayed. 20 (c) Applications for renewal shall be acted on as provided herein for action upon applications 21 for permits. 22 23 10.58.060 Suspension or revocation of adult-oriented business regulatory permits and adult- oriented business performed permits. 24 25 (a) An adult-oriented business regulatory permit or performer permit may be suspended or 26 revoked in accordance with the procedures and standards of this section. 27 (b) On determining that grounds for permit suspension or revocation exist,the chief of police 28 shall furnish written notice of the proposed suspension or revocation to the permittee.Such notice shall 26 I set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, 2 the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice 3 shall be mailed, postage prepaid, addressed to the address of the permittee on file with the chief of 4 police,or shall be delivered to the permittee personally,at least ten(10)days prior to the hearing date. 5 Hearings shall be conducted in accordance with procedures established by the chief of police, but at 6 a minimum shall include the following: 7 (1) All parties involved shall have a right to offer testimonial, documentary, and tangible 8 evidence bearing on the issues;maybe represented by counsel;and shall have the right to confront and 9 cross-examine witnesses. 10 (2) Any relevant evidence may be admitted that is the sort of evidence upon which reasonable 11 persons are accustomed to rely in the conduct of serious affairs. 12 (3) Any hearing under this section may be continued for a reasonable time for the convenience 13 of a party or a witness as determined by the chief of police. 14 (c) A permittee maybe subject to suspension or revocation of the permit,or be subject to other 15 appropriate regulatory action, for any of the following causes arising from the acts or omissions of a 16 business regulatory permittee,or an employee,agent,partner,director,stockholder,or manager of the 17 permittee business: 18 (1) The permittee has knowingly made any false, misleading or fraudulent statement of 19 material facts in the application for a permit,or in any report or record required to be filed with the city 20 or County of San Mateo; or 21 (2) The permittee,employee,agent,partner,director,stockholder,or manager of the permittee 22 adult-oriented business has knowingly allowed or permitted,and has failed to make a reasonable effort 23 to prevent the occurrence of any of the following on the premises of the adult-oriented Business, or 24 in the case of an adult-oriented business performer, the permittee has engaged in one of the activities 25 described below while on the premises of an adult-oriented business: 26 (A) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; or 27 (B) Use of the establishment as a place where unlawful solicitations for sexual intercourse, 28 sodomy, oral copulation, or masturbation openly occur; or 27 I (C) Any conduct constituting a criminal offense which requires registration under Section 290 2 of the California Penal Code; or 3 (D) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct 4 constituting violations of Sections 315, 316,or 318 or Subdivision b of Section 647 of the California 5 Penal Code; or 6 (E) Any act constituting a violation of provisions in the California Penal Code relating to 7 obscene matter or distribution of harmful matter to minors,including but not limited to Sections 311 8 through 313.4; or 9 (E) Any conduct prohibited by this chapter; or 10 (3) Failure to comply with any condition imposed on the permittee related to use of the 11 business permit or performer permit by government action whether under this chapter or another 12 provision of federal, state, county, or city law, ordinance, or regulation. 13 (d) After holding the hearing in accordance with the provisions of this section, if the chief of 14 police finds and determines that there are grounds for disciplinary action, the chief of police shall 15 impose one of the following as measured by the chief against the severity, longevity, and repetition 16 of the violations: 17 (1) A warning; or 18 (2) Imposition of conditions that directly relate to and correct the violations involved; or 19 (3) Suspension of the permit for a specified period not to exceed six (6)months; or 20 (4) Revocation of the permit. 21 The chief may combine a suspension with imposition of conditions as the chief may determine is 22 appropriate. The chief's decision is final unless timely appealed pursuant to section 10.58.065. 23 24 10.58.065 Appeal of denial, suspension or revocation. 25 (a) Upon denial of an application for an adult-oriented business regulatory permit or a 26 performer permit,or after denial of renewal of such a permit,or after suspension or revocation of such 27 a permit, the applicant or the permittee may seek review of this administrative action within fifteen 28 (15) days after notice thereof by filing with the city clerk a written notice of appeal. 28 I (b)To be effective, the notice of appeal shall briefly state the grounds relied upon for appeal. 2 (c) The city clerk shall cause the matter to be set for hearing before the city manager within 3 fifteen(15)days from the date of receipt of the notice of appeal,giving the appellant not less than five 4 (5)working days'notice in writing of the time and place of hearing. 5 (d)The hearing before the city manager shall be conducted in the same manner as the hearing 6 provide pursuant to section 10.58.060 above, and the city manager affirm, modify, or reverse the 7 decision of the chief of police. The findings and determination of the city administrator made 8 following this hearing shall be final and conclusive. Within five (5)working days after the hearing, 9 the city manager shall give written notice of the manager's findings and decision. If the denial, 10 suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial 11 review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. 12 The city shall make all reasonable efforts to expedite judicial review if sought by the applicant or 13 permittee. 14 15 Article 3. Facilities and Employees. 16 10.58.070 Adult-oriented business development and performance standards. 17 The following provisions apply to all adult-oriented businesses unless otherwise specified,and 18 shall be deemed conditions of any approved adult-oriented business regulatory permit. Failure to 19 comply with these requirements shall be grounds for revocation of an adult-oriented business permit: 20 (a) Maximum occupancy load,fire exits,aisles and fire equipment shall be regulated,designed 21 and provided in accordance with the fire code and building regulations and standards adopted by the 22 city. 23 (b) No adult-oriented business shall be operated in any manner that permits the observation 24 of any material or activities depicting,describing or relating to specified sexual activities or specified 25 anatomical areas from any public way or from any location outside the building or area of such 26 establishment. This provision shall apply to any display, decoration, sign, show window, or other 27 opening.No exterior door or window on the premises shall be propped or kept open at any time while 28 the business is open, and any exterior windows shall be covered with opaque covering at all times. 29 I (c) All off-street parking areas and premise entries of the adult-oriented business shall be 2 illuminated from dusk to closing hours of operation with a lighting system that provides an average 3 horizontal illumination of one (1) foot candle of light is maintained on the parking surface and 4 walkways. The required lighting level is established in order to provide sufficient illumination of the 5 parking areas and walkways serving the adult-oriented business for the personal safety of patrons and 6 employees and to reduce the incidence of vandalism and criminal conduct.The lighting shall be shown 7 on the required sketch or diagram of the premises. 8 (d) The premises within which the adult-oriented business is located shall provide sufficient 9 sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere 10 on any adjacent property or public right-of-way or within any other building or other separate unit 11 within the same building. 12 (e) Except for those businesses also regulated by the California Department of Alcoholic 13 Beverage Control, an adult-oriented Business shall be open for business only between the hours of 14 8:00 a.m. and midnight on any particular day. 15 (f) The building entrance to an adult-oriented business shall be clearly and legibly posted with 16 a notice indicating that persons under eighteen (18) years of age are precluded from entering the 17 premises. This notice shall be constructed and posted to the satisfaction of the chief of police or 18 designee.No person under the age of eighteen(18)years shall be permitted within the premises at any 19 time. The permittee may elect to restrict entry to persons of greater ages than eighteen (18) years, 20 particularly if other laws or regulations require such a restriction,and shall legibly post the restrictions 21 in accordance with this subsection. 22 (g) All indoor areas of the adult-oriented business within which patrons are permitted,except 23 rest rooms, shall be open to view by the management at all times. 24 (h) Any adult-oriented business that is also or includes an adult arcade, shall comply with the 25 following provisions: 26 (1) The interior of the premises shall be configured in such a manner that there is an 27 unobstructed view from a manager's station of every area of the premises to which any patron is 28 permitted access for anypurpose,excluding restrooms.Restrooms may not contain video reproduction 30 I equipment. If the premises has two or more manager's stations designated, then the interior of the 2 premises shall be configured in such a manner that there is an unobstructed view of each area of the 3 premises to which any patron is permitted access for any purpose from at least one of the manager's 4 stations. The view required in this subsection must be direct line of sight from the manager's station; 5 and 6 (2) The view area specified in this section shall remain unobstructed by any doors, walls, 7 merchandise, display racks, or other materials at all times. No patron is permitted access to any area 8 of the premises that has been designated as an area in which patrons will not be permitted; and 9 (3) No viewing room may be occupied by more than one person at any one time; and 10 (4) The walls or partitions between viewing rooms or booths shall be maintained in good 11 repair at all times,with no holes between any two such rooms such as would allow viewing from one 12 booth into another or such as to allow physical contact of any kind between the occupants of any two 13 such booths or rooms; and 14 (5) Customers,patrons, or visitors shall not be allowed to stand idly by in the vicinity of any 15 such video booths, or to remain in the common area of such business, other than the restrooms,who 16 are not actively engaged in shopping for or reviewing the products available on display for purchaser 17 viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths; 18 and 19 (6) The floors, seats,walls and other interior portions of all video booths shall be maintained 20 clean and free from waste and bodily secretions.Presence of human excrement,urine,semen or saliva 21 in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; 22 repeated instances of such conditions are grounds for suspension or revocation of the adult-oriented 23 business Permit. 24 (i) All interior areas of the adult-oriented business shall be illuminated at a 25 minimum of the following foot-candles,minimally maintained and evenly distributed at ground level: 26 Area Foot-Candles 27 Bookstores and other retail establishments 20 28 Theaters and cabarets 5 (except during performances, at which times 31 I lighting shall be at least 1.25 foot-candles) 2 Arcades 10 3 Motels/Hotels 20 (in public areas) 4 Modeling studios 20 5 0) The adult-oriented business shall provide and maintain separate rest room facilities for male 6 patrons, customers, visitors, and employees and for female patrons, customers, visitors, and 7 employees. Male patrons,customers, visitors, and employees shall be prohibited from using the rest 8 rooms designated for females, and female patrons, customers, visitors, and employees shall be 9 prohibited from using the rest rooms for males, except to carry out duties of repair,maintenance,and 10 cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms 11 shall not contain television monitors or other motion picture or video projection, recording, or 12 reproduction equipment. The provisions of this subsection (k) shall not apply to an adult-oriented 13 business that exclusively sells or rents adult material that is not used or consumed on the premises, 14 such as an adult bookstore or adult video store, and that does not provide rest room facilities to its 15 patrons, customers, visitors, or the general public. 16 (k) The following additional requirements apply to adult-oriented businesses providing live 17 entertainment depicting specified anatomical areas or involving specified sexual activities. These 18 provisions are not intended to conflict but only to supplement regulations or conditions applied by the 19 State Alcohol Beverage Control Commission when such regulations or conditions are applied to the 20 business: 21 (1) No entertainer shall perform live entertainment for patrons of an adult-oriented business 22 except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a 23 distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be 24 permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. 25 (2) The adult-oriented business shall provide separate dressing room facilities for entertainers 26 that are exclusively dedicated to the entertainers' use. 27 (3) The adult-oriented business shall provide an entrance/exit for entertainers that is separated 28 by at least thirty(30) feet from the entrance/exit used by patrons. 32 1 (4) The adult-oriented business shall provide access for entertainers between the stage and the 2 dressing rooms which is completely and physically separated from the patrons.If such separate access 3 is not physically feasible,the adult-oriented business shall provide a minimum three(3)foot wide walk 4 aisle for entertainers between the dressing room area and the stage,with a railing,fence or other barrier 5 separating the patrons and the entertainers capable of and which actually results in preventing any 6 physical contact between patrons and entertainers. 7 (5) No entertainer,either before,during or after performances,shall have physical contact with 8 any patron and no patron shall have physical contact with any entertainer either before,during or after 9 performances by such entertainer. This subsection (5) shall only apply to physical contact on the 10 premises of the adult-oriented business. 11 (6) Fixed rails at least thirty (30) inches in height shall be maintained establishing the 12 separations between entertainers and patrons required by this subsection (n. 13 (7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall 14 solicit any pay or gratuity from any patron. 15 (8) No owner or other person with managerial control over an adult-oriented business shall 16 permit any person on the premises of the adult-oriented business to engage in a live showing of the 17 human male or female genitals,pubic area or buttocks with less than a fully opaque coverage, and/or 18 the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or 19 covered male genitals in a discernibly turgid state. This provision may not be complied with by 20 applying an opaque covering simulating the appearance of the specified anatomical part required to 21 be covered. 22 (n Adult-oriented businesses shall employ security guards in order to maintain the public 23 peace and safety,based upon the following standards: 24 (1) Adult-oriented businesses featuring live entertainment shall provide at least one (1) 25 security guard at all times while the business is open. If the occupancy limit of the premises is greater 26 than thirty-five (35) persons, at least one (1) additional security guard shall be on duty for each 27 increment of thirty-five (35)persons. 28 (2) Security guards for other adult-oriented businesses may be required if it is determined by 33 I the chief of police that their presence is necessary in order to prevent any of the conduct listed in this 2 section from occurring on the premises. 3 (3) Security guards shall be charged with and expressly authorized to prevent violations of law 4 and enforce compliance by patrons,customers,and visitors of the requirements of this chapter and the 5 business permit. Security guards shall be uniformed in such a manner so as to be readily identifiable 6 as a security guard by the public and shall be duly licensed as a security guard as required by applicable 7 provisions of state law. Security guards shall promptly report any violation of law to the Burlingame 8 Police Department. No security guard required pursuant to this section shall act as a door person, 9 ticket seller,ticket taker, admittance person,or sole occupant of the manager's station while acting as 10 a security guard. 11 12 10.58.075 Register and permit number of employees. 13 Every permittee of an adult-oriented business that provides live entertainment depicting 14 specified anatomical areas or involving specified sexual activities shall maintain a register of all 15 persons so performing on the premises and their performer permit numbers. This register shall be 16 available for inspection on the business premises at all times during regular business hours by any 17 peace officer or the health officer. 18 19 10.58.080. Display of permit and identification cards. 20 (a) Every adult-oriented business shall display at all times during business hours,the business 21 permit issued to the business together with any conditions place on the permit pursuant to this chapter 22 in a conspicuous place so that the permit maybe readily seen by all persons upon entering the business. 23 (b) The chief of police shall provide each adult-oriented business performer required to have 24 a performer permit pursuant to this chapter with an identification card containing the name, address, 25 photograph and permit number of such performer. An adult-oriented business performer shall have 26 such card available for inspection by a peace officer or the health officer at all times during which the 27 person is on the premises of an adult-oriented business. 28 34 1 10.58.085 Employment of and services rendered to persons under the age of eighteen(18)years prohibited. 2 3 (a) It shall be unlawful for any permittee, operator, or other person in charge of any 4 adult-oriented business to employ or provide any service for which it requires such permit to any 5 person who is not at least eighteen (18) years of age. 6 (b) It shall be unlawful for any permittee, operator or other person in charge of any 7 adult-oriented business to permit any person who is not at least eighteen(18)years of age to enter or 8 remain within the adult-oriented business. 9 10 Article 4. Miscellaneous Provisions 11 10.5 8.090 Inspection. 12 An applicant or permittee shall permit representatives of the police department, health 13 department,fire department,planning department,or other city departments or state or county agencies 14 to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the 15 law and the development and performance standards applicable to adult-oriented business,at any time 16 it is occupied or opened for business. A person who operates an adult-oriented business or the 17 business's agent or employee is in violation of the provisions of this section if permission for such 18 lawful inspection of the premises is refused at any time it is occupied or open for business. 19 20 10.58.095 Regulations nonexclusive. 21 The provisions of this chapter are not intended to be exclusive and compliance with this 22 chapter shall not excuse noncompliance with any other regulations pertaining to the location, 23 operation, or conduct of businesses adopted by the city, County of San Mateo, State of California, or 24 United States. 25 26 10.58.100 Employment of persons without permits unlawful. 27 It is unlawful for any owner, operator, manager, permittee or other person in charge of or in 28 control of an adult-oriented business to allow any person to perform any live entertainment depicting 35 I specified anatomical areas or involving specified sexual activities who is not in possession of a valid, 2 unrevoked and unsuspended adult-oriented business performer permit. 3 4 10.58.105 Time limit for filing application for permit. 5 All persons who possess an outstanding business license heretofore issued for the operation 6 of an adult-oriented business and all persons required by this chapter to obtain an adult-oriented 7 business performer permit, must apply for and obtain such a permit within ninety (90) days of the 8 effective date of this chapter. Failure to do so and continued operation of an adult-oriented business, 9 or the continued performances depicting specified anatomical areas or specified sexual activities in 10 an adult-oriented business after such time without a permit shall constitute a violation of this chapter. 11 12 10.58.110 Severability. 13 If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter 14 or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court 15 of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining 16 portions of this chapter or any part thereof.The city council hereby declares that it would have passed 17 each section,subsection,subdivision,paragraph,sentence,clause,or phrase thereof irrespective of the 18 fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be 19 declared unconstitutional, or invalid, or ineffective. 20 21 Section 4. A new subsection 10.60.060(c) is added to read as follows: 22 (c)An adult-oriented business operating in conformance with chapters 10.58 and 25.76 of this 23 code. 24 25 Section 5. Section 25.36.045 is amended to read as follows: 26 25.36.045 Prohibited uses. 27 Uses not listed as permitted or conditional in this district or any district subarea shall be 28 prohibited, including: 36 I (a) Uses of any industrial nature, including, but not limited to junkyards and automobile 2 wrecking establishments; 3 (b) Massage, bathing or similar establishments; 4 (c) Adult-oriented businesses as defined in chapter 25.76; 5 (d) Psychic services. 6 (e) Warehouses for storage of furniture, household, personal, or other similar articles or 7 outdoor commercial storage. 8 9 Section 6. Section 25.38.035 is amended to read as follows: 10 25.38.035 Prohibited uses. 11 Uses not listed as permitted or conditional shall be prohibited including: 12 (a) Uses of any industrial nature, including, but not limited to junkyards and automobile 13 wrecking establishment; 14 (b) Massage, bathing or similar establishments; 15 (c) Adult-oriented businesses as defined in chapter 25.76; 16 (d) Psychic services; 17 (e) Warehouses for storage of furniture, household, personal, or other similar articles or 18 outdoor commercial storage, except automobile storage as allowed pursuant to this chapter. 19 20 Section 7. Section 25.41.020 is amended to read as follows: 21 25.41.020 Permitted uses. 22 The following uses are permitted in the waterfront commercial district: 23 (a) Commercial recreation uses such as,but not limited to,bowling alleys, ice rinks,marinas 24 and related boat sales and supplies,but expressly prohibiting outdoor motion picture theaters and golf 25 driving ranges;permitted uses may include the sale of merchandise and items which are related to the 26 principal use; 27 (b) Restaurants; 28 (c)Motels and hotels: facilities provided may include meal and beverage services,barber and 37 I beauty shops,smoke shops,automobile rental desks to serve only hotel guests so long as the operation 2 does not use parking required for primary hotel use, convention and meeting facilities, and similar 3 services which are clearly incidental and accessory to provision of lodging accommodations; and no 4 more than one dwelling unit within the motel or hotel structure that is used exclusively by the owner 5 or manager of the motel or hotel; 6 (d) Clubs, associations, lodges and similar uses; 7 (e) Public recreation areas; 8 (f) Office uses; 9 (g) Travel agents; 10 (h)Adult-oriented businesses that meet all of the requirements of chapter 25.76 and 10.58 of 11 this code. 12 13 Section 8. Subsection 25.41.0250) is amended to read as"Psychic services." and subsection 14 25.41.025(1) is deleted. 15 16 Section 9. Section 25.42.030 is amended to read as follows: 17 25.42.030 Prohibited uses. 18 The following uses shall be prohibited in the mixed commercial-residential district: 19 (a) Retail food establishments and bakeries; 20 (b) Takeout and drive-in services; 21 (c) Offices; 22 (d) Auto sales; 23 (e) Massage, bathing, tanning or similar establishments; 24 (f) Adult-oriented businesses as defined in chapter 25.76. 25 26 Section 10. Section 25.43.040 is amended to read as follows: 27 25.43.040 Prohibited uses. 28 The following uses are prohibited: 38 I (a) Automobile rental uses in office, office/warehouse or warehouse structures; 2 (b) Automobile sales lots; 3 (c) Automobile wrecking,junkyards,storage or baling of scraps,paper,rags, sacks or metals; 4 (d) Free standing food establishments on properties fronting Beach and Lang Roads; 5 (e) Gas stations and auto repair including auto body work; 6 (f) Public advertising billboards; 7 (g) Residential uses and buildings, except as permitted under section 25.43.030 (12); 8 (h) Roof signs; 9 (i) Adult-oriented businesses as defined in chapter 25.76 or massage, bathing or similar 10 establishments; 11 0) Any use determined to be obnoxious or offensive; 12 (k) Residential hotels; 13 (1) Psychic services. 14 15 Section 11. Section 25.44.040 is amended to read as follows: 16 25.44.040 Prohibited uses. 17 All uses not listed as permitted or conditional shall be prohibited, including: 18 (a) Adult entertainment business or massage, bathing, tanning or similar establishments; 19 (b) Automobile wrecking,junk yards,storage or baling of scraps,paper,rags,sacks or metals; 20 (c) Conference and exhibition facilities; 21 (d) Hotels and motels; 22 (e) Public advertising billboards; 23 (f) Living quarters and residential structures,except as provided in subsection 25.44.030(17); 24 (g) Outdoor storage or treatment of materials in required parking or in landscaping in the front 25 setback; 26 (h) Psychic services. 27 28 39 I Section 12. California Environmental Quality Act finding. 2 The City Council finds that this ordinance is enacted in order to mitigate the threat posed to 3 the public peace,health,or safety by adult-oriented businesses. In this regard,the findings set forth in 4 Section 1 of this ordinance are incorporated herein by reference.This ordinance either provides for the 5 amendment of existing regulations applicable to adult-oriented businesses or, for the first time, 6 provides for zoning regulations which are specifically applicable to adult-oriented business uses. Such 7 uses are already allowed under the City's existing zoning regulations. Therefore, it can be seen with 8 certainty that there is no possibility that this ordinance would create any significant adverse 9 environmental impact under the California Environmental Quality Act, and therefore the adoption of 10 this ordinance is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA guidelines. 11 12 Section 13. Effective date. 13 This ordinance shall go into effect and be in full force and operation thirty(30) days after its 14 final passage and adoption. 