HomeMy WebLinkAboutAgenda Packet - CC - 2002.10.21BURLINGAME CITY COUNCIL AGENDA
Rlcu,en MsnrINc - Mor.roAv, OctosnR 21, 2002
Plce i or 3
* CLOSED SESSION
a. Threatened litigation (Government Code $ 54956.9(bX1), (3XC)
Claim of Riyad Salma; Claim of Pnscilla Landes; Claim of John
Scopazzi
b. Conference with Real Property Negotiators pursuant to Government
Code $ 54956,8:
Receive Report of lease negotiations fbr 783 California Drive and
instruct negotiators as appropriate
Agency Negotiators: Jim Nantell, Randy Schwartz, Larry Anderson;
Negotiating Parties: Teny Horn on behalf of the Proffitt Trust;
Under Negotiation: Lease of portion of property for Teen Center and
other consistent uses
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. MINUTES - Regular meeting of October 7,2002
5. PUBLIC IIEARINGS The mayormay limitswaken to thee aiautes each
a. Adopt an Ordinance Amending Section 13.24.015 to reduce the
Speed Limit on Occidental Avenue between Banoilhet Avenue and
El Camino Real to Twenty-Five Miles Pel Hour
b. Consider Approval of (A) Resolution to Approve Lease of Property
a|783 California Drive for use as Teen Center, (B) Resolution
Authoring Transfer of $100,000 in Capital Funds Designated for
Improvements to the Recreation Center to the Teen Center and (C)
Direct Staff to Seek Funding Options
6. 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.
7, STAFF REPORTS AND COMMUMCATIONS
a. Introduce Ordinance to change Civil Service Commission from Introduce
City of Bwlingame
CITY HALL - 5OI PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010
(6so) 55&7200
6:30p.m., Conference Rm A
7:00 p.m., Council Chambers
Approval
Hearing/Action
Approve/Deny/Other Actron
BURLINGAME CITY COUNCIL AGENDA
Rrcu.en Mpsrtrc - MoNlAy, OcrossR 21, 2002
PAGE 1 oF 3
Seven (7) Members to Five (5) Members
b. Commission Appointments (Beautification - 2; Parks & Recreation -
2)
8. CONSENT CALEMAR
a. Resolution Awarding 2002 Sidewalk Maintenance Program to J.J.R
Construction and Resolution Transferring $150,000 in Gas Tax
Funds for Construction of Curb and Gutter
b. Resolution Approving State Revolving Fund Loan & Authorizing
Establishment of a Capital Reserve Fund - Wastewater Treatment
Plant Improvements
c. Approval of Attendance at Out-of-State Conference for two (2) Street
Department Staff in Tucson, fuizona
d. Wanants & Payroll, September 2002
e. Status Report on the FY 2002-03 Advanced Planning Program
f. Review and Approval of Amusement Permit fbr Behan's Irish Pub,
1327 Broadway under Gerard Mitcheli
g. Adopt Resolution Fixing the Employer's Contribution Under the
Public Employees' Medical and Hospital Care Act - Police and Fire
Administratots
h. Adopt Resolution Fixing the Employer s Contrjbution Under the
Public Employees' Medical and Hospital Care Act - BAMM 3. IAFF
i. Adopt Resolution Fixing the Employer's Contribution Under the
Public Employees' Medical and Hospital Care Act -POA and
AFSCME
j. Approval for Fire Department members Ron Houle, Bruce Barron,
Don Chesney, Ken Musso & Dave Musso to travel to Appleton,
Wisconsin to accept new tire apparatus
9.
iO. OLD BUSINESS
11. NEW BUSINESS
City of Bwlingame
CITY HALL. 50I PRIMROSE ROAD
BURLINGAME. CALIFORNIA 94OIO
(650) 55&7200
Discuss/Direct
Approval
BURLINGAME CMY COIJNCIL AGENDA
Rrcur.en Meprmc - Molo,ty, Ocrosen 21, 2W2
PAGE 1 oF 3
a. Set appeal hearing for November 4,2002 Council Meeting
regarding Planning Commission decision on 1336 Carlos Avenue
12. ACKNOWLEDGMENTS
a. Commission lVlinutes : Beautification Commission, October 3, 2002;
Planning Commission, October 15, 2002
b. Department Reports: Finance, September 2002
c. Anonymous letter with Parks & Recreation reply conceming rose
garden in Washington Park
13. ADJOURNMENT
NOTICE: Any attendees wishing accommodations tbr disabilities, please contact the City Clerk at (650) 558-7203 at
least 24 hours befbre the meeting. A copy ofthe Agenda Packet is available tbr 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 tlie meeting. Visit the
City's website at www.burlinsame.orp. Agendas and minutes are available at this site.
NEXT MEETING - October 29,2N2
CiU of Bwlingame
CITY HALL - 50I PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010
(650) 55&7200
Set Hearing for lll4l02 Meeting
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting of October 712002
1. REGULAR MEETING CALLED TO ORDER
A regular meeting of the Burlingame City Council was held on the above date in the City Hall Council
Chambers. The meeting was called to order at7:00 p.m.by Mayor Mary Janney.
2. PLEDGE OFALLEGIANCE TO THE FLAG
Led by Anne LeClaire.
3. ROLL CALL
Council Present:
Council Absent:
Baylock, Coffey, Galligan, Janney, O'Mahony
None
a.
At this time, Mayor Janney requested item 7b) "Report on City Role in Mills-Peninsula Hospital
Replacement" be heard before item 7a) "lntroduction of an Ordinance to Amend Section 13.24.015"
4. MINUTES
Councilwoman O'Mahony made a motion to approve the minutes of the September 16,2002; seconded by
Councilwoman Baylock; approved unanimously by voice vote, 5-0.
5. PUBLIC HEARINGS
FOR THE 2OO2 LOCAL LA GRANT
COP Missel recommended Council hold a public hearing to consider the spending plan for the 2002Local
Law Enforcement Block Grant (LLEBG) funds and approve the plan to utilize the funds for computer
equipment andl or software purchases.
Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was
closed.
Vice Mayor Coffey made a motion to approve the2002 Local Law Enforcement Block Grant (LLEBG) and
approve the plan to utilize the funds for computer equipment and/or software purchases; seconded by
Councilwoman O'Mahony, approved unanimously by voice vote, 5-0.
Burlingame City Council
Unapproved Minutes
I October 7,2002
b. RESOLUTION #104.2002 ADOPT REVISED FEES FOR BUILDING DTVISION
DPW Bagdon recommended Council hold a public hearing and adopt Resolution #104-2002 approving the
revised fees for the building division.
Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was
closed.
Councilwoman O'Mahony made a motion to adopt Resolution #104-2002 approving revised fees for the
building division; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0.
c. RESOLUTION #1 2OO2 TO ADOPT FEES BY THE FIRE DEPARTMENT IN
CONNECTION WITH PERMITS AND INSPECTIONS
Fire Chief Reilly recommended Council hold a public hearing and adopt Resolution #105-2002 approving
fees by the fire department in connection with permits and inspections.
Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was
closed.
Councilman Galligan made a motion to adopt Resolution #105-2002 adopting fees by the fire department in
connection with permits and inspections; seconded by Councilwoman O'Mahony, approved unanimously by
voice vote, 5-0.
6. PUBLIC COMMENTS
Maxine Tumer, 40 Seville Way, San Mateo, spoke in opposition of the Burlingame City Council endorsing
Measure C.
7. STAFF REPORTS AND COMMUNICATIONS
Because Carol Groome from Mills-Peninsula Hospital had not yet arrived, item 7b) was returned to its
original place on the agenda, following item 7a).
a.ORDINANCE TO AMEND 15 TO
LIMIT ON AL AVENUE BETWEEN BARROILHET AVENUE AND EL CAMINO
REAL TO TWENTY.FIVE MILES PER HOUR
DPW Bagdon recommended Council introduce an ordinance to amend Section 13.24.015 to reduce the speed
limit on Occidental Avenue between Barroilhet Avenue and El Camino Real to twenty-five (25) miles per
hour.
Burlingame City Council
Unapproved Minutes2
October 7,2002
Mayor Janney requested CC Musso read a summary of the proposed ordinance. Councilwoman O'Mahony
made a motion to waive further reading of the ordinance; seconded by Councilman Galligan, approved
unanimously by voice vote, 5-0.
Councilman Galligan made a motion to introduce the proposed ordinance; seconded by Vice Mayor Coffey;
approved unanimously by voice vote, 5-0.
Mayor Janney requested CC Musso publish a summary of the proposed ordinance within l5 days of
proposed adoption.
b. REPORT ON CITY ROLE IN MILLS-PENINSULA IIOSPITAL RE,PLACEMENT
CP Monroe noted that at Councilwoman Baylock's request, a report on the City's role in the Mills-Peninsula
Hospital Replacement was presented to Council for their information and discussion.
8. CONSENT CALENDAR
Councilman Galligan requested that the special study session (item 8f) on October 29th with the San Mateo
County Transportation Authority be held in the Council Chambers so it may be taped for further viewing by
residents, and requested the meeting begin at 5:00 p.m. instead of 7:00 p.m.
Councilwoman Baylock pulled item 8i) Adopt a Resolution Supporting Measure C for further discussion.
a.RESOLUTION #106.2002 AUTHORIZING TRANSFER OF FUNDS FOR 2OO1/02 BUDGET
ACM Becker recommended Council approve Resolution #106-2002 adjusting selected appropriations as
described in staff report.
b.RESOLUTION #107-2002 AUTHORIZING LOAN TO SEWER FUND
ACM Becker recommended Council approve Resolution #107-2002 authorizing loan to sewer funds.
c. APPROVE ANNUAL REPORT OF THE DISTRICT ; ADOPT RESOLUTION #108-2002 OF
INTENTION TO CONTINUE SAN TEO COUNTY TOURISM BUSINESS
IMPROVEMENT DISTRICT. TO ESTABLISH THE BASIS FOR AND TO LEVY THE
ASSESSMENTS FOR TIIE DISTRICT FOR THE YEAR 2003.AND TO SET DATES FOR
PUBLIC HEARINGS ON THE DISTRICT AND THE PROPOSED ASSESSMENTS
ACM Becker recommended Council approve the annual report and adopt Resolution of Intention #108-2002
and set the public hearing for 7:00 p.m. on Monday, November 18,2002.
d. RESOLUTION #109.2002 ACCEPTING CALIFORNIA DRTVE RESURFACING PROJECT
DPW Bagdon recommended Council adopt Resolution #109-2002 accepting the California Drive resurfacing
project in the amount of $858,940.
Burlingame City Council
Unapproved Minutes
aJ October 7,2002
e.APPROVE RESOLUTION #110.2002 REVISION TO PLANNING COMMISSION RULES OF
PROCEDURE
CP Monroe recommended Council approve Resolution #ll0-2002, review and approve any changes to the
Planning Commission's Rules of Procedure.
f. OCTOBER 29. 2OO2 SPECIAL STUDY SESSION WITH SAN MATEO COUNTY
TRANSPORTATION AUTHORITY
DPW Bagdon recommended Council set a special study session with the San Mateo County Transportation
Authority for October 29,2002 at7:00 p.m. in Conference Room A. Please Note: the meeting time was
changed to 5:00 p.m. at the request of Councilman Galligan.
g. APPROVE RESOLUTION #111-2002 ADOPTING THE COOPERATM AGREEMENT
WITH SAN MATEO COUNTY TO TER THE R.EHABILITATION LOAN
PROGRAM FOR BURLINGAME AS A PART OF THE COMMUNITY
CP Monroe recommended Council adopt Resolution #lll-2002 to approve the cooperative agreement with
San Mateo County to administer the rehabilitation loan program for Burlingame as part of the community.
h. UPDATE ON FINANCIAL INFORMATION PRIVACY ORDINANCES
CA Anderson recorlmended Council follow court rulings regarding the ordinances adopted by the City of
Daly City and the County of San Mateo and determine in January 2003, whether to pursue a similar
ordinance in Burlingame.
j.WARRANTS AND PAYROLL
ACM Becker requested approval for payment of Warrants#84466-85063, duly audited, in the amount of
$3,369,834.53 (excludes library checks 84591-84641), Payroll checks 149840-150632 in the amount of
92,625,161.55; and EFT's in the amount of $533,692.77 for the month of August, 2002.
Councilman Galligan made a motion to approve the consent calendar, excluding item 8i); seconded by
Councilwoman O'Mahony, approved unanimously by voice vote, 5-0.
i. ADOPT RESOLUTION #112-2002 SUPPORTING MEASURE C
CM Nantell recommended Council adopt Resolution #ll2-2002 supporting Measure C on the November 5,
2002ballot, which would authorize the San Mateo Union High School District to use Measure D funds for
demolition and construction projects at Burlingame High School and other district sites.
Burlingame City Council
Unapproved Minutes4
October 7,2002
Councilwoman Baylock gave her input and concerns regarding Measure C. Councilman Galligan made a
motion to approve item 8i), Adopt Resolution #ll2-2002 Supporting Measure C; seconded by
Councilwoman O'Mahony, approved by voice vote,4-1, with Councilwoman Baylock dissenting.
9. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings they each attended on behalf of the City
10. OLD BUSINESS
Councilwoman Baylock requested the City consider leasing the Greyhound Depot to the Chamber of
Commerce.
CA Anderson reported Council directed him regarding the following items discussed during the closed
sesslon:
Threatened Litigation (Government Code $ 54956.9(b)(l), (3XC)
Claim of John Taylor
Claim of Estelle Sotomayor
Claim of Raul Nicho
11. NEW BUSINESS
Councilwoman O'Mahony requested CA Anderson research a method to solve the ongoing pigeon problem
on Broadway and Burlingame Avenue.
Mayor Janney reminded the public of two upcoming workshops:
o North End Rollins Road Specific Area Plan - Thursday, October 17,7-9 p.m., Burlingame
Recreation Center
o Burlingame Bayfront Specific Area Plan Update - Tuesday, October 22,7-9 p.m., Doubletree Hotel
Commission Minutes: Beautification, September 5, Traffic, Safety & Parking, September 12, Parks &
Recreation, September 19, Planning, September 23,2002
b. Department Reports: Building, September 2002; Police, August 2002
c. Report on PG&E Bankruptcy: Proposal for New Franchise Agreement with City
d. Letter from RCN concerning construction progress
e. Memorandum from City Planning concerning Withdrawal of Appeal at826 Alpine Road
Burlingame City Council
Unapproved Minutes
a.
a.
5 October 7,2002
12. ACKNOWLEDGMENTS
13. ADJOURNMENT
Mayor Janney adjourned the meeting at7:44 p.m. in honor of Marie Lemos', mother of Noel, who recently
turned 102 years old. She also adjourned the meeting in memory of Lillian Gladysz, mother of Dolores
Harrison and mother-in-law of former Mayor and Councilman, Bud Harrison. Mrs. Gladysz recently passed
away.
Respectfully submitted,
Ann T. Musso
City Clerk
Burlingame City Council
Unapproved Minutes6
October 7,2002
STAFF REPORT
HONORABLE MAYOR AND CITY COUNCIL
October 8,2OO2
PUBLIC WORKS
AGENDA
ITEM #
MTG.
DATE
10t21to2
5a
TO:
DATE:
FROM
SUBMITTED
BY
APPROVE
BY
SUBJECT:
ADOPT ORDINANCE AMENDING SECTION I3.24.0I5 REDUCE SPEED LIMIT ON
OCCIDENTAL AVENUE BETWEEN BARROILHET AND EL CAMINO REAL TO.FIVE MILES PER OUR
RECOMMENDATION: It is recommended that City Council hold a public hearing toA. Adopt proposed ordinance.
B. Direct City Clerk to publish a summary of the ordinance within 15 days of adoption.
BACKGROUND: The City received the attached letter by a resident of Occidental Avenue requesting action be
taken to reduce the vehicle speeds on Occidental Avenue. The item was agendized for discussion at three Traffic
Safety and Parking Commission (TSPC) meetings. During those discussions, staff conducted studies and
evaluated various options to address the vehicles speeding.
The primary concems were high vehicle speeds on Occidental Avenue and sight-visibility at the intersection of
Occidental Avenue and Chapin Avenue which posed a potential hazadto her-family and pets. The resident also
expressed a concern over the noise of accelerating cars on Occidental Avenue.
DISCUSSION: To address these concerns, a stop sign warrant study and two new speed studies were conducted.
The results ofthe stop sign study demonstrated that stop signs were not warranted at the intersection of Occidental
Avenue and Chapin Avenue based on volume and accident history.
Two studies (done two months apart) determined that the critical speed is 32 mph on Occidental Avenue.
Although the studies did not support a change in the current posted speed limit of 30 mph, staffrecommended to
the TSPC that occidental Avenue be posted for a 25-mph speed limit due to:
' Reduced driving lane widths caused by a narrow street and permitted on-street parking.. Impaired sight-distance at certain inteisections.
. Numerous driveway access points.
The TSPC concurred with the staffrecommendation at their September 12,2002 meeting.
In order to make the reduction in the speed limit effective, the Police and Engineering staff is requesting an
ordinance amendment to delete Occidental Avenue from the list of streets in Chalter t2.14.0t5 for a speea iimit
of 30 mph as follows:
"Chapter 13.24.015 - Thirty miles per hour:
No person shall drive a vehicle upon any of the following designated streets at a speed greater than thirty miles
per hour:
* (a) Peninsula Avenue between El camino Real and califomia Drive;+ (b) Hillside Drive between Alvarado Avenue and El camino Real.
S:\A Public Works Directory\Staff Reports\Occidental Speed Limit.wpd
cc
StaffReport
October 8,2002
Page2
"The Director of Public Works is authorized and directed to procure appropriate signs giving notice of said prima
facie speed limits, and to erect the same upon the above designated streets."
Police officers will start to enforce the new 25 mph speed limit 30 days after adoption of the ordinance
amendment.
BUDGET IMPACT: Funding is available in the Sheet Maintenance budget for re-signing Occidental Avenue.
EXHIBITS: Ordinance
Resident Letter
TSPC Minutes - September 12,2002
Chou, Traffic Engineer
(6s0) ss8-7230
City Clerk
Police Department
TSP Commission
S:\A Public Works Directory\Staff Reports\Occidental Speed Limit.wpd
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ORDINANCE No.
ORDINAIICE OF THE CITY OF BT]RLINGAME
AMENDING SECTION 13.24.015 TO REDUCE TIIE SPEED LIMIT ONOCCIDENTAL AVENUE BETWEEN BARROILHET AVENUE AI\ID EL CAMINO
REAL TO TWENTY.FIYE MILES PER HOUR
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Currently, Occidental Avenue between Barroilhet Avenue and El Camino Real
is legislated ata30 mile per hour speed. Residents of the Occidental Avenue neighborhood have
requested the City to reduce the speed limit. Following a study by the Public Works Department
that found that a speed reduction was justified by the nature of the roadway, accident history, and
uses in the neighborhood, such as schools and churches, the Transportation, Safety & parking
Commission recommended that the speed limit be reduced to 25 miles per hour. This reduction
appears justified and should be implemented.
section 2. Subsection 13.24.0rs is amended to read as follows:
13.24.015 Thirty miles per hour.
No person shall drive a vehicle upon any of the following designated streets at a speed
greater than thirty miles per hour:
(a) Peninsula Avenue between El Camino Real and California Drive; and
(b) Hillside Drive between Alvarado Avenue and El camino Real.
The director ofpublic works is authorized and directed to procure appropriate signs giving notice
of said prima facie speed limits, and to erect the sane upon the above designated streets.
Section 3. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certiff that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 7th day
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of October,2002, and adopted thereafter at a regular meeting ofthe City Council held on the _
day of 2002, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Ciff Clerk
C:\Documents and Settings\dmortensenV,ocal Settings\Temporary Intemet Files\OlK2C\speedoccidental.pwd,wpd
2
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,{F
Tanye McJcigh, Petcrson
340 Occidental.{venue
"iiurfniame CA 940i0
(6s0) ss8-ll7s8
]
:ii
April 18,2002
Ms. Doris Morteren
Secretary- Traffic Safety& Pa*ing Commissbn
City Hall - 501 Primrose Ave.
Burlingare, CA 94010
,:.,,,
hipin eud dccirlcrt*I AvenudsRe BEnd fnterscctfrrn rad Exeesiivc S@ing *C Ci
" Dear Ms. Mortensen:: - :-:
Yours
ffi
fr
I rpcedty a"d" a comphint to the Burlingame Polioe Departmed with nespect to an
foe"*"fun lrezr my husband's ad.ny horre at u,lich *: Ft* bothvitnessed TY"$npq4gl6s lnvotfu UotnnEhfules ald pdestrims Subsequ'etr to ry ooryffi, rty
- hu$anO, Rfoh, spoke at lerrgthwith sengeant Dawtr Cutler \{fto rccomrended that we
unie ygu to request to bepEoed orr;our traffc q@ty con9ryryilrn ryrtgu , Td"-"t"tty' ',iitfti tlxe pqssihle ib ttat my titrStam ana t canaiscuss this issre with tk comisshh
ind€tail
jl
As babk€roud, rrybenrrehicles or pedesfiam ttuyd west on C@pin Arrcnue agm.e] $T
Reel, thJy ercounter a blid intersection at Occidental Arrcntre. Th frct that Oacid€ntal ad
. Cqryma"*oo do not int€r$ect at.right aryles creates th blind mttne ofthb intersectbn.
Itowener, the frct that thre is m stop sigo at this intersctioq inaddition to the high overallrate
ofryeed (very corrrnron for spds to reach 45-50 MPH as c:trs spged northward 9"i*
O6a.er*af Ave. towards Ctapin erre., eitkr tumfu€ rig{t at llla1ll 1*. or contipqirg down to
.
y,hry Occidentat Ave. and Ei Camino Real rreQ, contribute to this da4gerous situatior".
It is my opinion, ad that ofnearty all ofour reighbors with rryhom we harrc spokerg ttnt.tn'o
rhings-G to be addressed here - spd ad the blind intersection And it seem very ,
Or:cilental Ave. and its cr.oss streets-at Burlingame ad Chapin Avenues. ' '-
:
I utrd€rstaod from my hustad's conversatbn with Sergeant Cutbr that tlliS.:ituation camot
be solvd overnigh -A tfrlt there are a variety ofprccedures inplaoe to addl€ss the +.*-
As qrch uy hu$md md I verymrch bok forwarrrt to discusing this issue wi'th th
eorimission bd holil hp" thri something can be dorre to demonstrabty irryrove this l
sit.uatbnbefore thereb i seriorn futiuryor deathto amotori$ and/or pdestrianhere
In advance, thank you very much for your consideration ofthis rquest-
fumtu
CC: Hon Cathy Baybck - Burlingame City C-otrcil
Mr- Hamayotm Barekat -Traft Elrgineer, City of Burlingarne
Sgt. Dawn Cutler- Burlingame Police pepartment
.::ji
22 M2APR
TRAFFIC, SAFEW AND PARKING COMMTSSION
Meeting Minutes - Unapproved
Thursday, September 12, 2OO2
1. CALL TO ORDER. 7:00 p.m. by Vice Chair f,yans.
2. PLEDGE OF ALLEGIANCE TO THE FLAG.
3. ROLL CALL. 3 of 5 Cornmissioners present.
4. CURRENT BUSINESS.
4.1 ACTION ITEMS.
4. 1 . I Approval of Minutes for Augu st 8 , 2A02
The minutes were submitted and approved with one correction of ltem 4.2.1, first paragraph:
replace the last sentence with "ehaifMclver zuggested meeting first'with the C-l and C-3 areas
(including Burlingame Plaza) dunng the regular September Traffic Commission Meeting. The
Commission will meet later with the M-l area. The last area to meet with will be the R-l area.'
4.1.2 Special Meeting to Discuss Hillside Drive Speed Bumps
Vice Chair Evans suggested this meeting be held in conjunction with the next regular Traffic
Commission Meeting and the other commissioners agreed.
4.2 DISCUSSION ITEMS.
4.2.1 Millbrae BART Station - Parking knpacts on City sheets - Possible Parking Restrictions -
Commercial Area west of California Drive to Burlingame Plaza Area
Comm. Cohen explained that the Commission is looking for input from the cornmercial area so
that the City can proactively address potential parking problems possd by BART parking in this
area. From the floor, Mr. Pearcr. already has his private property posted and suggested parking
permits if BART causes a problem.
Mr. Chou advised that he received two responses: a business at 1860 Et Camino Real supports
a two-hour parking limit; and a business at 1515 Trousdale Drive has on-site parking for patients
already, but employees park on the street and may be affected by BART customers.
For next month's meeting, notices will be sent to the M-l area east of the railroad tracks to
Highway 101 and up to David Road.
4.2.2 occidental Avenue - speed Zone change and Stop Sign Request - Irtter
Mr. Chou advised that after looking at sped limits on other str@ts, staff is comforable with
consideration of reduction of the speed to 25 mph on Occidenlal Avenue. Sgt. Ctrtler advised she
had spoken with two Traffic Commissioners - one mighthave aproblem wittr it, the othelyo;,
The AOldBurlingame
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, September 12, 2AO2
not as long as it was a legal Engineering traffic strrdy ad had the same criteria. Mr. Chou
performed a speed study of 200 vehicles on a weekday during non-peak hours and the critical
speed was 32 mph; and although staffwould look at making it 30 mph, they will look at other
factors to justiS the 25 mph as part of the study.
From the floor, Mr. Peterson submitted a petition for their neighborhood to be included in the
Residential Traffic Calming Program and a neighbor's letter and stated that the 25 mph limit
would be terrific. However, he also strongly favors 4-way stop signs at Occidental and Chapin
Avenues. Ms. Mercalfe stated exiting her driveway is very difficult with speeding traffic going
by. She recommends stop sigos ad25 mph limit. Mr. Mason stated although 25 mph limit is not
the best idea, stop signs are necessary. Mr. Malaspina stated he can hear drivers 'punch it"
coming offof El Camino Real and go speeding by all the time.
Mr. Erbacher advised that there have been only two accidents inthe late '90's which could have
been due to speed, and the traffic volume and pedestrian volume are too low to warrant stop signs
at this site. Therefore, if this commissionrecommends stop signs to Council, staffwould disagree.
Vice Chair Evans supports lowering tire speed to 25 mph as a first step and using intensive police
enforcement to see what effect it would have on the traffic, as well as installing enlargedipeed
limit signs. Sgt. Cutler advised that the speed would be radar-enforced as a result of the speed
survey. It was moved and seconded (Conims. De Angelis/Cohen) to make this an Action item
immediately. It was then moved and seconded (Comms. De Angelis/Cohen) to recommend to
Council to reduce speed to 25 mph between El Camino Real and Barroilhet Avenue with increased
police enforcement and to install enlargd speed limit signs and rwo Speed Enforced by Radar
signs, one each way, and to include this site in the Police Department's Selective Enforcement
Report. Unanimously approved by the Commission.
Mr. Mason asked that the intersection be marked with 25 mph in the pavement as nell. Mr.
Erbacher stated that speed rrarkings onpavement are usually not done due to maintenarrce costs;
instead, the City will install raised centerline markers near the Floribunda intersection and the
Chapin intersection to encourage reduced speed.
4.2.3 Joint Council-Commission Meetipg - October 7,2002,6:30 p.m.
After a brief discussion, staff agreed to prepare a list of items for the Commission to present to
Council which include: suggest overnight parking remain status quo; budgeting for more police
enforcement; BART input rneetings; and list of RTCP requests awaiting funding. Vice Chair
Evans will be absent from this meeting.
4.2.4 ReErest for Height Limit Parking on Occidental Avenue at Bellevue Avenue
Mr. Erbacher will send a letter to the petitioner advising that this site belongs to County of San
Mateo. Also, the problem of sight distarce is a Hillsborough iszue.
7lp Cityof Burtingarne
STAFF REPORT
AGENDA 5bITEM#
MTG.
DATE tol 2rl02
TO:HONORABLE MAYOR AND CITY COUNCIL aBY
DATE:Oc.toher 4- 2OO2
FRoM: Parks & Recreation Director (558-7307)BY
srrBJECr: C0NSIDER APPROVAL OF (A) RESOLUTION TO LEASE
OF PROPERTY AT 783 CALIF'ORNIA DRTVE FOR USE AS A TEEN
CENTER, (B) RESOLUTTON AUTHORTZTNG TRANSFER OF $100,000
IN CAPITAL FUNDS DESIGNATED FOR IMPROVEMENTS TO THE
RECREATION CENTER TO THE TEEN CENTER AND (C) DIRECT
STAFF TO SEEK FUNDING OPTIONS
RECOMMENDATION: It is recommended that Council review, consider approval of (1) the
lease at 783 California Drive for use as a Teen Center, (2) the transfer of $100,000 in capital
funds designated for improvements to the Recreation Center to be used for Teen Center
improvements and start-up costs and (3) direct staffto seek funding options, including the lease
of The Depot and subleasing portions of the Teen Center.
BACKGROUND:
The City Council, at its September 16, 2002 meeting, directed staffto pursue a lease agreement
for the property at 783 California Drive for the purpose of hosting activities for teenagers.
Additionally, staffwas directed to establish funding options for the one-time improvements and
the operating costs to the facility.
The facility has approximately 6,000 sf of program space - enough for a wide variety of teen
activities, including basketball, game tables, homework/computer rooms and hang-out areas.
The citizens committee, the Parks & Recreation Commission and staffall support the prospect of
a multi-use facility, as a temporary facility until a permanent Community Center can be
constructed.
Options (or a combination thereof) for Council consideration that have been identified are:
1. Direct staffto proceed with entering the lease at 783 California Drive for use as a Teen
Center;
2. Transfer $100,000 CIP funds designated for improvements to existing Recreation Center
to cover the tenant improvements necessary and start up costs;
3. Continue to seek in kind labor and donations to minimize the use of city funds for the
tenant improvements and other capital needs;
4. Direct staffto proceed with raising additional revenues through adjustment to recreation
fees that in combination with the possible leasing of The Depot andlor some of the 783
California space will adequately cover any additional operational cost associated with the
interim teen facility.
v
5. Delay entering into the lease of 783 California Drive until:
a. donation and in kind contributions can be identified to cover xo% of the tenant
improvement costs;
b. identifying how xolo of the annual operating cost can be covered by new revenue
sources other than those that would have otherwise been available to cover
existing operating shortfall between recreation revenues and budget costs;
c. providing more certainty of how much of the annual operating cost could be
covered by leasing the bus depot and subleasing a portion of the 783 California
Drive space;
d. the cost of an interim teen facility can be considered against cost and service level
reductions that will be presented to the Council in January or February of 2003 as
part of a plan to address projected $4 million shortfall between projected revenues
and expenditures for 2003-2004.
6. Direct staff, in light of the current economic shortfall, to discontinue pursuing an interim
teen facility and instead use any revenue increasing capacity to reduce subsidy need to
fund existing recreational programs.
BUDGET IMPACT:
Budget impacts associated with the lease of this property include: expenses, transfer of one-time
capital funds, revenues & in-kind services. General fund money will be needed for costs not
covered through donations, user fees, sponsorships, leases or other funding sources. Programs
for teens and senior citizens traditionally fall under the human services component of recreation.
General Fund support is typically needed in order to provide these services.
The impact to the General Fund will depend on the final direction from City Council regarding
what new revenues would be allowed to be used to cover projected annual operating costs and
tenant improvements. Based on our last discussion with the Council a likely scenario would be:
Pre-opening costs
One-time tenant improvements $125,000
Start-up costs (furniture, sports equipment computers, etc.) 23.000
Total projected annual costs: $148,000
Authorize use of up to $100,000 previously authorized for Recreation Center ofEce modifications
in the current Recreation Center and cover as much as possible from in kind labor and donations.
Proiected annual operatins costs
Lease & maintenance $85,000
Program staff, supplies, equipment 70.000
Total projected annual costs: $155,000
Proiected revenues
Rental of Bus Depot $18,000
Sublets in Teen Center 12,000
Increasing recreation class registration fee by $3 40,000
User fees 18,000
Program sponsorships 15,000Fundraisers 10,000
Youth Advisory Committee events 5.000
Total projected annual revenues: $118,000
Impact on the General X'und: $37,000
(General fund impact will be lessened if additional funds can be found
from grants, sponsorships, donations or increased user fees)
Expenses
Several one-time improvements need to be made to the facility, including bringing the restrooms
in compliance with the Americans with Disabilities Act and fire regulations, repairs to the
flooring, electrical upgrades, etc. Estimated costs forthese improvements are $125,000.
The annual lease is for an initial term of two years, with three options of two years each. The
lease payments in years l-6 have been reduced as part of the negotiations by a total of slightly
over $61,000 in exchange for the City facilitating the one-time improvements. Many of the
improvements need to be made for the City's use of the facility, not for a typical rental by the
property owner.
Annual maintenance costs for the facility have been estimated at $20,000. This includes the
custodial costs, as well as the basic repairs or improvements to the facility, furnishings or
equipment.
Capital outlay will be necessary for start-up items such as computers, pool table, furniture, sports
equipment, etc. Donations will be sought to reduce these costs.
Operational costs include items such as facility overhead, program staffand program expenses
(D.J. for dances, food, sports equipment, computer software, etc.). Specific programs have not
yet been developed. Fees for membership cards, entrance to drop-in hours, program fees and
sponsorships will all be explored and sought to defer the operational costs.
Transfer of One-Time Capital Funds
The Parks & Recreation Department has budgeted $100,000 to improve inadequate offrce space
in the Recreation Center. If 783 California Drive is leased, staffwill be relocated to that facility;
therefor the improvements to the Recreation Center will not be needed" Staff recommends using
these funds to offset any one-time improvements or start-up items that cannot be secured through
donations or other funding.
Revenues / In-Kind Services
Due to the current financial status of the City, new revenues will be sought to cover as many of
the costs ofthe teen center as possible. To this end, several ideas have been considered and
tested for their feasibility"
Leasing of The Depot becomes possible with the addition of the Teen Center. Several different
types of private businesses have been contacted in order to test the revenue possibilities. Staff
believes that leasing The Depot should bring in approximately $1,500 per month.
Subleasing a portion of the Teen Center has also been explored. The front portion may be
subleased to cell phone, food and/or computer software companies; the main portion can be used
on weekday mornings for preschool movement or exercise classes; and the computer areas could
be leased to homework assistance franchises. $1,000 per month is estimated from these uses.
User fees, donations, grants and sponsorships will continue to be sought over the life of the lease
for equipment and program costs. Donations will be sought to help with items such as the
necessary one-time improvements or program sponsorship.
ATTACHMENTS:
A. Resolution approving lease agreement for 783 California Drive / lease agreementB. Resolution approving budget transfer
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING LEASE AGREEMENT FOR 783 CALIFORNIA DRIVE WITH THE
PROFFITT TRUST AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City has been studying the possibility of providing a center for activities
for young people; and
WHEREAS, a community committee and the Parks & Recreation pommission havp ,,
recommended the eventual acquisition and construction of a community facility that would include
these activities; and
WHEREAS, in the interim, the City has explored the possibility of temporary center for
such activities; and
WHEREAS, the real property at783 California Drive is available on a fair lease for a
defined period with options; and
WHEREAS, the property can be improved to meet many of the needs identified in the
community facility study; and
WHEREAS, the Lease Agreement would allow the City to use the property for a variety of
uses to supplement or if need be, replace the facility as a center for activities for young people; and
WHEREAS, the Lease Agreement is in the best interest of the public,
NOW, THEREFORE,IT IS ORDERED:
l. The Lease Agreement attached hereto as Exhibit A is approved, and the City Manager is
authorized to execute the Agreement for and on behalf of the City of Burlingame.