15 16 Section 14. This ordinance shall be published according to law. 17 18 Mayor 19 20 1,ANN T.MUSSO,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 day of 21 2004, and adopted thereafter at a regular meeting of the City Council held on the day of 2004, by the following vote: 22 AYES: COUNCILMEMBERS: 23 NOES: COUNCILMEMBERS: 24 ABSENT: COUNCILMEMBERS: 25 26 City Clerk 27 28 40 CITY °b STAFF REPORT BURLINGAME AGENDA ITEM# 9a MTG. °A•*Eo—E6 DATE January 5,2004 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 23, 2003 APPROVED FROM: Ann Musso, City Clerk ByZjhof _ IV Ik' 650-558-7203 SUBJECT: Recommendation to Adopt the Council Assignments for 2004 RECOMMENDATION: To review, make changes if necessary and approve the city council assignments for 2004. EXHIBITS: Council Assignment list. BUDGET IMPACT: None CITY OF BURLINGAME COUNCIL ASSIGNMENTS 2004 1. ABAG—City Delegate (1 to 4 meetings per year) Nagel (alternate O'Mahony) 2. Airport Land Use Commission Coffey (alternate Nagel) 3. Airport Round Table (1St Wednesday) Nagel (alternate Coffey) 4. Audit Committee Galligan and O'Mahony 5. Bikeways Committee Baylock 6. BAWSCA (Bay Area Water Suppl d Conservation Agency) O'Mahony 4 year term from 2003-2007) 7. Bud et Chair(CA, CM, CC, FIN, HR) O'Mahony Bud et(Park& Rec) Nagel Library Coffey Fire and Police Baylock Planning/Public Works Galligan 8. Chamber of Commerce Liaison(monthly) Coffey& Baylock 9. City/County Association of Governments (CCAG) O'Mahony (alternate Nagel) 10. City/Schools Liaison Committee Coffey& Baylock 11. Commission interview teams Determined during recruitment time 12. Council of Cities (4t Friday of month) All 13. Economic Development Committee Galligan and O'Mahony 14. Emergency Services Council (quarterly) Nagel (alternate Coffey) 15. Fire ALS Joint Powers Authority Nagel 16. Housing Trust& Endowment Coffey 17. Juvenile Justice Baylock 18. North County Council of Cities (1St Thursday alternate months) All 19. Peninsula Congestion Relief Alliance .Ci�(alte ate Ja omery) 20. Peninsula Division of League of California Cities All (4 meetings year) 21. Regional Financing Authority (RFA) (4 year term from 2003- O'Mahony 2007) 22. Warrants review O'Mahony VIT SELMTION CO&tMLTTEE APPOJNTMENTS Congestion Management Committee (CMAC) To be determined 2. Transportation Authority Galligan 12/30/2003 4:19 PM CITY 0 STAFF REPORT BURLINGAME AGENDA ITEM# 9b �o AD0 MTG. DARTED JUNE DATE January 5,2003 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 23, 2003 APPROVED FROM: Ann Musso, City Clerk By 650-558-7203 SUBJECT: Recommendation to Adopt 2004 City Council Calendar RECOMMENDATION: To review, make changes if necessary and approve the city council calendar for 2004. EXHIBITS: 2004 City Council Calendar BUDGET IMPACT: None B4,SRLINGAM£; CITY OF BURLINGAME 2004 CITY COUNCIL CALENDAR City Council meetings are held on the first and third Monday of each month. When Monday is a holiday,the meeting is usually held on Tuesday or Wednesday. Study meetings are held as scheduled. Meetings begin at 7:00 p.m. at City Hall, 501 Primrose Road,and are open to the public. Regular Council meetings are televised live via Burlingame's Cable Channel 27. For more information,please view the City's website at www.burlimamc.org or call the City Clerk at 650- 558-7203. REGULAR MEETINGS STUDY MEETINGS AND OTHER DATES January 5 Tuesday, January 20 Saturday, January 24— Consult with Council on Budget policy issues and input on goals for 2004/05, 9:00 a.m. Lane Room, Burlingame Library February 2 Tuesday, February 17 Saturday, February 28—Present Budget Balancing Recommendations and Department goals to City Council March 1 Friday, March 12 - Commissioner's Dinner March 15 April 5 April 19 Saturday, April 24, Joint Council/Planning Commission meeting 8:30 a.m. to noon May 3 May 17 June 7 June 1, Budget Study Session June 21 June 16—City Manager's mid-year review (4:00-6:00 p.m.) Tuesday, July 6 July 19 (tentative) August 2 August 16 (tentative) September 7 September 20 October 4 October 18 November 1 November 15 December 6 December 1 — City Manager's year end review (4:00-6:00 p.m.) December 20 (tentative) 12/23/2003 10:23 AM AGENDA BURLINGAME STAFF REPORT ITEM# 9C MT1/5/04 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: December 4, 2003 BY eW4?0&2--- APPRO (EQ, '1-4— ,FROM: PUBLIC WORKS BY SUBJECT: RESOLUTION ACCEPTING TWO PUBLIC UTILITY EASEMENTSvFOR WATER LINES FROM SISTERS OF MERCY AND MERCY HIGH SCHOOL, CITY PROJECT 8245 RECOMMENDATION: It is recommended that Council approve the attached resolution accepting two public utility easements for water lines from Sisters of Mercy and Mercy High School. BACKGROUND: In the 1980's the Sisters of Mercy and Mercy High School sought additional fire protection directly from the City of Burlingame. This protection consisted of a pump station for fire flows and a water main system from the City's Hillside Reservoir. The City also benefitted from the additional water lines as they provided a valuable alternate way to transfer water between hillside neighborhoods.As a result,the City and Sisters of Mercy entered into cost sharing agreements in 1985 and 1991 for the improvements.Although the construction was undertaken soon after, easement documents reflecting the actual water line locations were never completed. The purpose of this resolution is to accept the two easements which will allow the City to access and maintain the improvements. EXHIBITS: Resolution; Grant Deeds BUDGET IMPACT: Funds for maintaining the water lines within the easements are included in the Water Division operating budget. rank C. Erbacher, P.E. Asst. Public Works. Director 650-558-7230 cc: City Clerk, City Attorney Sisters of Mercy, Mercy High School Erler& Kalinowski, Inc. S:\A Public Works Directory\Staff Reports\Sisters of Mercy&Mercy High Accept Easements2.SR.wpd RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING GRANT OF EASEMENT FROM MERCY HIGH SCHOOL, BURLINGAME OVER A PORTION OF 2750 ADELINE DRIVE, BURLINGAME, CALIFORNIA FOR WATER LINE PURPOSES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Mercy High School, Burlingame has agreed to allow the City to install, repair, maintain, and replace water lines across the School's property located at 2750 Adeline Drive; and WHEREAS, this easement will allow the City to provide and maintain improved water and fire protection services to the neighborhood, NOW, THEREFORE, IT IS ORDERED: 1. The Grant of Easement attached hereto as Exhibit A, conveying an easement over a portion of 2750 Adeline Drive, Burlingame, California, for water line purposes is approved and accepted, and the City Manager is directed to execute a formal acceptance by and on behalf of the City.. 2. The City Clerk is directed to record the Grant of Easement and this Resolution with the County Recorder of the County of San Mateo. 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 ,2003, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING GRANT OF EASEMENT FROM SISTERS OF MERCY OVER A PORTION OF 2300 ADELINE DRIVE, BURLINGAME, CALIFORNIA FOR WATER LINE PURPOSES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the Sisters of Mercy have agreed to allow the City to install, repair, maintain, and replace water lines across the Sister's property located at 2300 Adeline Drive; and WHEREAS, this easement will allow the City to provide and maintain improved water and fire protection services to the neighborhood, NOW, THEREFORE,IT IS ORDERED: 1. The Grant of Easement attached hereto as Exhibit A, conveying an easement over a portion of 2300 Adeline Drive, Burlingame, California, for water line purposes is approved and accepted, and the City Manager is directed to execute a formal acceptance by and on behalf of the City.. 2. The City Clerk is directed to record the Grant of Easement and this Resolution with the County Recorder of the County of San Mateo. 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 ,2003, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK EXHIBIT A d d �1 (Sch¢mati c) 4 � � --- Centdrlinc, �O'wid¢ a t o ry p i ca! Parcel a n p�5i9nat'ibn o ro � 9) to O ZO S) tAfdD J oa 1. l�S �� -1c 42 ro F 4'r •`G`�-1 OF CA-- ' k PLA T ro po5ad We tarltr,a �asam¢_nt F" 4AIyo _ Sc1 R v'�yS X48.2 89.19.4 . 1185 EXHIBIT B DESCRIPTION OF WATERLINE EASEMENT CONTAINED WITHIN SISTERS OF MERCY AND MERCY HIGH, BURLINGAME PROPERTIES All that certain real property situate in the City of Burlingame, County of San Mateo, State of California, being a portion of the parcel of land described as "Parcel First" within the Grant Deed recorded in Vol. 2200 of Official Records of San Mateo County at Page 501 and described therein as containing 36.37 acres, more or less, excluding any . exceptions to said parcel. Which parcel is shown upon the Record of Survey Map recorded on July 2, 2001 in Volume 22 of Licensed Land Survey Maps at Page 41, Records of San Mateo County and shown therein as "Lands of Our Lady of Mercy College ". The herein described parcels, being strips of land 10.00 feet in width, lying 5.00 feet, measured at right angles, on each side of the following described centerlines, which are based on the Basis of Bearings shown upon said Record of Survey Map, and all distances are at ground level unless noted as record information shown upon said map: PARCEL 1 Commencing at the southernmost comer of said parcel described withinVolume 2200, which point is shown upon said map as a point on the westerly right of way of Adeline Drive, being the southerly terminus of a curve having a radius of 175.00 feet (174.99 feet per map), and being a point of cusp on the southwesterly boundary line of said parcel, which line is a curve having a radius of 227.06 feet (227.05 feet per map), the radius point of which bears S.36° 15'39"W as shown upon said map; Thence along said southwesterly boundary line northwesterly along said curve to the left (concave to the southwest), having a radius of 227.06 feet, a central angle of 11'00'2 1 for an arc length of 43.62 feet to the True Point of Beginning; Thence leaving said line and along the centerline of the herein described strip of land 10.00 feet in width, N.8°08'33"W., 74.72 feet; Thence continuing along said centerline the following courses: 1) N. 11°22'28"W., 68.27 feet; 2) N.4°20158"W., 41.26 feet; 3) N.2010'38"E., 37.58 feet, 4) N.200315511E.1 109.31 feet; 5) N.0°03'31"E., 44.52 feet; 6) N.2'55'07"E., 17.73 feet; 7) N.0035'14"E.7 126.50 feet to a point hereinafter referred to as "A"; 8) N. 103833"W.1 42.07 feet; 9) N.5002132"E., 31 .43 feet; 10) N.9°364511W., 19.76 feet; 11) N.50°55'17"W., 15.26 feet; 12) N.42°20'40"W., 24.88 feet to a point hereinafter referred to as "B"; 13) N.43°07'23"W., 52.20feet; 14) N.39°45'21 "W., 34.74 feet to a point hereinafter referred to as "C''; 15) N.38'12'30"W., 13.08 feet; 16) N. 18'40'43"E,, 11 .45 feet to a point hereinafter referred to as "D"; 17) N.4°44'10"E., 31 .92 feet; 18)N.21°02'42"E., 23.43 feet; 1.A N D IANCFF'pL 0 RLF LAND SURVEYS Page 1 of 5 3 04 Surveying and Mapping I \Q00 SENTER ROAD, #125 • SAN JOSE, CA 95111 PHONE & FAX: 408.289. 1290 r 19)N.33°42'00"E.,36.13 feet to a point hereinafter referred to as'T';20)N.35°27'53"E., 190.08 feet;21)N.41°34'54"E.,67.06 feet to a point hereinafter referred to as'F";22) N.44°27'09"E.,19.70 feet to a point hereinafter referred to as"G';23)N.44°52'49"E., 28.45 feet;24)N.43°09'00"E.,30.56 feet;25)N.53°19'02"E.,25.02 feet;26) N.54°01'12'T.,31.79 feet to a point hereinafter referred to as"H';27)N.5735'32"E., 7.21 feet to a point hereinafter referred to as"I';28)N.58°17'13"E.,30.14 feet;29) N.68°43'19"E.,33.96 feet;30)N.73°2845'T.,47.21 feet; 31)N.80°51'14"E.,40.06 feet to a point hereinafter referred to as"7';32)N.83°51'41"E.,10.65 feet;33)N.83°12'42'T., 32.99 feet;34)N.89°22'37"E.,38.39 feet;35)N.4°03'42"E.,12.87 feet; 36)N.10°09'03"W.,13.64 feet;37)N.26°4643"W.,75.08 feet;38)N.29°36'51"W.,85.71 feet; 39)N.26°58'31"W.,43.48 feet;40)N.35°39'39"W.,26.80 feet;41)N.46°03'11"W.,48.43 feet;42)N.51°01'23"W.,38.69 feet to a point hereinafter referred to as"K';43) N.69°07'04"W.,38.95 feet;44)N.69°58'00"W.,33.19 feet;45)N.76°36'20"W.,16.52 feet;46)N.84°19'03"W.,84.02 feet;47)S.46°28'55"W.,29.78 feet;48)S.43°55'24"W., 30.52 feet;49)S.29°46'32"W.,37.42 feet to a point hereinafter referred to as"L"; 50) S.21050'05"W.,80.02 feet to a point hereinafter referred to as'W;51)S.20027'15"W., 67.72 feet;52)S.23°09'00"W.,77.07 feet to a point hereinafter referred to as"N';53) S.24°27'12"W.,30.66 feet;54)S.29°24'15"W.,26.52 feet;55)S.40045'10"W.,65.95 feet to a point hereinafter referred to as"0"; 56)S.48°35126"W.,119.62 feet;57) S.48046'56"W.,77.60 feet to a point hereinafter referred to as T"; 58)S.59036'40"W., 30.49 feet to a point hereinafter referred to as"R';59)S.13°11'23"E.,34.28 feet;60) S.6°4112'T.,93.17 feet to a point hereinafter referred to as"S';61)S.8039'40"E.,42.88 feet;62)S.67015'01"E.,77.50 feet;63) S.27°30'00"E.,18.42 feet;64) S.68°04'33'T., 28.62 feet;65) S.86°11'22"E.,38.64 feet;66) S.85053'01"E.,27.07 feet,and;67) N.89°22'04"E.,19.86 feet to the point hereinbefore referred to as"D". The sidelines of said strip of land having a bearing of N.8°08'33"W.shall be lengthened or shortened as necessary to intersect the said southwesterly boundary line having a radius of 227.06 feet,being the southerly terminus of the within described strip of land. RLF LAND SURVEYS Page 2 of 5 Surveying and Mapping 2600 SENTER ROAD,#125 • SAN JOSE,CA 95111 • PHONE&FAX:408.289.1290 PARCEL IA Beginning at the point hereinbefore referred to as "A': Thence N.88°24'43"E., 26.92 feet. PARCEL IB Beginning at the point hereinbefore referred to as "B": Thence N.46°25'32"E., 18.91 feet; Thence N.71°01'44"E.,45.68 feet. PARCEL 1C Beginning at the point hereinbefore referred to as "C": Thence N.72°02'03"E., 23.46 feet. PARCELIE Beginning at the point hereinbefore referred to as 'E": Thence S.54°08'05"E.,24.13 feet. PARCEL 1F Beginning at the point hereinbefore referred to as "F": Thence N.42018'05"W., 11.12 feet. PARCELIG Beginning at the point hereinbefore referred to as "G": Thence S.46°08'39"E., 14.54 feet;Thence S.39°43'56"E., 10.05 feet; Thence S.34029'04"E., 208.87 feet. PARCELIH Beginning at the point hereinbefore referred to as "H": Thence N.46°49'47"W., 37.55 feet. PARCELII Beginning at the point hereinbefore referred to as "I": Thence N.45°34'16"W., 37.99 feet. PARCEL IJ Beginning at the point hereinbefore referred to as "J": Thence N.9°32'41"W., 15.44 feet. RLF LAND SURVEYS Page 3 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 • SAN JOSE, CA 95111 PHONE & FAX:408.289.1290 PARCELIK Beginning at the point hereinbefore referred to as "K": Thence S.47032'06"W., 11.43 feet. PARCEL 1L Beginning at the point hereinbefore referred to as "L": Thence S.63039'58"E., 12.76 feet. PARCELIM Beginning at the point hereinbefore referred to as "M": Thence N.69036'41"W., 13.06 feet; Thence N.16°1T1TIE.,9.37 feet. PARCELIN Beginning at the point hereinbefore referred to as "N": Thence S.52°18'37"E., 12.25 feet. PARCELIO Beginning at the point hereinbefore referred to as "O": Thence S.43029'42"E., 10.80 feet. PARCEL IP Beginning at the point hereinbefore referred to as 'T": Thence S.69018'42"E.,22.66 feet. PARCEL 1 S Beginning at the point hereinbefore referred to as "S": Thence S.83046'20"W., 19.74 feet. PARCEL 2 Beginning at the point hereinbefore referred to as "R": Thence S.74'1 1'19"W., 10.18 feet to a point hereinafter referred to as "T"; Thence S.78024'55"W., 14.53 feet to a point hereinafter referred to as "U'; Thence S.73005'09"W., 48.44 feet to a point hereinafter referred to as " % Thence S.76027'45"W., 9.44 feet. RLF LAND SURVEYS Page 4 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 Or SAN JOSE, CA 95111 Or PHONE & FAX:408.289.1290 PARCEL 2T Beginning at the point hereinbefore referred to as "T": Thence N.17°13'54"W.,26.32 feet. Beginning at the point hereinbefore referred to as "T": Thence S.13°54'24"E., 14.05 feet;Thence S.31°25'40"W., 8.58 feet. PARCEL2U Beginning at the point hereinbefore referred to as "U": Thence S.7°41'59"E., 10.38 feet. PARCEL 2V Beginning at the point hereinbefore referred to as "V": Thence S.15°49'01"E., 7.34 feet;Thence S.7205T06"W., 10.27 feet. PARCEL 3 Beginning at the point hereinbefore referred to as "N": Thence N.70°24'13"W., 38.85 feet; Thence N.46016'43"W., 20.67 feet; Thence N.29056'24"W., 82.02 feet to a point in the northwesterly boundary line of the hereinbefore cited parcel of land described within Vol. 2200 of Official Records of San Mateo County and as shown upon said Record of Survey Map. The sidelines of the within described strip of land having a bearing of N.29°5624"W. shall be lengthened or shortened to intersect said boundary line, which line is shown upon said map as N.55049'30"E., 59.42 feet. RLF LAND SURVEYS Page 5 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 • SAN JOSE, CA 95111 PHONE& FAX: 408.289.1290 EXHIBIT B DESCRIPTION OF WATERLINE EASEMENT CONTAINED WITHIN SISTERS OF MERCY AND MERCY HIGH,BURLINGAME PROPERTIES All that certain real property situate in the City of Burlingame,County of San Mateo, State of California,being a portion of the parcel of land described as"Parcel First"within the Grant Deed recorded in Vol.2200 of Official Records of San Mateo County at Page 501 and described therein as containing 36.37 acres,more or less,excluding any . exceptions to said parcel. Which parcel is shown upon the Record of Survey Map recorded on July 2,2001 in Volume 22 of Licensed Land Survey Maps at Page 41, Records of San Mateo County and shown therein as"Lands of Our Lady of Mercy College". The herein described parcels,being strips of land 10.00 feet in width,lying 5.00 feet,measured at right angles,on each side of the following described centerlines, which are based on the Basis of Bearings shown upon said Record of Survey Map,and all distances are at ground level unless noted as record information shown upon said map: PARCELI Commencing at the southernmost comer of said parcel described withinVolume 2200, which point is shown upon said map as a point on the westerly right of way of Adeline Drive,being the southerly terminus of a curve having a radius of 175.00 feet(174.99 feet per map),and being a point of cusp on the southwesterly boundary line of said parcel, which line is a curve having a radius of 227.06 feet(227.05 feet per map),the radius point of which bears S.36°15'39"W as shown upon said map; Thence along said southwesterly boundary line northwesterly along said curve to the left (concave to the southwest),having a radius of 227.06 feet,a central angle of 11°00'21 for an arc length of 43.62 feet to the True Point of Beginning; Thence leaving said line and along the centerline of the herein described strip of land 10.00 feet in width,N.8108'33"W.,74.72 feet; Thence continuing along said centerline the following courses: 1)NA 1°2278"W.,68.27 feet;2)N.4°20'58"W.,41.26 feet;3)N.2°10'38"E.,37.58 feet; 4)N.2°03'55"E.,109.31 feet;5)N.0'03'31"E.,44.52 feet;6)N.2°55'07"E.,17.73 feet;7) N.0°35'14"E.,126.50 feet to a point hereinafter referred to as"A";8)N.1°38'33"W., 42.07 feet;9)N.5°02'32"E.,31.43 feet;10)N.9°3645"W.,19.76 feet;11) N.50°55'17"W.,15.26 feet;12)N.42°20140"W.,24.88 feet to a point hereinafter referred to as"B";13)N.43°0723"W.,52.20feet;14)N39045'21"W.,34.74 feet to a point hereinafter referred to as"C';15)N38*12'30"W.,13.08 feet;16)N.18'4&43"E.,11.45 feet to a point hereinafter referred to as"D';17)N.4°44'10"E.,31.92 feet; 18)N.21°02'42"E.,23.43 feet; ca4�SP��VA ND FU�d �Z o VO A RLF LAND SURVEYS Page 1 of 5 F * .�2 3o•oA 't Surveying and Mapping T \Q SENTER ROAD,#125 • SAN JOSE,CA95111 PHONE&FAX:408.289.1290 i 19)N.33°42'00"E., 36.13 feet to a point hereinafter referred to as "E'; 20)N.35°2753'T., 190.08 feet;21)N.41°34'54"E., 67.06 feet to a point hereinafter referred to as "F; 22) N.44°2709"E., 19.70 feet to a point hereinafter referred to as "G"; 23)N.44°5249"E., 28.45 feet; 24)N.43009'00"E., 30.56 feet; 25)N.53019'02"E.,25.02 feet; 26) N.54°01'12'E., 31.79 feet to a point hereinafter referred to as "H"; 27)N.57035'32"E., 7.21 feet to a point hereinafter referred to as "I"; 28)N.58017'13"E., 30.14 feet; 29) N.68°43'19'E., 33.96 feet; 30)N.73°2845"E.,47.21 feet; 31)N.80°51'14"E., 40.06 feet to a point hereinafter referred to as "J'; 32)N.83°5141"E., 10.65 feet; 33)N.83°12'42'T., 32.99 feet; 34)N.89°22'37"E., 38.39 feet; 35)N.4°03'42"E., 12.87 feet; 36)N.10°09'03"W., 13.64 feet; 37)N.26°4643"W., 75.08 feet; 38)N.29°36'51"W., 85.71 feet; 39)N.26°5831"W., 43.48 feet; 40)N.35°39'39"W., 26.80 feet;41)N.46°03'11"W.,48.43 feet; 42)N.51°01'23"W., 38.69 feet to a point hereinafter referred to as "K";43) N.69°07'04"W., 38.95 feet;44)N.69°58'00"W.,33.19 feet; 45)N.76°36'20"W., 16.52 feet; 46)N.84019'03"W., 84.02 feet; 47) S.46°205"W.,29.78 feet;48) S.43°55'24"W., 30.52 feet; 49) S.29046'32"W., 37.42 feet to a point hereinafter referred to as "L"; 50) S.21°50'05"W., 80.02 feet to a point hereinafter referred to as "M"; 51) S.20027'15"W., 67.72 feet; 52) S.23009'00"W., 77.07 feet to a point hereinafter referred to as "N"; 53) S.24°2712"W., 30.66 feet; 54) S.29°24'15"W., 26.52 feet; 55) S.40045'10"W.,65.95 feet to a point hereinafter referred to as "O"; 56) S.48°3526"W., 119.62 feet; 57) S.48046'56"W., 77.60 feet to a point hereinafter referred to as "P'; 58) S.59036'40"W., 30.49 feet to a point hereinafter referred to as "R'; 59)S.13°11'23"E.,34.28 feet; 60) S.604l'12"E., 93.17 feet to a point hereinafter referred to as "S'; 61) S.8039'40"E.,42.88 feet; 62) S.67°15'01"E.,77.50 feet; 63) S.27°30'00"E., 18.42 feet; 64) S.68°04'33'T., 28.62 feet; 65) S.86'1 1'22"E., 38.64 feet; 66) S.85°53'01"E., 27.07 feet, and; 67) N.89°22'04"E., 19.86 feet to the point hereinbefore referred to as "D". The sidelines of said strip of land having a bearing of N.8°08'33"W. shall be lengthened or shortened as necessary to intersect the said southwesterly boundary line having a radius of 227.06 feet,being the southerly terminus of the within described strip of land. RLF LAND SURVEYS Page 2 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 • SAN JOSE, CA 95111 • PHONE& FAX: 408.289.1290 PARCEL IA Beginning at the point hereinbefore referred to as "A": Thence N.8802443'E., 26.92 feet. PARCEL 1B Beginning at the point hereinbefore referred to as "B": Thence N.46025'32"E., 18.91 feet; Thence N.71°01'44"E.,45.68 feet. PARCELIC Beginning at the point hereinbefore referred to as "C": Thence N.72°02'03"E., 23.46 feet. PARCELIE Beginning at the point hereinbefore referred to as "E": Thence S.54008'05"E., 24.13 feet. PARCEL IF Beginning at the point hereinbefore referred to as "F": Thence N.42'1 8'05"W., 11.12 feet. PARCELIG Beginning at the point hereinbefore referred to as "G": Thence S.46°08'39"E., 14.54 feet; Thence S.39°43'56"E., 10.05 feet; Thence S.34029'04"E., 208.87 feet. PARCELIH Beginning at the point hereinbefore referred to as "H": Thence N.46°4947"W.,37.55 feet. PARCEL II Beginning at the point hereinbefore referred to as "I": Thence N.45°34'16"W., 37.99 feet. PARCEL 1J Beginning at the point hereinbefore referred to as "J": Thence N.9°32'41"W., 15.44 feet. RLF LAND SURVEYS Page 3 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 • SAN JOSE, CA 95111 PHONE & FAX:408.289.1290 PARCELIK Beginning at the point hereinbefore referred to as "K": Thence S.47°32'06"W., 11.43 feet. PARCEL 1L Beginning at the point hereinbefore referred to as "L": Thence S.63039'58"E., 12.76 feet. PARCELIM Beginning at the point hereinbefore referred to as "M": Thence N.69°36'41"W., 13.06 feet; Thence N.1601717"E., 9.37 feet. PARCELIN Beginning at the point hereinbefore referred to as "N": Thence S.52°18'37"E., 12.25 feet. PARCEL 10 Beginning at the point hereinbefore referred to as "O": Thence S.43°29'42"E., 10.80 feet. PARCEL 1P Beginning at the point hereinbefore referred to as 'P": Thence S.69°18'42"E.,22.66 feet. PARCEL 1 S Beginning at the point hereinbefore referred to as "S": Thence S.83°46'20"W., 19.74 feet. PARCEL 2 Beginning at the point hereinbefore referred to as "R": Thence S.74'1 1'19"W., 10.18 feet to a point hereinafter referred to as "T"; Thence S.78°24'55"W., 14.53 feet to a point hereinafter referred to as "U'; Thence S.73005'09"W., 48.44 feet to a point hereinafter referred to as "W; Thence S.76°2745"W., 9.44 feet. RLF LAND SURVEYS Page 4 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 • SAN JOSE, CA 95111 • PHONE& FAX: 408.289.1290 PARCEL 2T Beginning at the point hereinbefore referred to as"T": Thence N.17°13'54"W.,26.32 feet. Beginning at the point hereinbefore referred to as "T": Thence S.13'54'24"E., 14.05 feet; Thence S.31°25'40"W., 8.58 feet. PARCEL2U Beginning at the point hereinbefore referred to as "U": Thence S.7°41'59"E., 10.38 feet. PARCEL2V Beginning at the point hereinbefore referred to as "V": Thence S.15°49'01"E.,7.34 feet;Thence S.72057'06"W., 10.27 feet. PARCEL 3 Beginning at the point hereinbefore referred to as "N": Thence N.70°24'13"W.,38.85 feet; Thence N.46°16'43"W.,20.67 feet; Thence N.29056'24"W., 82.02 feet to a point in the northwesterly boundary line of the hereinbefore cited parcel of land described within Vol. 2200 of Official Records of San Mateo County and as shown upon said Record of Survey Map. The sidelines of the within described strip of land having a bearing of N29°56'24"W. shall be lengthened or shortened to intersect said boundary line, which line is shown upon said map as N.55049'30"E., 59.42 feet. RLF LAND SURVEYS Page 5 of 5 Surveying and Mapping 2600 SENTER ROAD, #125 • SAN JOSE, CA 95111 PHONE R FAX:408.289.1290 CD $2,098,315.55 :+ = as Ck.No.92345-92756 o m CD 3 Excludes Library Cks.92440-92475 RECOMMENDED FOR PAYMENT APPROVED FOR PAYMENT O Payroll for November 2003 $2,150,021.92 Ck.No.156374-156687 INCLUDES ELECTRONIC FUNDS TRANSFERS PERS HEALTH PERS RETIREMENT FEDERAL 941 TAX STATE DISABILITY TAX STATE INCOME TAX PERS&ICMA DEFERRED COMP SECTION 125 DEDUCTION S:\FINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS CITY OF BURLINGAME 12-04-2003 WARRANT REG I ST ER PAGE 9 FUND RECAP - 03-04 NAME FUND AMOUNT V GENERAL FUND 101 82,929.42 PAYROLL REVOLVING FUND 130 18,746.81, CAPITAL IMPROVEMENTS FUND 320 31,450.46 WATER CAPITAL PROJECT FUND 326 49,030.90 SEWER CAPITAL PROJECT FUND 327 40,031.78 WATER FUND 526 11,648.24 SEWER FUND 527 28,178.32 SOLID WASTE FUND 528 2,808.73 FACILITIES SERVICES FUND 619 1,858.73 EQUIPMENT SERVICES FUND 620 22,859.54 OTHER LOCAL GRANTS/DONATIONS 730 633.62 TRUST AND AGENCY FUND 731 265.89 UTILITY REVOLVING FUND 896 55,035.08 TOTAL FOR APPROVAL $345,477.52 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 92655 THROUGH 92756 INCLUSIVE,TOTALING IN THE AMOUNT OF $345,477.52, 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 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT y Denotes Hard Written Checks 92746 PUTNAM VOLVO 24622 300.00 DEPOSIT REFUNDS 300.00 101 22520 92747 PETER GONG 24623 300.00 DEPOSIT REFUNDS 300.00 101 22520 92748 RON ATWELL 24624 300.00 DEPOSIT REFUNDS 300.00 101 22520 92749 WEST BAY CONCRETE 24625 300.00 DEPOSIT REFUNDS 300.00 101 22520 92750 TULA GIESEKER 24626 300.00 DEPOSIT REFUNDS 300.00 101 22520 92751 CITY OF PALO ALTO 24627 750.00 TRAINING EXPENSE 750.00 101 64420 262 92752 JOHN BOLOGNA 24628 336.00 CONTRACTUAL SERVICES 336.00 101 68010 220 1780 92753 RS ANALYSIS, INC. 24629 5,610.00 PROFESSIONAL & SPECIALIZED S 5,610.00 320 76010 210 92754 AQUA VIDEO ENGINEERING 24630 7,550.00 MISCELLANEOUS 7,550.00 526 69020 233 92755 BRYAN ROSENBERG 24631 105.00 CONTRACTUAL SERVICES 105.00 101 68010 220 1780 92756 A&S BMW MOTORCYCLES 24632 19,722.34 CAPITAL EQUIPMENT 19,722.34 620 66700 800 TOTAL 8345,477.52 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92732 LINA 24522 5,278.71 EMPLOYEE BENEFITS 5,023.65 130 20022 MISCELLANEOUS 255.06 130 20028 92733 C.L.E.A. 24523 721.50 MISCELLANEOUS 721.50 130 20026 92734 STANDARD INSURANCE 24524 6,745.60 EMPLOYEE BENEFITS 6,745.60 130 20021 92735 STANDARD INSURANCE CO. RB 24525 251.40 MISCELLANEOUS 251.40 130 20025 92736 TEAMSTERS #856 24526 455.00 UNION DUES 455.00 130 21091 92737 TEAMSTERS UNION LOCAL 856 24528 320.60 EMPLOYEE BENEFITS 13.20 130 21015 MISCELLANEOUS 307.40 130 21092 92738 WATER SOLUTIONS 24532 520.00 TRAINING EXPENSE 520.00 526 69020 260 92739 BEACON FIRE & SAFETY 24535 1,864.07 TRAINING EXPENSE 250.00 101 66210 260 TRAINING EXPENSE 545.69 526 69020 260 TRAINING EXPENSE 250.00 527 66520 260 PROFESSIONAL & SPECIALIZED S 136.39 619 64460 210 5140 PROFESSIONAL & SPECIALIZED S 681.99 619 64460 210 5240 92740 KENNEDY/JENKS CONSULTANTS 24570 3,924.62 PROFESSIONAL & SPECIALIZED S 3,924.62 326 80920 210 92741 WILLIAM ALLAN 24582 51700.00 DEPOSIT REFUNDS 5,700.00 101 22520 92742 AT&T WIRELESS 24607 546.50 COMMUNICATIONS 546.50 101 65200 160 92743 WORLDPOINT ECC, INC. 24619 307.32 MISCELLANEOUS 307.32 101 22585 92744 DAVEY ROOFING 24620 300.00 DEPOSIT REFUNDS 300.00 101 22520 92745 NIELSON MECHANICAL, INC. 24621 1,000.00 DEPOSIT REFUNDS 1,000.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92716 WINZLER & KELLY CONSULTING ENGIN 23992 6,602.33 PROFESSIONAL & SPECIALIZED S 6,602.33 320 80520 210 92717 SANDRO MASCARENHAS 24051 690.00 CONTRACTUAL SERVICES 690.00 101 68010 220 1762 92718 ELISE MILANO 24098 204.00 CONTRACTUAL SERVICES 204.00 101 68010 220 1645 92719 HENRY HORN AND SONS 24101 528.00 DEPOSIT REFUNDS 528.00 101 22520 92720 FLORA ROBELET 24167 50.00 CONTRACTUAL SERVICES 50.00 101 68010 220 1521 92721 ERIC GATTMAN 24169 225.60 CONTRACTUAL SERVICES 225.60 101 68010 220 1521 92722 AUDREY TSE 24193 1,704.00 DEPOSIT REFUNDS 1,704.00 101 22520 92723 ROSSI BUILDERS 24219 10,383.00 MISCELLANEOUS 10,383.00 101 22546 92724 ROCHELLE MAIDA 24300 300.00 DEPOSIT REFUNDS 300.00 101 22520 92725 A&G SERVICES 24400 3,000.00 CONTRACTUAL SERVICES 3,000.00 527 66520 220 92726 ART OF CONSTRUCTION 24413 1,380.00 MISCELLANEOUS 1,380.00 101 22546 92727 NORTHWEST CONSTRUCTION 24485 750.00 MISCELLANEOUS 750.00 526 22502 92728 BURLINGAME FIREFIGHTERS FUND 24518 4,050.00 MISCELLANEOUS 4,050.00 130 20016 92729 BURLINGAME FIREFIGHTERS FUND 24519 64.00 UNION DUES 64.00 130 21080 92730 BURLINGAME POLICE ADMINISTRATION 24520 220.00 MISCELLANEOUS 220.00 130 20024 92731 BURLINGAME POLICE OFFICERS ASSN 24521 640.00 MISCELLANEOUS 640.00 130 20024 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/04/03 ' NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92705 THE MOBILE STORAGE GROUP 23138 190.00 BLDG. & GROUNDS MAINT. 