2. The City Clerk is directed to witness the Manager's signature on behalf of the City.
MAYOR
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certifu that the
foregoing resolution was introduced at a regular meeting of the City Council held on the_day ol
,2002, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COLTNCILMEMBERS
CITY CLERK
CITY OF BURLINGAME
APPROPRIATION TRANSFER REQUEST
DATE: October 15,2OO2DEPARTMENT Parks & Recreation
1. REQUEST TRANSFER OF APPROPRIATIONS AS BELOW:
PROJ AMT DESCRIPTIONFUNDDEPTOBJT
Renovation to accommodate office space in the$100,000
Recreation Cenler
One-time improvements and start-up costs for the$100,000
Teen Center, 783 Califomia Drive
FROM:
TO:
z
Justification (Attach Memo if Necessary)
DEPARTMENT HEAD
BY:DATE , O'IS-O7-
REDREOUIREDACTION
Remarks:
COUNCIL
BY:DATE:
AS RE\NSEDAS REOUESTED
CITY MANAGER
3.
Remarks:
RESOLUTION-
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BURLINGAME
APPROVING TRANSFEROF FUNDS FOR FISCAL YEAR 2OO2- 2OO3
RESOLVED, bythe City Council of the City of Burlingame, that
WHEREAS, the Department hereinabove named in the Requesl for Appropriation, Allotment or Transfer of Funds has
requested the transfer of certain funds as described in said Request and
WHEREAS, the Finance Direclor has approved said Request as to accounting and available balances, and the City Manager
has recommended the transfer of funds as set forlh hereinabove:
NOW, THEREFORE, lT lS HEREBY ORDERED AND DETERMINED that the recommendations of the City Manager be
approved and that the transfer offunds as set forth in said Request be effected.
MAYOR
l, JUDITH A. MALFATrI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was
introduced at a regular rneeting of the City Council held on the day
thereafter by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
, and was adopted
STANDARD INDUSTRIAUCOMMEHCIAL MULTI.TENANT LEASE+ROSS
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
am
1 B!.la Provl.lonr ("B.rlo Prcvl.lon.").
l.l Pa,llat:-lhl8 Loaro ("L..x"), dalod lor roloronco purposos only,s Cr)LE ber 30, 2002.tU-, k mads by
and
and
THE PROFFITT TRUST
TY F BURLINGAME
commonly known by the str€el address of 783 California Drive located in the City ot Bur I i nqame
County of San MaLeo , Stato of Cali fornia with zip code 94010 xdtxrx'ttdtil{ El6ffi tsxl(*e6ffi
horsto ("P.Eml3os"). The "Bulldlng" is thal cortaln building containing tho Promises and g6nerally dgscribod as (describe briefly ths naturo ot lho Building):_a commefcjal buifdinq for two tenants. The premises contain approximateLy
5.750 q round. floor s uare feet and a D ffio
ln addltion to Lessoe's righls to us€ and occupy lhe Premises as her€inalter specilied, L6ss€e shall hava non-exdusiv€ rights to thg Common Areas (as dslinod in
Paragraph 2.7 below) as h€reinafler specified, but shall nol have any rights to th6 rool, exlerior walls or ulilily raceways ol the Building or to any other buildings in
the lndustrial Center. The Premisas, the Building, th€ Common Arqas, tho land upon which thsy ars located, along with all other buildings and improvemgnts
thereon, aro hsrein collgctjvely r€fsrred to as ths "lndu8ldal Center." (Also seg Paragraph 2.)
1.2(b) Pa*lng un.eseryed vehicle parking spaces ("Unle3orvgd Parklng Spsco3");and six (6)
rsserved vohicle pafting spaces ("Rssorved Parklng Spoces"). (Also see Paragraph 2.6.)
1.3 Tom: -ItrIL y6ars and
-NL
months ("orlglnal Term") commencing November 1 , 2 0 0 2
("Commonccment Dalo") end endlno ("Explr.llon Det."). (Also !106 Paragraph 3.)
1.4 Esrly Po.ab&rlon:n a ('E6rly Posae$lon Dato"). (Also s66 Paragraphs 3.2 and 3.3.)
1.5 Baso Fenl:s5.100-00 p€r month ("Ba3o nenl"), payablo on the"---flEjAL- day ot 6ach monlh commoncing
(colloctively th€ "Pa?tles," or lndlvldually a "P.rty").
i.z(a) Prcml3os: That co{tain portion ot lho Buildlng, incrluding all lmprovsments thoroin or to bo providsd by Lessor undor the t6rms ot lhis L€as€,
Novemtrer 1, 2002 (Abo ses Paragraph 4.)
I X] ll this box is checked, this Lsas€ providos tor the Baso R€nl to be adjusted p€TPAASS$ISj!1LL,
"tt""tr"o t "r"to'1.6(a) Base Bsnl Pald lJpon Erocutlon: $_5+L0.l0as Base Rent for the period N.\vemher 'l , 4002-Novemher 30, 2002
1.6(b) Losseo's sha.s ol Common Areo Oporatlng Erpenses: fortV-eiqht percont ( 48%) ("LeBsoo's sharo") E{ErodrElhl
t.
k)i f,rr a<qrruarpgdosRt{ &Rft aor{sroexg?Epsle*E&a0liat r0ffi{qo@9rDrxa0{dtllrE:[xDofr o(ruolEraxdoL rrda0(adEir(,6D[Exx.
("Securlly Deposlt"). (Also see Pa.agraph 5.)eetinq facifities and other reasonable uses
1.7 Socurlty Deposlt:'!.8 Pemlflod use: recreation and m
s -0-
L!aaor")
r4
l1tt
('Permltted U€e') (Also se6 Paragraph 6.)
1.9 lnsurlng Party. Lessor is thg "lnsu.lng Prrly." (Also se€ Paragaph 8.)
1.10(a) Real Estate 8roke13. The tollowing real estals broker(s) (clllectively, ths "Broker8") and broks.age relationships exisl in this transactjon and are
consentsd to by tho Parties (check applicable boxes) :
Henry Horn & .Sons Incorporated represents Lessor exclusivgly ("Lo$or's Broker");
represenls Lessee exclusivoly ("Lessee's Broker"); or
roprosonls bolh Lessor and Lsssse ("Dual Agency"). (Also s€6 Paragraph 15.)
1.10(b) Paymcnl lo Broko.s. upon lh6 oxocullon ol lhls Loaso by both Parllos, Lossor shall pay lo sald Brokor(s) lolnlly, or ln such soparalo sharos as th6y
may mutually designale ln w.iting, a lse as s€t forth in a separate written agreemenl belween Le;sor and said Broke(s) (or in the evsnl lhere is no separato wringn
agreemsnt b€twssn Lessor and said Broker(s), th6 sum ot $______J for brokerage se ices rcnderod by sak Brokor(s) in connection wilh this lransaction.
1.l l Guar.nlor. The obligalions ol ths Lessoe undsr thi6 Lease ar€ to b€ guarante€d by n a
("Guarantor"). (Also s6e Paragraph 37.)
1.12 Addohda and Exhlblts. Attachod horslo is an Addondum or Addsnda consisting ol Paragraphs 4 9 through
-l-6-,
and ExhiUS
A through -- all ol which constitulo a part of this Loase.
2. Prembo3, Partlng and Common Arcrs.
2.1 Leltlng, Lessor hereby leases to Lessee, and Lesseo hereby leases from Lessor, the Premises, for lho term, at the rental, and upon all of tho terms,
covonants and conditions sot lonh in lhis Lsaso. Unless otherwiss provided herein, any statemeni of square lootags sel lorth in this Lease, or that may have been
us€d in calculaling rental and/or Common Area Operating Expenses, is an approximation which Lessor and Lessee agree is reasonable and the rental and
Lessee's Shar€ (as dofin€d in Paragraph '1.6(b)) based lhereon is not subject to revision whethor or not the aclual square foolage is morc or lsss.
2.2 Condltlon. Lossor shall doliver the Premises to Lessee clean and lree ol debris on the Commoncemonl Date and warranls lo Lessee that the oxisling
plumbing, eleclrical syst€ms, fire sprinkler system, lighling, air conditioning and heating systems and loading doors, if any, in the Premises, other than those c!n:
slructed by Lessee, shall be in good operating condilion on the Commencement Date. ll a non'compliance with said warranty exists as of th6 Commsncement
Date, Lgssor shall, excepl as olherwise provided in this Lease, promptly after r€coipt ol writton notice lrom Lessee setting fonh with specilicity the naturo and
exiont ol such non-compliance, rsctify same at Lessor's expense. ll Lessee does nol giv€ Lessor written notice of a non-complianco with this warrant within thirly
(30) days atter thg Commonc€msnl Dalo, cor€ction ol thal non-compliance shall be the obligation o, Lessee al Lesse6's sole cost and oxp€nss.
2.3 Compllance wlth Covenants, Reslrlctlons End Bulldlng Code. Lessor warranls lhat any improvemenls (other lhan those conslructed by Lessee or
at Lsssas's dheclion) on or in lh€ Premis€s which have b€6n mnslructed or inslalled by Lessor or wilh L€ssor's consenl or al Lessor's direction shall comply with
all applicabl€ covonants or reslriclions ol record and applicabl€ building codos, requlalions and ordinances in ellecl on lhe Commencoment Dale. Lessor iurlher
waranls to Lessee lhal Lessor has no knowledge ol any claim having been made by any governmental agency that a violalion or violations ot applicablo buildin0
codes, regulations, or ordinances exisl wilh regard to th6 Premises as of lhe Commencement Dale. Said waranties shall not apply to any Altorations or Utilit
lnstallations (dolined in Paragraph 7.3(a)) made or to b€ ltlade by L6ss66. ll lh6 Premises do nol comply with Said wanantios, Lessor shall except as othorwisa
provided in this Lease, promptly alter recelpl ol written nolice lrom Lossoo givon within six (6) months following the Commoncemont Date and sotting lorlh with
spgcilicity lho naturo and extent of such non-compliance, lake such action, at Lessois oxpense, as may bo reasonable or appropriatolo rectify ths non-compli-
ance. Lessor makes no waranty that tho Permitted Use in Paragraph 1.8 is permiltod for tho Premises under Applicable Laws (as definod in Paragraph 2.4).
2.4 Accsplance ot Premls€s. Less6e hereby acknowledges: (a) that il has been advised by tho Brok6r(s) to satisfy itsell with resp6c,t to th€ condition ot
tho Promisos {including but nol limited to tho oloctrical and fire sprinkler syslems, sacurity, environmental asp€cts, seismic and earthquake requkemonls, and com-
plianco with lho Amoricans with Disabilitios Acl and applicablo zoning, municipal, county, stalo and fedoral laws, ordinances and rogulations dnd any covonanls or
reslricfions of rocord (coll€ctively, 'Appllcrblo Laws") and lho prosenl and luture suilability ol the Premises lor L6ssoe's intondsd us6; (b) that Les'seo has mad6
such invostlgalion as It deoms nocessary wilh roloronco to such mall€rs, is satisliod wilh rolorenco lhsr6lo, and assumos all rssponsibiiity theroloro as tho a,ame
I6lal€ lo Lessoe's o@upancy ol lho Promisos and/or lho torms ol lhis Leass; and (c) lhat n€ilh€r Lossor, nor any ol Lsssor's agents, has mads any oral or srrinon
repaosenlations orwarranlies wilh r6sp6ct to sald matlers olhor lhan as set forth in this L6ase
- .. -2.5_ Lo$oo.a3Ptlol OrYn./Occupant. The wanantjos mads by Lessor in this Paragraph 2 shallb€ ol no lorc€ or sfiect it immsdiatsly prior to ths dato sot
lorlh in Paraqraph 1.1 Lossso was tho ownq or o@upanl of lhe Premis€s. ln such 6v6nl Lassoo shall, at Lesseo's sole cosl and expense, 6orrecl any nonom-
plianco ot tho Prsmis€s with sald wananties.
O Am€rban lndustrial Real Estats Association 1993 ULTI.TENANT - GROSS
nermi tted Lrv Citv code-
lnltlal.:_
. -__2.6 'Vchlcb Paltlng. Lssseo shall be €ntidod to use lhe numbor ol Unresorved Pa*ing Spaces and Res€rv€d Parkino Spac€s Ep€cified in paraoraDh
]J21b) on thoso porlions ol lho c,ominon Ar6as designaled trom time to timo by Lessor lor parkiig. Lessoo shatl not uso more pirking spaies ttran saio nuitubr.
Pa]q Pa .l.ng spacos shall. bo used lor p-arking by vehiclss no largsr than lull-size passenger aulomobilss or pick-up trucki, hor;in calted -permlttsd Slr.Y.hlcl..." V6hldes olhor than Pormhed Slze Vohicles shall b€ parkod and loaded or unloadod as dlrocled by Lessor lnihe Rulos and Regulations (as detinsd lnParagraph 40) lsGuod by Losoor (Also sos Paraor6ph 2.9.)
conlraclors or lnviloos lo b€ loaded, unloaded, or parkod in ar6as olhgr lhan lhose d€sEnatod by Lossor lot such aclivilios.
. (b) ll Lossee p€rmits or allox,s any ol.lho prohibitod activitios describod in lhis Paragraph 2.6, thon Lossor shall have the right, wilhout notico, in addi-
tion lg.such olh€r rights and ,emedies that it may hav€, to romovg or low away lhe vehicl€ involved and charge tho cost to Le6see, whici casl shall bo im;odiatolypayabls upon d€ma.d by Lessor.
(c) Lessor shall at tho Commencoment Date of this Leas€, provids tho parking lacilltios required by Appllcable Law.
2.7 Common Aroas-Osllnltlon. The te.m'Common Aroas" ls dstin€d as all argas and lacililies outsido th6 Premises and within the oxtErior boundaN
line o, tho lndustrial Conter and interior ulility rac€ways wilhin tho Premisss that are provid€d and designatod by tho Lessor {rom timo lo time tor rtre g6n6iii n;'-
exclusivs us€ ol Lessor, Lssss8 and olhor lossees ol the lndust al Cente. and lheii respoctive emplo-yees, su'pplisrs, shippers, customers, @ntracl6rs and invi-
to€s, induding parking aroas, loading and unloading areas, trash arsas, roadways, sidewalks, walkwiys, parkwayi, drlvewdls and landscaped areas.
2.8 Common Areas-LsaEes'3 nlghts. Lessor heroby grants to L6ss9€. tor lhe boneril ol Lesseg and its employges, suppliors, shlppers, conlraclors,q/slomors and lnvitoos, during tho lerm ol this Lease, the non.sxclusive righl to use, in common with others ontitlod to sJch'use, thaCommon Aieas as thev exisilrom.tims to timg. subiect lo any lighls, powers, and privileges rsserved-by Lessor under lh€ t€rms hsreol or und€r lhe t6rms ol any rules ano ieguiiri6ni oi
roslrictions governing ths use ol the lnduslrlal Center Under no circumslanc€s shall lhe right horein granted to us€ tho Common Aroas'be dgemod to'include lhe
right to storg.any proporly, temporarily or p€rmanontly, in the Comrnon Areas. Any such slorage shail be p€rmiflsd only by the prior wriflon consont ol L€ssor or
Lessor's designalsd agont, which consent may b€ revoked at any time. ln the evenl that any unauthorized storage sha bccur then Lessor shall have the riqhl.wls}oul notica, in addition lo such other rlghts and romedies thal lt may hav€. lo rsmove the property and charge ihe cosl to Lessee, which cost shafl be immidii
atoly payable upon dsmand by Lossor.
2.9 Common A]ga'-Rulas and Rogulallons. Lessor or such olh€r porson(s) as Lessor may appoint shall havs tho exclusivo control and managemont
of lho Common Ar€as and shall have the right, trom lims to lime, lo establish,-modily; dmend and enfdrcri 'reasonable Rules and Regulations wim respeciitrereto
ln accodanco with Paragaph 40. Losses agr€es_lo abide by and contorn to all such'Rul€s and Regulalions, snd to caus6 its employ-ees, suppliers, shippors, cus-tofll€,s, contladols and lnvitoos lo so ablde and contorm. Lessor shall nol be rosponsible to Losaee lor th€ non{ompliance r;ith'sait ru[* ana regiiatioirs by
olher losse€s ol lho lndusldal Cont6r.
2.10 Common A.loa--Chsngoa. l-s66or shallhovo tho dght, h I o:;sot's 6()10 dlscrotk[,lrom tlmo lo llrno:
,. (a) To mako changos to tho Common Arsas, including, without limitation, changes in th€ location, size, shape and number ol driveways, entrancos,patking spaces, pa*ing areas, loading and unloading aroas, ingress, egr€ss, direction or lraflic, landscaped areas, wakways and ulility racoways;
(b) To doss t€mporadly any ot the Common Aroas for mainlsnance pu.poses so long as reasonable accass to tho Premises rsmains available;
(c) To dosignale other land outsido lhs bounda.ios o, ths lnduslrial Contsr to b€ a part ot lhe Common Aroas;
(d) To add addilional buildings and improvements lo th6 Common Areas;
. (g) To use the Common Areas whila snoaood in making additlonal lmprovomonls, ropairs or altoralions to tho lndusldal Cant6r, or any portion thgr6ol;ard
(0 To do and p€rlorm.such olh€t.acls and make such othsr changes in, to or with respect lo the Comrnon Areas and lndustrial C€nter as Lessor may,
in the €xercise ol sound businsss judgment, deem to b€ appropriats.
3. Telm.
3.'l Telm. Tha Commoncemenl Date. Expkation Dale and Original Term of this Lease aro as specifiod in Paragraph 1.3.
_ 3 2 . Eady .Possesslon. ll an Early Possession Date is. specilied in ParagraIh 1.4 and il Lossee loially or panially occupies lho Premises alter the EarlyPossession Dale but prior lo lhe conmqnclm€nl Date, lh€ obligalion to pay Bass Bent shall be abated lor th6 period ol iuch eirly occupanry. All other terms o'f
lhis Lease, howevor,.(including but nol limited to the obligalions to.pay Lessos's Share ol crmmon Area operating Expenses and io carry lhqinsurance requiredby Paragraph 8) shall be in ellocl during such psriod. Any such early possession shall nol aflect nor advanci the Eipiraiion Dato o, the Oriainal Torm.
. _ 3.3 Delay ln.Pogsegglon. ll tol any^reason Lessorcannot d€liv€r possession ol the Premises to Lessee by the Early Possession Dalo, il one is specified
in.Patagraph 13, oJ il.no Early Possession Date isspocilied, by the Commbncemont Dal€. Lessor shall not be subj;ct to any-tiabitily thoreror, nor statt sr]Cfi tiiirie
atlecl lh€ valid-ily ol lhis Lease, or lhe obligations ol Lessee he.eunder, or extend lhe lerm hereot, but in such case; Lessee ihall noi, except as othorrrise providoi
heroin, bs obligaled to pay aenl oI pertorm any olhor obiigation ol Lesseo und€r the lerms of lhis Lease until Lessor d€livers posses'sion of tho pr€inis€s toLosseo. It possassion ol the Premises is nol deliv€red lo Lesseo within srxly (60) days aller lhe Commencemont Dalo, Lessee mai, at its option, by notica in writ,ing lo Lessot wilhin.lsn (10) days atlor lho €nd of said sixly (60) day period, cancelihis I oaso, in which ev€nl lho paitios sha bo dischardod trbni a obligations
Leaso h€reundor shall telminato and be ol no lurlher ,orce or oftocl..Excspt as may be olheMise provided, and rogardteis oiwheh lh'e Original Tirm actually com-mences, il possession is nol lendered to Lessee when required by this Lease and Lessee doos nbl terminale thisleaso, as aloresaid, the-Deriod lree ot thd obtio-
ation to.pay Base Bent, il any, that Lessee would olherwise have enjoyed shall run lrom the dale ol dolivery ol possession and mntinue t6r a perioa equai o ifr'eperiod during which the Lesses would have othorwise enjoyed under the terms hgrgof, bul minus any days-ol delay caused by the acts, chanles or oniissions ol
Less€e.
4. Ront.
..,.4:1^. _
B.89..Rstlt, Loss6o shall pay Baso Ronl and othor rgnt or chargos, as ths samo may bo adjusted trom limo to limo. to Lossor in laMul rnonsy of lhoUnlled Statas, wllloul ollsot or deduclion, on or bo,orB lh€ day on wlrrch il is dud uMur tlrc tornra ol tl s Lsaso. uaso Ront and atl otlter rent dnd ctriro€s'tor a vpsriod during lhe lorm hereol which is lor less than ojle lull monlh shdll b6 proraled based upon lhs actuiil numb€r of days o, tho month invotveo. eaynrEnioieis6Ronl and olhor_charges shall be made to L€sso. at its addrsss stated hgrein or to such olhdr porsons or at iuch olher iddresses as Lsssor may troin rime ro rlmodosignatg in nritlng to L6sse€.
_ 4.2 . Common Atoa Ope.sllng Exp€os€s, Lessoo shallpay to Lossor_during.lhe torm horeol, in addition to thg Base R6nt, Lossee's Share (as spociliod inParagraph 1.6(b)) ol all Common Area Op€rating Expenses, as heroinafto. dolinod, during oach calondar year ol lhs lerm ot lhis Lease, in accordanic wiftr rtriloi:
lowing p{ovisions:
. . . {a). "qgT!o! Arga.OPPralnS ElPonsog" ar€ delinod, tor purpos€s of lhis Lsase, as all costs incurred by Lessor rolating to the ownership and opoFation ol lh6 lndust ial Cente( including, but not limited io, th€ following:
(l) Tho operation, repak and mainlenance, in neat, cloan, good ordor and condition, of the following:
(aa) Tho Common Arcas, lncluding pa ing areas, loading and unloading areas, trash areas, roadways, sidowalks. walkwavs. oarltvavs. ddvo-
ways, laMscapod arsas, st lplng, bumpers, inigation systems, Common Aroa lighling ,adlilies, tences and oat€s, olevatois and roof.
(t b) Exlsrior signs and any tenant dir€clories.
(cc) Flr€ d€t€ction and spdnkler syst€ms.
(ll) Tho cost ot walor, gas, olocklclty and loloplEno to ssrvlc€ lh€ Comrnon Arous.
(ili) Trash dlspooal, prop€rty management and sec'urity s€rvac€s and the costs o, any snvironmantal inspgctions.
(iv) Reserves s€l aside ,or maintsnanc€ and repaf of C,ommon Areas.
(v) Any inctoase above lho Base Real Prop€rty Taxes (as defined in Paragraph 10.2{b)) lor tho Building and the Common Arsas.
(vi) Any'lnsurance Cost lncrease'(as d€linod in paragraph 8.1).
(vii) Tho cost ot lnsuranco cari€d by Lessor wilh @sp6ct lo lho Common Aroas.
(vlll)Any d€duc{ble portlon of an insured loss concGmlng th€ Buitding or th€ Common Aroas.
(ix) Aoy otho, s€rvices to b€ provirod by Lossot lhat are slatsd elsswhe.o in this LEas6 lo bo a Common Area OpeIating Expense.
. . ^(b) Any Common Arsa Op€rating Exp€nsss and Roal Property Ta-xos lhal aro spocilically altributablo to lhe Buildino or lo any olh6r buildinq in lhelnduslrial conter or lo lhe oporation, repair and maint€nancs thereot, shall b€ allocalod entir€ly lo lho Buildtng or lo such othgr Suilljing. Hbwover, any C6mmonAroa operalino.Exponsos and Rsal Prop€rty Taxss lhat ar6 nol sp€citrally atlribulable-to lh€ Burlding or lo aniott16r boitding or lo lh€ oiporation, ropnir'and main-lenanc€ thoroof, Shall b€ equltabiy allocaled by Lossor to all buitdln0s tn lhe lnduslrlal C6ntor.
. - .(9) The inclusion o, lhe improvemonts, ,acilities and sorvicos set forlh in Subparagraph 4.2(a) shall not bo deomed lo impose an obtigation upon
P::911o,"-itI9I lalg laid improvemenls or lacilitios or to provids lhoso servicos unless lho lndusliial Center already has the sam€, Loisor already l;rovides'th6s€rvrcos, o. L€sso, hals agreed etsewhoro ln lhis Lsase to provido lho same or somo of lhsm_
(d) Losses's Sharo ot Common Area Oporaling Exp€nsos shall bs payablo by Lessoe wathin t6o (10) days atter a.oasonabty dotaited statement ofactual.oxp€nses is prasenlod.to L€ssoo by Lossot At Lesaor's option, however, a'n amouht may bo estimaled bi Le6sor from timo to lim; ol Lessoe,s Sharg ol
3lMl.9l]nln9lAroa oporating_Expanses and.the same shall bo payablo monthly or qua(orly, as Lessor shali designate, during oach i2-monlh period ot lheLoaso torm, on lhe.samg day as tho Base B€nl is due herounder. Lossor shall dglivor lo Lesseawilhin sixty (60) days itter the expiration of each catendar vear irearsonady d€tallgcl stalemenl shotving Losso€'s Share ol lhe actual Common Ar6a Oporalino Exponsgs incurred durino the preceainq vear. ll Lessee's oavinentsurdo. this Paragraph 4.2(d) during said prscoding y6ar exc€€d L€sse€'s share as indicated 6n sbid statoment, Lessor-stran i)€ creairEd itre J.or"i.i.L"i, ii ii-
MULTI.TENANT-GROSS
@ Amerilan lndustdal Real Estate Association 1 993 -2-
lnllhl!
paymentagalnst Lesses's Share ol Common Area Op€rating Expensss noxt becoming due. ll Losseo's paymenls under this Paragraph 4.2(d) during said preced-
lno ygar wsrE loss than Lgsseo's Share as indicaled on said stalemont, Lessoe shall pay lo Lossor th€ amount of the dolicisncy within ton (10) days after deliv€ry
by Lossor lo Lossse ot sald statemsnl.
5. , S€curlty DePosll. Lessee shal dopo6it wilh Lessor upon Lessee's execution heroof tho Sscuriiy Deposit set forth in Paragraph 1.7 as security tor L€ss6e's
tailhlul portormanco of Lossgos obligations undea lhis Leaso. lt Lossoo fails to pay Base Renl or oth€r r6nl or chargos duo horounder, or othgMiso oolaults undor
lhis Loase (as dolinod in Paragraph 13.1), Lossor may uso, apply or retain all or any portaon ol said Socurity Doposit for the payment ol any amount due Lessor or
to reimburso or compensale Lessor lor any liability, cost, expense, loss or damage (including attornoys' Iaos) which Lossor may sufler or incur by reason lhereol ll
Lsssor usos or appli€s all or any ponion ol said Security Deposil, Lossee shall within ton (10) days atlor wrillen request thoroforo deposit monies with Lessor sutti-
cient to restore said Secudty Deposit to lhe full amount .equired by this Lease. Any lime the Baso Ront increases during the term ol ihis Lease, Lesse€ shalt, upon
writlen request lrom Lossor, deposit additional monies wilh Lassor as an addition to the Security Deposit so lhal lhe lolal amounl of the Securily Deposit shall ajt all
timos boar lhe samo proportion lo lho lhen current Baso Benl as the inilial Sgcurity Deposit bears to lh6 initial Base Bgnl sol torlh in Paragraph 1.5. Lossor shall
nol bo requirod to keep all or any part ol lhe Socurity Doposit separalo from its general accounts. Lessor sha,l, at tho oxpiration or earliel ierminalion ol the lerm
hsr€o, and after L€sse€ has vacatgd lhe Premises, relurn to Lessee (or, at Lessor's oplion, to lho last assignee, i, any, ol Lesse€'s inlorosl horeid, thal porlion of
tho.Socurlly DepoElt not usod or appliod by Los6or. Unloss olheRvlso oxprossly aorooai in wrilino by t.9s6or, no part oi lho S€curily Dgposil 6holl tjo conild€red to
bs hold In t ust, to boar lnlsresl or olhor lncr€menl lor it6 use, or to be pr€paymonl lor any monies to be paid by Lesses undor thls Leasir.
6. t.e.
6.1 Pomltled 1 ..-
(a) Lessse shall use and occupy the Premises only for the Permitted Use set lorth in Paragraph '1.8, or any other legal use which is roasonably compa,
rable thorsto, and lor no other purpose. Lessee shall not use or p€rmil the use of the Premises in a manner that is unlawlul, creates wasle or a nuisance, or lhat
dislurbs owners and/d occupants of, or causos damage to lhe Premises or nsighboring premises or propenies.
(b) Lessor hereby agrees to not unreasonably withhold or delay its consent to any wrinen requost by Lessee, Lessee's assignees or subtenanls, and
by prosp€ctive assignees and subtenants of Lossoe, ils assignees and subtenanls, lor a modificalion ol said Permined Uso. so long as the same will not impair lhe
skuctural integrity ol the improvements on the Plsmlses or in lhe Building or the m€chanical or eleclrical systems therein, does not conllicl with uses by other
lassses, is nol significantly more burdensome to the Premises or the Building and Ihe improvemenls thereon, and is otherwise permissible pursuant to this
Paragraph 6. ll Lessor elscts to withhold such consent, Lessor shall ,riithin five (5) business days afit r such request grve a w.ilten notilication ol same, which
notico shallinclude an €xplanalion ol Lessor's reasonable objeclions to the change in use.
6.2 Hazaldou3Substances,
(a) Reponable Uses Bequlro Consent. The lerm "Hazardous St bstance" as used in lhis Lease shall mean any product, subsiance, chemical,
matsrial or waste whose presonce, naluro, quantily and/or inlensity of exislence, use, manutacture, disposal, lransporlation, spill, release or etfeci, oither by itsell
or in combination with other matelials expecled to be on the Premises, is eithsr: (i) potonlially iniurious lo the public h6alth, saloty or welfare, the envkonmenl, or
lhe Premises; (ii) regulaled or monitored by any governmenlal authority; or (iii) a basis for polential liabilily ol Lossor to any governmental agency or ihkd party
under any applicabls statule or common law lheory Hazardous Subslanco shall include, but not be limited to, hydrocarbons, patroloum, gasolhe, Crude oil or an,
Eoducts or by-products thereol. Lessee shall nol €ngago in any activity in or aboul the Premises which constitutos a Reporlablo Uss (as hereinatler dgfinod) of
Hazardous Subslancos withoul lhe express prior wrillen consonl ol Lossor and compliance in a timely manner (at Lessoo's solo cosl and expsnso) with atl
Apdicabls Requiromonls (as delinod in Paragraph 6.3). "Beportable Use" shall mean (i) lho inslallalion or us6 o, any abovg or below ground storage tank, (iD the
goneralion, possession, slorage, use, transportalion, or disposalol a Hazardous Substance lhat requires a por,lrit from, or wilh respeat lo which a ropo , notice,
the loregoing, Lessoe may, wilhoul Lessor's prior consonl, bul upon nolice lo Lessor and in compliance with all Applicablo Requirements, us€ any ordinary and
cuslomary materials aeasonably required to be used by Lessee in the normal courss of lho Pormillod Use, so long as such uso is nol a Beportable Use and does
nol €xpose lhe Premises or neighboring properties to any meaningful risk ol contaminalion or damage or expose Lossor lo any liability therotor. ln addition, L€ssor
may (but without any obligation to do so) condition its consenl lo any Reponable Use ot any Hazardous Substanco by Lessee upon Lessee's giving Lessor such
additional assurances as Lesso., in its reasonable discretion, d€oms necessary to prolecl itselt, lhe public, the P@misos and the environmeni ag,inst damage,
conlamination or injury and/or liability therefor, including but not limited to tha installation (and, at Lessor's option, removal on or before Lease expitalion or earlier
tsrminalion) ol reasonably necessary protective modilications to the Premises (such as concrete encasemenls) and/or the deposit of an addilional Security Deposat
under Paragraph 5 hsreof.
(b) Duty to lnlorm Lessor, ll Lessee knows, or has reasonable cause to bolieve, that a Hazardous Substance has come to be located in, on, under or
about th€ Premises or lhe Building, olher than as prsviously conssnted lo by Lessor, Lessee shall immediately giv€ Lessor wrinen notice ther€ol, togelher wiih a
copy ol any stalement, report, notice, regislration, applicalion, permit, business plan, license, claim, action, or proceeding given to, or received lrom, any govern-
mental authority or private party concerning the presence, spill, release, discharge of, or exposure lo, such Hazardous Substance including but not limltei to all
such documenls as may be involved in any Reponable Use involving lho Promisos. Lessee shall not cause oa permil any Hazardous Substance to be spjlled or
rsloas€d in, on, und€r or about the Premises (including, withoul limilation, through the plumbing or sanilary sower syslem).
(c) lndemnlllcatlon. Lessoo shall indemnily, protect, defend and hold Lessor, ils agenls, employoes, lenders and ground lessor, it any, and the
Premises, harmloss lrom and againsl any and all damagss, liabilities, judgmonts, costs, claims, liens, expenses, ponaltios, loss ol permits and ailornoyd'and con-
sullanls' lees arising oul ol or involving any Hazardous Substance broughl onto lhe Premises by or lor Lessee or by anyone under Lossoe's conlrol. Lessee s
oblioalions under this Paragraph 6.2(c) shall include, but not be Iimiled lo, the elfocts ol any contamination or injury to person, properly or the environmont created
or sufiered by Lessee, and the cost ol invostigalion (includjng consullants' and allorneys'fees and tesling), romoval, remedialioo, resloration and/or abatement
lhorool, or of any contaminalion lherein involvod, and shall survive the expiralion or earlier lermination of this Lease. No termination, cancellatDn or release aqree-
mont €ntered into by Lossor and Lesseo shall rel€aso Lessee lrom its obligataons under lhis Lease wilh respect io Hazardous Subslancos, unless specilicaiiy so
agreed by Lsssor in writing al lho timo of such agreement.
, 6'9 Lelsgo's Compllance wlth Requlreme s. Lesses shall, at [ €ssoe's sole cosl and expense, lully, diligonlly and in a timely manner, comply wilh all
about the Premises, including soil and groundwaler conditions, and (iii) lhe uso, genoration, manufaclure, produclion, installalion, mainlonance, romoval, trans-
portation, storage, spill, or release ol any Hazardous Substance), now in ettect or which may hereafler come into eflect. Lesseo shall, within tive (5) days atter
receipt ol Lossor's wrinen request, provid€ Lessor wilh copies ol all documents and intormation, including but nol limited to permits, rsoistrations, manii€st;, appl!
cations, reports and corlificates, ovadencing Lessee's compliance with any Applicablo Requirements specilied by Lossor, and shall immediatoly upon receipl, nbiity
Lo.ssor.in writing (with copies ol any documents involved) ofany lhrealened or actual claim, notice, cilation, warning, complaint or repo.t pertaining to or involvin6
fallure by Lessee or the Premises lo comply with any Applicable Bequiremonts.
6.4. lnsPectlon; ComPllance with Law. Lossor, Lessor's agonts, omployees, cont.aclors and designated represenlatrves, and the holders ol any mod-
gagos, deeds of trust ot ground leases on lhe Premises ("Lenders") shall have lho right to enler the Promisos at any lime in the caso ol an emergency, and other-
wise at reasonable times, lor lhe purpose ol inspecting the condition ol the Premises and lor verilying complianco by Lessee with this Lease and ail Appticabte
Bequiremenls (as defined in Paragraph 6.3), and Lessor shall be entitled to employ experls and/or consultants in connection lhsrewith to advise Lesdo. with
respecl lo Loss-ee's aclivities, including but nol limiled to Lessee's inslallation, operation, use, monitoring, mainlenance, or removal of any Hazardous Substance
on or lrom lhe Pr€mises..The coslsand expenses of any such inspeclions shall b€ paid by the party requesling same, unless a Deiault or'Breach ol this Leaso by
Lessee or a violation o, Applicable Requk€menls or a conlaminalion, caused or materially contributed to by Lessee, is lound to exisl or to be imminent, or unles!
the inspoction is requesled or ordered by a govsrnmsntal aulhorily as lhe result ol any such existing or immineni violation or contamination. ln such case, Lessee
shall upon requssl rsimburse Lessor or Lessor's Lender, as lh€ cass may be, lor lhe costs and oxpensos of such inspeclions.