190.00 526 69020 190 92706 CYBERNET CONSULTING, INC. 23234 19,850.00 PROFESSIONAL & SPECIALIZED S 5,557.99 320 79400 210 PROFESSIONAL & SPECIALIZED S 7,741.50 326 79400 210 PROFESSIONAL & SPECIALIZED S 6,550.51 327 79400 210 92707 SIERRA OFFICE SUPPLIES 23301 1,420.09 OFFICE EXPENSE 90.41 101 64350 110 OFFICE EXPENSE 54.30 101 65300 110 OFFICE EXPENSE 63.43 101 66100 110 OFFICE EXPENSE 131.96 101 65100 110 OFFICE EXPENSE -297.69 101 65300 110 OFFICE EXPENSE 111.52 101 64150 110 OFFICE EXPENSE 62.41 101 65300 110 MISC. SUPPLIES 8.57 101 65100 120 PERSONNEL EXAMINATIONS 277.07 101 66210 121 OFFICE EXPENSE 241.60 526 69020 110 MISC. SUPPLIES 292.26 526 69020 120 OFFICE EXPENSE 271.68 619 64460 110 OFFICE EXPENSE 112.57 620 66700 110 92708 UNIVERSAL SPECIALTIES, INC. 23311 50.43 MISC. SUPPLIES 50.43 619 64460 120 5150 92709 SECURITY SOLUTIONS 23412 5,225.00 CONTRACTUAL SERVICES 5,225.00 320 76010 220 92710 SCS ENGINEERS 23654 2,808.73 PROFESSIONAL & SPECIALIZED S 2,808.73 528 66600 210 92711 SBC/MCI 23728 5,087.25 COMMUNICATIONS 55.67 101 65200 160 UTILITY EXPENSE 5,031.58 896 20281 92712 CHEMSEARCH 23864 1,872.48 MISC. SUPPLIES 936.24 101 66210 120 SIDEWALK REPAIR EXPENSE 936.24 101 66210 219 92713 SOUTH SAN FRANCISCO TIRE SERVICE 23950 1,352.17 SUPPLIES 1,352.17 620 15000 92714 MUSIC SYSTEMS 23956 500.00 CONTRACTUAL SERVICES 500.00 730 69533 220 92715 LARRY VERNA 23968 150.00 DEPOSIT REFUNDS 150.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92689 DAPPER TIRE CO., INC. 20464 937.72 SUPPLIES 937.72 620 15000 92690 JULIO MORAN 20564 352.00 CONTRACTUAL SERVICES 352.00 101 68010 220 1780 92691 KURT STEIL 21550 4,100.00 DEPOSIT REFUNDS 4,100.00 101 22520 92692 SAV1N CORPORATION 21630 139.25 OFFICE EXPENSE 139.25 101 68010 110 1101 92693 CINGULAR WIRELESS 21747 136.49 COMMUNICATIONS 136.49 101 65300 160 92694 PAUL HOWIE 21803 1,000.00 DEPOSIT REFUNDS 1,000.00 101 22520 92695 SEWER RAT 21821 700.00 DEPOSIT REFUNDS 700.00 101 22520 92696 PUBLIC AFFAIRS MANAGEMENT 21986 4,555.89 PROFESSIONAL & SPECIALIZED S 4,555.89 326 80770 210 92697 SARTOR SAW WORKS 22070 199.44 EQUIPMENT MAINT. 199.44 101 68020 200 2300 92698 HELENE RENE 22366 120.00 CONTRACTUAL SERVICES 120.00 101 68010 220 1460 92699 STEVE NELSON 22449 84.00 CONTRACTUAL SERVICES 84.00 101 68010 220 1780 92700 LESCO INC. 22540 318.26 MISC. SUPPLIES 318.26 101 68020 120 2200 92701 VERIZON WIRELESS 22593 73.44 COMMUNICATIONS 73.44 101 68010 160 1100 92702 TURF STAR 22682 314.10 EQUIPMENT MAINT. 314.10 101 68020 200 2200 92703 MILLS PENINSULA HEALTH SERVICES 22751 851.00 PROFESSIONAL & SPECIALIZED S 851.00 101 64420 210 92704 JAMES YARBOROUGH 22793 294.00 CONTRACTUAL SERVICES 294.00 101 68010 220 1780 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 92676 MICHAEL ADAM 18275 476.00 CONTRACTUAL SERVICES 476.00 101 68010 220 1788 92677 PENINSULA PUMP & 18450 9,835.54 CAPITAL EQUIPMENT 9,835.54 527 66520 800 92678 RALF SINGER 18476 960.00 CONTRACTUAL SERVICES 960.00 101 68010 220 1660 92679 KLEINFELDER, INC 18684 600.00 PROFESSIONAL & SPECIALIZED S 600.00 320 80510 210 92680 BAY ALARM 18854 231 .00 CONTRACTUAL SERVICES 115.50 619 64460 220 5140 CONTRACTUAL SERVICES 115.50 619 64460 220 5180 92681 REGIONAL MONITORING PROGRAM 18900 3,349.25 OTHER AGENCY CONTRIBUTIONS 3,349.25 527 66530 270 92682 ACCESS UNIFORMS & EMBROIDERY 18990 169.51 UNIFORMS AND EQUIPMENT 31.40 526 69020 140 UNIFORMS AND EQUIPMENT 109.79 620 66700 140 RENTS & LEASES 28.32 620 66700 180 92683 MINOLTA BUSINESS SYSTEMS 19131 608.62 EQUIPMENT MAINT. 608.62 101 65200 200 92684 WILSEY & HAM 19397 31532.70 PROFESSIONAL & SPECIALIZED S 3,532.70 320 80600 210 92685 PENINSULA CORRIDOR JOINT 20060 3,860.00 RENTS & LEASES 1,286.67 101 66210 180 RENTS & LEASES 1,286.67 526 69020 180 RENTS & LEASES 1,286.66 527 66520 180 92686 EL CAMINO CHARTER LINES INC 20105 446.72 MISC. SUPPLIES 446.72 101 68010 120 1521 92687 RACQUET SMITH 20339 2,097.60 CONTRACTUAL SERVICES 2,097.60 101 68010 220 1782 92688 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 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92668 CHIEF BILL REILLY 11568 1,140.33 MISC. SUPPLIES 29.84 101 65200 111 MISC. SUPPLIES 490.91 101 65200 120 UNIFORMS AND EQUIPMENT 204.59 101 65200 140 VEHICLE MAINT. 65.69 101 65200 202 FIRE APPARATUS MAINT. 37.06 101 65200 203 RADIO MAINT. 19.46 101 65200 205 TRAVEL & MEETINGS 110.00 101 65200 250 TRAINING EXPENSE 182.78 101 65200 260 92669 RADIOSHACK CORPORATION 11749 70,33 MISC. SUPPLIES 11 .36 101 66210 120 MISC. SUPPLIES 58.97 101 65400 120 92670 BURLINGAME POLICE DEPT 13720 6,475.07 OFFICE EXPENSE 866.51 101 65100 110 MISC. SUPPLIES 497.30 101 65400 120 MISC. SUPPLIES 264.87 101 65150 120 MISC. SUPPLIES 1,513.22 101 65100 120 MISC. SUPPLIES 300.00 101 69530 120 UNIFORMS AND EQUIPMENT 328.94 101 65100 140 COMMUNICATIONS 250.00 101 65150 160 COMMUNICATIONS 283.23 101 65100 160 EQUIPMENT MAINT. 422.00 101 65400 200 GAS, OIL & GREASE 145.63 101 65100 201 DUES & SUBSCRIPTIONS 340.57 101 65100 240 TRAVEL & MEETINGS 86.79 101 65100 250 TRAINING EXPENSE 309.24 101 65100 260 PRISONER EXPENSE 149.80 101 65100 291 POLICE INVESTIGATION EXPENSE 317.46 101 65100 292 MISC. SUPPLIES 133.62 730 69574 120 MISCELLANEOUS 265.89 731 22574 92671 CALIFORNIA STATE AUTOMOBILE 14682 162.00 SUPPLIES 162.00 620 15000 92672 ROYAL WHOLESALE ELECTRIC 14855 11 .79 MISC. SUPPLIES 11 .79 101 66240 120 92673 MOSS RUBBER & EQUIPMENT CORP. 16225 240.62 PUMP EQUIPMENT REPAIR 240.62 526 69020 230 92674 MUNICIPAL MAINTENANCE 16629 243.51 SUPPLIES 243.51 620 15000 92675 METRO MOBILE COMMUNICATIONS 17402 294.00 RADIO MAINT. 294.00 101 65200 205 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/04/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92655 ALPINE AWARDS, INC. 01052 342.60 MISC. SUPPLIES 342.60 101 68010 120 1781 92656 BURLINGAME CHAMBER OF COMMERCE 01637 2,301.63 CONTRACTUAL SERVICES 2,301.63 101 64560 220 92657 L. N. CURTIS & SONS 02027 746.20 MISC. SUPPLIES 314.28 101 65200 120 UNIFORMS AND EQUIPMENT 431.92 101 65200 140 92658 US FILTER OPERATING SERVICES 02110 28,981 .64 PROFESSIONAL & SPECIALIZED S 18,535.00 327 79480 210 BLDG. & GROUNDS MAINT. 10,170.90 527 66530 190 PROFESSIONAL & SPECIALIZED S 275.74 527 66530 210 92659 EWING IRRIGATION PRODUCTS 02157 127.24 MISCELLANEOUS 127.24 101 68020 192 2200 92660 GRANITE ROCK COMPANY 02261 794.62 SIDEWALK REPAIR EXPENSE 114.13 101 66210 219 STREET RESURFACING EXPENSE 680.49 101 66210 226 92661 LAWSON PRODUCTS, INC. 02755 678.36 MISC. SUPPLIES 487.24 619 64460 120 SUPPLIES 191.12 620 15000 92662 P. G. & E. 03054 69,534.49 GAS & ELECTRIC 19,520.76 101 66240 170 GAS & ELECTRIC 10.23 527 66520 170 UTILITY EXPENSE 50,003.50 896 20280 92663 PERSONAL AWARDS, INC. 03145 329.08 MISC. SUPPLIES 329.08 101 68010 120 1780 92664 SANDRA POBE 03175 1,520.00 CONTRACTUAL SERVICES 1,520.00 101 68010 220 1644 92665 CITY OF SAN MATEO 03366 61000.00 CONTRACTUAL SERVICES 6,000.00 101 65200 220 92666 INFORMATION SERVICES DEPT. 03378 18.14 CONTRACTUAL SERVICES 18.14 101 65200 220 - 92667 ANA FITZGERALD 09975 240.00 CONTRACTUAL SERVICES 240.00 101 68010 220 1646 CITY OF BURLINGAME 11-26.2003 WARRANT REGI ST ER PAGE 9 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 111,796.71 CAPITAL IMPROVEMENTS FUND 320 19,276.94 WATER CAPITAL PROJECT FUND 326 133,540.00 SEWER CAPITAL PROJECT FUND 327 180,002.78 WATER FUND 526 5,772.18 SEWER FUND 527 228,105.28 SOLID WASTE FUND 528 3,089.55 PARKING ENTERPRISE FUND 530 1,107.00 SELF INSURANCE FUND 618 8,917.00 FACILITIES SERVICES FUND 619 3,240.10 EQUIPMENT SERVICES FUND 620 1,473.41 INFORMATION SERVICES FUND 621 602.07 FIRE MECHANIC SERVICES FUND 625 231.02 OTHER LOCAL GRANTS/DONATIONS 730 360.00 TRUST AND AGENCY FUND 731 140,938.55 UTILITY REVOLVING FUND 896 5,254.18 TOTAL FOR APPROVAL $843,706.77 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 92552 THROUGH 92654 INCLUSIVE.,TOTALING IN THE AMOUNT OF $843,706.77, 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 . . .. . . . . . . . . . . .. . I . . . . . . . . . . . . .. . . . . . . ./.. ./.. . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92647 STAR CELLULAR OF MILLBRAE 24611 247.16 COMMUNICATIONS 247.16 101 66100 160 92648 SAN FRANCISCO BAY AREA RAPID TRA 24612 133,540.00 PROFESSIONAL & SPECIALIZED S 133,540.00 326 78210 210 92649 BANK OF WALNUT CREEK 24613 49,717.27 CONTRACTUAL SERVICES 49,717.27 327 79480 220 92650 RANDY LEE 24614 1,000.00 MISCELLANEOUS 1,000.00 101 22525 92651 MARCUS GRAY 24615 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92652 R. DEVIN STENHOUSE 24616 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92653 CHUN YI CHEN 24617 1,000.00 MISCELLANEOUS 1,000.00 101 36630 92654 LIFE FITNESS 24618 15,627.26 MISC. SUPPLIES 15,627.26 320 76010 120 TOTAL 8843,706.77 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92631 SCS FIELD SERVICES 23727 3,082.65 PROFESSIONAL & SPECIALIZED S 3,082.65 528 66600 210 92632 SBC/MCI 23728 14.21 COMMUNICATIONS 14.21 101 65200 160 92633 INDUSTRIAL PLUMBING SUPPLY 23857 454.62 MISC. SUPPLIES 245.77 619 64460 120 5190 PROFESSIONAL & SPECIALIZED S 208.85 619 64460 210 5190 92634 ROCOUE YBALLA 23890 338.26 TRAINING EXPENSE 338.26 101 65200 260 92635 DEPARTMENT OF JUSTICE 23905 32.00 PROFESSIONAL & SPECIALIZED S 32.00 101 64420 210 192636 GARY GONZALES 24052 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92637 GLENDA ORTEZ 24206 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92638 ANTHONY GALAN 24207 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92639 MAYBELLE PINSON 24419 103.50 CONTRACTUAL SERVICES 103.50 101 68010 220 1646 92640 DPR CONSTRUCTION 24429 28,200.00 DEPOSIT REFUNDS 28,200.00 101 22520 92641 EASYLINK SERVICES CORP 24430 17.81 COMMUNICATIONS 17.81 101 65100 160 92642 C.W. ROEN CO. 24474 130,285.51 CONTRACTUAL SERVICES 130,285.51 327 79480 220 92643 AT&T WIRELESS 24607 973.45 UTILITY EXPENSE 973.45 896 20281 92644 DEBRA SHAPIRO 24608 300.00 DEPOSIT REFUNDS 300.00 101 22520 92645 MR. ROOTER 24609 300.00 DEPOSIT REFUNDS 300.00 101 22520 92646 COLUMBIA ELECTRIC 24610 1,041 .00 CONTRACTUAL SERVICES 1,041.00 320 75110 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92616 PATRICIA MCMORROW 22584 112.50 CONTRACTUAL SERVICES 112.50 101 68010 220 1644 92617 COLLEEN JONES 22673 112.50 CONTRACTUAL SERVICES 112.50 101 68010 220 1789 92618 NICK'S DELI AND FINE FOODS 22721 624.00 TRAINING EXPENSE 624.00 101 64420 260 92619 BURLINGAME FAMILY PET HOSPITAL 22773 50.88 MISC. SUPPLIES 50.88 101 65100 120 92620 SAN MATEO DAILY JOURNAL 22804 500.00 MISCELLANEOUS 500.00 526 69020 233 92621 GLASER AND ASSOCIATES 22821 3,297.18 TRAINING EXPENSE 3,297.18 101 64420 262 92622 JENKINS/ATHENS INS 22851 8,917.00 CLAIMS ADJUSTING SERVICES 8,917.00 618 64520 225 92623 PITNEY BOWES 23128 548.00 CITY HALL MAINTENANCE 548.00 621 64450 200 92624 BOISE CASCADE OFFICE PRODUCTS CO 23306 52.78 OFFICE EXPENSE 17.28 101 64420 110 OFFICE EXPENSE 35.50 101 64250 110 92625 UNIVERSAL SPECIALTIES, INC. 23311 189.24 MISC. SUPPLIES 84.12 619 64460 120 5160 MISC. SUPPLIES 105.12 619 64460 120 92626 PDWERPLAN 23335 480.72 SUPPLIES 480.72 620 15000 92627 MIKE TUFO 23562 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92628 DANIELLE DELORIO 23563 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 92629 MCMASTER-CARR SUPPLY CO. 23611 192.03 MISC. SUPPLIES 192.03 619 64460 120 5240 92630 JENNIFER MUNOZ 23694 45.00 CONTRACTUAL SERVICES 45.00 730 69533 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92602 PACIFIC COAST TRANE SERVICE 20818 743.75 PROFESSIONAL & SPECIALIZED S 743.75 619 64460 210 5120 92603 THYSSENKRUPP ELEVATOR-042 21240 600.00 CONTRACTUAL SERVICES 600.00 619 64460 220 92604 JACKIE COOPER 21469 1,040.00 CONTRACTUAL SERVICES 1,040.00 101 68010 220 1646 92605 FILTERFRESH COFFEE EXCELLENCE 21623 54.07 BLDG. & GROUNDS MAINT. 54.07 621 64450 190 92606 ARAMARK UNIFORM SERVICES, INC. 21634 2,042.00 UNIFORMS AND EQUIPMENT 411.44 101 66210 140 UNIFORMS AND EQUIPMENT 22.65 101 66240 140 UNIFORMS AND EQUIPMENT 796.12 526 69020 140 UNIFORMS AND EQUIPMENT 394.17 527 66520 140 UNIFORMS AND EQUIPMENT 6.90 528 66600 140 UNIFORMS AND EQUIPMENT 347.60 619 64460 140 UNIFORMS AND EQUIPMENT 63.12 620 66700 140 92607 AUTO DIESEL ELECTRIC INC. 21648 203.35 FIRE APPARATUS MAINT. 203.35 625 65213 203 92608 MEDTRONIC PHYSIO-CONTROL CORP. 21699 270.80 SUPPLIES 270.80 101 65200 112 92609 CHRISSY HOLMES 21723 114.00 CONTRACTUAL SERVICES 114.00 101 68010 220 1644 92610 SIGN-A-RAMA 21864 300.00 DEPOSIT REFUNDS 300.00 101 22520 92611 SAN MATEO COUNTY CONTROLLERS OFF 21897 18,067.50 MISCELLANEOUS 18,067.50 101 37010 92612 SARTOR SAW WORKS 22070 80.00 EQUIPMENT MAINT. 80.00 101 68020 200 2200 92613 AT&T 22138 40.15 COMMUNICATIONS 20.83 101 65100 160 COMMUNICATIONS 19.32 101 66100 160 92614 JCC , INC. 22157 27,773.82 PROFESSIONAL & SPECIALIZED S 27,773.82 527 66520 210 92615 CSG CONSULTANTS 22465 7,480.00 MISCELLANEOUS 7,480.00 101 65300 010 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92587 DON CHESNEY 18143 400.00 TRAINING EXPENSE 400.00 101 65200 260 92588 ACCESS UNIFORMS & EMBROIDERY 18990 446.42 UNIFORMS AND EQUIPMENT 249.75 526 69020 140 UNIFORMS AND EQUIPMENT 196.67 619 64460 140 92589 PREFERRED ALLIANCE 19025 237.60 PERSONNEL EXAMINATIONS 237.60 101 64420 121 92590 ANG NEWSPAPERS 19083 38.07 PROFESSIONAL & SPECIALIZED S 38.07 101 64400 210 92591 LIEBERT CASSIDY WHITMORE 19095 24.00 PROFESSIONAL & SPECIALIZED S 24.00 101 64420 210 92592 ARROWHEAD MOUNTAIN SPRING WATER 19330 26.31 MISC. SUPPLIES 26.31 620 66700 120 92593 BURTON'S FIRE APPARATUS 19366 27.67 FIRE APPARATUS MAINT. 27.67 625 65213 203 92594 DON DORNELL 19617 427.68 TRAINING EXPENSE 427.68 101 65200 260 92595 GRAPHIC PRODUCTS 19691 167.50 MISCELLANEOUS -12.86 101 23611 OFFICE EXPENSE 180.36 101 68010 110 1101 92596 ART DOLLOSSO 19814 80.00 CONTRACTUAL SERVICES 80.00 101 68010 220 1660 92597 GE CAPITAL 20216 486.16 OFFICE EXPENSE 99.73 101 68020 110 2100 CONTRACTUAL SERVICES 386.43 101 68010 220 1101 92598 AT&T WIRELESS 20301 53.99 COMMUNICATIONS 53.99 101 64250 160 92599 LONGS DRUGS 20453 9.84 POLICE INVESTIGATION EXPENSE 9.84 101 65100 292 92600 BAYSIDE BUILDING MATERIALS INC. 20650 35.72 MISC. SUPPLIES 35.72 101 68020 120 2200 92601 SPRINT PCS 20724 73.48 UTILITY EXPENSE 73.48 896 20281 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Cheeks 92574 EMPLOYMENT DEVELOPMENT DEPARTMEN 10567 13,064.00 MISCELLANEOUS 1,110.00 101 65300 010 MISCELLANEOUS 4,066.00 101 68010 010 1100 TEMPORARY EMPLOYMENT SVC. 2.00 101 68010 011 1423 TEMPORARY EMPLOYMENT SVC. 1,257.00 101 68010 011 1100 TEMPORARY EMPLOYMENT SVC. 3,570.00 101 68020 011 2300 TEMPORARY EMPLOYMENT SVC. 1,952.00 101 67500 011 MISCELLANEOUS 1,107.00 530 65400 010 92575 MVP REPAIR SERVICE CO. 11739 3,244.57 PROFESSIONAL & SPECIALIZED S 3,244.57 526 69020 210 92576 COUNTY OF SANTA CLARA 13753 9,034.00 PROFESSIONAL & SPECIALIZED S 9,034.00 101 64420 210 92577 DEWEY PEST CONTROL 14338 100.00 RAT CONTROL PROGRAM 100.00 101 66210 218 92578 DAY-TIMERS, INC. 14411 34.61 MISC. SUPPLIES 34.61 527 66520 120 92579 VALLEY OIL CO. 15764 822.49 SUPPLIES 822.49 620 15000 92580 MOSS RUBBER & EQUIPMENT CORP. 16225 1,129.27 MISC. SUPPLIES 29.78 526 69020 120 TRAINING EXPENSE 833.15 526 69020 260 TRAINING EXPENSE 266.34 527 66520 260 92581 COMMUNITY GATEPATH 16575 70.13 PROFESSIONAL & SPECIALIZED S 70.13 101 66210 210 92582 LINHART PETERSEN POWERS ASSOC. 16599 18,470.08 MISCELLANEOUS 18,470.08 101 22515 92583 MIKE SMITH 16637 300.00 CONTRACTUAL SERVICES 300.00 101 68010 220 1789 92584 COLORPRINT DIGITAL 17497 9.63 MISC. SUPPLIES 9.63 101 66210 120 92585 TOOLS EXPRESS 18027 103.77 MISC. SUPPLIES 103.77 101 68020 120 2200 92586 GEORGE MASTALIR 18088 275.00 CONTRACTUAL SERVICES 275.00 101 68010 220 1789 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92565 RD OFFICE SOLUTIONS 09213 10.48 OFFICE EXPENSE 10.48 527 66520 110 92566 TESTING ENGINEERS, INC. 09270 440.00 PROFESSIONAL & SPECIALIZED S 440.00 320 80832 210 92567 LIFE ASSIST 09392 72.97 SUPPLIES 72.97 101 65200 112 92568 STERICYCLE, INC. 09439 73.49 SUPPLIES 73.49 101 65200 112 92569 OCE'-BRUNING, INC. 09493 857.35 PROFESSIONAL & SPECIALIZED S 857.35 101 66100 210 92570 ORCHARD SUPPLY HARDWARE 09670 1,373.83 MISC. SUPPLIES 183.69 101 68020 120 2200 MISC. SUPPLIES 45.43 101 66210 120 MISC. SUPPLIES 106.55 101 65100 120 SMALL TOOLS 229.86 101 68020 130 2200 SMALL TOOLS 38.96 101 66210 130 STREET RESURFACING EXPENSE 38.95 101 66210 226 TRAINING EXPENSE 257.44 101 66240 260 MISC. SUPPLIES 51 .66 526 69020 120 SMALL TOOLS 27.04 526 69020 130 TRAINING EXPENSE 15.46 526 69020 260 MISC. SUPPLIES 73.63 619 64460 120 5170 MISC. SUPPLIES 262.26 619 64460 120 MISC. SUPPLIES 42.90 619 64460 120 5230 92571 INTERSTATE TRAFFIC 09790 3,411 .29 TRAFFIC CONTROL MATERIALS 1,242.61 101 66210 222 PROFESSIONAL & SPECIALIZED S 2,168.68 320 80800 210 92572 TELECOMMUNICATIONS ENGINEERING A 10101 225.00 CONTRACTUAL SERVICES 225.00 101 65200 220 92573 CAL-STEAM 10557 603.47 SIDEWALK REPAIR EXPENSE 130.15 101 66210 219 MISC. SUPPLIES 473.32 527 66520 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 11/26/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92552 ACE HARDWARE 01027 138.12 MISC. SUPPLIES 30.93 101 65200 111 MISC. SUPPLIES 18.37 101 65400 120 MISC. SUPPLIES 12.04 101 66210 120 STREET RESURFACING EXPENSE 34.59 101 66210 226 OFFICE EXPENSE 3.89 526 69020 110 MISC. SUPPLIES 2.91 526 69020 120 UNIFORMS AND EQUIPMENT 17.85 526 69020 140 MISC. SUPPLIES 17.54 527 66520 120 92553 CRAFT PRINTERS 01842 243.02 OFFICE EXPENSE 243.02 101 66100 110 92554 US FILTER OPERATING SERVICES 02110 199,135.00 CONTRACTUAL SERVICES 199,135.00 527 66530 220 92555 EWING IRRIGATION PRODUCTS 02157 410.88 MISCELLANEOUS 410.88 101 68020 192 2200 92556 WATER/FINANCE PETTY CASH 02184 4,207.25 MISCELLANEOUS 4,207.25 896 20282 92557 W.N. GRAINGER, INC. 02248 218.17 MISC. SUPPLIES 22.23 619 64460 120 5170 MISC. SUPPLIES 115.17 619 64460 120 5130 SUPPLIES 80.77 620 15000 92558 GRANITE ROCK COMPANY 02261 362.50 STREET RESURFACING EXPENSE 362.50 101 66210 226 92559 K & W DISCOUNT LIGHTING & SUPP 02645 248.06 MISC. SUPPLIES 248.06 101 66240 120 92560 MAYNE TREE EXPERT CO., INC. 02872 525.00 CONTRACTUAL SERVICES 525.00 101 68020 220 2300 92561 SBC 03080 99.61 COMMUNICATIONS 99.61 101 65100 160 92562 ROSS RECREATION EQUIPMENT 03271 99.77 BLDG. & GROUNDS MAINT. 99.77 101 68020 190 2200 92563 SAN MATEO COUNTY CONVENTION & 03431 140,938.55 MISCELLANEOUS 140,938.55 731 22587 92564 WITMER-TYSON IMPORTS, INC. 03788 300.00 MISC. SUPPLIES 300.00 101 65100 120 CITY OF BURLINGAME 11-21-2003 W A R R A N T R E G I S T E R PAGE 7 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 77,677.27 PAYROLL REVOLVING FUND 130 85.00 CAPITAL IMPROVEMENTS FUND 320 712.50 WATER CAPITAL PROJECT FUND 326 435,611.62 SEWER CAPITAL PROJECT FUND 327 2,500.00 WATER FUND 526 2,648.00 SEWER FUND 527 390.16 SOLID WASTE FUND 528 4,249.08 SELF INSURANCE FUND 618 700.00 FACILITIES SERVICES FUND 619 5,781.79 EQUIPMENT SERVICES FUND 620 192.18 INFORMATION SERVICES FUND 621 28,695.94 FIRE MECHANIC SERVICES FUND 625 793.97 OTHER LOCAL GRANTS/DONATIONS 730 921.68 BURLINGAME TRAIN SHUTTLE PROGRAM 736 20,790.63 UTILITY REVOLVING FUND 896 914.73 TOTAL FOR APPROVAL 8582,664.55 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 92476 THROUGH 92551 INCLUSIVE,TOTALING IN THE AMOUNT OF $582,664.55, 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 11/21/03 - NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92545 GLENDA FREIBERG 24553 85.00 EMPLOYEE BENEFITS 85.00 130 20015 92546 SWRCS FEES 24588 3,679.00 MISC. SUPPLIES 3,679.00 528 66600 120 92547 JOSEPH POLLARD CO, INC. 24595 29.40 MISC. SUPPLIES 29.40 101 65200 120 92548 SHAW ENVIRONMENTAL 24603 1,500.00 DEPOSIT REFUNDS 1,500.00 101 22520 92549 BURT TOMA 24604 920.00 MISCELLANEOUS 920.00 101 22546 92550 MAINTENANCE SUPERINTENDENTS ASSO 24605 60.00 DUES & SUBSCRIPTIONS 60.00 101 66210 240 92551 DOROTHY MOREY 24606 810.00 MISCELLANEOUS 810.00 101 39800 TOTAL 8582,664.55 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 11/21/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92532 LIEBERT GLOBAL SERVICES 23551 1,894.38 CITY HALL MAINTENANCE 1,894.38 621 64450 200 92533 GORDON GOTTSCHE 23625 366.83 TRAVEL & MEETINGS 366.83 526 69020 250 92534 CAVALLINI CONSTRUCTION 23723 300.00 DEPOSIT REFUNDS 300.00 101 22520 92535 BAY AREA ECONOMICS 23844 3,000.00 PROFESSIONAL & SPECIALIZED S 3,000.00 101 64400 210 92536 CHOICE POINT BUSINESS AND GOVERN 23935 250.00 POLICE INVESTIGATION EXPENSE 250.00 101 65100 292 92537 UNIVERSAL BUILDING SERVICES 23941 145.49 MISC. SUPPLIES 145.49 101 68010 120 1114 92538 PRESTON PIPELINES 23974 2,250.00 DEPOSIT REFUNDS 2,250.00 101 22520 92539 T&B SPORTS 24035 231.09 BLDG. & GROUNDS MAINT. 231.09 101 68010 190 1106 92540 SPANGLE ASSOCIATES 24113 4,913.60 DEPOSIT REFUND 4,913.60 101 22590 92541 DOUG BELL 24189 98.00 PROFESSIONAL & SPECIALIZED S 98.00 326 79400 210 92542 CWS UTILITY SERVICES 24249 1,080.00 MISCELLANEOUS 1,080.00 526 69020 233 92543 BAY AREA BANK 24490 41,555.00 CONTRACTUAL SERVICES 41,555.00 326 80770 220 92544 BEACON FIRE & SAFETY 24535 2,514.52 TRAINING EXPENSE 145.06 101 68020 260 2200 PROFESSIONAL & SPECIALIZED S 45.00 619 64460 210 5150 PROFESSIONAL & SPECIALIZED S 102.45 619 64460 210 5160 PROFESSIONAL & SPECIALIZED S 1,139.87 619 64460 210 5240 PROFESSIONAL & SPECIALIZED S 138.90 619 64460 210 5170 PROFESSIONAL & SPECIALIZED S 623.15 619 64460 210 5140 PROFESSIONAL & SPECIALIZED S -354.59 619 64460 210 PROFESSIONAL & SPECIALIZED S 665.68 619 64460 210 5130 PROFESSIONAL & SPECIALIZED S 9.00 619 64460 210 5200 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 11/21/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92518 NORTH AMERICAN SPORTS MANAGEMENT 22382 1,050.00 CONTRACTUAL SERVICES 1,050.00 101 68010 220 1785 92519 PARKING COMPANY OF AMERICA 22500 20,790.63 CONTRACTUAL SERVICES 13,263.30 736 64571 220 CONTRACTUAL SERVICES 7,527.33 736 64570 220 92520 MILLER DEVELOPMENT 22629 61200.00 MISCELLANEOUS 6,200.00 101 22546 92521 SAN MATEO REGIONAL NETWORK, INC. 22759 520.00 UTILITY EXPENSE 520.00 896 20281 92522 ROBERTA RESTANI 22828 400.00 CONTRACTUAL SERVICES 400.00 101 68010 220 1641 92523 ASPEN PUBLISHERS, INC 23016 146.24 DUES & SUBSCRIPTIONS 146.24 101 64420 240 92524 TLC ADMINISTRATORS 23156 175.00 MISCELLANEOUS 175.00 101 64420 031 92525 BONANZA CONSTRUCTION 23302 2,312.20 PROFESSIONAL & SPECIALIZED S 2,312.20 619 64460 210 5160 92526 BOISE CASCADE OFFICE PRODUCTS CO 23306 211.40 OFFICE EXPENSE 95.10 101 65200 110 OFFICE EXPENSE 39.94 101 64420 110 OFFICE EXPENSE 59.68 101 64250 110 OFFICE EXPENSE 12.99 101 68010 110 1101 OFFICE EXPENSE 3.69 621 64450 110 92527 WILCO SUPPLY 23333 257.00 MISC. SUPPLIES 160.09 619 64460 120 5240 MISC. SUPPLIES 96.91 619 64460 120 5180 92528 SIX COUNTIES FIRE PROTECTION 23347 74.69 PROFESSIONAL & SPECIALIZED S 74.69 619 64460 210 5120 92529 CANON FINANCIAL SERVICES, INC. 23436 1 ,573.15 CITY HALL MAINTENANCE 1,573.15 621 64450 200 92530 ICE CENTER OF SAN MATEO 23512 381 .60 CONTRACTUAL SERVICES 381.60 101 68010 220 1762 92531 ERLER AND KALINOWSKI,INC. 23531 20,572.48 PROFESSIONAL & SPECIALIZED S 16,480.86 326 80720 210 PROFESSIONAL & SPECIALIZED S 4,091.62 326 80931 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 11/21/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 92504 GOETZ BROTHERS 19045 112.96 MISC. SUPPLIES 112.96 101 68010 120 1781 92505 IMAGEMAX, INC. 19145 2,292.69 MISCELLANEOUS 2,292.69 101 22518 92506 BURTON'S FIRE APPARATUS 19366 678.15 FIRE APPARATUS MAINT. 44.28 101 65200 203 FIRE APPARATUS MAINT. 633.87 625 65213 203 92507 BAY AREA BUSINESS CARDS INC 19588 162.38 OFFICE EXPENSE 162.38 101 65200 110 92508 AFFINITEL COMMUNICATIONS 20246 1,992.16 OFFICE EXPENSE 743.73 101 65500 110 COMMUNICATIONS 1,248.43 621 64450 160 92509 LYNX TECHNOLOGIES 20501 2,500.00 PROFESSIONAL & SPECIALIZED S 2,500.00 327 75170 210 92510 FRANKLIN OFFICE SUPPLIES 20523 166.27 OFFICE EXPENSE 166.27 101 64420 110 92511 RENEE RAMSEY 21136 990.00 CONTRACTUAL SERVICES 990.00 101 68010 220 1331 92512 ESA ENVIRONMENTAL SCIENCE ASSOC 21160 9,930.54 DEPOSIT REFUND 9,930.54 101 22590 92513 UNIVERSAL FLEET SUPPLY INC. 21543 160.10 FIRE APPARATUS MAINT. 160.10 625 65213 203 92514 DU•ALL SAFETY 21613 1,282.50 TRAINING EXPENSE 128.25 101 66240 260 TRAINING EXPENSE 384.75 101 66210 260 TRAINING EXPENSE 384.75 526 69020 260 TRAINING EXPENSE 384.75 527 66520 260 92515 TURBO DATA SYSTEMS, INC. 21767 8,670.77 MISCELLANEOUS 8,670.77 101 37010 92516 ROBERTS AND BRUNE 22178 649.82 MISC. SUPPLIES 649.82 526 69020 120 - 92517 THERMO ENVIRONMENTAL INST. 22324 570.08 PROFESSIONAL & SPECIALIZED S 570.08 528 66600 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 11/21/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92488 SAN MATEO COUNTY SHERIFF'S OFC. 09433 4,646.00 PRISONER EXPENSE 4,646.00 101 65100 291 92489 ABAG . LIABILITY 09518 700.00 CLAIMS PAYMENTS 700.00 618 64520 601 92490 BERNARD EDWARDS 09548 1,080.00 CONTRACTUAL SERVICES 1,080.00 101 68010 220 1762 92491 ORCHARD SUPPLY HARDWARE 09670 15.98 MISC. SUPPLIES 15.98 101 65200 120 92492 DOCUMENT PROCESSING SYSTEMS 13890 416.00 EQUIPMENT MAINT. 416.00 101 64250 200 92493 A T & T 13940 518.94 COMMUNICATIONS 124.21 621 64450 160 UTILITY EXPENSE 394.73 896 20281 92494 RECHARGE-EM 14523 70.36 OFFICE EXPENSE 70.36 101 65200 110 92495 ALL CITY MANAGEMENT 15595 3,455.40 CONTRACTUAL SERVICES 3,455.40 101 65100 220 92496 PENINSULA SPORTS OFFICIALS 15711 264.75 CONTRACTUAL SERVICES 264.75 101 68010 220 1787 92497 TEAM CLEAN 15827 234.40 CONTRACTUAL SERVICES 234.40 101 65200 220 92498 MOSS RUBBER & EQUIPMENT CORP. 16225 74.82 UNIFORMS AND EQUIPMENT 74.82 101 68020 140 2300 92499 MUNICIPAL MAINTENANCE 16629 124.26 SUPPLIES 124.26 620 15000 92500 ALLEN EQUIPMENT CO INC 16686 67.92 SUPPLIES 67.92 620 15000 92501 METRO MOBILE COMMUNICATIONS 17402 123.00 RADIO MAINT. 123.00 101 65200 205 92502 ACCURATE MAILINGS, INC 17623 501.95 DITCH & CREEK CLEANING EXPEN 501.95 101 66210 223 92503 SHAW PIPELINE INC 17959 373,386.14 CONTRACTUAL SERVICES 373,386.14 326 80770 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 11/21/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92476 ALPINE AWARDS, INC. 01052 77.62 MISC. SUPPLIES 77.62 101 68010 120 1781 92477 CITY OF BURLINGAME 01624 14,463.63 MISC. SUPPLIES 72.22 101 68010 120 1111 MISC. SUPPLIES 935.48 101 68010 120 1423 MISC. SUPPLIES 422.61 101 68010 120 1212 MISC. SUPPLIES 899.50 101 68010 120 1422 CONTRACTUAL SERVICES 11,212.14 101 68010 220 1212 MISC. SUPPLIES 310.07 730 69533 120 MISC. SUPPLIES 611.61 730 69592 120 92478 BURLINGAME RECREATION DEPT. 01663 1,456.00 RECREATION EXPENSES 1,456.00 101 10700 92479 CITY OF REDWOOD CITY 01862 24,564.58 CONTRACTUAL SERVICES 712.50 320 80420 220 COMMUNICATIONS 300.00 621 64450 160 CITY HALL MAINTENANCE 23,552.08 621 64450 220 92480 W.W. GRAINGER, INC. 02248 166.60 MISCELLANEOUS 166.60 526 69020 233 92481 GRANITE ROCK COMPANY 02261 771.09 SMALL TOOLS 48.33 101 66210 130 STREET RESURFACING EXPENSE 722.76 101 66210 226 92482 K & W DISCOUNT LIGHTING & SUPP 02645 768.44 MISC. SUPPLIES 310.46 619 64460 120 5240 MISC. SUPPLIES 457.98 619 64460 120 92483 SAN MATEO UNION HIGH 03471 500.00 GAS & ELECTRIC 500.00 101 68010 170 1286 92484 SHERRY'S/WESTERN CERAMICS 09061 314.68 CONTRACTUAL SERVICES 207.66 101 68010 220 1646 CONTRACTUAL SERVICES 107.00 101 68010 220 1644 92485 SAFETY KLEEN CORP. 09168 238.64 EQUIPMENT NAINT. 238.64 101 68020 200 2200 92486 RD OFFICE SOLUTIONS 09213 5.41 OFFICE EXPENSE 5.41 527 66520 110 92487 CITY OF MILLBRAE 09234 31152.82 PROFESSIONAL & SPECIALIZED S 3,152.82 101 64350 210 CITY OF BURLINGAME 11-13.2003 WARRANT REG I ST ER PAGE 8 FUND RECAP - 03-04 NAME FUND AMOUNT GENERAL FUND 101 169,719.43 CAPITAL IMPROVEMENTS FUND 320 21,323.04 WATER CAPITAL PROJECT FUND 326 14,723.29 SEWER CAPITAL PROJECT FUND 327 40,440.66 WATER FUND 526 3,877.66 SEWER FUND 527 37,679.68 SELF INSURANCE FUND 618 1,996.64 FACILITIES SERVICES FUND 619 18,467.13 EQUIPMENT SERVICES FUND 620 12,321.91 INFORMATION SERVICES FUND 621 1,512.45 FIRE MECHANIC SERVICES FUND 625 2,561.36 OTHER LOCAL GRANTS/DONATIONS 730 557.49 PUBLIC TV ACCESS FUND 738 640.00 UTILITY REVOLVING FUND 896 2,334.21 TOTAL FOR APPROVAL 8328,154.95 1 1z . -z vo1D C -16 .00h vol o UL 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 92345 THROUGH 92439 INCLUSIVE,TOTALING IN THE AMOUNT OF $328,154.95, 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 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92428 RANA RESOURCES 24551 446.59 MISC. SUPPLIES 446.59 320 80600 120 92429 SWRCB FEES 24588 33,462.00 OTHER AGENCY CONTRIBUTIONS 33,462.00 527 66530 270 92430 HARTFORD LIFE AND ACCIDENT INSUR 24590 4,200.00 PROFESSIONAL & SPECIALIZED S 4,200.00 101 64420 210 92431 JEFF INOKUCHI 24591 1,560.00 MISCELLANEOUS 1,560.00 101 22546 92432 ECI 24592 300.00 DEPOSIT REFUNDS 300.00 101 22520 92433 COAST EQUIPMENT 24593 784.81 FIRE APPARATUS MAINT. 784.81 101 65200 203 92434 MONSTERTRAK 24594 150.00 PUBLICATIONS & ADVERTISING 150.00 101 64420 150 92435 JOSEPH POLLARD CO, INC. 24595 269.16 MISCELLANEOUS -21.37 101 23611 MISC. SUPPLIES 290.53 101 65200 120 92436 MIKE TORRISE 24596 168.00 CONTRACTUAL SERVICES 168.00 101 68010 220 1788 92437 SHIELDS,HARPER & CO. 24597 184.50 BLDG. & GROUNDS MAINT. 