7. Mslnlenance, BepalB, Ullllty lnstallallons, Trade Flxturss and Alloratlons.
7.1 Lg$€e'sObllgatlons.
(a) Slbject to the provisions ol Paragraphs 2.2 (Condilion), 2.3 (Compliance wilh Covonanls, Reslrictions and Building Code), 7.2 (Lessor's
Obligations), g (Damag6 or Deslruclion), and 14 (Condemnation), Lessee shall, at Lesseo's sole cosl and expense and at all times, keep the Premises and every
parl thgroof in good order, condition and repak (whether or not such portion of the Premises requiring repair, or lhe means ol .opairing tha same, are reasonably or
readily accessible to Lessee, and whether or nol the ns€d lor such repairs occurs as a result o, Lessee's use, any prior use, the elemenls or the age of such por
Pursuanl to Paragraph 72 below. Lessee, in keeping the Promjses in good ordor, condilion and repai( shall exercise and perlorm good maintenanc6 practices.
Lossee's obligations shall include reslorations, replacemenls or renewals when nocessary to keep lhe Premises and all improvementls thereon or a part ihereol in
good order, condition and slate ol repair.
(b) Lesseo shall, at L€ssee's sols cost and 6xpens6, procuro and mainlain a contract, wilh ctopi€s lo Lossor, in customary torm and substanco tor and
wllh a conlaaclor spocializing and exporienced in lho insp€ction, mainlonance and sorvace ol the heating, air condilioning and ventilaiion systsm lor tho Premises-
Howevel Lossor rcsoryos tho righl, upon notice to Losse6, lo procuro and maintain lho contracl lor ths hsaling, air conditionino and vgirlilaiing systems, and il
Lgssor so €locts, Losses shall relmburso Lassor, upon demand, lor the cost ther6ol.
.. . (c) It Lssse€ tails to porlorm Lesso€'s obligations under lhis Paragraph 7.1, Lessor may enl€r upon lho Premises allor ten (10) days' prior writlen
notice to Lossee (exr€pl in lhe case of an emorgsncy, in whict caso no notice shall bo requirsd), pertorm such obligations on Lesseds befrif, and put the
Prsmlses in good order, condition and repair, In ac@rdanco with Paragraph 13.2 below
- 7.2 Lessor'e Obllgatlons. Subject to the provisions ol Paragraphs 2.2 (Condition), 2.3 {Complianca with Covenants, Restriclions and BurtdinO Codo), 4.2(Comlhon Area Opsrating Expensos), 6 (Use),7.1 (Lesso6's Obligaiions),9 (Damago or Deslructiori) and 14 (Condomnation), Lessor, sublecl ro reiirburse'ment
llro sprinUEr and/or standpipe and hos€ (il localod in lhe Common Arsas) or othor aulomalic liro oxtlnouishlng system including liro alarm anAor snioko dotoclion
MULTI.TENANT-GROSS
@ Amsdcan lndustrial Roal Estate Association 1993 --3-
lnltlals:
systems ard €quipmont, fire hydrants, pa*ing tots, walkways, parkways, drlvowayait pa,ts ttereoi, ds weii'"i pnj,-iali,s-iri" se,"icos ror whidi th;re is at".,." x,'"lJffiffi,1lnih:fr: ;t9l6fftfyjJ,'j;ili.::Hi:i""r""ifTiiAsi"1#
lo lorminalo thls Leas€ b€causo of Lossor! taiturs to koop rhe Brrirdi;s, in,J,tiit;ib*t"i oi c;,;;;ilA;;;s-i;;;;;l|l]'c'jnailon ana ropah.7.3 Utlllty tn.t.lta on., Tr.dg Flxtulor, AttoJaflon..
abour rhe pr;mises.,,iiii,:"riiiiiililliilllJ:"",{ili"flLil'ili3"lt,l?i;,l,li5JjlilIffi}%,ii$.llr::lifllr,f",flffiHfll"*"iailptrfij:t{t
Promises. The t€rm "Alton on3" sha mean any moOtficii,on oiifre iinn iiem-eirs on rt6 p,e,n,ses wt icite prwio-oJiv'Lessor unOer the l€rms ot lhis tease.
rnade bY Losseo lhal are nol vel ownod by Lossoi pursrinfto Fiiigrui-h i.ar"t. .Lu".do in"ri- n"i'ri"r,i ""iijr!"-io o" mado any A,erarions or urilirvlnstallations in, on, under or aboirt the Premides withoui l-essor's prioi wriiei consenl. r essee may, howover, mako non-structural utitity lnsrallarions ro rhe rnleriorol lhe Promises (excludino the rool) wilhout Lossor's conionr uu[rrpo, niii"Jio i """or, "o.bng
';s Ihey ar6 nJi vt"loil-t'io-|n tt u outsio" ot lhe premisos, do not
tivo cost th€reol during the term ot this Le,-ase as exrende'd does n-or eiii"o Sz,itio.oo.
(b) consenl' Anv Alt€rations or ulility lnslallalions lhal Lessee shall desire to mako and which requke the consent ot lh6 Lessor shall be present4d loL€ssor in wrinen lorm with delailed Dlans. All conlenrs given by Lesior, wtro-ttrer 6y vrnuo.ot earagraph 7.3(a) or by subs€quent specrtic consent, sha,l be decmed
copy of lhe plans and spocilicaliohs lo-r the Aiteration or lrlility listallati6n'to Lessor prior lo commdncement ot trs'wori- tnereon, and (iii) the comptiance byLess€s with all conditions ol said o€rmils in a prompt and oxpeilitio;; ;;nne,. eny arr"i"rion" or uririty rniriiraiions oy i-iiiu" or,,ng lh" turrn ot lhis Lease shalb€ done in a sood and workmanlike manner,'wirtr ilooo ani;rti;;;i ;;i;;;;i", ;"0 oe in corpliinJe wiir, iii iipiil t]Jt"qri emonrs. Lossee sha, promprtyupon complelion thereot lurnish Lessor with as buiiiplans and specitlcarionJirrlrotor. Lossor miy, lour wirnour oliilaiin to c,o so) conctr1on its consont to anv
and one-half times the ostimated cost ot such Atteraiioir or Ulitity tnatalti[ion. ----
(c) Llen Protectlon. Lesseo shall pay when due all claims lor labor or mate als tr]m6hed or a oged to have been furnished to or ror Lessee al or loruse on lhe Promises. which claims are or may b6 secureo by any moihinic;s or mater.iatmen's rien ;;;;sl ii; F,;;iies-o'iiny intoresr rherein. Losseo sha, oiv€Lossor nol less than len (10) days' notico pridr to the comm,inceheniot un-V-,,uir[ in, on, o,
"bout
lhe- premises, anO Llssor-statt trave the right lo posl norice-s ol
lo Lessor in an amounl €quallo ooe and one-hitt rim"s ine i.ounr oisrrciiiiiiesreo tien ctai- ",'ir"ri"o, i airi,iiiifig'L";ssor aga,nsr r,abrrry ror rho same, asr€quired bv law lor lho hordins of rhe Premises trse rrom rtre enecr or iuirr il;;;6; i;;aiib; i;;; ;i;;ili;i;:itl,'":Ee ro pay Lessors ahorneys. tees andcosls in participating in such aclion it Lessor shall decide it is to its best tntereitib ao so.7.4 Ownerghlp, Removal, Sufiondor, snd Restora on.
(a) ownsrshlD subiect lo L€ssor's right Io requilo lheir romoval and lo cause Lesseo lo bocomg lhe owner lhorool as hereinatte, provrded in thisParagraph 7.4, a Atterarions anil Utitirv tnstattatiois mioejo irr" i,er]io-.'6v i"i"uu.r,"rr uo ,h" p,;p;dy;i ;;;;inej uy,t-esseo, uut considored a oan ot lhePromrs€s' I essor mav al anv lrm€ an" al ils option. ol€cl Ir wriling lo l.ussio to bo.ltro ownor ol dlt or dny sp€cifiod pan bl flrB Lossoo ownod Alter,rlrons and
earlier rormination ot lhis Lease, become rhe prop".tyot leliiiIno irri,i1,i ,ii,"iri" e-,.i#:-*"-;iluo; ;,;;;;;;iil'iiil ili".i"u" uy r-""r"u.
(b) RemovEl' unless olherwise agr€ed in wrilin0,.Lossor may require thal any or all Lesseo ownod Alteralrons or utrlily lnstallations b€ removed bv
anv mo ot all or any pan of any Alteralions or uritity lnsraitarions"miao "iir,"rit Ji.qri,"i i",i;.;i;i t-Ji.JJi.*"
* " '""-
(c) surlonde/Rgstorallon. Lessee shall surrender th€ Pr€mrses bv Ihe end ol the last day ol the Lease term or any earlier torminalion dalo, cleanand lree ot debris and in good op€raling order, condition and ataltol ,ipii. oi,iiniry *"a, uno rear eiiepteo. oroina-rylveai and tear shalt not inctuda anv d;m-
repair ot anv damaoe occasioned bv lhe installaiio;, ;;;io;;;;;mJr-a'i-oi'i-essee's rraae Fixlures, turnishings, equipmenr, and Lessee.owned Atrerations
9round waler clnlaminaled bv Lcssoo. all as may then. bdreqrtruo ui npprt"ore nui;i;;;i;;[d,,; ;il p-I"iiii'J1'1"'i$"s r,"d6 Fixruros shal remarn rheprop€rtv ol Lessee and shall be remov€d by Lossrie suolea ro iis oliigitofiiJ-ffiir ani ,esro,e rr," piiri"li riili]Ji"i]!]'E. lnsurqnce;lndemnlty.
8.1 Paymonl oi Prcmlum lncreasos.
(a) As us6d herein, lh6lerrn "lnsuiance cost lncroase" is delincd as any increaso.in the actualcost ol the insuranco appticable to the Bujldino andrequired lo bo carried bv Lessol drr$"rnl lo Paragraphs e.z1oi.aslaj ino oilu], l"hequrreo rnsuiiicl-'r, i,rii, l,ii
"#,1" te Base premium, as hereinan.rdefined, calculated on ari annual 6asis. lnsurance boit tncreis6: iniriinirrou,iui
"br t
"iimir"a r., i"qri,""il"-rs irir,I iJio", or
" .ong"go or deed or rrusl cov.
amounl shall bo conside'ed tho "Bas€ Premlum." tt a doltar'amoini hii not ouun in"un"o in pa,ag,;pn r.s ind iiiheErifiin'o nas oeen p,
"viousry
ocLupied uur.ing lhe lwelve (! 2) monlh period immediately p,eceainglhe co;.;;i.]iuni'o-#, ii "
.eu"" p,omtJ.5 straii uo ine a",,ili'i'i"L,u, uppr,"urrt6 ro such rlvervs {12)
t€ rosponsibl€ lor any ponion ol lhe prcmium cost allribulablc lo lHbility ,nsr,.,i"o cor",agu ,n uxcuss ol gt,o00,ooo procured unctsr paragraph 8.2(b).(b) Lessoe shall pay any lnsurance cosl Increase to Lessor puasuant to Paragraph 4.2. premiums lor policy periods commencrng prior lo, or exlenrjrngbeyond, the lerm of this Lease shall bo prorated to coincido witlr th€ corrbsponaing iommienbement oaro or Erpiritio,ib'aie.--'4.2 Llabllttylnsurance.
(a) carrled by Le33o€' Lessge shall obtarn and keep in lorce during lhe lorm ol thrs Lease a commorcial General I rabrlily policy ol rnsrrrancs protecring Lesse6, Lessor and any Lende(s) whoso names nave ueoh provioeo o L1.""" in *r,ring q"-;d;r;;;iffi;;;ifi!'h",
",u,.. ,o, oodity injury, p.rsolatIn,ury ano property damaQe based uoon. .involvino, or arising out ol lhe or^/nership, use, occupancy or mainrenance oi th]e premrses and alr aroas appunenanltherelo such insurance shall be on ah occurronce basis proiiding singte timir covdrage.in an air"rlir ""i r"iiinJ"'bi ,6bd,5ob pu, o""r,r"n"e wrh an "Addirionatlnsured Managers or Lessors ol Premises" endorsement ind contiln iiJ"arnLnarnuni orrnu potturion Exctr.rsion; snioiiuri"irio, ou.uge
"aus€d
by heal, smoke
ffir,fd
br Lessee snall be primary ro'and not contriuLrro'ry wirrr iiy ifiiil t;;;;" ;;;; ;i LJ"iii ii"""""":i"-!,i##'iih u" ;;;iiiii,iirj;;;;ilffi;;;
(b) carrlgd by Lessor. Lossor.shall also maintain liability insurance dosqibod in Paraoraph 8.2(a) abovs, in addilron to and not in tieu ot, th6 insur-ance requi.sd ro b€ maintainod by L€ssso. Lesseo shalt not bo namua as a,iiJ,tirtriat insuro,i rt,er6,n'8.3 Propertylnsurance-Bulldlng, lmprovemgntssnd BentalValue.
(a) Eulldlng 8nd lmprovementa. Lessor shall obtain and keep in lorce during the^t€rm of this Lease a policy or potrcies in the name ol Lessor, wrthloss pavable lo Lessor and lo anv I enrlcr/s), insuring againsl loss or damile toitrJrremrses. such insurance shall b6 lor lull reptacemenl cost, as the sam6 shal
by reason ot lhe unhue nature or aoe ofthe imdr;#r*i;l;;i*A ",;
"t"'n""i
"riornr i" ru.. ir,ili;iir;r,i;;il;; ie.ssee-ownea Atrerations and urrrrtylnslallalrons, Tlade Fixluros and l es-see's perso;dl propeny shall be i'i"t roJoi riise" pursudnt to paragraptr 8.4. ll th€ cov.raqe rs avartable and commer.i:,v
lho enlorccmont ol any ordinancg or law regr-rtatrng Ind recorstTu"rion oi ilpiu""uri.nr ol any undamaoed socrlons ol rho Building required lo b€ demorish-ed orremovod by reason ol ths enlorcemonl ol ani builaing, zonlng, iiGiv or r"nJ'rliL*:"
"" t.',"surt ol a"covered ri-s,-uri ioi-in"ruoing pt"r" ghss insu.ance. said
an incroase in lhg annual orooertu insurin4g 66verage amount by a lactor ol'not l€ss tnan ths adJusted u.s. Depadment of Labor consumor prico lnd€x for AitUrban Consumers tor th6 cjty noaiost to wh€re tho pr;miso; a;;-6;l€;:
(b) Rsntal vslug' Lossor shall also oblaln and keep in lorco during lhe rerm ol rhrs I eass a poticy or potroos in th€ namo ot Lossor, with loss payatrt€to Lossor and anv Lsndor{s) insulino lha loss o, the lull l€nlai and orhor cha;g6s payabte by a l€ss€6s ol rhe Buitcting to Lossor ror one year (rnctudinq alt RedlProp€rlv Taros iirsurance' iosrs alt ho-mon. nrea bpe;l;g il;";;;-; iiii'i"! !Ii"a,,r"a renrar increases). said inluranco may provide rhar in rho evonr rr,eLoas€ is t€Iminal.d bv r€ason ol an insur€d loss, rn"'p"noo'J iiJ.,nniri iirl,i.rr-1or"rugo shal be exr€nd;d neyonJitr" j"t" ot tn. comptorion of repairs orroplacemonl ol rhe Pr€mises, ro provido ,or one ruir yoai's rois or renr;i;;;;;i;; tt.r;:i;i;";;Hj;;5;ijii"srjla'nl! srrarr conra,n an asreed varualiunprovrsion in lieu ol any co-insuranco claus6,
-and,th;, amount o, covJag; strJiue ao;usrea annu"rdr; ,"ir.ii1rr"-ilj.iiii '.i"nt"t ,n-.", Reat propeny Taxes.Xlt,flffi ffilHl]"ffJ""ff* Slii:fi8"T*t ir anv, otherwise payaSre, ror rn" "eiiiz..,-iiri-}' i!ai;. b;;;ff6"o";;nne Exp€nses shal incrudo any
(c) Adl'conl Pr€ml3ss' Lessa€ shall pay tor any incroase in ths premiums for th€ property insuranc€ of ths Building anct for the common Aroas orothor buildlnss In ths lnduslrial cenror ir sak incredsr'is carial oy-i"-i;;i ;Jil;;;"i";", ;;i;;""-iirrijiiv-iiiir,i'pii",ric",i!l'
MULTI.TENANT-GROSS
@ Ameri:an lndustdal Real Estats Association 1 993 --4-
lnltl.ls:
' (d) Leesee'L lmp.ovemenlg. Sinco L€ssor ls thE lnsurlng Parly, Lessor shall not bs roquirod to insuro Lessee-Owned Altorations and Utility
lnstallations unloss the ilem in qu€stion has becoms the property ol Lsssor undor lhe lerms ol lhis Lease.
8.4 LssEoo's Property ln8urance. Subjecl to the requirements ot Paragraph 8.5, Lessee al ils cost shall eithor by separate policy or, at L6ssor's option,
by endolsomenl to a policy alrsady carried, mainlain lnsurance coverage on allof Lessoo's porsonal propony, Trade Fixluros and Less€€-Owned Alloralions and
Ulillty lnslallalions in, on, or aboul the Promlses similar in covoraoo lo that carriod by Lossor as tho lnsuring Party under Paragraph 8.3(a). Such insurance shall be
lullrsplacement cost covsrags wilh a deductible not to oxceed $1,000 per occurence. The procoeds from any such insuranc€ shall be used by Lessee lor lh€
replac€ment ol p€rsonal property and lh6 restoralion of Trado Fixturos and Lossee-Owned Alterations and Utilily lnstallations. Upon request lrori Lessor, Lessee
shall pIovido L€ssor with written evidence lhat such insuGnce is in lorcs.
8.5 lnaurEnce Pollcles. lnsurance roquired herounder shall b6 in companies duly lic6ns6d to iransacl busingss in lho slate whero th6 Premisos aro locat
od, and maintaining during the policy term a'General Policyhold€rs Raling" ol at leasl B+, V, or such olher raling as may be required by a Lend6r, as sot lorth in
the mosl curonl issuo ol "Bost's lnsurance Guido." Lessoe shall nol do or permil lo bs don€ anylhinO which shall invalidato lhe insuranco policiss rotersd lo in lhis
Paragraph B. Lesseo shali cause lo be delivo.ed to Lessor, wilhln sovon (7) days allor tho earlior ol lho Early Possesslon Dats or tho Com ioncsmont Dale, corli,
lied copies ol, or cedilicalos evidsncing ths sxislonce and amounls of, lhe insurance reqoked undor Paragraph 8.2(a) and 8.4. No such policy shall be cancelablo
or subject lo moditicalion except atter thiny (30) days' prior w.itt€n notice to L6ssor. Lossee shall at least lhirty (30) days prior to the expiration ol such policies, tur-
nish Lessor with evidonce ol renewals or "insurance binders" €videncing renewal thorgol, or Lessor may order such insurance and charge the cost lh€rool lo
Lessae, which amount shall bo payabl€ by Lessee to Lessor upon demand.
8.6 Walver ol Subrogatlon. Without alfgcting any oth€r rights or remedios, Lssseo and Lessor each hereby release and relieve ths olhsr, and waive lh€ir
€nthe righl to recover damages (wh€ther in contrad or in tort) aoainst th€ other, lor loss or damage to their properly arising out ol or incident to th€ perils required
lo b€ insured against under Paragraph 8. Th€ otl€ct ol such releasss and waivers ol the righl to recover damages shall nol be limited by the amount ol insuiance
cari€d or r€quired, or by any d€ductibles applicable lherelo. Lessor and Less€e agree lo have lheir respectlve insurance companies issuing prope.ly damage
insurance waiv€ any right lo subrogation that such companies may have against Lessor or Lessee, as the case may b€, so long as the insurance is not invalidated
thoreby.
8.7 lnd€mnlty. Except lor Lessor's negligence and/or breach of express warranlies, Lessee shall indemnily, protsct, delend and hold harmless the
Premises, Lessor and ils agsnls, Lessor's master or ground lessor, parlnors and Lenders, from and against any and all claims, loss ol renls and/or damaoes,
cosls, lions, judgments, p€nalties, loss ot permits, altorneys' and consullants' lees, expenses and/or liabililies a.ising out ol, involving, or in conn€ction with, tho
occupancy ol the Premises by Losse6, the conduct of Lessee's business, any act, omission or neglecl ot Lessee, its agents, contractors, employees or invilees,
and out of any D€fault or Breach by Lesseo in the perfo.mance in a limely manner ol any obligation on Lessee's pan to be poriorm€d under this Lease. The iore-
going shall include, but not be limited to, the delonso or pursuit ol any claim or any action or procosding involved therein, and whelher or nol (in the case ol claims
made againsl Lossoa) litigated and/or roduced lo judgment. ln case any action or paoceeding be broughl againsl Lessor by roason ol any ol lhe foregoing matters,
Lgsses upon nolice from Lessor shall delend the samo al Lessee's oxponse by counsel r€asonably satisfactory to Lessor and Lessor shall coopeGte with Lessso
in such delonse. Lessor need nol havo first paid any such claim in order to be so indemnified.
8.8 Exemptlon ol Lessor from Llablllty. Lessor shall nol be liable for iniury or damags to lhe person or goods, wares, merchandise or other propeny ol
Lsssog, Lsssee's employ€es, conlraclors, invit€6s, cuslomers, or any olhor person in or about tho Premises, whelher such damage or injury is causod by or
lh€ lailure by Lessor lo enlorco the provisions of any other lsase in the lndustrial Center Notwilhslanding Lessor's negligenco or breach ol this Lease, Lessor shall
under no circumslancos bo liable lor injury to Lessee's business or tor any loss of incomo or prolit therefrom.
9. Damago 01 Destructlon.
9.1 Deinltlons.
la) "Premlses Partlal Damage" shall mean damage or destruclion to the Premises, other than Lesseo'Owned Alterations and Utility lnstallations, lhe
r€Pai. cost ol which damage or deslruclion is loss than litty percent (50%) of the then Replacement Cost (as dolinsd in Paragraph 9.1(d)) of the Prsmises {exclud-
ing Lessee'Owned Alteralions and utility lnslallations and Irado Fixluros) immediatoly prior to such damage or destruction.
(b) "Prgmlses Total Oestructlon" shall mean damage or destrucllon to the Premises, other than Lesse€ Owned Alteralions and Utility lnstallations,
the repair cost of which damago or destruction is filty percenl (50%) or more ot lhe lhen Replacemont Cost ol tho Premises (excluding Lessee-Own€d Alterations
and Ulility lnslallations and Trade Fjxlures) immediately prior to such damage or desl.uction. ln addition, damage or destruction lo the Building, olher than Lessee-
Orvnod Alterations and utilily lnstallalions and Trade Fixtures ol any lessees ol tho Building. the cost of whlch damage or destruction is Iifly percont (5Oo/.) or more
of the then Replacemenl Cost (excluding Lessee-Owned Alteralions and Utility Installations and Trade Fixtures of any lessees ol th€ Building) of the Buitding shall,
at tho option ol Lessor, bs deemed to be Premises Tolal Desl(rction.
(c) "lnsut€d Loss" shall mean damago or deskucljon to lhe Premises, olher lhan Lessee-Owned Alterations and Utilily lnstallations and Trado
Fixlures, which veas caused by an event required to be covered by the insurance describod in Paragraph 8.3(a) irrespectivo ol any deductible amounts or coverage
limils involved.
(d) "Replacement Cost" shall mean tho cost to repair or rebuild tho improvemenls owned by Lossor at the time ol lhe occurence to their condirion
existing immediatoly prior thoreto, including demolition, deb s removal and upgrading required by the operation of applicable building codes, ordinancss or laws,
and without deduclion lor doprocialion.
(e) "Hazardoug Substance oondltlon" shall mean lho occurronco or discovory ol a condilion involving lho prosonco ol, or a conlamination by, a
Hazardous Substanco as delined in Paragraph 6.2(a), in, on, or und€r the Promises.
such damage (bul not Lessee's Trade Fixturos or Lossoo Owned Alloralions and Utilily lnslallalaons) as soon as reasonably possible and lhis Lease ihallconli ue
in lull lorca and elfoct. ln ihe evenl, however, that there is a shorlage ol insurance proceods and such shonage is due to the lacl that, by reason of lhe uniqu€
nalure ol the improvements in the Premises, lull replac€mont cosl insurancs coverage was nol commercially reasonable and availabte, Lessor shall have no oblig,
ation lo pay lor the shorlage in insurance procoeds or to lully resloro the unique aspects ot the Premises unless Lessoe provides Lessor with lhe lunds lo covar
same, or adoquato assurance thereof, within ten (10) days lollowino receipt of writlen nolice of such shorlage and requesl lherelor. ll Lessor receives sajd ,unds or
ad€quate assurance lheroot wilhin said len (10) day period, l-esso. shall complele them as soon as reasonably possible and this Lease shall remain in full force
and oftect. ll Lessor does not receive such lunds or assurance within said period, lessor may neverlheless elect by written notice lo Lessee wilhin len (10) days
lheroaltor lo mako such rosloaalion and repak as is commercially reasonable with Lessor paying any shortaoo in proceeds, in which case this Lease shall renraln
in lull forco and etl6ct. ll Lessor doos nol roceivo such lunds or assuranco within such len (10) day period, and if Lossor does nol so olocl to roslore and r€pair,
then this Lease shallte.minale sixly (60)days lollowing the occurrenco ol lhe damage or doslruclion. lJrless othetuiso agreed, Lessee shall in no evont have any
righl lo reimbursement trom Lessor lor any lunds contributed by Lesseo to repair any such damage or destuction. Premisos Partial Damage du€ to flood or eadh,
quake shall be subioct to Paragraph 9.3 rather than Paragraph 9.2, notwilhstanding that there may be some insuranco coverage, but lhe nel proceeds ol any s!,ch
insuranc€ shall b€ made available for lhe repairs il made by oither Pany.
9.3 Parllal Damage-Unlnsured Loss. ll Prcmises Panial Damage lhat is not an lnsured Loss occurs, unless caused by a negligent or willlul acl ot
Lessee (in which evenl Lessee shall make the repairs at Lessee's expense and this Lease shallcontinuo in rull lorce and eflect), Lessor may al Lessor's option,
€ilher (i) repair such damage as soon as reasonably possible at Lessois expense, in which event lhis Leasg shall continue in fi.rll force and elfect, or iii) give writ-
len notico lo Lossee wilhin thirty (30) days aftor rsceipl by Lessor ol knowlodgo of the occurrence of such damage ol Lessoas desiro to terminale this Leese as ol
the date sixty (60) days lollowing lhe dato of such notice. ln lho svent Lessor elecls to givg such nolice ol Lessor's inlention to terminate lhis Leass, Lessee shall
hav€ lhe ight within ton (10) days after th€ r€csipt ol such nolice lo give written nolice to L.essor ol Lessee's commitment to pay for the repair ol such damage
totally at Lessg6's expense and withoul reimburs€ment from Lessot Lessoe shall provide Lessor wilh lhe roquired tunds or salisfactory assurance therool wilhin
lhirty (30) days lollowing such commilmenl from Lessoe. ln such ovont this Leaso shall continue in full torce and ellsct, and Lessor shall procoed to make such
repairs as soon as reasonably possiblg attor tha requirsd lunds are available. ll Lsssee does not give such notico and provide lhe lunds or assurance therool with-
ln the limes spocifi€d abov6, this Leaso shall torminale as of the dale specilied in Lessor's notice ol terminalion.
9.4 Tolal Dostructlon. Nolwithstanding any olher provision hereol, if Premisos Tolal Doslruction occurs (including any dsstruclion required by any autho-
havo lhe right to recover Lossor's damag€s trom Less€e except as released and waivod in Paragraph 9.7.
9.5 Damage Near End ol Tgrm. ll at any time during th€ last six (6) monlhs of the term ol lhis Leass there is damage lor which the cosl to r€pair
€xcaeds ons month's Bas€ Rgni, whether or not an lnsured Loss, Lossor may, al Lessor's oplion, tsrminate this Lease etfective sixty {60) days lollowinq the date
ol o@urrence ot such damage by giving writlgn nolice lo I esses ol Lessor's eleclion to do so within thirly (30) days atler lh6 date ol occurrerice ol suclidamage.
Provided, howgvor, if L€ssoe at lhal lime has an oxorcisablo option to €xlond lhis L6ase or to purchas€ lhe Promisss, lhen Lgsse€ may prssorve lhis Lease by
(a)_€xorcising such oplion, and (b) providing Lossor wilh any shonago in insuranco proceeds (or adequale assuranco lhorool) needed t6 inake lho ropairs on oi
bstors the earlier ol (i) tho dato which is ton (10) days afier Lossee's r€coipl ol l.ossor's wrillen nolico purporling lo l€rnrinale lhis Lsaso, or (ii) the day brior to the
covor any shorl€go ln lnsurance proceods, Lossor shall, al Lossor's oxponso ropak such damage as soon as roasonably posslble and this Loass shall continu{, in
tullforcs and otlect. lf L€ssos tails lo sxsrclso such option and provido such lurids or assuranco during such p€riod, lho'n this Lease shall terminalg as of lhe dale
sd bnh in lhs rirsl sgnlence of thls Paragraph 9.5.
9.6 Abalomont ol Henl: Loaaoo'! Remedlos.
- . (a) ln tho ovent of (i) Promisos Parlial Damag€ or (ii) Hazardous Subslanc€ Condilion lor which L€sseo is not legally responsiblo, the Baso Rcnt,
Common Area OPoratng Exp€nsosand other charges, if any, payable by Les6e9 hereunder to. the psriod during whjch such damage or aondition. ils repair, rerne-
diation or restoration continues, shall be abated in proportion to the dogr€o lo which Lesseo's use of lh6 Premiaes is impakod, butitot in excsss ol proieeds from
insuranco required lo.bs cariod undar Paragraph 8.3(b). Excopt lor abatement ot Baso Renl, Common Area Operating Exponses and oih€r charbos, it any, as
aloresald, all olher obligalions ol L€ss€e hereund€r shall be performed by Lesse€, and Losses shall have no claim againat Lessor lor any damage stittered by ioa"
son ot any such damago, desfuclion, rspair, remedialion or restoration.
MULTI-TENANT-4ROSS
@ Ameican lndustrlal Real Eslale Association 1 993 --{-
lnltlalo: __
' (b) lf Lossor shall be obligat€d lo repair or reslore the Premises under the provisions of this Paragraph I and rhall not commgnco, in a substanlial and
meaningtul way, lhg repalr or rsstoralion ol the Premises wilhin ninGly (9O) days aller such obligation shall accrus, Lossso may, at any time prior lo lh€ commonce-
monl ol such rapair or resloration, givs writlon nolice to Lessor and lo any Londors ol which Lessoo has actual notics ol Lessoo's oleclion to terrninato this Loaso
on.a date not loss lhan sixty (60) days following lhe giving of such nolic6. ll Lossso gives such notico to Lessor and such Lenders and such rspair or restoralion is
"Comm€nco" as usod ln lhls Paragraph 9.6 shall mgan oilho. tho uncondillonal authorizalion ol the pr€paration ol th€ required plans, or ths bsgjlnlng o, the aclu-
al work on lhe Promlses, whichevgr occurc firsl.
9.7 Hrzrrdoua Substance Condltlons. l, a Ha2ardous Substanco Condition occurs, unless Lossee is logally responsiblo theretor (in which case Lessoe
shall make lhe investigation and romedlation thereol required by Applicable Bequiremenls and this Leaso shall continus in lrrll force and effect, but subjoct to
Lossor's rights under Paragraph 6.2(c) and Paragraph 13), Lessor may al L€ssoas optiolr either (i) investigale and remodiato such Hazardous Subslance
Condition, i, required, as soon as reasonably possible at Lessor's expenso, in which svent lhis Lease shall conti,rue in ,ull lo.ce and eilect, or (ii) if the estimated
cosl to investigatg and remodiato such condition exceeds tw€lve (12) times the thon rnonthly Base R€nt or $100,000 whichever ls greater, give wrin€n notice to
Lossee within thirty (30) days aftsr receipt by Lessor ol knowlsdgo of the occurence ol such Hazardous Subsldnce Condition ol L€ssor's deiare to terminate this
Leas€ as ol the date sixty (60) days lollowing tho date ol such notice. In the event Lessor elecls to give such nolics of Lessor's inlention lo tsrminate this Loaso,
Lessoo shall have ihe righl within len (10) days aftsr the r€ceipt ol such notico lo give writlen nolice to Lessor ol Lessee's commitment to pay tor lhe oxcess cosls
ol (a) investigation and rem€diation ol such Hazardous Substance Condition to the exlent required by Applicabl€ Requir€msnls, over (b) an amount oqual to
lwolve (12) times the then monthly Base R6nt or $100,000, whichever is greal€r- Lessee shall provide Lessor with the,unds required ol Lesse€ or satisf;ctory
assurance therool within lhlrty (30) days following said commitmenl by Lessee. ln such event this Loase shalt continue in llll lorce and €flect, and Lessor shall pro-
c€ed to mako such investigation and remediation as soon as reasonably possible after ths roquired iunds are available, lf Lossee does not give such notice and
Fovide lhe requir€d lunds or assurance lh€roo, within lhe tims period spscilied above, this Lease shall terminate as ol the dato specified in Lessor's notlce ot t€r-
minalion.
9.8 Temlnallon-Advance Payments. Upon t€rmination ol this Lease pursuant to this Paragraph 9, Lessor shall return to Lessee any advance payment
madg by Losseo to Lessor and so much of L6sse6's Security Deposit as has not boen, or is not lhen required to be, used by Lessor under the term6 of this Lease.
9.9 Walver o, Statutes. Lossor and Lessee agr€e that lhe terms ol this Lease shall govern lhe fllrect ol any damage to or destruction ol the Promises and
ths Building with respect to lhs termination o, this L€ase and hereby waive tho provisions ot any presenfor fulure slatulo lo the ext€nt il is inconsistenl herewith.
10. Feal Propeny Tsxgs.
lO.1 Paymonl ol Taxss. Lossor shall pay the Real Proporty Taxes, as delined in Paragraph 10.2(a), applicable to the lndustrial Csnlet, and oxcepl as oth-
erwiso providgd in Paraoraph'10.3. any lncrsases in such amounls ovor lh€ Baso Roal Proporly Taxos shall bo includod in tho calculation ol Conlriron Ar€a
Op€rallng Exp€ns€s ln accordanco wlth lho provlslons ol Paragraph 4.2.
10.2 Be8l Prop€rty Tax Dallnlllong.
(a) As usod her€in, the term "Beal Property Tar6" shall include any lorm ol real oslalo lax or assessm€nt, gen€ral, special, ordinary or extraordi-
nary and any liconse ,€e, comme.cial rental tar, improvement bond or bonds, levy or tax (other lhan inherilance, personal income or estato tax6s) imposed upon
fiae, slreet, drainage, or olhor improvemgnt districl thereof, levied against any legal or equilablo inlerssl ol Lsssor in th6 lnduslrial C€nlor or ,ny portion lhereoi,
Lossor's righl lo ronl or olhor inconro lherolrom, and/or Lessor's businoss of loasing tho Promisos Th6 torm "R6El Prcperly Taxos" shall also include any tax,
lee, lovy, assassmonl or charge, or any increas€ thoroin, imposod by roason o, ovonls occu(ing, or changos in ApplicablsLa, hking oflect, during tho lr)rm 6t this
Lease, including but not limited lo a chango in tho own€rship ol lhe lnduslrial Cgnter or in tho improvsmenls theroon, the execulion ol this L6ase, or any moditica-
lion, amondmonl or lranslor thgreol, and whelher or nol conlemplalcd by lhe PanEs.