184.50 620 66700 190 92438 JAMES PENNUTO 24598 2,700.00 MISCELLANEOUS 2,700.00 101 22546 92439 JEFF SWANSON 24599 11.68 MISCELLANEOUS 11.68 526 22502 TOTAL 8328,154.95 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92416 SBC/MCI 23728 178.97 COMMUNICATIONS 178.97 101 65150 160 92417 TRINET CONSTRUCTION 23847 760.00 CONTRACTUAL SERVICES 760.00 320 79380 220 92418 INDUSTRIAL PLUMBING SUPPLY 23857 882.38 PROFESSIONAL & SPECIALIZED S 882.38 619 64460 210 5130 92419 DUNBAR ARMORED 23925 1,613.07 BANKING SERVICE FEES 1,613.07 101 64250 120 92420 UNIVERSAL BUILDING SERVICES 23941 13,982.50 MISC. SUPPLIES 509.26 101 68010 120 1111 CONTRACTUAL SERVICES 896.00 619 64460 220 5190 CONTRACTUAL SERVICES 732.00 619 64460 220 5210 CONTRACTUAL SERVICES 3,856.00 619 64460 220 5170 CONTRACTUAL SERVICES 1,967.00 619 64460 220 5130 CONTRACTUAL SERVICES 100.00 619 64460 220 5230 CONTRACTUAL SERVICES 144.90 619 64460 220 5240 CONTRACTUAL SERVICES 151.34 619 64460 220 5130 CONTRACTUAL SERVICES 3,386.00 619 64460 220 5240 CONTRACTUAL SERVICES 355.00 619 64460 220 5170 CONTRACTUAL SERVICES 1,885.00 619 64460 220 5110 92421 NEXTEL COMMUNICATIONS 23946 436.94 COMMUNICATIONS 283.04 101 68020 160 2200 COMMUNICATIONS 153.90 619 64460 160 92422 CITICORP VENDOR FINANCE 24030 66.71 EQUIPMENT MAINT. 66.71 101 65200 200 92423 EURO ART 24107 1,602.10 PROFESSIONAL & SPECIALIZED S 1,602.10 619 64460 210 5130 92424 DOUG BELL 24189 53.95 PROFESSIONAL & SPECIALIZED S 53.95 320 80880 210 92425 SUTTER HEALTH as WORK MEDICAL ASS 24381 359.10 TRAINING EXPENSE 114.00 101 65200 260 TRAINING EXPENSE 118.00 101 68020 260 2200 TRAINING EXPENSE 127.10 527 66520 260 92426 A&G SERVICES 24400 983.00 PROFESSIONAL & SPECIALIZED S 983.00 619 64460 210 5170 92427 ART OF CONSTRUCTION 24413 1,380.00 MISCELLANEOUS 1,380.00 101 22546 i CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92401 UNDERGROUND CONSTRUCTION MANAGER 22305 33,733.38 PROFESSIONAL & SPECIALIZED S 33,733.38 327 80681 210 92402 VERIZON WIRELESS 22593 87.92 COMMUNICATIONS 87.92 526 69020 160 92403 PITNEY BOWES RESERVE ACCOUNT 22624 5,000.00 MISCELLANEOUS 5,000.00 101 15500 92404 PENINSULA BATTERY INC. 23045 840.36 SUPPLIES 840.36 620 15000 92405 MCMILLAN ELECTRIC 23066 13,449.00 PROFESSIONAL & SPECIALIZED S 13,449.00 320 76010 210 92406 THE DRAWING BOARD 23096 139.56 OFFICE EXPENSE 139.56 101 64420 110 92407 AT&T WIRELESS 23169 49.00 COMMUNICATIONS 49.00 101 65200 160 92408 BOISE CASCADE OFFICE PRODUCTS CO 23306 373.03 OFFICE EXPENSE 115.72 101 68010 110 1101 OFFICE EXPENSE 95.11 101 64250 110 OFFICE EXPENSE 67.54 101 64420 110 OFFICE EXPENSE 94.66 101 68010 110 1101 92409 WILCO SUPPLY 23333 166.60 MISC. SUPPLIES 166.60 619 64460 120 5120 92410 SUTTER VISITING NURSE ASSOCIATIO 23339 1,980.00 MISCELLANEOUS 1,980.00 101 64420 030 92411 BART GAUL 23603 1,500.00 MISCELLANEOUS 1,500.00 101 22546 92412 PETERSON 23633 332.53 SUPPLIES 332.53 620 15000 92413 AT&T 23661 17.36 COMMUNICATIONS 17.36 621 64450 160 92414 BANK OF AMERICA 23711 2,002.00 BANKING SERVICE FEES 2,002.00 101 64250 120 92415 JP LINDSTROM, INC. 23720 600.00 DEPOSIT REFUNDS --600.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92387 RACQUET SMITH 20339 2,097.60 CONTRACTUAL SERVICES 2,097.60 101. 68010 220 1782 92388 CONTROL MANUFACTURING CO., INC. 20421 23,370.30 PROFESSIONAL 8 SPECIALIZED S 1,939.73 320 79400 210 PROFESSIONAL & SPECIALIZED S 14,723.29 326 79400 210 PROFESSIONAL & SPECIALIZED S 6,707.28 327 79400 210 92389 EIP ASSOCIATES 20526 63,007.81 DEPOSIT REFUND 63,007.81 101 22590 92390 SPORTS CHOICE 20845 2,043.22 MISC. SUPPLIES 2,043.22 101 68010 120 1780 92391 QUICK MIX CONCRETE 21140 1,074.41 MISC. SUPPLIES 1,074.41 527 66520 120 92392 GUITTARD CHOCOLATE 21169 1,212.24 MISCELLANEOUS 1,212.24 526 22502 92393 THYSSENKRUPP ELEVATOR-042 21240 800.00 CONTRACTUAL SERVICES 400.00 619 64460 220 5120 CONTRACTUAL SERVICES 200.00 619 64460 220 5110 CONTRACTUAL SERVICES 200.00 619 64460 220 5230 92394 JACKIE COOPER 21469 184.50 CONTRACTUAL SERVICES 184.50 101 68010 220 1644 92395 CDW GOVERNMENT, INC. 21482 870.09 OFFICE EXPENSE 870.09 621 64450 110 92396 FILTERFRESH COFFEE EXCELLENCE 21623 275.00 BLDG. & GROUNDS MAINT. 275.00 621 64450 190 92397 SAVIN CORPORATION 21630 97.16 OFFICE EXPENSE 97.16 101 68010 110 1101 92398 CINGULAR WIRELESS 21747 116.01 COMMUNICATIONS 116.01 526 69020 160 92399 SKILLPATH SEMINARS 21832 199.00 TRAINING EXPENSE 199.00 101 66100 260 92400 ROBERTS AND BRUNE 22178 1,031.58 MISC. SUPPLIES 842.45 526 69020 120 MISC. SUPPLIES 189.13 527 66520 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92372 VALLEY OIL CO. 15764 9,482.41 GAS, OIL & GREASE 588.23 101 65200 201 SUPPLIES 8,894.18 620 15000 92373 SPECIALIZED COMMUNICATIONS 15787 640.00 CONTRACTUAL SERVICES 640.00 738 64580 220 92374 MOSS RUBBER & EQUIPMENT CORP. 16225 71.24 UNIFORMS AND EQUIPMENT 59.55 101 68020 140 2300 FIRE APPARATUS MAINT. 11.69 625 65213 203 92375 SYDNEY MALKDO 16347 59.53 SMALL TOOLS 59.53 620 66700 130 92376 CINTAS CORP. 1464 16911 813.30 UNIFORMS AND EQUIPMENT 155.21 101 68020 140 2100 UNIFORMS AND EQUIPMENT 658.09 101 68020 140 2200 92377 GOLDEN NURSERY 17128 425.62 MISC. SUPPLIES 396.39 101 68020 120 2200 MISC. SUPPLIES 29.23 526 69020 120 92378 STANDARD REGISTER 17495 1,320.10 OFFICE EXPENSE 1,320.10 101 64250 110 92379 H1•TECH EMERGENCY VEHICLE 17546 355.83 FIRE APPARATUS MAINT. 355.83 625 65213 203 92380 NATURCLEAN 18830 2,008.50 MISC. SUPPLIES - 2,008.50 527 66520 120 92381 ACCESS UNIFORMS & EMBROIDERY 18990 82.89 UNIFORMS AND EQUIPMENT 82.89 527 66520 140 92382 ANG NEWSPAPERS 19083 82.77 PUBLICATIONS & ADVERTISING 82.77 101 64200 150 92383 JOHN CAHALAN, ASLA 19561 1,327.71 CONTRACTUAL SERVICES 1,327.71 320 80970 220 92384 ALL FENCE COMPANY, INC. 19710 350.00 _ PUMP EQUIPMENT REPAIR 350.00 527 66520 230 92385 AFFINITEL COMMUNICATIONS 20246 350.00 COMMUNICATIONS 350.00 621 64450 160 _ 92386 CENTRAL GARDEN CENTER 20300 124.66 MISC. SUPPLIES 124.66 101 68020 120 2200 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 92358 WEST GROUP PAYMENT CTR. 03964 204.40 MISC. SUPPLIES 204.40 101 64350 120 92359 LINDSTROM CO. 09059 150.00 MISCELLANEOUS 150.00 101 36310 92360 LYNGSO GARDEN MATERIALS 09143 282.53 MISC. SUPPLIES 221.91 101 68020 120 2200 MISC. SUPPLIES 60.62 526 69020 120 92361 CITY OF MILLBRAE 09234 356.02 TRAVEL & MEETINGS 356.02 101 64350 250 92362 TESTING ENGINEERS, INC. 09270 3,002.00 PROFESSIONAL & SPECIALIZED S 1,920.00 320 80832 210 PROFESSIONAL & SPECIALIZED S 1,082,00 320 80590 210 92363 NOEL L. MILLER, INC, 09499 904.19 SUPPLIES 904.19 620 15000 92364 ABAG - LIABILITY 09518 1,996.64 PROFESSIONAL & SPECIALIZED S 365.80 618 64520 210 CLAIMS PAYMENTS 1,630.84 618 64520 601 92365 SAN MATEO LAWN MOWER SHOP 09560 224.92 EQUIPMENT MAINT. 166.46 101 68020 200 2200 MISC. SUPPLIES 58.46 526 69020 120 92366 PIP PRINTING 10620 344.06 CONTRACTUAL SERVICES 344.06 320 80970 220 92367 THE ADAM-HILL COMPANY 11571 196.97 FIRE APPARATUS MAINT. 196.97 625 65213 203 92368 COAST OIL CO. 13818 12,276.36 GAS, OIL & GREASE 12,276.36 101 65100 201 92369 BAY AREA AIR QUALITY 14358 246.00 PUMP EQUIPMENT REPAIR 246.00 527 66520 230 92370 AIRBORNE EXPRESS 14958 51 .08 MISC. SUPPLIES 20.23 101 65100 120 POLICE INVESTIGATION EXPENSE 30.85 101 65100 292 92371 MILLBRAE LOCK SHOP 15739 8.12 MISC. SUPPLIES 8.12 619 64460 120 5240 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 11/13/03 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Herd Written Checks 92345 * BOB TILLOTSON 24589 1,266.92 TRAVEL & MEETINGS 1,266.92 526 69020 250 92346 GRAY'S PAINT, BURLINGAME 01025 25.97 MISC. SUPPLIES 25.97 619 64460 120 5130 92347 BAYSHORE INTERNATIONAL TRUCKS 01236 1,753.40 FIRE APPARATUS MAINT. 1,753.40 625 65213 203 92348 BURLINGAME AUTO SUPPLY 01507 1,780.50 VEHICLE MAINT. 141.11 101 65200 202 FIRE APPARATUS MAINT. 149.65 101 65200 203 MISC. SUPPLIES 139.65 527 66520 120 SUPPLIES 1,106.62 620 15000 FIRE APPARATUS MAINT. 243.47 625 65213 203 92349 W.W. GRAINGER, INC. 02248 1,178.51 MISC. SUPPLIES 614.56 .101 68020 120 2200 TRAINING EXPENSE 192.13 526 69020 260 MISC. SUPPLIES 338.16 619 64460 120 MISC. SUPPLIES 33.66 619 64460 120 5240 92350 K & W DISCOUNT LIGHTING & SUPP 02645 1,218.68 MISC. SUPPLIES 1,218.68 101 66240 120 92351 PACIFIC NURSERIES 03041 608.91 MISC. SUPPLIES 51.42 101 68020 120 2200 MISCELLANEOUS 51.42 730 39560 MISC. SUPPLIES 506.07 730 69560 120 92352 SBC 03080 2,334.21 UTILITY EXPENSE 2,334.21 896 20281 92353 ALFRED J. PALMER 03085 257.54 MISCELLANEOUS 257.54 101 65100 031 92354 KPMG LLP 03109 35,150.00 CONTRACTUAL SERVICES 35,150.00 101 64560 220 92355 DOROTHY RADYK 03235 937.50 CONTRACTUAL SERVICES 937.50 101 68010 220 1644 92356 INFORMATION SERVICES DEPT. 03378 1,833.84 CONTRACTUAL SERVICES 1,833.84 101 65150 220 92357 SAN MATEO CTY NARCOTICS TSK FR 03408 18,886.00 CONTRACTUAL SERVICES 18,886.00 101 65100 220 CITY AGENDA 9e °•� ITEM # BQWq ULJNCiAME STAFF REPORT DATE 1/5/04 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTEC �! BY env" —`� DATE: December 15, 2003 APPROVED FROM: Parks & Recreation Director, Randy Schwartz BY (650)558-7307 / SU RJECT: RESOLUTION AWARDING CONTRACT TO COMMUNITY PLAYGROUNDS, INC. TO PROVIDE PLAYGROUND RENOVATIONS TO THE CHILDREN'S PLAYGROUND AT WASHINGTON PARK - CITY PROJECT NO 80970 RECOMMENDATION: It is recommended that Council approve the attached resolution awarding the subject work to Community Playgrounds, Inc. of Novato, California in the amount of $ 148,946.00. BACKGROUND: The City of Burlingame has been engaged in a program to upgrade its children' s playgrounds to bring them into compliance with current regulations concerning accessibility and product safety. The Washington Park Playground is the facility currently designated for upgrade. In January 2003 a Playground Committee composed of Parks & Recreation Commissioners, Staff, and a neighborhood resident was formed to create requirements for replacement play equipment. It was stipulated that the current hardscape would be retained. The Committee arrived at consensus on desirable playground elements, and a Request for Proposal was drafted based upon the Committee' s work. Three proposals were received. Representatives from the respective companies presented their proposals for equipment and configuration to the Committee, which selected the proposal submitted by Ross Recreation. A Purchase Order was issued to Ross Recreation for the equipment. Direct purchase from the vendor reduces total project costs. A landscape architect was then secured to draft construction documents. The construction will involve drainage improvements, raising the play equipment area to ground level to meet accessibility requirements, installation of the play equipment, and installation of accessible resilient surfacing. The construction documents were completed and put out to bid. The architect's estimate was $ 181 ,000 for the construction costs. Four bids were received. The low bid was $148,946 from Community Playgrounds of Novato. Community Playgrounds has worked extensively in the Bay Area. Ross Recreation, the equipment vendor, has successfully completed several projects in partnership with Community Playgrounds. A check of several supplied references resulted in glowing recommendations for the firm. Bids received were as follows: 1 . Community Playgrounds, Inc. $1489946 2. Scapes, Inc. 1517400 3 . Bellicitti & Pellicciotti 170,690 4. J.W. Riley & Son 197,000 It is anticipated that the project will be completed by early March 2004 in time for heavy spring use. BUDGET IMPACT: This project has been approved for$92,618.00 in state bond funding under Proposition 12. The balance of the project will be funded from the general fund. There are adequate funds to complete the project. The project was authorized as follows: Project Authorization: 1. Professional Services 16,000 2. Play Equipment 74,000 3. Construction 180,000 TOTAL AUTHORIZATION 270,000 Project Funding: 1. Proposition 12 bond funding 92,618 2. General Fund 177,312 TOTAL FUNDING 270,000 Successful completion of the project by Community Playgrounds, Inc. will result in the project being completed significantly under budget, reducing the impact on the General Fund. It is anticipated that the project will be completed by early March in time for heavy spring use. EXHIBITS: Playbooster/Playshaper Drawing Attachment: Resolution 30'�i SAND AREA I ry 150 SQ.FT. e IPEM/� CERTIFIED' ANES JL � aasiWflew. 716 NAY AREA k muAmrt GM01 FO AMS 4-12 ymW �f �• 1. w 71411 PW AIR MES WfMTo ' I s• /� �� f�J 16 ADA/CCf55Wt11Y WAm mm 1 DAD `,! • �'`__'` 716 fACMW AIA WW W=Q7 f^� ``Y 6711WVWx"Aw m ua Pmm m as \ NCl�Wsl�w�nG9asW1[im .116 ! ` �muWs Wu mlWnus Mm 43'-9 AA WNI7AAE mummW WAmmO i EWIIRFO,k UW@]1 W 71E f7VAL OF90N. � '/ PI&g YE1WT NL 61EN".AXS Q PLAY • � .�.. I �l�OWEMg7WIL MNI tOG110W aP SIE FlIRW96PWW7 m � o � OMM A PNCITEM E SAt7bm0 WEM& W HAS A Qe IX HMff WM6 '� 'L �! ' IR�IICf YIFF]Y�IA6ARN{ Sm101 10: FAM 9dF5 WW EMNOf s m60 wn T _ ! 716 WHIM m TW AOA ACCMIM UARM TWE IItE E CRUM IAM M ACDF RWEEME SA6/aRC. a;F R 7 7 ff WYRi7C11Aa 6 FUM MR 716 AAa51W MUM(m LmWW6 m C`' ----- /`F mL aaF Nam 4 cKw m V. 54'-5" ( Mr- jw a `�1 • A'all" DE51(31m BY: AL CDH `.� ,�• cwvn l-.im 7k arm L msm mRMCN69,WC. Na ReMtlon/1•w OAN QUOTE #28108A1 (PLAYSHAPER, INDEPENDENTS) \ V QUOTE #28108A2 (PLAYBOOSTER) e TOTAL ELEVATED PLAY COMPONENTS 10 1 7�-8n LT,0TlAL ELEVATED PLAY COMPONENTS 15 �NQSCAPG TOTAL ELEVATED COMPONENTS ACCESSIBLE BY RAMP 0 REQUIRED 0 ELEVATED COMPONENTS ACCESSIBLE BY RAMP 0 RE UIRED 0 INC ELEVATED COMPONENTS ACCESSIBLE BY TRANSFER 8 REQUIRED 8 ALACCESSIBLE GROUND LEVEL COMPONENTS SHOWN 5 REQUIRED 5AL DIFFERENT TYPES OF GROUND LEVEL COMPONENTS 4 REQUIRED 3 ,k,W S1S7EA1 TYPE Ef- �FASHINGTON PLAYBOOSTER LAYSHAPERPARKROSS RECREATIONa au BURUNGAME, CA JON HAWDEN DRAW1Nc;: _ 281,08 RESOLUTION NO. AWARDING CONTRACT - WASHINGTON PARK PLAY AREA RENOVATION CITY PROJECT #80970 RESOLVED, by the CITY COUNCIL of the CITY OF BURLINGAME, that; WHEREAS, the City Council has authorized an invitation for bids for the WASHINGTON PARK PLAY AREA RENOVATION - CITY PROJECT #80970 and WHEREAS, on December 8, 2003, all bids received were opened before the Parks Superintendent and the Administrative Secretary of the Parks Division; and WHEREAS, COMMUNITY PLAYGROUNDS,INC., submitted the lowest bid for the job in the amount of$148,946,- NOW, 148,946;NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the bid of COMMUNITY PLAYGROUNDS, INC. for said amount of$148,946 be and the same is hereby accepted. BE IT FURTHER RESOLVED,that a contract be entered into between the successful bidder hereinabove referred to and the City of Burlingame for the performance of said work, and that the City Manager be, and he hereby is authorized for and on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor and materials bond required to be furnished by the contractor. 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 5`' day of January, 2004, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK STAFF REPORT BURUNGAME AGENDA 9f ITEM# • MTG. O��NATEO JUNE 6,9O DATE January 5,2003 To: HONORABLE MAYOR AND CITY COUNCIL SUBMITT ' BY DATE: January 5, 2003 APPR - FROM: Jesus Nava Finance Director/Treasurer BY 558-7222 SUBJECT: Amendments to the Cable System Franchise Agreement with RCN Telecom Services Inc. RECOMMENDATION: That the City Council approve the proposed amendments to the Cable System Franchise Agreement Between the City of Burlingame and RCN Telecom Services, Inc. BACKGROUND: The City of Burlingame approved the current cable television franchise agreement in August 2000. The term of the franchise is eleven (11) years. The franchise is currently in its third year. The franchise currently requires RCN to complete its build-out in six years. RCN was obligated to complete 35 nodes by the end of the second year. Each node services approximately 143 homes. To date, RCN has substantially complied with its second year construction requirements by activating 32 nodes within the Burlingame service area. In July, RCN informed the city that due to the economic downturn and the unavailability of funding through the capital markets, RCN did not have the funds to continue the system build-out. Consequently they would be unable to fulfill their third year construction obligation and would be subject to liquated damages for material breach of the franchise. RCN requested a delay in the construction obligations outlined in the franchise. The City believes that a three-year suspension of the construction schedule will provide the company an opportunity to regain its financial footing. Continuing the RCN franchise is in the City's interest because it provides its citizens with an alternative, competing cable system. RCN is committed and continues to provide telecom services in Burlingame. Over the last five months, City staff has met with RCN representatives to negotiate amendments to the franchise. The proposed amendments to the franchise are outlined in Attachment A. Attachments: A. Amendments To The Cable System Franchise Agreement Between The City Of Burlingame And RCN Telecom Services, Inc. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AMENDMENTS TO CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND RCN TELECOM SERVICE OF CALIFORNIA, INC. (NOW RCN TELECOM SERICES, INC.) RESOLVED, by the City Council of the City of Burlingame: WHEREAS, RCN Telecom Service of California, Inc. (RCN of California) was granted a franchise to operate a cable television franchise pursuant to Chapter 6.48 of the Burlingame Municipal Code in 1999; and WHEREAS, RCN of California is now changing its name to RCN Telecom Services, Inc. (RCN); and WHEREAS,RCN has not been able to obtain the capital funding commitments to continue build out in the City and has asked to City to extend its obligations to complete the system; and WHEREAS, this delay will allow RCN to seek additional funding while continuing to provide service to a number of customers in the City, does hereby resolve, determine, and find as follows: NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 1. The amendments to the cable television franchise agreement with RCN contained in Exhibit A hereto is approved. 2. The Finance Director is authorized and directed to execute the Agreement by and on behalf of the City, and the City Clerk is authorized and directed to witness the signature of the City Manager. 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 , 2003, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk C:\FILES\RESO\rcnfranchise.fin.wpd Attachment A. AMENDMENT NO. 1 TO THE CABLE SYSTEM FRANCHISE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND RCN TELECOM SERVICES, INC. This Amendment No. 1 is entered into this day of ,by and between the City of Burlingame ("City") and RCN Telecom Services, Inc. ("RCN") as an amendment to the Franchise Agreement between the City and RCN Telecom Services of California, Inc. dated August 7, 2000 ("Franchise Agreement"): 1. The Franchise Agreement shall be amended to reflect the name change from RCN Telecom Services of California, Inc. to RCN Telecom Services, Inc. 2. The City of Burlingame shall suspend RCN's node activation obligations as outlined in Exhibit B of the Franchise Agreement (dated August 7, 2000) for a period of three (3) years from the effective date of this amendment. 3. The parties agree that the actual number of nodes that have been activated as of the date of this agreement shall be 32 nodes. This number shall serve as the starting point for counting and crediting future nodes to be activated. 4. At the end of the three (3) year suspension period, RCN shall resume construction obligations of the system. However, nothing in this agreement shall prevent the Parties from meeting and negotiating in good faith either(i) to modify the construction obligations or(ii) to further suspend RCN's construction obligations under the Franchise Agreement. In any event RCN is required to complete the activation and construction of the entire franchise area by August 7, 2011. 5. If RCN resumes construction and activates an additional 30 nodes by December 30, 2008, then the term of the Franchise Agreement and the requirement to complete construction and activation of the entire franchise area shall each be extended by four(4) years. Under this scenario, the franchise term would be fifteen years. The activation of 30 additional nodes would serve to make RCN's telecommunications services available to an additional 4,290 homes in the Burlingame Service area. 6. During the suspension period, RCN shall have the right to operate its existing Cable System in the City pursuant to the terms of the Franchise Agreement and to undertake additional construction and node activation pursuant to the terms of the Franchise Agreement. 7. During the suspension period, RCN will be released from any and all claims arising out of RCN's failure to activate any nodes as outlined in the Franchise Agreement, including any and all rights to assess liquidated damages or other penalties for RCN's failure to activate such nodes. However, the City of Burlingame retains any and all rights to assess liquidated damages and other penalties for material violations of the Franchise Agreement not pertaining to the construction and activation of nodes. Page 1 8. Except as expressly amended by this Amendment No. 1, all other terms and conditions of the Franchise Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Burlingame and RCN Telecom Service, Inc. have executed this Amendment No. 1 to the Franchise Agreement. Jesus Nava Date Doug Schulz Date Finance Director/Treasurer RCN Vice-President/General Manager Page 2 CITY STAFF REPORT BURIJNGAME AGENDAITEM# 9g DATE 1/5/04 To: HONORABLE MAYOR AND CITY COUNCIL BY TED Cf DATE: December 29, 2003 APP I Om: Parks& Recreation Director (558-7307) BY SUBJECT: APPROVAL OF RESOLUTION TO APPROVE AGREEMENT WITH CALIFORNIA ARTISTS TO CONDUCT A PORTION OF ART IN THE PARK RECOMMENDATION: It is recommended that the City Council approve the attached agreement with California Artists to conduct a portion of Art in the Park. BACKGROUND: The City, in an effort to maintain the level of recreational opportunities to the community with reduced Recreation Division staffing levels, sent out a Request for Proposals for the operation of Art in the Park. Three proposals were received and each proposer interviewed by Division staff. California Artists has proposed providing all services related to artists. Examples of these duties includes solicitation of artists,jurying of work, allocation of booth space, marking spaces, issuing parking permits and the items to be handled during the event. This proposal would save staff 300 to 400 hours of time annually, while realizing at least the same revenue as in previous years. As spelled out in the attached agreement, California Artists would pay the City $5,000 for marketing the event, plus a fee per booth space. Space has been guaranteed for up to ten Burlingame resident artists at $175 each, with the remaining booths being charged$200 each. Under this agreement, the City will still be in charge of the majority of the event, such as marketing, food and information booths, entertainment, security and basic logistics. The City is currently in negotiation with the Burlingame Rotary Club on a number of these items and may soon have an agreement before Council. BUDGET IMPACT: Under this agreement,the City will realize at least as much revenue as in past years and may receive up to $10,000 in additional profit, depending upon the number of booth spaces that can be located onto the site for the event. ATTACHMENTS: 1. Resolution 2. Agreement between City and California Artists RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AWARDING CONTRACT FOR CONSULTANT SERVICES FOR ART IN THE PARK AND APPROVING AGREEMENT FOR SERVICES RESOLVED,by the City Council of the City of Burlingame: WHEREAS,the City prepared and issued a request for proposals for a vendor to organize and manage the City's annual Art in the Park; and WHEREAS,the process resulted in a variety of submittals, which were then reviewed and interviewed; and WHEREAS,based on experience, responsiveness to the request for proposals and interview, and pricing structure, California Artists appears to be best-suited to the needs of the City for these services, NOW, THEREFORE,IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to execute the Agreement with California Artists as contained in Exhibit A hereto. 2. The Clerk is directed to attest to the signature of the Manager. 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 FOR CONTRACTOR SERVICES TO OPERATE THE 2004 ART IN THE PARK FAIRE THIS AGREEMENT is entered into this day of , 2004, by and between the City of Burlingame, State of California, herein called the "City", and CALIFORNIA ARTISTS, herein called the "Contractor", to provide services during the 2004 Art in the Park Faire. RECITALS A. The City is considering undertaking activities to operate the 2004 Art in the Park Faire (FAIRE)in Washington Park, Burlingame. B. The City desires to engage Contractor to provide services associated with all aspects related to the coordination of artists for the FAIRE,because of Contractor's experience and qualifications to perform the desired work. C. The Contractor represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. A. The Contractor shall provide the following services: All aspects related to the coordination for the sales of craft items for the Faire. This includes solicitation of potential artists,jurying application, assigning and marking booth spaces, collection of fees, staffing Faire booth, distribution of artists' parking permits, ensuring proper set-up and take-down, and other related duties. Information and Food booths will be coordinated either by the City or another contractor to the City, but are not included in this agreement. B. The City shall provide for the following services: For and in consideration of the money to be paid by California Artists, as set forth in section 6 hereof, City shall provide a comprehensive, multi-media advertising campaign including radio, television and newspaper advertising, full public relations press campaign, local posters, security, plus area clean up and other incidental services needed to insure a successful festival. City may, in its sole discretion, perform said services itself or contract with others to provide all or portions of said services. Advertising campaign shall be at least equal in scope to that of previous Art in the Park Faires. 2. Time of Performance. The services of the Contractor are to commence upon the execution of this Agreement. The event shall take place during the weekend of June 12 and 13, 2004. 3. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents Page 1 of 6 and warrants to City that it has all licenses,permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. Contractor shall maintain a City of Burlingame business license. 4. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public,and the Contractor shall not make any of the these documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Contractor pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Contractor in connection with other projects shall be solely at City's risk, unless Contractor expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Contractor which is and has been confirmed in writing by Contractor to be a trade secret of Contractor. 5a. Reservation for Local Artists and Craftspeople. Contractor shall reserve at least ten 10 foot by 10 foot spaces for local artists and craftspeople. However, if local artists or craftspeople have not requested all of these ten spaces before May 15, 2004, the Contractor may rent the unrequested spaces to out-of-town artists and craftspeople. For purposes of this Agreement, "local artists and craftspeople" means those currently residing in Burlingame; and "out-of-town artists and craftspeople" means a person who is not a local artist or craftsperson. 6. Compensation. A. The Contractor guarantees that at least 154 spaces will be rented, and will pay the City the greater of a total of$30,500 ($200 X 144 out-of-town spaces+ $175 X 10 local spaces) or the actual payments calculated pursuant to the following: (1) $200 for each 10 foot by 10 foot arts and crafts space rented to an out-of-town artist or craftsperson; and (2) $175 for each 10 foot by 10 foot arts and crafts space rented to a local artist or craftsperson. B. In addition to the payment provided in Subsection(A) above, Contractor shall pay the City $5,000 for use in marketing of the Faire that is at least equal in scope and extent to marketing made by the City in previous Art in the Park Faires. Page 2 of 6 C. On June 5, 2004, Contractor shall pay the City an amount equal to the amount due from the rental of one-half of all spaces that have been rented for the Faire as of that date. No later than June 20, 2004, the Contractor shall provide a written accounting of all spaces rented and pay the City for the balance due under subsections(A)and(B) above. 7. Availability of Records. Contractor shall maintain the records supporting these payments for not less than one(1)year following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Contractor for the work under this Agreement shall be Nancie Allie. 9. Assi ng ability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Contractor. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Parks and Recreation Director 850 Burlingame Avenue Burlingame, CA 94010 To Contractor: California Artists P.O. Box 1963 Burlingame, CA 94011 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 11. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Contractor agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Contractor shall be compensated for its costs and expenses in preparing for,traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Contractor or is based on allegations of Contractor's negligent performance or wrongdoing. Page 3 of 6 12. Conflict of Interest. Contractor understands that its professional responsibilities is solely to the City. The Contractor has and shall not obtain any holding or interest within the City of Burlingame. Contractor has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Contractor warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Contractor shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Contractor discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Contractor shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Contractor nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry,physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment&Housing Act. 14. Insurance. A. Minimum Scope of Insurance: i. Contractor agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars($1,000,000)combined single limit per occurrence for bodily injury, personal injury and property damage in a forme at least as broad as ISO"Occurrence"Form CG 0001. ii. Contractor agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of Contractor, premises Page 4 of 6 owned or used by the Contractor. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. ii. The Contractor's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Contractor shall have and maintain Workers' Compensation insurance as required by California law. Further, Contractor shall ensure that all subcontractors employed by Contractor provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII and authorized to do business in the State of California. F. Verification of Coverage. Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law,the Contractor shall save, keep and hold harmless indemnify and defend the City, its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees,that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subContractor. This provision Page 5 of 6 shall not apply if the damage or injury is caused by the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo or Santa Clara. 18. Termination of Agreement. In addition to any other rights the City may have to terminate this Agreement,the City may also terminate this Agreement if 1)the Contractor fails to pay the City the amount due on June 5, 2004, under Subsection 6(C) above,by 5:OOpm on June 5, 2004; or 2)the Contractor fails to provide a verified list of at least 120 artists who have registered and paid to participate in the Faire to the City by 5 p.m. on May 1, 2004. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. 20. Disputes. In any dispute over any aspect of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed$7,500 in total. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Contractor. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date indicated on page one (1). City of Burlingame Contractor By Print Name ATTEST: Title City Clerk Approved as to form: City Attorney Page 6 of 6 r' BURLINGAME PUBLIC LIBRARY Burlingame Public Library Board of Trustees Minutes R October 20, 2003 I. Call to Order President Catherine McCormack called the meeting to order at 4:30pm. II. Roll Call Trustees Present: Dave Carr-, Cecile Coar, Catherine McCormack, Mary Herman and Carol Rossi Staff Present: Al Escoffier, City Librarian Sidney Poland, Recorder III. Warrants and Special Funds The Trustees unanimously agreed to approve the warrants. M/S/C (Herman/McCormack) IV. Minutes The Trustees unanimously approved the minutes of the September 30, 2003 meeting. M/S/C (Rossi/Herman) V. Correspondence and Attachments Correspondence items are noted for discussion under Section VIII. and New Business Section IX. VI. From The Floor - None 48o Primrose Road•Burlingame•CA 94010-4o83 Phone (650) 558-7474'Fax(650) 342-6295 VII. Reports A. City Librarian's Report - Highlights of Report 1. Branch Closure - A public reception held on Sunday, September 28th marked the official closing of the Branch. Norcal Movers removed books and materials to storage on October 16th and 17f. On Saturday, October 25th a sale of furniture and other items, that will not be used in the renovated library, will be available for public purchase. 2. Collection Development Policy Review - The management staff is looking towards a policy change in how materials for the collection are purchased, marketed to the patrons and displayed. The purpose of this change is to increase the circulation. For example, more copies of a popular title would be purchased in order to decrease the size of the hold list. On the other hand fewer titles would be purchased. Trustee Rossi suggested increasing the rental collection; Trustee Herman recommended making this collection a high profile item. B. Foundation Report - Carol Rossi 1. Brochure - The brochure has gone to the printer. 2. Newsletter - Newsletter is scheduled to be mailed the first part of December. 3. Employee Recognition Dinner - The date will definitely be December 7th. The place is yet to be determined but should be confirmed by the end of this week. VIII. Unfinished Business - A. Easton Project Status - Eleven responsive bids were received for the project with a range in cost from the low of $794,000 to the high of$1,200,000. The lowest responsive bidder was D.L. Falk who has previously worked with our architect Hal Brandes on the Village Park project. The second lowest bidder, Kin Wo Construction, Inc is protesting the D.L. Falk bid on the basis that D. L. Falk made errors in its bid submission. The bid from D. L. Falk will be presented to the City Council on Monday October 20, 2003 for approval together with a request to reject the bid protest of Kin Wo Construction, Inc. B. Employee Achievement Awards - Trustees Coar and McCormack requested that a reminder be sent to staff regarding the deadline for award nominations. Library Board of Trustee Minutes 2 October 20,2003 IX. New Business A. Easton Request from Duncan Trust - The City Librarian requested that the Trustees approve an additional $27,000 from the Duncan Trust through the Peninsula Community Foundation. This amount would cover a shortfall in the funds allocated for the project caused by an accounting error in the Marshall Trust of $100,000 by the City Finance Department. 1. Duncan Trust Balance - The total request from the Duncan Trust would be $177,000; 150,000 of which the Trustees had previously approved at their July 15, 2003 meeting. If the $27,000 request is approved, the remaining balance for grants is approximately $150,000. Interest will accrue on the principal of $518,000. 2. Trustee Action - Trustee Rossi suggested that the $27,000 shortfall be taken from the Trustees' Account rather than the Duncan Trust. The Trustees unanimously passed a motion to fund the Easton shortfall of$27,000 from the Library Trustees' Account. M/S/C Herman/Carr X. Announcements President McCormack noted that she would most likely be unable to attend the November Trustees' meeting. XI. Adjournment The meeting was adjourned at 5:45pm. M/S/C (Rossi\Carr) The next meeting of the Library Trustees will be held November 18, 2003 at 4:30pm in the Library Conference Room. Respectfully Submitted, Alfred H. Escoffier City Librarian Library Board of Trustee Minutes 3 October 20,2003 BURLINGAME PUBLIC LIBRARY Burlingame Public Library Board of Trustees Minutes November 18, 2003 I. Call to Order Secretary Cecile Coar called the meeting to order at 4:30pm. II. Roll Call Trustees Present: Dave Carr, Cecile Coar, Mary Herman Trustees Absent: Catherine McCormack, Carol Rossi Staff Present: Al Escoffier, City Librarian Sidney Poland, Recorder III. Warrants and Special Funds The Trustees unanimously agreed to approve the warrants. M/S/C (Herman/Carr) IV. Minutes The Trustees unanimously approved the minutes of the October 20, 2003 meeting. M/S/C (Herman/Carr) V. Correspondence and Attachments A. Status of Accounts - The Friends of the Burlingame Library have officially been dissolved. The City Librarian noted that the President of the Friends, Shirley Robertson, will present a check, representing the balance of their funds, to the Library at the Staff Appreciation Dinner December 7, 2003. , B Monthly Statistics - The statistics for September and October were reviewed; October circulation statistics showed an increase of 20% from September figures even with Easton being closed for remodel. VI. From The Floor - None 48o Primrose Road•Burlingame•CA 94010-4o83 Phone (650) 558-7474'Fax(650) 342-6295 VII. Reports A. City Librarian's Report - Highlights of Report 1 . Budget - The City Librarian has been instructed by the City Manager to prepare a budget for the 2004-2005 library budget with cuts ranging in the areas of 5%, 10% and 15%. a. Four budget meetings will be held with library staff to obtain their input regarding what services can be cut, reduced or eliminated. b. At the staff meeting December 12th, Bob Bell, Human Resource Director, will answer staff questions regarding budget issues. C. A budget session will be held by the City Manager and Council on January 24th at the library. The meeting is open to employees and the public. d. Final budget for the City will be presented to Council in February for approval 2. New Council Member - Terry Nagel will be invited to attend an orientation of the library on Tuesday, December 16th at 3:00pm. 3. Holiday Event - The Peninsula Girls Chorus will perform in the library foyer after the annual Christmas tree lighting at City Hall on Friday, December 6th. B. Foundation Report - Carol Rossi 1 . Newsletter - Newsletter is scheduled to be mailed the first part of December. 2. Employee Recognition Dinner - Invitations to the event have been sent to all library employees; seventy acceptances have been received. VIII. Unfinished Business - A. Easton Project Status - A utility fence has been placed around the site; no demolition activity has begun. B. Employee Achievement Awards - Trustee Coar noted that three staff members have been selected to receive the awards. IX. New Business - Update on budget planning for the year 2004 - 2005 was presented during the Correspondence and Attachments discussion. X. Announcements Library Board of Trustee Minutes 2 November 18, 2003 XI. Adiournment The meeting was adjourned at 5:45pm. M/S/C (Herman\Carr) The next meeting of the Library Trustees will be held December 16, 2003 at 4:30pm in the Library Conference Room. Respectfully Submitted, dyze,ql� Alfred H. Escoffier City Librarian Library Board of Trustee Minutes 3 November 18, 2003 BURLINGAME BEAUTIFICATION COMMISSION DECEMBER 8,2003 The regularly scheduled meeting of the Beautification Commission was called to order at 5:30 p.m. by Chairperson Hesselgren. ROLL CALL Present: Chairperson Hesselgren, Carney, Ellis, Grandcolas, Lauder, McQuaide, and Webb Staff: Director Schwartz, Parks Superintendent Richmond, Arborist Porter, and Administrative Secretary Harvey MINUTES Minutes were corrected to read under NEW BUSINESS (Para. 2) . . . "Commissioner Locke asked Arborist Porter about the remaining life span of this Oak tree? Arborist Porter responded that the life span of this CoastLive Oak is about SO more years. "And,under REPORTS-Commissioner Lauder. . . "Commissioner Lauder thanked Commissioner Locke and has enjoyed working with her on the Commission. " Minutes were approved as corrected. CORRESPONDENCE Letter from Superintendent Richmond to Commissioner Locke thanking her for her service on the Beautification Commission. Copy of Important Information About Trees in the City of Burlingame to be placed on the back page of the Spring Recreation Brochure. Letter from Teresa Ruvalcaba, 1360 Drake Avenue, appealing the denial for removal of a private Cedar tree at her address. Copy of Proclamation honoring Doug Gettel recognizing his time and service in updating the Washington Park Tree map. FROM THE FLOOR- (None) OLD BUSINESS SSyrinL Garden Seminar - March 20' - 9.30 am - 11.00 am - Commissioner Carney confirmed that Alane O'Reilly Weber has agreed to speak at this year's seminar on the topic of composting. Public Education Reearding Tree Practices & Policies - Chairperson Hesselgren asked that this item be continued to the next agenda because the committee had not had yet convened. NEW BUSINESS Appeal of Denial of Request for Removal of a Private Cedar Tree na 1360 Drake Avenue - Chairperson Hesselgren noted that the appellants were not present. Commissioner Ellis commented that while she was inspecting the site, the appellant told her that he would not be present because he would be meeting with an electrician at the same time of the Commission meeting. Superintendent Richmond noted that the new commissioners would be abstaining from voting on this item. He then briefly explained to the new commissioners the issues, elements and the processes involved when appeals for tree removals are brought before the Commission. Arborist Porter stated that the application for removal of the Cedar tree was denied because it is a beautiful, healthy,mature tree and the reasons cited by the applicant did not meet the criteria for approval. He added that there was no evidence that the mold and the cracks in the house are being caused by the tree. Based on his inspection he concluded that, with regular pruning of the tree and cleaning of the roof and gutters, much of the applicant's concerns could be mitigated. Superintendent Richmond confirmed and Arborist Porter agreed that there were no exposed roots nor additional reports submitted that indicated the tree was the cause of the damage to the house. 1 Appeal of Denial of Request for Removal of a Private Cedar Tree(cry 1360 Drake Avenue- (Cont'd.) - Chairperson Hesselgren noted that mold grows with moisture and water and the moisture would be coming from leaks, not from the shade of the tree. Commissioner Ellis stated that she observed mold in the entry,but not in the closet which is in the same room,and that,the appellant told her that the tar and gravel roof had been repaired with asphalt. She also stated that she did not notice significant damage to the driveway or the house. Commissioner Grandcolas reported that he observed that the tree had not been trimmed in many years and some branches were close to the house. He asked Arborist Porter if the appellant had stated reasons why he would not consider pruning the tree as opposed to removal? Arborist Porter responded that the appellant did not address that issue. The Commission discussed possible root pruning. Arborist Porter commented that roots do not seek out a foundation and generally run along the top 18"of soil. He added any damage that might be caused by the roots from this tree could be easily pruned without causing any harm to the tree. Commissioner Webb asked how much bigger could the tree be expected to grow? Arborist Porter responded that the trunk would not grow any larger;but,the canopy would increase in size. He added,that reducing the crown by one-third and then routinely trimming the tree every fours years would be an adequate maintenance schedule for this tree. Following the discussion,Commissioner Ellis moved that the denial for the removal of the Cedar tree at 1360 Drake Avenue be upheld based on the findings of the City Arborist;seconded(Webb). Motion carried 5 - 0 -2 (Abstentions/Grandcolas and McQuaide). Cancellation of January 1, 2004 Commission Meeting - Because there were no pending appeals, the Commission unanimously agreed to cancel the January 1, 2004 meeting due to the holiday. Chairperson Hesselgren asked the new commissioners to introduce themselves. Commissioner Grandcolas introduced himself and stated that he is from Indiana and has lived in the City of Burlingame for 14 years. He added that it was the trees that drew him to this community,he loves Burlingame, and wants to contribute to Burlingame. Commissioner McQuaide introduced herself and stated that she has been a resident of Burlingame for 35 years. She believes that her degree in horticulture and owning her own business can be helpful to the Commission. Chairperson Hesselgren excused herself and Vice-Chair Carney chaired the remainder of the meeting. REPORTS -Superintendent Richmond - 1. Selection period for late Winter planting has closed. 2. Tree Crew will begin Sycamore pruning is this year's designated section very soon. The section is West of Vancouver to Alvarado between Easton and Adeline;and Edgehill to Mills between California Drive and ECR. 3. Discussions between the City and SFPUC continue regarding the proposed removal of the Eucalyptus grove west of Skyline at Margarita. There is a current temporary delay. Arborist Porter added that the SFPUC will come back in the Spring or Summer with a report;however,the removal plan will begin in October and replanting will occur. SFPUC has made it clear that they will not do any"phasing"of the project. 4. Welcomed the new Commissioners,Leslie McQuaide and Mark Grandcolas,and stated the Commission now has a full roster for the first time since the summer. An item to review the ordinances that affect the work of the Commission, general practices and policies, and formulation of motions and the sequences of hearings will be placed on a future agenda. 2 REPORTS - (Cont'd.) - Commissioner Grandcolas -Asked the status of the removal of the Eucalyptus trees on El Camino? Arborist Porter stated that 12 to 13 Eucalyptus trees have been approved for removal due to decay. He has reviewed all the test results and all look accurate. Director Schwartz stated CalTrans has agreed to plant replacement trees for all removals and that a group consisting of CalTrans representatives, City representatives, and Community representatives are looking at alternative species for tree replacement on El Camino. Superintendent Richmond stated that Jennifer Pfaff from the Historical Society has interest in replacing the Eucalyptus trees with Elms, since John McLaren's original intent was to line the El Camino with Elms. (The fast growing Eucalyptus trees were only planted to protect the young Elms as they grew). Commissioner Ellis asked if the Beautification Commission could also be part of the process? Superintendent Richmond stated he would communicate the Commission's interest to Jennifer and invite her to speak to the Commission. Commissioner Lauder - Commissioner Lauder reported that she attended the Council meeting regarding the SFPUC tree removals West of Skyline and commented that she was impressed by how many people came to speak to the issue. She noted that the SFPUC planned to use growth regulators following the tree removals but because there is some concern that the creeks could be affected, so revisions to that plan may be reconsidered. Commissioner Webb - Commissioner Webb stated that residents in his neighborhood received a flyer that McKinley School would be raising the cyclone fences and asked which department would handle that issue. Superintendent Richmond stated that perhaps the Planning Department or the Building Department would have information regarding that project. Commissioner Webb asked if former Commissioner McGowan left any information regarding the Shoreline discussions? Superintendent Richmond commented that Commissioner McGowan frequently reported on the status ofthose meetings and encouraged Commissioner Webb to review past Beautification Commission minutes. He added that he would try to find out the current status of any upcoming meetings regarding the Shoreline Master Plan. Commissioner Webb asked about the status of the Northern end of Burlingame and what kind of a community is going to be built? Superintendent Richmond said former Commissioner Locke had been attending those meetings and often gave updates to the Commission. Commissioner Lauder stated the last meeting that she attended,the discussion evolved around putting buildings or apartments near the Plaza at either corner,but there were many objections to that idea. Commissioner Lauder was unsure when the next meeting would be,but would inform Commissioner Webb of the neat meeting if he wished to attend. Commissioner Carney-Commissioner Carney welcomed the new Commissioners and reported that she noticed a baby swing in a City tree on Plymouth Way, but she was not sure if it had been permanently attached. Superintendent Richmond noted that the ordinance specifically states that nothing is to be attached to the City trees. Commissioner Carney will contact the Parks office with the address so a warning notice can be sent to the property owner. Commissioner Grandcolas-Commissioner Grandcolas asked how one would find out about a Master Plan for El Camino,that with sidewalk replacements and other work being planned on El Camino, undergrounding the power lines should be part ofthe overall plan. Superintendent Richmond responded that there have been ongoing discussions between CalTrans,the City Attorney's Office,the City's Engineering&Public Works Departments, and the City's Arborist with regard to many different elements and issues on El Camino. There being no further business,the meeting was adjourned be Vice-Chair Carney at 6:45 p.m. Respectfully submitted, Karlen arvey Recording Secretary 3 CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA December 8, 2003 Council Chambers I. CALL TO ORDER Chair Bojues called the December 8, 2003,regular meeting of the Planning Commission to order at 7:05 p.m. II. ROLL CALL Present: Commissioners Auran, Bojues, Brownrigg, Keighran, Keele, Osterling and Vistica Absent: Commissioners: None Staff Present: City Planner,Margaret Monroe; Planner,Ruben Hurin; City Attorney, Larry Anderson. III. MINUTES The minutes of the November 24, 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 There were no public comments. VI. STUDY ITEMS There are no study items for review. 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. 1. ADOPT PLANNING COMMISSION CALENDAR FOR 2004,Proiect Planner Margaret Monroe Chair Bojues asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. C. Auran moved for approval of the consent calendar based on the facts in the staff report, commissioners comments and the findings in the staff report by resolution. Comment on the motion: Commissioner noted that because there are concerns about the City's budget, should the Commission consider foregoing the Commissioner's dinner? Commission noted that it understands that there are concerns with the budget,but the Commissioner's dinner is a great opportunity to encourage people to join the Planning Commission, this is the only time to thank those on all the City's Commissions for their hard work,would not like to take that away;consensus on the Commission is to have the dinner; should leave it up to the City Council to considering canceling the dinner. The motion was seconded by C. Osterling. Chair called for a voice vote on the motion and it passed 7-0. City of Burlingame Planning Commission Unapproved Minutes December 8,2003 VIII. DESIGN REVIEW STUDY ITEMS 2. 1605 SANCHEZ AVENUE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW, SIDE SETBACK VARIANCE AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A NEW TWO-STORY SINGLE FAMILY DWELLING (GAIRD SCHLESINGER, APPLICANT AND PROPERTY OWNER; WILLIAMSON CHAVEZ DESIGN, DESIGNER) (71 NOTICED) PROJECT PLANNER: CATHERINE BARBER Plr Hurin briefly presented the project description. There were no questions of staff. Chair Bc jues opened the public comment. Gaird Schlesigner,applicant and property owner,was present to answer questions. The Planning Commission asked about the proposed plate heights for the new house. Applicant noted that a 10-foot plate height is proposed on the first floor and a 9-foot plate height is proposed on the second floor. Commission asked the applicant to explain the hardship for the side setback variance. Applicant noted that there are no exceptional circumstances on the property for this request, originally thought it was a special permit. Commission noted that panels are proposed on the front elevation below the porch and asked why is the first floor so high above adjacent grade? Applicant noted that the intent was not to build a slab-on-grade foundation, would like to have steps up to the porch. Commission asked if the applicant considered adding dormers on the rear elevation to match the front elevation,would help to add more light into the rooms at the rear of the house. Applicant noted that the considered adding shed dormers at the rear of the house, but it would have caused the house to exceed the maximum allowable floor area ratio,the roof configuration would have to be adjusted and significant roof design changes would have to be made to the project to add dormers at the rear. Commission noted that the house could be made smaller to accommodate dormers at the rear. Commission asked if the applicant considered lowering the plate heights" -1 Applicant noted that it was considered,but decided to propose the current plate heights in order to preserve the high roofline consistent with the Craftsman design, lowering the plate heights will flatten the roofline. Continued Commission discussion: Commission noted that this project is off to a great start,nice Craftsman style, a few changes would make this project fit better into the neighborhood. The proposed roof pitch is over 7:12,roof pitch could be flattened to 5:12 or 6:12 and still be consistent with the Craftsman style; see no justification for the side setback variance,applicant needs to address. Commission noted a concern with the sides of the house, sides are very flat with the exception of the bay window, often see cantilevered bay windows in Craftsman style, would add interest in the design. Commission asked if the applicant was proposing to do anything to the existing garage; no. Commission suggested that the applicant consider adding some exterior details to the garage to reflect the proposed Craftsman design of the house,do not want to see a contrast in the design. Commission asked what the panels below the porch would be made of? Applicant noted that the panels would be painted wood. Commission asked why shingles are proposed on the front elevation only. Applicant noted that shingles are proposed on the front elevation because it would be too expensive to have shingles on all sides of the house,the front elevation is most visible from the street, and because the visible side of the house is screened by trees and shrubs. Commission noted that breaking up the mass along the wall on the driveway side would help,leave 12 feet between the house and property along the driveway side,could shift house and add articulation on the other side. Commission noted that the landscape plan is too plain,suggest increasing the number of trees and adding larger scale shrubs,tall shrubs should be continued out to the street: suggested Maytenus tree at rear is very root invasive,should consider using another tree; landscape plan should add more interest and should compliment the architecture of the house, landscape plan should be more creative to enhance the front elevation. 2 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 Lori Zimmerman, 1614 Forest View Avenue,Kim Utrata, 1609 Sanchez Avenue,expressed the following concerns:live behind the project site,concerned about potential loss of privacy and impacts from demolition and construction noise, house next door was just remodeled and had to live with 6 to 8 months of construction; concerned about noise during construction, City of Burlingame has a very liberal noise ordinance which allows construction seven days a week,can the City limit the construction hours so that this does not happen again. CA Anderson noted that there have been conditions placed on new houses to not allow construction on weekends; would appreciate limiting the hours of this construction; thought plans noted existing garage to be removed;no,existing garage will remain;have windows on right side of house, concerned that the value of her house will drop if side setback variance is granted,moving the house forward on the lot will reduce her view of open space on this property. Commission noted that the existing trees will provide a natural screen between the houses and that there will be a driveway along this side providing an additional 10 to 12 feet of separation;neighbor noted that there is no screening provided at the lower half of the trees,will still see through tree trunks from the first floor level. There were no other comments from the floor and the public hearing was closed. The Planning Commission had the following comments and concerns with the proposal: • Concerned about 10 foot plate height on the first floor and 9 foot plate height on the second floor, strongly suggest reducing the plate heights,there are many Craftsman style houses with lower plate heights and flatter roof pitches, lower plate heights will reduce the visual mass; • Bottom plate height could be higher than top plate height,incorporate sloped ceiling on second floor to achieve lower second floor plate height; • See no justification for the side setback variance and special permits,variance should be eliminated, this is a new house on a flat lot,like the bay window for articulation, suggest bring in the side walls and adding cantilevered bay windows along the sides for articulation; • Incorporate shingle siding on all four sides of the house,can use a combination of shingle and wood siding,perhaps shingle below the first floor line; • Proposed roof pitch is over 7:12,roof pitch could be flattened to 5:12 or 6:12 and still be consistent with the Craftsman style, would help to reduce the overall height of the house; • Applicant could offer to limit the construction hours to address neighbors concern, staff should include limitation of construction hours as a condition of approval for this project; • Materials should be consistent throughout the exterior of the house; • Should consider cantilevering pieces, such as bay windows, to add articulation along the sides; • Add details to existing detached garage so that it is consistent with the proposed Craftsman style house, needs to blend in with the proposed architecture; • Commission noted that the landscape plan is too plain, suggest increasing the number of trees and adding larger scale shrubs, tall shrubs should be continued out to the street; landscape plan should add more interest and should compliment the architecture of the house,landscaping should be more creative to enhance the front elevation; • Proposed Maytenus tree at rear is very root invasive,should consider replacing with another species tree; and • Cassette tapes of the comments and suggestions are available to the applicant, want to make sure direction and suggestions are clear. 