(b) As used hsrein, lhe lerm 'Bass Real Property Taxes" shall bo the amounl of Real Propeny Taxes, which are assessed against the Promises,
Building or Common Arsas in the calendar year during which lhe Lease is executod. ln calculating Beal Proporty Taxes lor any calsndar year, the Reat Proporty
Taxes tor any real estate tax year shall be included in the calculation ol Real Property Taxes lor such calondar year based upon lh€ numbor ol days which such
calendar year and tax year havo in common.
10.3 Addltlonal lmptovements. Common Area Operating Exp€nses shall not include Real Properly Taxes specitied in the lax assessor's records and work
sheets as being caussd by additional improvements placed upon the lndustrial Center by olhor lessees or by Lessor for tho exclusive enjoyment ol such olh€r
l€sse€s. Notwathstanding Paragraph 10.1 her€ol, Lesseo shall, however, pay to L€ssor al lho lime Common Area Oporaling Exp€nses are payable under
Paragraph 4.2, the entirety of any increase in Beal Property Taxes il assessed solely by reason of Alterations, Trade Firtures or Utility lnstallations piaced upon th6
Promises by Lossss or al Lessee's requesl.
10.4 Jolnt A$essmenl. lf the Building is not separately assessed, Real Property Taxos allocatod to the Building shall bs an equitable prcportion of |he
Rsal Property Taxes for all ol the land and improvomonls included within the tax parcsl assessed, such proporlion to b6 determined by Lessor flom the respsctivo
valualions assigned in the assessor's work shoels or such olhor inlormation as may be reasonably availablo. Lessor's reasonable d€lermination thoreol, in good
lailh, shall be conclusive.
possible, Lessee shall causo its Lessea-Owned Allsrations and Ulilily hlstallations, Trade Fixtures, furnishings, equipment and all olher personal property to be
asssssed and billed separately from the real proporty ol Lessor. lf any ol Lessee's said propedy slrall be assessed wilh t.essor's roal property, Lessee shall pay
Lessor lhe taxes attributable to Lessee's propeny wilhin ten (10) days after receipl ol a writlen stalement sening fonh tho taxes applicabb td Leisee's property.
ll. Utllltlea. Lessee shall pay directly lor all utilitiss and sewices supplied to the Premises, including but not limited to eleclricily, telephone, security, gas and
cleaning of tho Premises, logelher with any taxes thereon. ll any such utilitios or sorvices are nol separalely metered to th€ Premises dr separately blled to tho
Promises, Lossgo shall pay to Lsssor a reasonable proponion to be delerminod by Lessor ol all such charges jointly metered or billed with dther pr-emises in tho
Building, in tho manner and withln tho timo poriods sel lorth in Paragraph 4.2(d).
12. Aeslgnment and Subbnlng.
'12.1 Leasor's Consent Requl,ed.
(a) Lossee shall not voluntarily or by op€ration of law assign, lranster, mongage or otheMiso transior or encumber (collec{ively. "assign") or subl€t all
or any parl of Lessees inleresl in lhis Lease ol in the Premises without Lossor's prior wrillen consent given under and subjoct to the terms of Paragraph 36.
(b) A chango in the controlol Less€e shallconslitule an assignmenl r€quking Lessor's consonl. The transler, on a cumulalive basis, ol twenly-live psr-
c€nl (25%) or more ol lhe voling control of Lessee shall conslitute a change in conlrol lor lhis purpose.
(c) The involvemenl ol Lessee or ils assets in any transaction, or series ol transactions (by way of merggr, sale, acquisition, linancing, retinancing,
transler, leveraged buy'oul or otherwise), whelher or not a formal assignment or hypolhecation ol this Lease or Lessee's assels occurs, which resulti or will resdlt
in a reduction of lhe Net Wonh ol Lessee, as heroinafter delinod, by an amounl equal lo or groaler than lwenlyJlve percent (25%) ol srrch Net Worth ol Lessee as
il was reprssented lo Lessor at the time of lull execution and delivery ol this Lease or al lhe time of ths mosl recenl assignment to which Lessor has consonted. oa
as it exists immodiat€ly prior lo said lransaclion or transaclions conslituling such reduction, al whichev€r limo said Net Worth ol Lossss was or is qrealer, shall be
@nsidered an assignm€nt ot this Loase by Lessee to which Lessor may reasonably withhold its consent. "Net Worth o, Lessee" lor purposos ol this Lease sha
bo lhe net wonh oi Lessee (excluding any Guarantors) established under generally ac4epted accounting pinciplos consislently applied.
(d) An assignment or subletting ol Lossoe's inloresl in lhis Lease without Lossor's specilic prior witten consgnt shall, al Lessois option, be a D€lault
("Le3ao,'a Notlce"), increase the monlhly Bas€ Rent lor the Premises to the greator ol lhe then lair ma el rental valuo ol the Premises, as reasonably d€ter-
mined by Lessor, or one hundred ten percenl (110%) of the Base Rent then in eflect Pending doterminalion of the new fair market r€nlal value, il dispirl€d by
Lessee, Lessoe shall lay the amount set lorth in Lessor's Notice, with any overpayment credited against the next installment{s) ol Base Benl coming due, and ani
underpaymenl lor lhe period retroactively lo the eifeclive date ol lhe adjustment b€ing due and payable immediately upon the determination thereof. Funher, in the
ovenl ot such Breach and rental adjuslment, (i) lhe purchaso pric6 of any option lo purchase the Premises held by Lgssee shall be subjecl to similar adjustmenl to
lhe then lair markot valuo as roasonably delermined by Lessor (wilhoul the Lease being considered an encumbrance or any deduction lor deprocialion ar obsoles-
cenc6, and considerino the Pr€misss at ils highosl and bgst uso and in Oood coodition) or on€ hundrod ton porcent (1107") of the price previously in €flect, (ii) itny
indox applicable lo thg timo o, such adjustmont, and (iii) any tixod ronlal adjuslmgnls schedulod during lh€ remainder of lho Loaso t6rm shall bo increased in the
sams ratio as the new rontal bears lo tha Base R€nt ln elfect immediately pdor lo the adjuslment spscified in L€ssor's Notice.
(s) Lgssoo's r€medy lor any broach ol ihis Paragraph 12.1 by Lessor shall be limiled lo compsnsatory damagos and/or injunctive r€liol.
12.2 T..ma and Condltlons Appllcablo to Asslgnmont and Subloulng.
. (a) H€gardloss ol Lessor's consent, any assignmenl or subl€tling strall nol (i) bo €tlsclivo wllhoul lh€ expross writt€n assumplion by such assign€6 orsublessos ol thg obligalions ot Lessoe under this Leas€, (ii) rglsas€ Lgssog of any obligallons hereunder, nor (iia) ailgr lhe primary liabiiity of Lossoe lor tie pay-
msnl ol Ba6e Ront and olhor sums du€ L€ssor h€r€undor or lor ths porlormance oi any othor obligalions lo b€ perlormed by L6sso6 undeithis Lease.
. (!) Lessor may accept any renl or pertormance ol Lesse€'s obligalions lrom any person olher lhan Lossoe ponding approval or disapproval of an
assignmenl. Neith€I a dolay in th€ approval or disapproval of such assignment nor the accoptanco ol any ront lor perrormance shail c.onstitute a waivoi or estoppel
o, Lossor's ght lo oxercise its rom€dios tor the Delault or Breach by Lossoo ol any ol the lerms, cov€nants or coidilions of lhis Lease.
(c) Ths consont of Lessor to any assignment or subletting shall not constitut€ a consenl lo any subsequent assignmsnt or sublening by Lessee or to
any subsequenl or suc@ssive assignmsnl oi sublolting by th6 assignee or subiessee. How6ver, Lessor may consdnt lo subaequsnl sublenings-ana assignmentsol lhe subloas€ or any amendments or modificalions thorsto withoui notilying Lesso€ or anyono elso liablo ujldor this L6ase or tho subloase aid withoul oitaining
lhek consenl, and such action shall not relieve such porsons lrom liability und6r this L€a6o dr the sublgase.
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@ American lndustdal Rsal Estats Association 1 993 --{-
lnltlal3: _
(d) ln th€ svent ol any Delaull or Breach ot Lessee s obligation und6r this Lease, Lessor may proc€ed dirsctly against Lesse€, any Gualanlols or any_
iiii oitr"i peison o, entily rsaponsible therelor lo Lessor, or any socurity hold by Lessor'
. (e) Each request for consenl to an assignment or sublening shall.bo in w lino. accomDanied by intormalion relevanl lo Lossor's delermination as to tho
linancial and op€rational responsioitity ano ipf,ropiia'renoss of the prdposed assignd o-i sub[sieo, incldding but not limited lo the inlended uso and/or requir€d
moditication ot the premisos, it any, tog€th;r;iti'i -"6ii-ri,-rrr"o-iudodposit or Or,-oori oi ren perceni 1tov.; oi tne .ontnly Bas€ Rent applicabl€ lo lho po ion ol
rho premises which is the subjscl ot the p;pqsii,ld ;;:iffi;;i;; "r6!iii, *rii"ire*, i" gdarcr, asieas6nable consideralion lor Lssso's considerins and pro'
csssing tho request tor 6on""nr. r-"r""" "g,-.6-"-;-p;id"
Leiio; wiitr srctt otlrer or adairioliiiin%rmarion and/or documontalion as mav bo r6asonably lequosled
by Lessor.
(l) Any assiones ol, or sublossoe undsr, lhis I easo shall, by roason ol accepling such assignmont or.enlgring inlo such subl€aso. b€ deemod, lor tho
torm€d bv Less€E during the tem ot said ;;;ig;;;ffi'*,-h;l;;iiti"iitra-nii,"rr ouiig"rions as aro contrary lo or rnconslslonl wrth provislorrs ol arr asslgnm€nl
or subleaie to which Lessor has sp€cilically cons€nled in wnflng
(o) The occurrencs ot a transaclion doscribed in Paragraph 12.2(c)-shall give Lessor the right (but not the obligation) to requir€ lhal the Security
Deoos1 b6 increased b,
"n "rornr mr",?J'i], tEiiiii'iJtnll'dr"-" ,il"liirv e;i; Reni, SnJre"sor may m-ake the actual receipl bv Lessor ol the securitv Doposit
inci€ase a condition lo Lessor's consenl lo such lransadion'
(h) Lessor, as a cond ion to giving its consenl to any assignment or.subletting, may require lhat lhe.amount and adiustment schedule ol lhe r€nt
payable under this Lea"e ue
"o;usteo
to Jrilaioi;"ih; ih;;;,k"i r"t,;e'and/or ad;ustmentichedute tbr property similar lo the Premisos as then constituted' as
dotormined by Lossor
.t2.3 Addl onat Terms and condttlons AppllcEblo to suble[ng. Ths loltowing t€rms and condilions shalt apply to any sublening by Lossee ol all or any
p"rr,iiiil il"-,ii""'i'"i';;ili#;"il; ;;[dei'in air subteases undoithis Lease wh-ether or nol expr€sslv incolporalod lherein:
(a) Lesse€ hereby assigns and translels to Lessor all of Lossee's interest in all rentals and income arising kom any sublease ot all or a portion of the
promises heretolore or rr"reatts, maoe oy ieli"i, "no-r--".*r-."y, "ollect
such_reni inJ income and apply same toward Lessee's obligations under this Lease:
provided, however, thal unrita Breach (as d;;"^""i"i; pirig-d; i3.i r-Jarilicui ln rne oe*ormance of Liris'ee s obligalions under lhis Lease Lessee mav' €xcepl
as othsrwise provided in lhrs Lease, ,""",JJ,',iln-""i "ia
E"j[y r',t u ,',"nr" ,c"ring,rnodr iuch sublease Lessor shali not, by leason ol lho loregoing provision or
any olher assignm€nr ot sucn s,.rorease to iis i,i.ri]ir]y, ri"iln ii rr,"
""rtection
6t t eionts iiom a sublessee' bo deemed lrable lo the sublesseo lor any lailure ol
Lessse to oorform and comDly with any of Lessee's obligalions to such subless€s ,na"r'ir"rt srut"""" Lessee horeby irrovocably aulhorizes.and directs any
;ffi;;i":;;;,';,;;-rJ#rii'"i i *ritr6" '^6iiiJ-rLm ielioi siating rtat a Broach.exisis in ths perrormance of Lessee's oblrgarions under lhis Lease' to pav to
Lessor the rents and orner ctrargos oue anj-to"L#Jiii undli ifi"-trtr"u"e. sroiuiii"
"tuir'r"ry
upon any such slalemeniand request lrom Lessor and shall
oav such renls and oth", "harg""
ro L"""of,r"iti;;fi;ii;#;;ighr b inquiro ai l,c whether su'ch Broach exists and notwithslandinQ anv nolico kom or claim
iroh Lessee to the contrary. Lessee sna iriv'o
-.-" ittt . ir"i.-ig"i,irr sucn luuesiee, or, unlil lho Breach has beon cured, againsl Lessor' lor any such renls
and olhor chargas so paid by said sublessoo to Lessot
(b) ln the event ot a Breach by Less€6 in tho perlormance ol its obligalions under lhis Leaso, Lessor, al ils optton and withoul any obligalion to do so'
i.ii"" ioir"t ir6r"."or or lor dny other prior detaLrlls or bieaches ol such sublessol und€r such subleaso
(c) Any mattor or thing requiring tho consent ol the sublessor undor a sublease shall also require tho consenl ot Lessor herein'
(d) No subtessee under a subl€ase approv6d by Lessor shallfunher assign or sublet all or any part ol the Premises withoul Lessol's prior wlitten consent'
(e) Lessor shall detiver a copy ol any nolice ol De{ault or Breach by Lesse€ to lhe sublessee who shall havs the riqht to cure the Default ol Lessee
within the grace period, it any, specirieo in-slct niii;.-irl-u iubiels"" itr"rr irau" irighr ot roimbursemenl and oltset ilom and againsl Lesseo lor any such
Dolaults cured bY the sublossee.
'13. I)gt.ult; Bre6ch; Remedleg.
13.1 Delault; Breach. Lsssor and Lessee agree thal il an allorney is consulled bv Lessor in ctnnection wilh a Lessee Delault or Breach (as hereinatter
detined). $35o.oo is a r"uron"uru .,n,.rli'ii,fi #;fiJiii;#.ffii;r"iliiiirii*lna *its in the prepararion and servic. or a notice ot Delaull, and lhal
l assor mav include the cosl ol such services and @sts in said norice as renr oue ani-payiole to iure saii oblautt. A "Derault" by Lessoe is detrn-€d as a lailure
derined as rhe occurren"" o, un, on" o, ,ili'J it""i"il;ini; il;fir!. Irio, *riiid i gru"" p"riod ior cure afer notice is speritied herein the lailure bY Lessee to
cure such Defautt prior to rt " ",,pi,"tion
oiiiJ Jiil;;;ii;;il" rl-ei;, ;nafrrali enrif"r-"ii5rto pursue lhe remedies sel tonh in Paragraphs 13 2 and/or 13 3:
(a) The vacating of lhe Premises wilhoul the inlontion to reoccupy same' or the abandonmsnt ol the Premises'
(b) Eicepl as exprossly othorwise provided in this Lease, the lailuro by Lessee to mako any paymenl of Baso Rent. Lessee,s Shale ol common Area
Opsraring Expensos, or any otter monetarj"pil;;;it;di;;-;-;; maOe fy reisee rriieunOti as aid *inen aue, lhe lailure bY Lessee lo plovrde Lessor with
reasonable evid€nce ol rnsurance or surety' don'd requiret r:nder this Leaso, or the lailuro ol Lessoe to lulrill any obligalion under this Lease which endangels or
thrsarens tite or property, *t".e "u"t rair,-ii6 6irinul1-ioi;-po;ild;til." ai) a"ts bltowing wltlen notice thereol by or on behall ol Lessor to Lossee'
(c) Except as erpressly otherwise provided in this Lease. lhe lailure by lossee to provido Lessor wilh.reasonablo wlitten gvidence (in duly oxeculod
Lessor may reasonabty |.uqrn" ot t-e.s""iini"iiiie terms ol this iease, whero any siih'iailurecontinues l;I a poriod ot ten (10) days lollowing wrrllen nolice by or
on b€half ol Lessor lo Lessee
(d) A Delaull by Lesseo as to lh€ lerms, covenants, conditions or prcvisions ol lhis Lease, or o, thg rules adopted undor Paraqraph 40 hereol that are
ro b€ observed. com,tied wirh or pertormel B;U"J;;iffiiffih;iJ a"i",iu"t in srup.,igrapns is.t(a) (o)or(c), above, where such Delaull conlinues lor a
ff"d-;iif;ii;iitflir,iiifJ"-""iiiI iri"Ltii;;;; *,h"riG"or.to Lossee; p'rovid"ed, howevei, thil il the nature ol Lessee's Delaurr is such thal more
rhan thirlv t3o) davs ar" ,"u"on"o,y ,"qu,iJJjo-, iri
"i',.",
rr,"n ir
"nurl ',ot
ue doemeo io L'e a Brea;h ot lhis Leas€ by Lessoe il Lessee commences such cure wilh-
i;:;tUihin;ijoxi;y p"rioa ano itr'oreahor oitigenttv prosocutes such cure lo complerion'
{e) The occurrence ol any ot the lollowtng events: (i) the-making by I ossee ol any general arang€menl oI assignmenl loa lhe benelil ol credilors; 0r)
Lessee,s becoming a "dettor, as detineoin tt u.s.6oae seai6n tot or any sr.rcceiior slalJte-lhereto (unle-ss, in lhe case ol a pelition liled agarnst Lessee' lhe
sam€ is dismissed within sixty (60) days);iiiii irl" ipioi-nti,"rr ol a lrustee-or, receiver lo lako possession ot substanlially all ot Lessee s assets localed al lhe
premises or ot Lesses,s interest in lhis L€ase, where possession is not restoreo to iosleJwiininirrirty 1so1 oays; or {iv) the attachmenl, oxeculion or olhe' judicial
seizure ol substantialty all ol Lessee s as!-Ji'lol"i"o'ai it "
pre.l"u. or ot resseoilnrJrest in this r'eise' wnere subi seizure is not discharged vrilhin lhirly (30)
davs: Drovided, however, in t" er"nr rn"i]i'y'ffiff#;iil" 5f;;ugriph rg.rl"J i" *nirar lo any applicable law, such provision shall be ol no lorce or eflect,
inil iliall not afiea the validitv of lh€ remaining provisions'
(l) The discovery by Lessor that any linancial slalement ot Lessee or ol any Guarantor, given to Lessor by Lesseo or any Guaranlor, was malsriatly
faise.