3 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 C.Keighran noted that the Commission has provided clear direction to the applicant and made a motion to place this item on the regular action calendar at a time when the requested revisions have been made and-1 checked by the Planning Department. This motion was seconded by C. Brownrigg. Chair Boju6s called for a voice vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 7:35 p.m. IX. 'REGULAR ACTION ITMES 3. 1401 CARLOS AVENUE—ZONED R-1-APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (RANDY GRANGE, TRG ARCHITECTS, APPLICANT AND ARCHITECT; JAMES AND MARY SHANNON, PROPERTY OWNERS) (58 NOTICED) PROJECT PLANNER: RUBEN HURIN C.Osterling recused himself because he lives within 500 feet of the subject property. He stepped down from the dias and left the Council Chambers. Reference staff report December 8, 2003, with attachments. Plr Hurin presented the report, reviewed criteria and staff comments. Twelve conditions were suggested for consideration. There were no questions of staff. Chair Boju6s opened the public hearing. Randy Grange, architect,was present to answer questions,noted that after the project was denied without prejudice the property owner came to him with the previously proposed plans and Commissions'concerns with the project,created a simplified plan,reduce the mass and height of the building,design of house matches the recently approved detached garage which has a clipper -� roof design. Commission thanked the property owner for addressing the Commission's comments ana making the corrections on the plans,complimented the architect for his work on the project. There were no further comments and the public hearing was closed. C.Vistica moved to approve the application,by resolution,with the following twelve conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 17, 2003, sheets A-1 through A-6, and that any changes to the footprint or floor area of the building shall require and amendment to this permit; 2) that any changes to the size or envelope of the first or second floors,which would include adding or enlarging a dormer(s),moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review; 3) that prior to final inspection,the applicant shall plant three new 18-inch box size Chinese Elm trees in the front yard as shown on the Site Plan,dated stamped November 17,2003;4)that prior to scheduling the framing inspection,the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans;if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department;5)that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details(trim materials,window type,etc.)to verify that the project has been built according to the approved Planning and Building plans; 6) that a licensed surveyor shall establish the second floor finished floor elevation of the new addition and provide certification of that height to the Building Department; 7)that prior to scheduling the roof deck inspection, a licensed surveyor shall establish the height of the roof ridge, and provide certification of that height to the Building Department; 8)that all air ducts,plumbing vents,ank 4 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 flues shall be combined,where possible,to a single termination and installed on the portions of the roof not visible from the street;and that these venting details shall be included and approved in the construction plans before a Building permit is issued;9) that the 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 Boju6s 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 Boju6s 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 Boju6s 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 Unapproved Minutes December 8, 2003 environmental issues raised during the public hearing process. No vote should be taken because the commission has already acted on the project and Final Environmental Impact Report. Commissioners asked if the consultant who prepared the report was present to answer questions,staff noted that the city was at the end of the money to prepare the environmental document, if the commissioners would like to pose any questions regarding the issues addressed,staff would get the answers to them before this item goes forward to the City Council; when can we ask such questions, after the public hearing; clarify that the City Council asked the commission to comment on the adequacy of this report, CA commented that the Council understands the Planning Commission's position on the project,would like comments on Supplement 2. Chair Bojues opened the public hearing noting that the commission would take testimony only on Supplement 2 to the Response to Comments document for the Safeway EIR. The Chair asked for a show of hands for the number of people who were therefor Safeway and wished to speak. Looking at the number he noted that each speaker would have five minutes for their comments. The following members of the public spoke: Dan Anderson, 1728 Vernon Way;Tom Payne,728 Concord Way;Carolyn Root, 1407 Montero;Rich Grogan, 1450 Columbus;Joseph Silber,Farringdon Lane; Jennifer Pfaff, 615 Bayswater; Charles Voltz,725 Vernon;John Root 1407 Montero; Jill Lauder,449 Bloomfield; Steven Hamilton, 105 Crescent. The comments noted the following issues: project does not address pedestrian flow to and from the site, entrance on El Camino makes it auto oriented, people have to walk around to get from downtown to front of the store, the project is not integrated into the downtown area, access to the site is limited to three locations,shoppers and pedestrians have to cross truck traffic at front of building and on Fox Plaza Lane.Problem with traffic on Howard causing back up of cars and trucks on site in front of the store making pedestrians weave through queued traffic to get to store; not integrated with downtown,pedestrians from Burlingame Avenue need to cross trucks on Fox Plaza Lane to get to store,or Primrose must cross a wider Fox Plaza Lane made even wider because of the angle caused by the off set for the diagonal parking added on Primrose. Report did not respond to the aesthetic criticism,reviewer noted aesthetics are subjective and therefore would not respond,Safeway will build and move on and residents will have to live with results, residents want something that will contribute to their quality of life; propose a "Disney-esque"arch way at El Camino and Howard,makes no contribution to the gateway to the city,the proposed building is a negative, visually exposed to a sea of parking, see the backs of the buildings on Burlingame Avenue now screened from view(a benefit now), and development is out of scale with all the surrounding buildings; we have a chance to restore the proper scale on this site,smaller facilities like on Primrose. Chair Boju6s noted that everyone could take the opportunity to submit additional comments in writing in the next couple of weeks if you feel that you need more than five minutes. Commission clarified that the EIR was prepared by a third party hired by the city, they have no affiliation with the Safeway corporation. CA confirmed this observation. Commissioner asked if the consulting firm was an extension of city staff. CA noted that was the case. Public Comments continue: concerned about Safeway regulating the hours of delivery themselves, should add a condition limiting truck deliveries to the site to given times; thought the analysis was weak because there was not enough time in the proposed hours of delivery to accommodate each of the trucks if they stayed for the average stay of 23 minutes; seems clear that a larger Safeway will result in an increase in the number of truck deliveries by the front door since the loading docks will not be available given the timing; important for the city to establish procedures now especially for trucks with more than 2 axels,regulation should have workable oversight and real penalties.Did not evaluate the traffic hazard created on Howard at Primrose with the signal at the intersection;show traffic delayed longer with signal would result on back ui 6 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 on Howard almost to El Camino, problem for north bound traffic conflict with those turning left into Safeway,queue would block access and the same on south bound El Camino Real on to Howard;the queue area is sufficiently short it will be blocked by one large truck. This issue was omitted from the report so should reject the Supplement 2. Chair pointed out that the Commission was not going to vote on the report this evening, only comment. Public Comments continue: air quality analysis is based on a model with particulate data from the nearest station which is in Redwood City, indicates no problem now but the Air Quality Board is going to change the limit of maximum allowed particulates of this smaller size and then the existing Redwood City data probably would be in violation;there is no data to confirm that the air quality at the Safeway site is similar to that in Redwood City, important that this is a 24 hour store, the report focused on the K-line method which in his opinion is too approximate an answer; diesel particulate has been recognized as a serious air pollutant for the young and elderly,should do on-site monitoring to assess current state. Commission asked where the monitors should be placed could they be off the site; does not matter, its not just the number or size of the vehicles it's the maintenance of each vehicle,which relates directly to the amount of particulate matter. Monitor could be placed on any second story that has access and available electricity;measurement is not expensive for total suspended particulate (larger material), take to lab to analyze sample, in case of smaller particles(ones of concern here)look at number per cubic foot of air. Commissioners asked if the air samples taken any where in the area would be the same,does it make a difference if the engines are running continuously,does it make a difference if the engines are large or small? Depends on profile,if the engine is tuned property at idle there would be no visible smoke,at acceleration it would need a different adjustment and there would be no problem; size of engine makes no difference it's the maintenance of the vehicle and combustion chamber. Public Comments continued: concerned about the relocation of Lot L,the response is that there would be a net loss of 18 parking spaces within 100 feet of Fox Mall and a net gain of 22 parking spaces within 300 feet which is an acceptable walking distance;feel that Safeway is hijacking Lot L,taking it over,the new public lot is not proximate to existing businesses, why should Burlingame consider, should ask for money to compensate the merchants and public;everyone uses the rear entrance of Fox Mall,if that were closed as the property owner suggested he would do if the loading docks were adjacent to the back of the mall, the real distance to parking would be 500 feet; people will have to walk the distance of two football fields; we should be encouraging pedestrian access. There is still the failure to include the seasonal parking demand analysis,it is key to establishing the cost of replacement parking and the impact of the project on the rest of Burlingame; the city downtown parking study notes a 20% increase in short term parking demand in the fourth quarter based on sales tax,they adjust the parking demand model accordingly,why does the EIR not do the same? Three reason not do seasonal adjustment: grocery and drug do not have the same seasonal variation; not use the peak of the peak demand for determining parking demand but average daily usage between October 1 and January 1 (which does not address the peak between Thanksgiving and New Years which is much higher 20 or 22 %); and most people go to the grocery store once a week and will just buy more at holiday season. There was no study, analysis to document these conclusions. Can do seasonal analysis with information readily available from Safeway based on one carper one transaction;no reason not address, City Council needs to know facts to determine value of mitigation for the additional 75 parking space deficit. Report all but dismisses the impact of the building mass, want more than "good enough"; Sequoia Station in Redwood City turned its back on downtown and are now learning from their mistake; Safeway may leave if they do not get what they want,we need to be prepared for that event;item 8 finds no safety issues regarding walking on Fox Plaza Lane,it will not be inviting for pedestrians;know quality of 7 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 surroundings has an influence on whether people use access,equal to distance traveled;pedestrian quality is inviting if it is safe, aesthetically pleasing,isolated from cars and trucks,the proposed Fox Plaza Lane will have none of these qualities, in fact the project is a Costco pedestrian experience and the design is superficial. There are three heritage trees on the site,they deserve to be preserved and protected. Report still fails to address the parking impact in town;the current stores are about 48,000 SF(not including Safeway's basement)the proposal is 67,000 SF, increase is 19,000 SF; currently there are 205 on-site parking spaces for 48,000 SF, based on the EIR there will be 155 parking stalls for 67,000 SF , more store less parking; comment is that would be all right if the city changed its policy requiring on site parking for employees and they parking in other public parking; report does not address the true impact on parking. There were no further comments from the floor and the public hearing was closed. Commissioner comments on the adequacy of Supplement#2: Staff noted that the City Council had asked for the individual comments from the commissioners, one approach might be to particularly comment on those responses to issues you individually raised. C.Keele: Need to look at this report in the context of the EIR review process,the role of the commission is to limit comments to the adequacy of the data and analysis in Supplement 2, are the issues addressed adequately. Understand that the EIR consultant is a "de facto" arm of staff, it is incumbent to divest comments from affinity with staff. Acknowledge that the EIR does not have to be perfect, not totally comprehensive,just adequate with mitigation measures. The other side is are there data gaps,omissions that render Supplement 2 inadequate. Regarding parking there is a problem with the analysis in Supplement 2, no new data, no new analysis, no more comprehensive mitigations. Does note that parking deficit is significant. If change parking then the mitigation measures are acceptable. Feel that the parking deficit is not addressed adequately. The report is inadequate in taking into account the impact on the relocation o' Lot L if the rear entrance to Fox Mall is closed. There is a data gap in the pedestrian safety issue, not sufficient information on pedestrian safety flow, pedestrian safety patterns on site, not address clearly whether an increase in volume on Fox Plaza Lane would not create a significant impact,not account for the increase in vehicular traffic on Fox Plaza Lane. Think that seasonal demand variations in parking is a condition which should have been addressed; did not analyze true parking problem in the fourth quarter. Most troublesome inadequacy is data and analysis of air quality on site and nearby;not expensive to do an air sample on site or nearby, should have done, not modeled. Given situation should have used emerging standard as basis for analysis, Redwood City is not adequate data, Supplement 2 does not address the air quality impact on the individual from increased truck traffic on the site or nearby. Staff asked if the parking deficit was identified as a significant impact. Yes,because the consultant identified it,but no new data was provided to change the point and no new mitigation was included to take to a level below significant. C.Vistica noted: One point not addressed in the EIR or Supplement 2 is the qualitative issue of El Camino and the trees, this is a strong image and community value,without adequate job of assessing the impact of the project on that environment e.g.the proximity of the buildings,large trees,analysis of the impact on that image from the south end,needed additional visual analysis so could measure;concerned that the seasonal variation in parking was not addressed,throughout count street parking as part of the parking provided by the project,if that is included it would change city policy; City Council should note the certification of this EIR would limit possibilities to correct or use some options for revision of the project e.g.truck docks at the same location, do not want to limit the applicant's ability to modify the project. Aesthetic quality may be subjective but the EIR can provide analysis for Planning Commission can make their own analysis of the information provided, not done. 8 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 C. Osterling commented: public testimony enlightened me on what would happen with the signalization, inadequate evaluation to address Primrose/Howard and traffic entering and exiting Safeway;not address how closing the rear entrance at Fox Mall would affect pedestrian distances,how would this change the impacts of the project and parking on Burlingame Avenue; effect on public access problem. Need to look at visual impacts,number of trees in parking lot, scale of building, EIR does not address. C. Keighran noted: aesthetics page 4 in Supplement 2 determine that significance of visual quality is subjective,yes but can be based on qualitative research,need to focus on qualitative,look at Redwood City and their Safeway with its back to the commercial street,what are the cumulative impacts. Lot L is a major concern,concerned about the effect of the relocation on the convenience of parking for the community not Safeway. Now Lot L is centrally located,walk to Burlingame Avenue,relocate and will lose proximity to Burlingame Avenue; if the owner of Fox Mall closes off rear entrance the 300 foot distance away will increase to 600 feet, what would the impact of that be, people would not use the new Lot L and it would increase the parking problem on Burlingame Avenue. If Fox Mall's rear entrance was closed it would increase pedestrian use on Fox Plaza Lane;the project will change the atmosphere on Fox Plaza Lane with heavy truck traffic,the parking on the street, and parking parallel to the sidewalk and dumpsters all need to be addressed. Need to incorporate deliveries,don't know the number of trucks on Fox Plaza Lane,but have observed trucks backed up on Chapin parking in the middle of the street,need a delivery schedule strictly enforced to keep Fox Plaza Lane and the project user friendly for pedestrians.Seasonal parking demand was not included, it was discussed at the last public hearing, do not accept that the same number of trips year around,would like to see the data to prove it wrong,if people stay longer grocery shopping that would affect parking availability. C. Auran commented: believe that the document is adequate, it addresses the issues raised regarding the trucks on Howard and their affect on pedestrians; Safeway constitutes less than 50%of the deliveries, and most are in the morning. Regarding the intersection of Howard and Primrose,now there is one in and one out,with the project there will be a 40 foot wide street at Fox Plaza Lane and improvement to the in and out movement as well as new access at El Camino Real. Regarding particulate matter and the Bay Area Air Quality Management District,larger trucks do not mean an increase in pollution,this is global matter;truck maintenance needs to be addressed region-wide not just with this project. Parking is a swap, people will park and do more than one errand from Safeway stalls the same as they do from the public parking, especially if there are entrances at the back of shop on Burlingame Avenue, so Safeway's parking will support other businesses in the area. For quality of the walking environment Supplement 2 provides objective data for common discussion. The report notes that parking is insufficient and the parking impact is significant. Feel that on this basis the Supplement 2 report is adequate. C.Brownrigg commented:unfortunate that the consultants did not take the Commission's comments more to heart, had they done so they would have added mitigations to make the project more palatable recognizing significant and unavoidable effects that were there in the judgment ofmany;because they found the effects to be less than significant the applicant does not have to do anything to address the problems. Commission's vote on the project had to do with the site and location of the Safeway project, wanted a different location and smaller buildings. EIR is a sideshow in the overall review,not until the Council takes a position on the project will we get anew project. Want all this time and effort spent on getting abetter proj ect. 9 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 Chair Bojues noted: agree with comments of Keele and Vistica,would add concern about the height of the proposed building, feel Council would benefit from a scale model of the project so that they can see it in -� three dimensions, if go forward would be a valuable tool. Commissioners asked: when the comments from tonight are gathered what will the City Council do;it was useful for the Commission to look at the EIR and project together. Staff responded, Council asked commission input on Supplement 2 because wanted to have commission comments on the entire EIR document in light of Commission rejection of the EIR,;originally staff brought both the EIR and project to Commission together because they did not feel that the regular citizen could distinguish between the EIR and the project. Chair Bojues thanked the public for their attendance and participation.He noted that the comments of the public and commission would be forwarded to the City Council;and closed the item. This item concluded at 9:15 p.m. 6. REVIEW AND CONSIDER MODIFICATION TO OR SUSPENSION OF THE PROJECT AT 1537 DRAKE AVENUE,ZONED R-1 —(60 NOTICED)PROJECT PLANNER: MARGARET MONROE C. Keighran recused herself because she lives within 500 feet of the subject property. She stepped down from the dias and left the Council Chambers. Reference staff report December 8,2003,with attachments. CP Monroe presented the report,reviewed criteria and staff comments. Forty-one conditions for Lot 9,forty conditions for Lot 10,and forty conditions for Lot 11 were suggested for consideration. CA Anderson noted that he could not represent the Planning Commission as legal counsel because he helped to develop the conditions of approval for the project, he can arrange for legal counsel if the Commission feels that is -� needed. Commissioner asked for clarification of what this project review is about and what are the alternatives. CA explained that when the developer violated the conditions of approval,the City responded by restructuring the conditions to make them less confusing by separating them out so that each lot will have its own set of conditions, this made the conditions more specific by lot,that the conditions for each lot be posted on a board at the site,require the developer to pay for a supervising certified arborist chosen by the City to oversee the developers'arborist. The intent is to make sure everyone understands what the rules are. CA noted that clarification is still needed on how the foundation pier holes will dug. Commission asked if the conditional use permit can be revoked altogether. CA noted that under California state law,the Planning Commission cannot revoke a permit which has already been granted unless it finds that the permit should not have been granted in the first place; CA also reminded the Commission that the permits run with the property regardless of who the applicant is; there was a misunderstanding of the finished floor elevation relative to the adjacent grade,pier locations and finished floor elevation does not work under the conditions imposed with the approved project. Commissioner asked if the City has had problems with this developer following conditions of approval on other projects in the past? CP noted that the only project he had a problem with in terms of compliance with City requirements in effect at the time of approval was one which he inherited from another applicant. Commission asked if the developer is overstretched in complying with all of the conditions of approval, does he have the time to devote make sure all contractors working on the project follow the conditions of approval? CP noted that staff was not qualified to answer for the developer. Cers. Bojues and Osterling noted for the record that the developer contacted them prior to the meeting to discuss the project. 10 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 Continued Commission questions: Commissioner asked if the excavated area was backfilled because he could not clearly see the area on a site visit;yes,applicant backfilled area the day after it was excavated,area is located to the left and rear of the Redwood trees. Commissioner noted that he recalled requiring a plan showing the protective fencing and air spading around the Redwood trees, if the applicant complied with these requirements we would not have this problem today, have not seen a plan for the protective fencing, was air spading done? CP noted that a plan for the protective fencing was submitted by the applicant's arborist, but that air spading was not done. CA noted that the developer never reached the point of root investigation,the contractor jumped ahead and started excavating without the required root investigation. Commission noted that the pictures show exposed roots extending beyond the protective fencing and asked how far was the fence from the excavation? Plr Hurin noted that the excavation appeared to be approximately two feet from the fencing at its closest point. Commission asked how deep was the excavation and if staff had any pictures of the excavation? Plr indicated that the some excavated areas where clearly more than 20 inches deep,Planning staff does not have pictures of the excavation but noted that the applicant's arborist or the City Arborist may. Commission noted that the pictures submitted by a neighbor clearly show two strata of soil, the lower strata being darker. Commission asked if the protective fencing plan was reviewed by the City Arborist? Yes, the City Arborist reviewed and accepted the projective fencing plan and visited the site to make sure it was installed correctly. Commissioner asked what the reason was for revising condition#2 on Lot 9;wanted to make sure that when the three houses are separately sold the house designs on the three lots are consistent in scale and mass. Why was condition#29 on Lots 9 and 11 deleted? Condition#29 addressed the installation of the driveway on Lot 10 only. CA noted that condition#30b for Lots 9 and 10 regarding frequency of site inspection by a licensed arborist was revised so that it provides the flexibility for the City to require how often the site should be inspected. Commission asked why condition#31 a requires a certified arborist on-site during hand digging;this condition requires that the developers'certified arborist be on site at all times to supervise the process and ensure the findings �.. are incorporated;this condition was also revised to limit the hand digging for piers from a depth of 18 to 10 inches based on the developers' recommendation in the arborist report, if digging for the piers requires a greater depth it will be reviewed by the Commission, foundation type may change after further root investigation. Commission asked if there is a monetary fine associated with the stop work order;no,just prohibits the developer from doing any work on all three lots. There were no further questions of staff. Chair Bojues opened the public hearing. Mark Hudak, attorney representing Otto Miller, developer, and James Chu, project designer, were available to answer questions. Mr. Hudak noted that the developer is responsible for what happened since he is the"captain of the ship",did not intend or direct the excavation to occur, fully understood all conditions of approval for the houses, installed the protective fencing prior to demolition permit issuance,protective fencing was reviewed and approved by the City Arborist;demolition permit was issued after demolition requirements were met;next phase was to prepare the site,contractor was to fill in the empty swimming pool on Lot 11,was far enough away to not affect the Redwood trees;while waiting for fill material contractor decided to begin the clean-up on Lot 9,was unaware that the developers' arborist needed to be there during excavation, developer intended to start root investigation after Thanksgiving. Mr. Hudak also noted that of all the houses this developer has built in Burlingame and Hillsborough there have been no willful violations committed,unfortunately did not tell the contractor not to work on Lot 9,developer posted a$118,000 deposit with the City for the Redwood trees,the last thing he wants to do is damage the trees;certified arborist was not on the site at the time because excavation was not to occur yet, certified arborist assessed the roots and recommended that the excavated area be backfilled, contractor appeared to have over-compacted the backfill. The developer next met with City staff to discuss how to proceed with the foundation type for the houses on Lots 9 and 10,do not want to redesign the houses 11 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 now,need to conduct the air spading first to investigate the root system,will design foundation for houses based on what is found in the field; feel that the additional layer of supervision by an independent arborist -� and planner is an overreaction to the situation, but the developer is willing to cooperate if within reason; appreciate the conditions of approval being separated for each lot,construction of Lots 9 and 10 will be out of sequence with Lot 11, developer would like to complete construction on Lot 11 soon, offered revised language for conditions#31 a and b and#27 in a memo provided to staff and Commission, do not want to spend time discussing the depth of the pier holes tonight since more information will be available after root investigation is completed by the certified arborist, then will know what type of foundation can be used. Commission asked why the air excavation was not completed? Mr. Hudak noted that it was not due to a misunderstanding of the condition of approval, it was due to poor communication with the contractor, contractor should have only been filling in the pool on Lot 11. Commissioner noted that while at the site noticed a tree stump at the front of Lot 10, was this tree ok to remove? Plr Hurin noted that the site plan indicates two trees to be removed at the front of Lot 10. Commission noted that by looking at the photographs 10 to 18 inches may not be deep enough to evaluate the roots for hand digging,may need to go deeper; Mr. Hudak noted that it depends on the location on the lot, hand digging will be done where practical,roots should be at surface. Commissioner noted that Redwood tree roots are shallow,it appears that the roots have gone through sand and hit clay,need to explore the root depth,engineer needs to look at root depth then determine what type of foundation can be used. Mr. Hudak noted that that the root exploration will be done with the City Arborist on site, then can determine if a pier and grade beam foundation is the appropriate type. Janet Garcia, 1561 Drake Avenue, Rich Grogan, 1450 Columbus Avenue, Christ McCrum, 1540 Drake Avenue,Mark and Ann Thomas, 1520 Drake Avenue,Dave Taylor, 1566 Drake Avenue,John O'neal, 1516 Drake Avenue,expressed the following concerns with the project:apologized for submitted letter of concern --� today, hoped that the Commission would read it tonight, there is a lot information and misinformation needed to be brought forth, floored by the developer's actions, asked if City Arborist was present;no, staff tried to contact him today but was not available; after two years of trying to get the developer to protect the trees and avoid this from happening,Mayne Tree originally recommended that the development stay 20 feet from the Redwood trees, over time made allowances to protection, now have extensive root damage, important root system at risk; Commission needs to revoke or suspend current permits,would like to see a detailed arborist report done by an independent arborist and not by Mayne Tree, all new proposals and studies need new mitigation measures based on new plans,would like to see details of legal action against the developer, the contractor and Mayne Tree; floored to see backhoe ripping roots during excavation, watched as roots 5+inches in diameter were snapped,told backhoe operator to stop,was told by contractor that the excavation was for the subfloor crawl space and that once finished with Lot 9 would go on to Lots 10 and 11,there was no miscommunication,this was not a clean up,excavation was for building pad on Lot 9;developer was gone all day during excavation,developer may have not told the contractor to excavate but the contractor had plans which called for a subfloor excavation on all three lots;was told by City Arborist that the developer's arborist new not to touch the site, City Arborist explained the requirements which needed to be met before any work commenced,called the City Arborist on Wednesday and told him that the excavated area was being backfilled,City Arborist indicated that the contractor maybe filling in the pool and not the excavated area,called the City Arborist again to tell him that the contractor was filling the excavated area,building inspector confirmed, City Arborist noted that he was going to call the police; do not think Mayne Tree should be involved with this project,feel that the City Arborist is not taking this issue seriously; need to stop everything and do air spading,need to have independent arborist complete report,concerned 12 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 with tree falling. Commissioner asked if the contractor was directed to dig? Neighbor noted that she didn't know for sure,but saw contractor on site with three sets of unapproved plans. Continued comment:asked Commission if they remember the situation with this developer on Poppy Drive several years ago,endangered an oak tree and cut it down,example of how developer was involved with not following conditions of approval on another site; need to now find out how roots were damaged, need to excavate by hand so C. Osterling can evaluate. C.Osterling noted that he would be interested in seeing the roots once the root exploration is complete, cannot comment on the roots because there is a conflict of interest,independent arborist will have to provide report on roots; approval of this project was issued prior to the proposed development at 1553 Drake Avenue,Commission needs to discuss properties as four lots, development on all four lots will greatly impact the neighborhood,development at 1553 Drake Avenue has not been resolved;when and how should there be consequences to the developers'actions;concerned with Mr.Huntington's arborist report,report indicates that roots to the north and west of the Redwood trees could have significant root loss, excavation occurred in these areas,need to pause,conduct root exploration and understand level of damage before allowing any construction on these sites; submitted six photos taken on November 26, package is incomplete, this is a four house multi-unit subdivision, need to review all four houses,concerned why contractor had three sets of unapproved plans on site,conditional use permit should be revoked because the circumstances have changed, need to considered the cumulative impact in accordance with the zoning code and CEQA,the developer's behavior is outrageous;feels that the developer is not overstretched because the project foreman lives at 1553 Drake Avenue,protective fencing was shoved out of the way during excavation and moved closer to the trees, protective fencing is moveable and the protective fencing plan is not adequate,Mr.Hudak talked about exploring the roots in the excavated area,the roots there were all removed with the excavation, swimming pool is 80 feet from the excavated area, pit varied in depth from 54 inches deep at its deepest point to 18 inches 50 feet away towards the rear of the lot, roots extend under utility easement and to 1529 Drake Avenue, many roots were severed; held up a 2'x4' piece of redwood and showed a damaged root from the site larger than 3%2 inches in diameter, showed a 7 inch tall bottle for comparison,referred to photos submitted of damage to roots on site,also brought a larger root damaged by the excavation;feel that the developer,contractor and foreman willfully forfeited the right to develop on this property by their actions,developer cannot abide by the rules and should not be permitted to building in Burlingame. Commission noted that the root shown at the meeting was cut and asked who cut it? Neighbor indicated that this is only a portion of the severed root taken from the site,cut it at home so it could be brought to the meeting, also noted that the developer brought in additional gravel to the site two days after the stop work order was issued; came to public hearings for 16 months to preserve the neighborhood, have lived here for over 25 years, expressed considerable doubt that something bad would happen, this is a cost of doing business for the developer, he'll just pay his way out, developer builds the houses,makes a profit and leaves town,property owners have to live with the consequences,this is a pretty town to live in,but it makes no difference to the developer, something has to be done to stop this,has seen protective fencing moved several times,would like to see harsh penalties imposed;this is a disappointing situation,there are too many misunderstandings with the arborist,with the City,with the City Arborist,there are misunderstandings with what the distance should be from the trees to the protective fencing,depth of the excavated area, distance from the protective fencing to the excavated area, misunderstandings with the requirement to air spade, how deep the excavated area is and so on;this is not about the neighbors versus the developer, this is about the Planning Commission executing their responsibilities, Commission must bring resolution to this problem and interpret the rules,in addition to all of the misunderstandings there are too many data gaps on the Redwood trees,specifically need a certified Redwood tree arborist to serve as an 13 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 expert here;traffic issues have not been full resolved,looking to the Commission to provide leadership,they are the controlling body. -� Mr.Hudak noted that he has listened to the neighbors'and Commissions'concerns tonight,it would be most effective to have an independent certified arborist chose by the City on site as frequently as the City feels necessary,would like to work at solving this problem for the City and the neighborhood. There were no further comments and the public hearing was closed. Commission discussion: need to clearly find the extent of the damage, there appears to be considerable damage but don't know how bad,independent certified arborist will assess and provide a report of damage, need more time to evaluate the conditions, can't decide on how to proceed with the project now until the investigation is complete. Commissioner asked if a certified Redwood tree expert is necessary? Commissioner noted that he doesn't think that a Redwood tree expert can tell us more than Mr. Levison could(independent arborist recommended by the City),have worked with Mr.Levison in the past and feel that he is qualified;agree need to investigate damage to date,need to find out extend of excavation,need to have an analysis of conditions which would allow for a certain type of foundation;these actions undermine the confidence in the developer to abide by the conditions,need to assess the quality of conduct,need to get a clear picture of what is going on, feel that it was willfully done by the evidence presented; Commission needs to see legal advice regarding whether or not to suspend or revoke the permits granted,there is enough information now in the record;from day one the Redwood trees were an issue,developer was aware of this importance, and what resulted was possible damage to the Redwood trees. C.Keele moved to continue this item until the conditions and root damage have been properly investigated and until the foundation type for the houses has been developed. --� Comment on the motion: CA noted that he would find a law firm that could give the Commission legal advise about suspending or revoking the permits. Commission directed that the backfilled area needs to be uncovered under the supervision of an independent arborist. The Commission asked who is going to pay the independent arborist and any staff time associated with the project? CP noted that the developer would by responsible,this would also include an independent planner and building inspector if needed. C.Osterling noted that when the root excavation is opened up he would like to be at the site, suggested that developer should work under a plan during investigation and that this plan should be signed by the developer. Commission asked what happens if it is determined after the root investigation that the project is not buildable? CA noted that the plans as proposed are not buildable,if anything good came out of this situation is that the developer, based on the site conditions, will be able to design a foundation which will be buildable;would like to make it clear that the independent arborist is not obliged to approve this project,it is perfectly acceptable for the independent arborist to say that this project can't be built,he does not have to find a way to say yes; CA noted that the City does not have to give the developer design alternatives. Commissioner asked if there is a way to allow the development of Lot 11? CA noted that there may be a problem for the developer with phasing the construction on Lots 9 and 10, there may be a problem with material staging and access for Lot 9 and 10 if Lot 11 is developed and not available, the developer has asked if he could fill in the swimming pool for safety reasons;see no problem with allowing the developer to fill in the pool at this time so long as it is supervised. Commission asked if there were any penalties than can be imposed for backfilling after a stop work order was issued? CA noted that the next step would be to have a preliminary injunction issued by the superior court but that it is hard to do. Commission provided the following additional direction: 14 City of Burlingame Planning Commission Unapproved Minutes December 8, 2003 • The developer is to pay for the independent arborist and planner chosen by the City; • Survey of roots and damage to be conducted; • Pool fill on Lot 11 to be completed only with proper supervision by a certified arborist; �'" • The developer is to pay for any other personnel required to acquire the necessary data and complete the investigation; • After root excavation is completed, mapped and assessed, Mr. Huntington can make a recommendation to the independent arborist and City Arborist based on the site conditions; recommendations will then be reviewed by the independent arborist and City Arborist; • The independent arborist is to determine how much, location and the manner in which the current backfill is to be removed for investigation; independent arborist is to also provide method of root treatment; • Provide map on site plan showing location of roots; • Re-examine and determine location of protective fencing for roots,establish markers for perimeter of fencing,and regularly inspect protective fencing for compliance with plan;air spading could help in determining location of fence. The motion was seconded by C. Osterling. Chair Boju6s called for a voice vote on the motion to continue the item until the information requested, including revised foundation plans,have been completed and reviewed by the City and arborist specialists.. The motion passed on a 6-0-1 (C. Keighran abstained). This item concluded at 11:10 p.m. X. PLANNER REPORTS - - Review of City Council regular meeting of December 1, 2003. CP Monroe reviewed the actions of the Council meeting of December 1, 2003. - FYI—Memo on Broadway Commercial Area Property Owner And Merchant Survey,November 2003. CP Monroe noted that that the property owner and merchant surveys were sent out and returned to the Planning Department. Conclusions were sent to the Planning Commission,City Council and posted on the website. This issue has been scheduled for discussion in January, 2004. XI. ADJOURNMENT Chair Boju6s adjourned the meeting at 11:25 p.m. Respectfully submitted, Tim Auran, Secretary S:\MINUTES\12.08.03.unapprovedminutes.doc 15 The City of Burlingame BURLINGAME CITY HALL - 501 PRIMROSE ROAD O P N CALIFORNIA 94010-3997 www.burlingame.org TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, December 11 , 2003 Commissioners Present: Jim McIver, Chair Russ Cohen, Vice Chair Lisa De Angelis Stephen Warden Commissioners Absent: David Mayer Staff Present: Augustine Chou, Traffic Engineer, Public Works Sgt. Dawn Cutler, Police Department Doris Mortensen, Administrative Secretary, Public Works Staff Absent: None Visitors: Cathy Costello, 875 Stanton Road, Burlingame Steven Wierenga, 827 California Drive, Burlingame Nancy Padilla, 909 Linden Avenue, Burlingame Don Cory, 833 Alpine Avenue, Burlingame Michael Sparer, 433 Occidental Avenue, Burlingame Kathleen Sparer, 433 Occidental Avenue, Burlingame Alan Klein, 325 Occidental Avenue, Burlingame Suzie Klein, 325 Occidental Avenue, Burlingame Jan E. Wald, 200 Peninsula Avenue, Burlingame Chris Eckert, 118 Peninsula Avenue, Burlingame Teresa Colone, 30 Dwight Road, Burlingame Hamid Bean, 889 California Drive, Burlingame TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, December 11, 2003 1. CALL TO ORDER. 7:05 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. 4 of 5 Commissioners present. Chair McIver regretfully acknowledged the passing of Sgt. Cutler's mother and C.J. "Rube" Leonelli, who was retired from the Police Department. 4. CURRENT BUSINESS. 4.1 ACTION ITEMS. 4.1.1 Elect New Chair and Vice Chair for 2004 It was moved and seconded(Comms. Warden/De Angelis)to nominate Vice Chair Cohen as Chair for 2004, approved by voice vote, 3-1-1 (Vice Chair Cohen dissenting and Comm. Mayer absent). It was moved and seconded (Comms. De Angelis/Cohen) to nominate Comm. Warden as Vice Chair for 2004, approved by voice vote, 4-1 (Comm. Mayer absent). 4.1.2 Approval of Minutes for November 13, 2003 It was moved and seconded (Comms. Cohen/Warden)to approve the minutes, approved by voice vote, 4-1 (Comm. Mayer absent). 4.2 DISCUSSION ITEMS. 4.2.1 On-street parking study for 800 block of California Drive The Commission agreed to combine discussion of this item with Item 4.2.3. Sgt. Cutler stated that, as requested at the last meeting, she checked the use permit for Autohaus Exec. The results were that there is no limitation on cars being parked off-site. She stated that Code Enforcement will be meeting with the owner soon. Sgt. Cutler also stated that the City Attorney advised that posting"For Sale" signs on parked vehicles is not an enforceable citation. Commissioner Warden stated that he and Commissioner De Angelis met recently with the owners and merchants of this area to discuss the parking situation; and that,another meeting will be scheduled for January 2004. From the floor,Mr. Bean stated that he periodically reports abandoned vehicles parked in this area to the police. Mr. Wierenga stated he is opening his business in January and wants 1-2 hour parking limit so there would be parking turnover Monday thru Saturday, 8 a.m. to 6 p.m. to eliminate long-term parking. He suggested long-term and overnight parking be approved for the east side of California Drive. Mr. Cory asked why the bus stop was moved which now eliminates four parking spaces. Mr. Chou stated that the bus stop was moved due to the new traffic signal there; however, he will meet with SamTrans to work out a possible relocation of the bus stop and The City of Burlingame Page 2 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, December 11, 2003 to see why there is such a long red zone in place now. 4.2.2 Request for mid-block crosswalk at 875 Stanton Road Mr. Chou stated that according to the pedestrian study conducted, this crosswalk would only service this site and four employees next door. He stated that he cannot recommend a mid-block crosswalk since there is no big influx of employees to use it. From the floor, Ms. Costello stated that even without the pedestrian volume, it's a serious hazard for the disabled to cross at this site. It was moved and seconded (Comms. Cohen/De Angelis) to make this an Action item immediately; approved by voice vote, 4-1 (Comm. Mayer absent). It was then moved and seconded (Comms. Cohen/McIver) to deny the request for a mid-block crosswalk, approved by voice vote, 4-1 (Comm. Mayer absent). Ms. Costello stated she will re-submit her request if use increases. Comm. De Angelis suggested that the passenger loading zone approved last month be placed where the petitioner wants the crosswalk. Mr. Chou stated that he and the petitioner had looked at that possibility. If the loading zone were placed directly in front of the main doors, it would eliminate two on-street spaces. The originally suggested location is west of the entrance, and adjacent to a driveway which would provide additional space for drivers to pull into the zone. Ms. Costello stated that she has no problem with this location and preferred it over being directly in front of the building entrance. Comm. Cohen suggested leaving the loading zone location as is. 4.2.3 Request for 1-hour parking limit at 827 California Drive See Item 4.2.1. 4.2.4 Requests for STOP sign/pedestrian signal on Carolan Avenue at Morrell Avenue Mr. Chou stated that he had completed pedestrian count studies for this site; however, due to rainy weather, the results were lower than expected. He stated that Police enforcement has also been high for this study period. He restated that while no funding is available for installation of an illuminated crosswalk, staff would attempt to apply for grant funding, and list this as a future Capital Improvement Project. Mr. Chou explained that the crosswalk currently has school crossing signs and pavement legends. However, the problem is that the street is very flat and drivers may not see the legends. As an interim measure, staff is recommending the installation of reflective buttons and orange knock-down delineators at the crosswalk. Mr. Chou explained that the reflective buttons can increase crosswalk visibility and would be highlighted by vehicle lights. The Commissioners further discussed raising the crosswalk, an illuminated crosswalk sign, battery- operated lighting and customized knock-down delineators. From the floor, Ms. Padilla was concerned that nothing has been done yet and asked if the high school students have been educated. Sgt. Cutler advised that Officer Harmon spoke to the school The City of Burlingame Page 3 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, December 11, 2003 principal about the majority of drivers being students using this thoroughfare. Many citations have been issued since additional enforcement was stepped up. Ms. Padilla suggested a platform on the west side and the hedges being cut back. She then volunteered to be a crossing guard at this site. Mr. Cory stated that his walking stick was hit by a passing vehicle and his dog almost got hit,too. It was moved and seconded (Comms. Cohen/Warden) to move this item to an Action item immediately. It was then moved and seconded(Comms. Cohen/Warden)to install delineators and reflective dots with the addition of signs on delineators for the short term; and for the long term, to install an illuminated system if we get the funding; approved by voice vote, 4-1 (Comm. Mayer absent). Comm. Warden asked if the residents could contribute some of the needed funding. Mr. Chou will check the feasibility of that. 4.2.5 Request removal of 2-hour parking limit on Occidental Avenue From the floor, Ms. Sparer requested that the parking limit sign remain because if they are removed, drivers would stop using the parking lots. She requested stickers for residents so they could park longer. Drivers coming from El Camino Real generally drive 45 mph on this street. Mr. Klein stated that the 2-hour parking is a nuisance for him and his guests. He requested stickers for residents and their guests. Mr. Sparer stated that several moving trucks park overnight between Bellevue and Chapin. He requested that the signs remain and requested stickers for residents. Ms. Klein requested removal of the signs; but if they're not removed, she requested stickers for residents and guests. Comm. Cohen asked each speaker how much they would pay for an annual sticker: $25 was the typical response. Sgt. Cutler stated that issuing resident stickers is a good concept, but they require costly tracking by staff due to counterfeiting capabilities. Comm. Cohen asked if the Bellevue corner is City property. Sgt. Cutler will verify what part belongs to the county, to Hillsborough and to Burlingame. She stated that although enforcement will be increased, using radar may not be allowed due to the short distance there. Mr. Chou stated that response was low to the notices sent advising of this meeting. He recommended re-noticing the neighborhood and continue this item as a Discussion Item next month. Chair McIver requested that the next notice emphasize that the next meeting may be the final meeting on this matter. 5. ACKNOWLEDGMENT OF NEW ITEMS. 5.1 Request to review Dwight Road for speeding problems Mr. Chou stated that a resident complained about the speeding on Dwight Road. The added bulb-out helped but drivers are still speeding from northbound Delaware,and staff suggested looking at upgrading the existing traffic light system at the intersection of Dwight Road and Peninsula Avenue to an actuated system. 5.2 Request for height limit signs for Rollins Road at Marsten Road The City of Burlingame Page 4 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, December 11, 2003 Mr. Chou stated that while the Commission recently dismissed this item, a business located on the northwest corner of the intersection has asked that the Commission examine this request again. 6. FROM THE FLOOR. 6.1 Mr. Eckert stated that he lives on the corner of Peninsula and Bancroft. On a regular basis, there are so many cars parked on the Bancroft side of his property that there is no room for his car or guests. Residents in a rental unit next door regularly park five cars on the street. Residents and guests of Woodlake Apartments park at this site. Further, Woodlake will be relocating many residents' off-street parking to the street due to construction. Also, he has seen people park their cars and take other transportation to the airport leaving their cars for several days. He has reported cars parking beyond 72 hours to the police. Sgt. Cutler advised that they can report the cars from the first day they park so the police can place a 72-hour warning notice on the vehicle and tow it away after 72 hours. Also, the police can issue warnings at night if the parked cars don't have an overnight parking permit on display. Comm. Warden suggested that Mr. Eckert contact Woodlake management to request their residents not park in other areas. 7. INFORMATION ITEMS. 7.1 From Staff to Commission 7.1.1 Traffic Engineer's Report Mr. Chou stated that the City has received three applications for Traffic Commissioner. Appointment by Council is anticipated next month. 7.1.1.1 Bicycle Safety Issues in Burlingame -None. 7.2 From Commission to Staff 7.2.1 Reports of citizen complaints or requests Comm. Warden asked about speeding at McKinley School. Sgt. Cutler advised that the School Liaison Officer will be taking care of this issue. Comm. Warden asked about the No Left Turn sign for Bellevue Avenue at El Camino Real. Mr. Chou will check on the work order status. Chair McIver asked about double striping on Burlingame Avenue business area. Mr. Chou stated that he is waiting for a paving project so he can add this item to the contract. 7.2.2 Comments and communication -None. 7.2.3 Expected absences of Commissioners at the Thursday, January 8, 2004 meeting -None. 8. INACTIVE ITEMS. The City of Burlingame Page 5 TRAFFIC,SAFETY AND PARKING COMMISSION Meeting Minutes-Unapproved Thursday, December 11,2003 9. AGENDIZE FOR THE NEXT MEETING. 4.2.1&4.2.3-Discussion Item 4.2.5-Discussion Item 5.1-Discussion Item 5.2-Discussion Item 10.ADJOURNMENT. 9:25 p.m. The City of Burlingame Page 6 MEETING MINUTES Regular Meeting of the Burlingame Parks & Recreation Commission Thursday, December 18,2003 The regular meeting of the Burlingame Parks & Recreation Commission was called to order by Commissioner Heathcote at 5:33 p.m. in Conference Room "A" at Burlingame City Hall. ROLL CALL Commissioners Present: Dittman, Erickson, Heathcote, Kahn, Lawson, Muller Commissioners Absent: Larios, Youth Commissioner Webb Staff Present: Parks & Recreation Director Schwartz, Recreation Supervisor Blondino Others Present: Gay O'Brien, 737 Neuchatel, Burlingame. MINUTES Minutes of the Commission's October 16, 2003 regular meeting and October 30, 2003 special meeting were approved as submitted. OLD BUSINESS A. Youth Advisory Committee (YAC) Report — Director Schwartz reported that the YAC conducted a '7b & 8t' grade dance in December and had 320 in attendance. Schwartz also distributed notes from the Teen Forum held in conjunction with the Millbrae YAC on October 26a'. The four projects (substance abuse, discrimination, academic pressure and need for more activities) are now part of each YAC's workplan. B. Community Recognition Program — Schwartz reported that the City Council approved two of the three provisions of the Community Recognition Program drafted by the Parks & Recreation Commission in November. The two approved provisions are: (1) renaming a field or other City facility (excluding buildings) for individuals who have contributed over 30 years of service to the community and have met the other criteria, and (2) establishing a walk of fame for individuals who have contributed over 10 years of service and have met the other criteria. The other provision, the naming of a facility or a portion of a facility for major donors to capital projects, was tabled. Council members Baylock and Nagle will meet with Schwartz in January to consider the policy. PUBLIC COMMENTS None Parks&Recreation Commission Minutes ' December 18,2003—page 2 NEW BUSINESS A. Application to Rename the Burlingame Soccer Center Field—Commissioners reviewed the application from CYSA to rename the Burlingame Soccer Center"Murray Field at Bayside Park"in support of the accomplishments of Jim and Pauline Murray to the Community. The Murray's assisted with the formation of AYSO, CYSA and Irish Football; and coached and served on the board for AYSO, CYSA and Bobby Sox Softball. Director Schwartz indicated that AYSO has expressed support for the application,but has not had an opportunity to have a board meeting since the previous Council meeting to vote approval. AYSO's official application is anticipated prior to the January 51 City Council meeting. Schwartz also suggested that the Commission may wish to amend the facility renaming criteria in the future to require support from two community non-profit organizations. Commissioner Erickson asked if a plaque would be placed at the field and where the funds for the plaque would come from. Burlingame Resident, Gay O'Brien, stated her support for the application and suggested that donations of funds for a plaque can be solicited from Jim Murray's former players. Schwartz stated that this item would be considered by the City Council if the application is approved. Commissioner Muller moved to "Rename the Burlingame Soccer Center to Murray Field". Commissioner Dittman seconded the motion, which passed unanimously. REPORTS A. Parks&Recreation Department Report-Director Schwartz reported the following: 1. The Bag Lunch & Bingo program that replaced the Senior Nutrition Program has been very successful 2. Brochures for the Spring 2004 session are in the mail to the residents 3. The closure of the swimming pool for preventative maintenance has been completed three days ahead of schedule,with all of the scheduled items addressed 4. The bids were opened for Washington Park playground and will be before Council on January 5f for approval. The low bid was $30,000 less than the architect's estimate 5. Burlingame is currently undertaking a Facilities Masterplan to assess the condition of each City building and establish a priority list for future improvements 6. A $10,000 grant was received recently from SBC for Millbrae and Burlingame to use for technology in a Teen Center. Because a Teen Center is not possible at this time, SBC has stated that they will consider the two cities using the funds for other similar projects. After discussion it was suggested that the funds be used towards establishing a homework center in the Easton Branch Library. Parks&Recreation Commission Minutes December 18,2003—page 3 B. Commissioners 1. Commissioner Erickson suggested that the YAC members meet with local college students who have been involved in similar issues as discussed at the Teen Forum. This would give the YAC members a better insight into the issue statements and possible solutions. 2. Commissioner Kahn noted the difficulty reading the tree information on the back cover of the Spring 2004 Recreation Brochure. She also expressed her disappointment in the community for failing to support the Teen Center dinner dance. After discussion, Erickson suggested that the commissioners evaluate the dinner dance project at the January meeting. C. Revenue Report - See attached. NEXT MEETING The next meeting of the Parks & Recreation Commission will be held on Thursday, January 15, 2004 at 7:00 p.m. at Burlingame City Hall. There being no further business to come before the Commission, the meeting was adjourned at 6:16 pm. Respectfully submitted, 6 G t�, Randy Schwartz Director of Parks&Recreation CITY OF BURLINGAME BUILDING INSPECTION MONTHLY PERMIT ACTIVITY NOVEMBER, 2003 F.Y. 2003 F.Y. 2002 SAME MONTH THIS YEAR LAST YEAR THIS MONTE LAST YEAR DIFF TO DATE TO DATE DIFF Permit type # Valuation # Valuation 3 # Valuation # Valuation % New Single Family 1 $394,000 1 $294,701 33.7 7 $2,852,000 7 $2,677,701 6.5 New Multi-Family 0 $0 1 $850,000 100.0- 0 $0 1 $850,000 100.0- New Commercial 0 $0 0 $0 .0 2 $2,500,000 0 $0 .0 Alterations-Res 19 $451,430 26 $965,528 53.2- 138 $4,795,617 130 $6,031,264 20.5- Alterations-NonRes 6 $294,750 7 $270,500 9.0 38 $4,354,050 35 $4,689,090 7.1- Demolition 10 $93,000 5 $0 .0 31 $117,000 39 $1,725 682.6 Swimming Pool 0 $0 1 $31,800 100.0- 2 $50,000 1 $31,800 57.2 Sign Permits 2 $10,900 1 $5,000 118.0 13 $61,550 14 $117,451 47.6- Fences 1 $8,000 0 $0 .0 2 $9,500 2 $1,500 533.3 Reroofing 27 $335,646 16 $184,752 81.7 176 $1,933,146 139 $1,688,052 14.5 Repairs 2 $55,500 2 $64,150 13.5- 21 $186,900 11 $142,150 31.5 Window Repl 7 $44,661 7 $32,418 37.8 47 $508,100 32 $195,659 159.7 Miscellaneous 0 $0 4 $21,900 100.0- 11 $151,101 37 $414,867 63.6- TOTALS...... 75 $1,687,887 71 $2,720,749 38.0- 488 $17,518,964 448 $16,841,259 4.0 12/01/03 8:37:33 I I � CITY OF BURLINGAME Portfolio Management Portfolio Summary November 30, 2003 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF & County Pool 24,087,655.91 24,087,655.91 24,087,655.91 92.33 1 1 2.643 2.680 Federal Agency Issues - Coupon 2,000,000.00 2,003,760.00 2,000,000.00 7.67 731 717 2.268 2.300 Investments 26,087,655.91 26,091,415.91 26,087,655.91 100.00% 57 56 2.614 2.651 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 57,987.53 306,183.05 Average Daily Balance 25,727,098.11 26,496,435.74 Effective Rate of Return 2.74% 2.76% 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 of these funds is restricted by law (e.g. Gas Tax, Trust & Agency funds, Capital Projects, and Enterprise funds). I � mop FINANCE DIR./TREASURER Ne Portfolio CITY CP Run Date: 12/10/2003 -09:38 PM (PRF_PM1)SyrnRept V6.21 Report Ver. 5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments November 30, 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 AGENCY INV.FD. 3,531,135.32 3,531,135.32 3,531,135.32 1.572 1.572 1 SYS79 79 S M COUNTY POOL 20,556,520.59 20,556,520.59 20,556,520.59 2.870 2.870 1 Subtotal and Average 24,693,764.77 24,087,655.91 24,087,655.91 24,087,655.91 2.680 1 Federal Agency Issues-Coupon 3128X16Q5 513 FEDERAL HOME LOAN MORTG.CORP. 11/17/2003 2,000,000.00 2,003,760.00 2,000,000.00 2.300 2.300 717 11/17/2005 Subtotal and Average 1,033,333.33 2,000,000.00 2,003,760.00 2,000,000.00 2.300 717 Total and Average 25,727,098.11 26,087,655.91 26,091,415.91 26,087,655.91 2.651 56 Portfolio CITY Run Date:12/10/2003-09:38 CP PM(PRF_PM2)SyrnRepl V6.21 ort Ver.5.00 I i CITY OF BURLINGAME Portfolio Management Page 3 Activity By Type November 1, 2003 through November 30, 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. 1.572 0.00 700,000.00 SYS79 79 S M COUNTY POOL 2.870 312,453.90 1,000,000.00 Subtotal 25,475,202.01 312,453.90 1,700,000.00 24,087,655.91 Federal Agency Issues-Coupon 3128XOEC9 511 FEDERAL HOME LOAN MORTG.CORP. 3.000 11/04/2003 0.00 1,000,000.00 3128X16Q5 513 FEDERAL HOME LOAN MORTG.CORP. 2.300 11/17/2003 2,000,000.00 0.00 Subtotal 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 Total 26,475,202.01 2,312,453.90 2,700,000.00 26,087,655.91 Portfolio CITY CP Run Date:12/10/2003-09:38 PM(PRF_PM3)SyrnRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 4 Activity Summary November 2002 through November 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 November 2002 8 27,217,024.50 3.360 3.406 3.219 1 1 323 221 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 Average 5 27,112,529.71 2.930% 2.971% 2.891 0 1 144 98 Portfolio CITY CP Run Date:12/10/2003-nQ 38 PM(PRF PM4)SyrnRept V6.21 + + Report Ver.5.00 I CITY OF BURLINGAME Portfolio Management Page 5 Distribution of Investments By Type November 2002 through November 2003 November December January February March April May June July August September October November Average Security Type 2002 2002 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 by Period LAIF&County Pool 70.6 71.3 71.9 83.7 88.8 89.6 89.8 92.6 92.6 92.6 96.1 96.2 92.3 86.8% ... ...... .................................................. ._ .................................. ...... .. 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 . ................. -.1....- ..............................................................._.............--..----._..........._.._........................_........_...._.._..........._._.._-......__......._.._..._..............................................._._.._....._.........................._.......__......................_...._.__... ....._......................................_........_........_..__......._................._........_..._............._.........................._._................_.......................................................................................--......__.................................. Commercial Paper-Discount ......... . ....... ..... .. ...... ..... . ......... ._......... ...I... ....... ....... ....... _. . ....... Federal Agency Issues-Coupon 29.4 28.7 28.1 16.3 11.2 10.4 10.2 7.4 7.4 7.4 3.9 3.8 7.7 13.2% ................ . .................................................................................................. _ ..................... .................................. . Federal Agency Issues-Discount Treasury Securities-Coupon __._....... ... . ................................ Treasury Securities-Discount ................................. ........ ... . .. ......-_-....................... ............................... _........ ...... .. ............................... .................. .. ....... ...... ......... ..... ... ..... ........ . Miscellaneous Securities-Coupon T........................................._......._.._.._.........__.._._...._.........................._..............--____....._..._...... ______._........_..-._-._..................._._..............._._____......................_...._........................................_.......___..................._....____._............................._........._..................................._.................................................._...._.._ .......... Miscellaneous Securities-Discount .. ........ .. .. ...... .. . ...... ... ........ .......... ... ...... Non Interest Bearing Investments _ _ _ Mortgage Backed Securities _............._....._.............._........ ..__....... ........... _.................. ._.._ _.--_........................................... ............ ._------ _.._... ................... ......... .._T__.._.._---------- ........ __---- --._...................-..._...._..............................__._...._._...............__..._...........................__._....._.._................................................................___..._._............._.._...-.............................._.._...__...... Miscellaneous Discounts At Cost 2 .. .. .......... . . ...................... .. ._. Miscellaneous Discounts-At Cost 3 ..............................................._.... ................................................................................................. . . ............ ....................................................... ........,...... ...,. . . ...,....,. ...... ..... ......... Portfolio CITY CP Run Date:12/10/2003-09:38 PM(PRF_PM5)SymRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Interest Earnings Summary November 30, 2003 November 30 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 15,000.00 31,000.00 Plus Accrued Interest at End of Period 1,788.89 1,788.89 Less Accrued Interest at Beginning of Period ( 14,750.00) ( 13,816.67) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 2,038.89 18,972.22 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 2,038.89 18,972.22 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 345,557.26 345,557.26 Less Accrued Interest at Beginning of Period ( 289,608.62) ( 407,664.87) Interest Earned during Period 55,948.64 287,210.83 Total Interest Earned during Period 57,987.53 306,183.05 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period 57,987.53 306,183.05 Portfolio CITY CP Run Date:12/10/2003-09:38 PM(PRF_PM6)SymRept V6.21 ' + Report Ver.5.00 1 98BD Portfolio Management Portfolio Summary November 30, 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 1,718,550.00 1,710,000.00 100.00 1,461 1,393 3.383 3.430 Investments 1,710,000.00 1,718,550.00 1,710,000.00 100.00% 1,461 1,393 3.383 3.430 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 4,887.75 17,427.49 Average Daily Balance 1,710,000.00 1,702,474.69 Effective Rate of Return 3.48% 2.44% 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_Qy of some of these funds is restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). 444�� /o Zov3 ItJ Finance Director/Treasurer Portfolio 98BD CP Run Date:12/10/2003-09:41 PM(PRF_PM1)SyrnRept V6.21 Report Ver.5.00 98BD Portfolio Management Page 2 Portfolio Details - Investments November 30, 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 1,718,550.00 1,710,000.00 3.430 3.430 1,393 09/24/2007 Subtotal and Average 1,710,000.00 1,710,000.00 1,718,550.00 1,710,000.00 3.430 1,393 Total and Average 1,710,000.00 1,710,000.00 1,718,550.00 1,710,000.00 3.430 1,393 Portfolio 98BD CP Run Date:12/10/2003•09:41 1/ PM(PRF PM2)SyrnRept V6.21 �rt Ver.5.00 I I 01 BD Portfolio Management Portfolio Summary November 30, 2003 Par Market Book %of Days to YTM YTM Investments 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 1.550 1.572 Investments 1,110,996.32 1,110,996.32 1,110,996.32 100.00% 1 1 1.550 1.572 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 1,442.53 7,474.82 Average Daily Balance 1,110,996.32 1,107,410.34 Effective Rate of Return 1.58% 1.61% 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). I 0 J s ava, Finance Dir./Treasurer Portfolio 01 BD CP Run Date:12/10/2003-09:41 PM(PRF_PM1)SyrnRept V6.21 Report Ver.5.00 01 BD Portfolio Management Page 2 Portfolio Details - Investments November 30, 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 1.572 1.550 1.572 1 Subtotal and Average 1,110,996.32 1,110,996.32 1,110,996.32 1,110,996.32 1,550 1.572 1 Total and Average 1,110,996.32 1,110,996.32 1,110,996.32 1,110,996.32 1.550 1.572 1 Portfolio 01BD Run Date:12/10/2003.09:41 CP PM(PRF_PM2)SyrnRept V6.21 ,rt Ver.5.00 I E 03BD Portfolio Management Portfolio Summary November 30, 2003 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 3,775,077.75 3,775,077.75 3,775,077.75 100.00 1 1 1.550 1.572 Investments 3,775,077.75 3,775,077.75 3,775,077.75 100.00% 1 1 1.550 1.572 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 5,435.64 38,333.08 Average Daily Balance 4,186,311.08 5,623,784.19 Effective Rate of Return 1.58% 1.63% 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 Ta Trust&Agency funds,Capital Projects,and Enterprise funds). l0 �� J s va, finance Director/Treasurer Portfolio 03BD CP Run Date:12/10/2003-09:42 PM(PRF_PM1)SymRept V6.21 Report Ver.5.00 03BD Portfolio Management Page 2 Portfolio Details - Investments November 30, 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 3,775,077.75 3,775,077.75 3,775,077.75 1.572 1.550 1.572 1 Subtotal and Average 4,186,311.08 3,775,077.75 3,775,077.75 3,775,077.75 1.550 1.572 1 Total and Average 4,186,311.08 3,775,077.75 3,775,077.75 3,775,077.75 1.550 1.572 1 Portfolio 03BD CP Run Date:12/10/2003-09:42 PM(PRF_PM2)SyrnRepl V6.21 ,ort Ver.5.00 12-15-03 SUMMARY OF PART ONE OFFENSES PAGE : 1 FOR: NOVEMBER, 2003 Prev Last Act Act Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD. . . Murder and Nonnegligent Manslaughter 0 0 2 Manslaughter by Negligence 0 0 Rape By Force 2 8 6 Attempt to Commit Forcible Rape 1 0 Robbery Firearm 5 10 Robbery Knife 2 2 Robbery Other Dangerous Weapon 4 2 Robbery Strong-Arm 5 8 Assault - Firearm 0 1 Assault - Knife 3 3 13 Assault - Other Dangerous Weapon 3 15 16 Assault - Hands, Fists, Feet 1 8 5 Assault - Other (Simple) 22 19 187 178 Burglary - Forcible Entry 6 7 75 63 Burglary - Unlawful Entry 2 5 55 73 Burglary - Attempted Forcible Entry 1 1 Larceny Pocket-Picking 0 0 Larceny Purse-Snatching 1 2 1 Larceny Shoplifting 2 1 23 29 Larceny From Motor Vehicle 43 24 273 222 Larceny Motor Veh Parts Accessories 5 9 47 89 Larceny Bicycles 5 6 34 41 Larceny From Building 1 8 21 31 Larceny From Any Coin-Op Machine 6 3 31 25 Larceny All Other 25 6 218 199 Motor Vehicle Theft Auto 13 11 78 90 Motor Vehicle Theft Bus 3 4 Motor Vehicle Theft Other 5 3 ------- ------ ------ ------ 133 106 1, 104 1, 114 ------- ------ ------ ------ ------- ------ ------ ------ 133 106 1, 104 1, 114 12-15-03 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE : 1 CITY REPORT FOR: NOVEMBER, 2003 Prev Last Act Act Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD. . . All Other Offenses 42 35 406 359 Animal Abuse 2 0 Animal Nuisance 1 1 Arson 10 2 Assists to Outside Agencies 0 0 Bicycle Violations 0 0 Bigamy 0 0 Bomb Offense 3 0 Bomb Threat 1 1 3 Bribery 0 0 Check Offenses 2 15 19 Child Neglect/prot custody 4 1 26 25 Computer Crime 0 0 Conspiracy 0 0 Credit Card Offenses 1 1 1 5 Cruelty to Dependent Adult 2 4 Curfew and Loitering Laws 1 1 Death Investigation 4 2 27 26 Disorderly Conduct 3 2 36 46 Driver' s License Violations 1 4 7 Driving Under the Influence 4 4 61 66 Drug Abuse Violations 2 2 22 31 Drug/Sex Registrants 1 2 1 Drunkeness 5 3 57 56 Embezzlement 2 9 5 Escape 0 0 Extortion 0 0 False Police Reports 0 0 False Reports of Emergency 0 1 Fish and Game Violations 0 0 Forgery and Counterfeiting 3 3 38 53 Found Property 14 12 88 88 Fraud 1 1 34 31 Gambling 0 0 Harrassing Phone Calls 1 7 44 77 Hit and Run Accidents 7 2 35 59 Impersonation 1 3 Incest 0 0 Indecent Exposure 8 5 Intimidating a Witness 0 0 Kidnapping 0 1 Lewd Conduct 0 3 Liquor Laws 8 9 Littering/Dumping 0 1 Marijuana Violations 3 17 26 Mental Health Cases 8 10 105 100 Missing Person 7 2 40 30 Missing Property 5 5 91 100 Municipal Code Violations 4 5 41 56 Narcotics Sales/Manufacture 0 0 Offenses Against Children 1 6 18 12-15-03 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE : 2 CITY REPORT FOR: NOVEMBER, 2003 Prev Last Act Act Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD. . . Other Assaults 22 19 187 178 Other Juvenile Offenses 5 4 Other Police Service 4 3 58 64 Pandering for immoral purposes 0 0 Parole Violations 1 2 Perjury 0 0 Possession of Burglary Tools 1 2 1 Possession of drug paraphernalia 0 0 Possession of obscene literature;picture 0 0 Probation Violations 7 7 Prostitution and Commercial Vice 3 0 Prowling 1 0 12 Resisting Arrest 1 0 7 Runaways (Under 18) 0 0 Sex Offenses 3 8 Sex Offenses against Children 3 3 Sodomy 0 0 Stalking 3 1 Statutory Rape 2 0 Stolen Property;Buying;Receiving;Possess 1 5 4 Suspended License 1 3 26 38 Tax Evasion 0 0 Temp Restraining Orders 3 2 31 49 Terrorist Threats 4 1 24 34 Towed Vehicle 42 56 379 529 Trespassing 2 1 16 14 Truants/Incorrigible Juvs 1 2 3 2 US Mail Crimes 0 0 Vagrancy 0 0 Vandalism 19 25 246 241 Vehicle Code Violations 2 7 40 52 Violation of Court Order 2 25 26 Warrants - Felony 11 6 Warrants - Misd 5 4 33 52 Weapons;Carrying, Possessing 8 14 Welfare Fraud 0 0 ------- ------ ------ ------ 225 232 2 , 363 2 , 666 ------- ------ ------ ------ ------- ------ ------ ------ 225 232 2 , 363 2 , 666 12-15-03 MONTHLY SUMMARY OF CITATIONS PAGE: 1 CITY REPORT FOR: NOVEMBER, 2003 Prev Last Act Act Crime Classification. .... .... . . . . . . . . ... Current Year.. YTD. . . YTD. .. Parking Citations 3132 2,902 35,679 33,991 Moving Citations 283 259 2,863 2,519 ------- ------ ------ ------ 3415 3,161 38,542 36,510 -- ------ ------ ------ 3415 3,161 38,542 36,510 BURLINGAME Officer Productivity . . . . generated on 12 / 15/2003 at 04 : 24 : 31 PM Reported On : All Officers Report Range : 11 / 01 /2003 to 11 / 30/2003 Data Type Reported on : PARKING Valid % All Voids % All % Officer: ID: Cnt Valid Cnt Voids Valid ------------------------------------------------------------------------------------------------------------------------ DAVIS 190 1133 38 . 47 22 52 . 38 98 . 10 DAZA-QUIROZ 634 686 23. 29 5 11 . 90 99.28 GARRETT 501 356 12. 09 9 21 . 43 97 . 53 HARRISON 506 750 25.47 6 14 .29 99.21 MORAN 201 20 0. 68 0 0. 00 100. 00 Total 2945 42 Page 1 of 1 David A.Hankin Vice President 1U V Regulatory&Government Affairs 1400 Fashion Island Blvd.,Suite 100 San Mateo CA 94404 (650)212-8010 Fax(650)212-8009 December 10,2003 Jesus Nava Finance Director City of Burlingame 501 Primrose Road Burlingame,CA 94010 Dear Mr.Nava: This letter servers to notify you of the various product offerings RCN has launched during 2003 and our new rate structure as of January 15,2004. During 2003 RCN has been busy maintaining its reputation as the state-of-the-art provider of cable television,high-speed Internet access and telephone services.During this year RCN has expanded our product offerings to include: Megamodem Mach 3 and Megamodem Mach 5-We doubled the download speed of our basic cable modem to 3 Mbps(Mach 3)and increased our premium cable modem to 5Mbps(Mach 5)—at no additional cost to our subscribers.There is no faster residential downstream speed in the Bay Area.Our upstream speed of 800 Kbps remains over three times as fast as the residential upstream speed of DSL or other cable modem providers. 3 More Digital Cable TV Channels-Fuel-Fox Extreme Sports,Tennis Channel and SoapNet. IMPULSE Video on Demand-This service allows customers to watch what they want,when they want it.After ordering a selection,customers can immediately view the program for an unlimited number of times during the 24-hour rental period.Customers have full control of their VOD selections with VCR functions that allow them to pause,fast-forward,stop,and rewind within the rental period,using their remote control.VOD programming includes hit movies,classic movies, double features,events and ESPN programming. IMPULSE Subscription Video on Demand with HBO On Demand and Cinemax.On Demand allows customers to view unlimited HBO and Cinemax programming for a monthly fee.HBO On Demand gives unlimited access to over 100 titles of current and classic HBO original programming Hollywood movies,children's programming and HBO specials.Cinemax on Demand offers movies and late night features. High Definition Television- This service offers 6 channels that bring consumers high definition technology and is 6 to 10 times the picture clarity of standard definition television in a wide- screen format. HDTV has the capability to experience the full benefit of Dolby Digital 5:1 surround sound home theater systems. RCN's HDTV tier includes ESPN HD, HDNet, HDNET Movies and Discovery HD Theater. RCN is the only cable operator in San Francisco to offer all four of these HDTV networks. ESPN HD covers live professional games in all four major sports. HDNet and HDNet Movies are new national networks broadcasting most of their programs in HD format , including movies, live sports and concerts, documentaries , news and entertainment. Discovery HD Theater offers high-definition nature, wildlife, science and technology programs. HDTV tier customers who also subscribe to HBO and Showtime will automatically receive HBO and Showtime HD as part of their HD lineup. RCN also offers HBO HD and Showtime HD to customers who subscribe to these premium networks and rent RCN's high definition converter box. Home Networking- RCN customers can now share interconnect speeds of up to 5 Mbps among several computers in their home. RCN's Home Networking package provides broadband security via a firewall, access to basic parental controls and 24/7 technical support. Also in 2003, RCN worked hard to lower costs while continuing to provide our state-of-the-art services. Unfortunately, the fees we pay cable networks for their programming represents our single largest cost. Once again this year, the networks (of which 22% are owned by incumbent cable companies) increased their rates significantly. As a result, RCN will be increasing some of its rates as of January 15, 2004. For those customers subscribing to RCN's basic cable service there will be a rate increase of $3.00 to $39.95 for 80 channels. The Resilink Gold Package will increase by $3 from $130 to $133 and our Essential CPI Package will increase by $5 increase from $90 to $95. A complete list of our rates and rate increases are included in the attached summary. Even with these increases, RCN provides Burlingame residents a choice for cable television, high- speed Internet access and telephone whose value and offerings cannot be matched by any other provider. Please do not hesitate to contact me should you have any questions. Sincerely, David Hankin Attachment Summary of Changes Effective January 2004 Impulse Video On Demand (VOD) (per movie or event) Phone All rates monthly unless otherwise noted New Releases n/a $3.99 - $4.99 Basic Plan $5.00 $5.00 No Change Bundled Packages Library Movies n/a $2.99 Value Plan $13.70 $13.70 No Change Spanish Programming n/a $3.99 or less Ultra Calling Plan $35.00 $35.00 No Change ResiLink Current New Change ESPN Programs n/a $1.99 Megaphone Unlimited - Platinum $169.00 $169.00 No Change Adult n/a $10.99 Unlimited Local, Regional Gold $130.00 $133.00 $3.00 Double Features n/a $3.99 - $4.99 and Long Distance, Mercury $93.00 $99.00 $6.00Subscription VOD current N plus four phone features $50.00 $50.00 No Change ew Silver 585.00 $85.00 No Change HBO (with HBO subscription) Unlimited Regional Bronze $75.00 $75.00 No Change n/a $4.95 with any phone bundled service $10.00 $10.00 No Change Essentials Cinemax (with Cinemax subscription) n/a $495 Unlimited LD . CPI $85.00 590.00 $5.00 with any phone CP $48.00 551.00 $3.00 HBO and Cinemax (with HBO and Cinemax subscription) bundled services S20.00 $20.00 No Change PI $52.00 $52.00 No Change n/a $4.95 CI 575.00 $80.00 $5.00 Kids Unlimited n/a $4.95 Unlimited LD with a la carte phone $24.00 $24.00 No Change Video High Definition TV Limited Basic $16.45 $16.45 No Change HDTV Converter n/a $9.95 Expanded Basic $36.95 $39.95 $3.00 HDTV Tier' n/a $12.00 Digital Vision $9.95 $9.95 No Change HBO HD' n/a FREE $IAO discount with a Premium Channel (w/HBO Subscription) Digital Wales n Tier $9.95 $9.95 No Change Showtime HD' n/a FREE Primary Converter $4.95 $7.95 $3.00 $3.00 discount with a Premium Channel or Digital Vision (w/Showtime Subscription) Additional Converters $6.95 $7.95 $1.00 HD Converter Box Rental Required HBO $12.95 $13.95 $1.00 High Speed Cinemax $12.95 513.95 $1.00 Showtime/TMC $12.95 $13.95 $1.00 Internet Current New Change Start! Super Pak S12.95 S13.95 $1.00 Cable Modem $54.95 554.95 No Change Pick 2 Premiums $21.95 521.95' No Change Cable Modem w/RCN TV $45.95 $45.95 No Change Pick 3 Premiums 529.95 $29.95' No Change BYOM (Discount) $(5.00) $(5.00) No Change Pick 4 Premiums n/a S37.95 Static IP Address $9.95 $9.95 No Change Pay-Per-View Movies(per movie) $3.95 53.99 $0.04 Additional IP Address $4.95 $4.95 NO Change Prices do not include franchise fees.taxes,or other regulatory or government- Adult Pay-Per-View Or block) $9.95 $10.99 $1.04 Imposed charges. -Now only available to Essentials 5 ResiLink Customers Multi-User $11.95 $11.95 No Change M you subscribe to a Resit-Ink bundle,you will continue to receive the first box MegaModem Mach 5 $10.00 $10.00 NO Change (2 boxes for Platinum customers)as part of your bundle at no additional cost.If (bundle) you have additional boxes beyond what is included in your bundle,the rate will MegaModem Mach 5 $25.00 $25.00 No Change changeto$7.s5/box. (a la carte) Unlimited long Distance plan is for residential customers only.Unlimited Long Distance plan applies only to domestic direct dialed calls HomeLAN $14.95 $14.95 No Change . Digital converter bolt re0ured to Digital vision, premium dtaotels.Impulse al- Demand(VOD),and Subscription video on Demand.