(g) ll tho perlormance ot Lessoe,s obligations under this.Lease is guaranleed: (i) the death ot a Guaranlor, (ii) lh€ terminalion ol a Guaranlo's liabilily
wirh reso€cl lo this Leas€ other rhan ln ;;;;;c; with tho ternrs ol srct g,Jaranry, liiiii claranlor's bocoming insolvenl or lho subiecl ol a banhluplcy liling, (iv)
{60) days toltowing wrinen notrce oy or oriLehali ol Lossor to Lessee ol a,ry such ev'ent, t"o provide Lessolinith wntlen allernalive assurances ol securily' which'
wh6n coupted wirh rhe ,n"n "","ong
,u"J|[".ii#;; d,;"*;;;ee,is rne ci.ulnea [inancial resourc€s ol Lesse€ and the Guarantors that exisled at the
timo of ox€cution ol lhis Leas€
but not limiled to lh€ obtaining ol r€asonably requrr6d bonds. rnsurance potrcres, or g-overnmentdl l,censes, pernrils or appovals. the l-osls and c^penses ol arry
such p€rtormance by Lessor srralt be ouJiriipiyabte by Lesseo to Lesiorup"n inrlice lt,"relor. ll any che;k grven to Lessor hv I essee shall nol be honored bv
the bank upon which it is drawn, Lessor, at its own option, may raquire-art turure pay-m-e-nisio-Lo maoi inaer rfiis rease by Les'oe to be made only by cashiel s
check. tn the ovent ot a Breach ot this Lease by Lessee (as dotined in P"rgorupn tilil,
"riin
o, ;ithout turlher notics or demand. and withoul limiling Lessor in lhe
eierciso or iny right or remedy whlch Lessor may have by reason of such Breach' Lessor may:
(a) Tsrminalo L6ssoe,s right to possossion ol lhe Promis€s by any lawrul moans, in which cass lhis Leaso and th6 t6rm hsreof shall terminale and
avoided; (ii) the wonh ar tno time or awaii ii iiie airounr ty *ntcrr rr,e rrnpara ront toi trre oatance ol rhe lerm aller lhe lime ol award ercocds thc amounl ol strch
rontat toss rhar lho Lu.."" pro,"" "ogll!'rf#fi;;ffiil; ;,ii iiri i"v "irr.i i..,"in"iuitirv ro componsalo. Lessor for all lho delrnnenl proximatelv
aflomevs. fa€s, and lhat porrion or any reiiin-g immis"ion p"ia lv Lessor in conneailn wrth lhis Lease aipticabl€ lo lh6.unernired lerm ol this I ease' The worlh
ar rhe 1me ot award ot tho amounr reteled 6 in provision iiri) ot tne tmmeoiatety
"pie""o]ig i;"i"il;iri ue computed by discountrng such amount at lhe dis-
counr rare ot rhe Fedorat Resarvo Bank'isi" iiiriiiJ .ir. itre Fedorat Boserve'dani-oi&ri& in *ti"n rn. premiios aro iocatod al the time ol award plus ona
p€rcenl (l%). Ettorts by Lessor to mxga;d-a;;g; carseo oy resseo. oeraurr or-riieiJrr-J itrit LeajJ shatl not waive.Lessor's righl to r€cover damages under
this paragraph 13.2. I termrnauon ot $ ]il#ffi;fiffifitrlfiii -pr.ri"io;, ,"."dy ol unlaMul delainer, Lessor shall havo lhe right lo recover in such pro-
MULTI-TENANT.-GROSS
o American lndusirial Fleal Estals Association 1993
lnltlals
ce€ding the unoaid lent and damaoes as ar9 raclv6rabl6 lherein, or Lossor may roseryo Ihs right to rocover all or any Dart lh€reol in a ssparalo suil lor such renland/or damages ll a notice and sr5ce p-eriod ;oqri;;ffi;; si,bP;;.,Ji[','i51ol, r"t o, rot *"" nor previousry giveri, i norco ro pay rsnr or quir. or ro D€r,orm or
(b) continue the L€ase and Lessee's r€ht to possossion in ollect (in calilornia undor calitornia civil code section 1951.4) aft€r Lesse6,s Broach aM
tations on assignmenl and sublellino in this Lease are reasoiaut", iiri oi rii-ini"nan"6 o, prd""*ation. etoni t" iLrlirr," Frenlrses, or rhe appoinrmont or arac€rver lo protect lh€ Lessor's intelesl under lhis Lease, shatt not consiir,.,te a ieimiriajion oiif;G;;: ;g;iil;"J#il.
(c) Pursu€ any olhor remgdy now or herearlar available lo Lessor under the laws or judicial decisions ol lhs stalo wheroin tho premises are located.(d) The exoiration or lorminalion ol lhis Lsaso and/ol lhe tormination of Lessee's right lo possossion shall nol reliev€ Lesseo lrom liabilitv under anvind.mnitv provisions oi rhis Lease as ro matrers occu,;;i,;;;;;;;; j;;iil;;i;;r;;-,il;, ;"i ;J;##;!;;t'#;ilncy or rhe prernises
13 3 lnducement Becapluro ln
-Ev€nl ot 8rogch. Any agresment by Lessor lor free or abated rent or olher charges appticable to the premisos. or for thegving or paving bY Lessor lo or foI Lessea ot any cash or othir 6onus, inaulernint or consioer"rion ioiiJi""ei untiffiinio tnis rease, a, o, which conc€ssionsa'o hereinatlor reterrod lo as 'lnducement Proilt"tons"
"r,"rr
u" oi-u."Jilnaiiol"o ,po" Lossee s tull and fairhlul p-orfoimance ot att or lhe rerms, covenantsand condilions ol this L€ase lo be Derlo.m'ad or.oi",,ea oy i-e*""-ir'rr-in"gih;erm hereot as the samo may be 6xt6rided. upon the occurrence o, a Breach {asdolrn€d in Parasraph 13.1) ot this [ease bv a;s;;;;;y ;r"hlffi;;'ilni'F,or]"[n rr,or "r..;i;;it,uu;H;?e-rj"re'jirom rrris rease and or no rur rher roiceor ettecr, and anv renr, othsr charae. bonu;, indrd;r;"i ;;;;;id;;;i;iii in",-iiii
",u"r"o, s*;;;; il;;;i;;;;niii such an tnducemenr provision sha, bormmeclialelv due and pavable bv i 6ssne lo Lessor, and recoreiaute by Lessii]as auoirioniirenr ar6 ,ro,j. ir.r-ii-i"Jiei"nJl,vlnstanoing any subsequenr cure olsaid Breach bv Lessee The acieolan.e-by Lessoi o, rent or tne crre'oJiie-ti,!acn.*r,i"r, i"iiiiJirr" iperliiir'iiiit'il,ugr"ph 13.0 shal nor t€ deemod arvaiver bv Lessor ol lho provisions br this Pirag,aph 13 t;;ies;;];ilciiry'i'olii"o in *riring uy, l""iJ, "iiiiji,^J"i"r'"i, """"pr"n"".13 4 Late charges' Lesseg hereby acknowledges that lale paymenl by Lessee.to Lessor ol rent and olher sums due hereunder will causo Lessor to incur
aclounling charoes and lale charoos which may be imposed ,pon G"oi uv i-r'r6 rerms.or any ground roase, morrgage or oeed ol rrusr coveriru rhe premis.sAccordingly' il anv installment ol r6;t or other suh.due f'rom L"l'.",i iiirr- "oiire i""eivsd by Lesaor or Lessor's desi-gn'ee wrtrrn ten (10) days arter suih amounr
panies herebv aores lhal such late charge roPresents a lair and reasonabie asrimaro of rhe
"our"
i""ioi*iirln"ii ii'r"""on or raro paynronr by Lesseo.
lT3$i?"fif:"Sf:i1':1"#.r$"8i"1,:i:itenrot*r"r,sinoino Fi,aoi"pr, +.r o, any other provisio-n
"rin,'" i"i!i to rt"
"onr,a.v,
ri""uh-Jniii,:a]i.'li
'13 5 Breach bv LessoL Lessor shall nol be deomed in breach ol lhis Lease unless Lossor lails wilhin a reasonable lime lo perrorm an obligation reauiredto be pertormed bv Lsssor' For purposes ol thi. p"rigi"ph ii s,?ii,"-"1';i-or-e"r-rie srrarr in no ev;ii; i;;; ii"-n.rij,{i3-oi'oays ane-eceipr ny Lessor, and bvanv Londo(s) whoso name and ari'lrc(s shall rrave bioi lurnishea to l"ii"" i" *ir.g i;i ;;'ilr;;;:;] ;;ii#",if,1lJJ'"pu",rv,no *t.,sin such obrioarion orLossor has nol b€en perfotmed: orovided, howu"er, ttriiiirri" ,iuiiiu o'r iliili'J olr'gurton i"
"uch
rhar more rhan rhjrty (30) days aler such noric,r are rursonabrv
l4' condemnatlon' ll thg Premis€s or any porlion lhereol are laken under rho pow6r ol eminent domain or sold under lhe rhrear ot rhe oxercise ol said oower lalr
whichevsr trrst occurs ll more lhan ren p6rcenr 1l oi"i ;i iri" li",ii iii,Jirijtr:"llemises, or more rhan twenry{rve percont lz5/") or rhe porrion o,,ie commonAreas desionated lor Loss€e's oerkinn is tat en oi coniemnari;;, Lil;;;;:;ii""see's opron, ro bo €xerciscd in wririno wrrhin ton (ro) days atrer Lessor sha
lorminal. lhis Leas€ as ot the date rhe conclem-ni"o ,rin",riir"ll.lrit i.ii"i!io'i. rr r"".uj" ,iou j ;"r'iil;;"i;iii i;;;; accordanco wirh rhe foregoins,lhisLease shall remain in lull lorce and eflecl as ro thi portion bf rne pie.ii* iliriinins "rilpi rilrii; d;; ffi;;;E'i"ou"uo ,n rn" ""re proporrion as rhe
apply to any ponion ol lhe Premrses Any awarcl tor ine Gting "i ali oiintiiii oiit " e,".i""" ,naer rrre powei or eilininioorain o, any paymenr made underlhr€al ol lh€ oxorcise ot such power shalibolhe property or tEssor, wrrein6r'srirr awa,o s-rrail;; ;;;; ;" "5;;;;;uri"#'t'Jl'iirinrrion ot rarue or rhs reasohord orlor the lakino of lhe l€o, or as severance damige!: piovroed. tr,iweuei, irrii leisee snarr oe onr,r6o L-in[;ffip;;;;i"; separarery awarded to Lessee rorLosseo's relocalion exDsnses and/or loss ol Lo""Eut i
"ou
Fiirriui. in ii,u !r"-iiit or.t a Luaso is not re,m,,iare! 6/iJa-iin'ot suctr conoemnarron, Lessor sha,to lhe exlenl of its nel sevorance damaocs recoiveo, over ano above't esi.ei'sn"io or rno regar ano ot ei ei ns"es-'incir-ri# oy resso, in the condemnarion mat-lsr' repair any damage to Iho Premises:ausod oi iirii.--,ja"r""riii-ri-nliryl'i-esseo srrarr be responsibre ior rhs paymenr or any amounr in excess or such nersoverance damaggs required to complole such repair.
15. Brokors'Fo66.
15.1 Procudng Causs. Ths Brok6r(s) named in paragraph t.1O is/are tho.procuring cause of this Lease.
15 2 additlonal Terms tJnless I cssor and B-roker(s) have orherwise agreed rn wriling, Lessor agrees that: (a) il Lossee exercrses any oplion (as detined inParagraph 39 1) sranled under this Loase
_or
rrt opffi:G&;;{y'g-ri,;dil]? tb) ir Lessee.acquires any r;g'rris ro yre prsmrses or orher prLmrses in whichLessor has an inlelest, or lcl if Lessee rcmains in polsession ol irre PrLirises with tne consent ot Lessor aftor the expkation ot the rerm ol this Iease atter havinolailed lo oxorciso an oplioh, or (d) il sard-Bro*"ii iiJihffic,iri,.i "ri"""o"ir'iy'oit ur ro".e or saro enrerod inlo beiwoen rho panitss porrarninq ro rh€ promiss;andor any adjacent prop€nv in which Lessor has an rnlel;sl, or 1ei it Baso Reni ii incroasod, wherhor by agreemenr or operar,on or an escararion crausc h€reintlgn as toany ol said lransactions, Lessor shalt pay saio e;ker(ii ; roe i,ia"ioioince wirr, rhe schedute ot said Broker{si in ettocl at rhe time o, rhe execution of
153 Assumptlon ol oblloatlons' Any buyor or lransloreo ol I essor's inrsresr in rhrs [€aso, wherher such rranslor is by agreemonl or by operarion ol law.sharl bo d€emed lo have assum.d I essor'd obrigarion unaer rnis eiiigiaph il.1""h e-k"ii-h"]i L; ;; ffi;#ii1;';,ry benorioary or rhe provisions o,:fl:iJ1'rl';13# " lhis Paragraph 15 lo lho e;lent ol ils inrut"Li i" "iv io,,itlion arising rrom rhis Lease and may oniorce rhar nght drre,ry againsr Lossor
15 4 Foplesentallona and warranllsa Lessge and I essor oach rop,€s€nl and warr.lnl to rh€ other that ir has had no dealings wrlh any person, ,irm, bro-
*fl l?t"?::iffi:,%Sllld3eLTi#*,ff|i*,11"T;iiu*i;; e;d;;;";;#;i*i'iJi,""d'Jiil1"",,i"o"''lilil .;;.;,,,;;n'ffiil;i,j#,1; :;;
16. Tqnancy aod Flnanclal Statoments.
16'l Tensncv Slalement. Each Pany (as -Bespondlng Party") shall within ten (10) days attor wrillen nolice hom the other pany (the ..Requgs no
16'2 Flnanclal slatemont l' Lessor desares lo finance, rslinance, or selllhe P,renrises orlho Buildrng, or any pan thoreor, Lessoe and all Guaranlors shalldeliver lo anv polental lendsr or ourchasor.d".lgn"i"o oyGi". irii'rili"ii"i"i'"'rut",nunr" ot Lossee and sr.rcfi 6;il;i;;;" may be reasonabry reouired bvi::!J::n::?:fl1?:*?,ff*f*xiiJt;##:i:il"""mt;i,"[*,in**n:T,r**i:x$:ri5)1j;H:'ii,:ffi1]t""f.;i;dt;;ffi;n;;a;ja;;
'17' L.33or! Llablllty' Ths t€rm "Les3or" as used hErsin shall mean th€ owner or owners at the rime in quostion of the le€ tite to the premises. ln lhe event ol a
securily Deposjt' as atoresaid' lhe Drior lossor shall bo reiieved ol dll riiuir,ry iuit L.p""r to rho obligarions and,or covenanls uncror rhis Leasg frsr€af;r to b€
l3r,SJ""norj'll,- 'n" 'nvalidity
ol any Fovision ol this Lsase, as determined by a court of comporont jurisdicrion, shafl in no way afrect rh6 vatidily ot any other
l9' lntg'otl on Past_Due obllgauons Any monelary paymonl duo Lossor hsreund€r, olh6r lhan late charoos, notroceivod by Lsssor within ton (I)) days lollow
El'Jli6n1i.'y"t* ,rus lour perc€nr (4%) por annum, br n;r e;c;;Jins ih;;;,i;u, ,ar" ,iril;ii,y ;", i,i;iiriilri'ifi"porenria rare *rars6 provided ,or in
20' Tlmo o' Egsoncg' rimo is ol lhe essence wilh reEpecl to lh€ prlormance ol all obtEataons to bo perlormod or obsarved by the parlies und€r lhjs Loase.2l ' Rgnt Dgtlngd. All monotary obligalions ol Lessos to Lessor under lhe terms o, lhis Leaso are dgomod to bo renl.22' No Prlor or othor Aoreomenta: Etoker Dlsclalmor. This lease conrains allaqr€emenrs belween the parlies with resp€,cl lo any rhatter menrionod h€rsin,
made' and is relying solelY upon its own;nvestigation as to the nat"u[, qriirv, "#t"r"r u"o ,inanciat rosponsibility ot th6 other party to rhis Lease and as to lhe[:'$"d;l3JY#il'di1?f[L':J'lf;,iJ",T&?**g; **"UfglS :ll**i.1i";:i#rff ;;lffi"i;li::l iI il'iffil o. ui"""n r'","r-;v-;iih;; i,",i:
MULTI.TENANT.GROSS
@ Amsrixn lndustdal Real Eslato Associalion .l 993 --+-
loltlsl!:
23. Notlao3.
23.1 Notlcs Roqulrements. All notices required or permitted by this Lease shall be in writing and may be delivsred in porson.(by hand or by msssenger or
courier service) or may be sent by regular, c€rtilied or registorod mail or U.S. Poslal Servic€ Express Mail, with poslaggiropaid, or by tacsimile lransmissioi dur-
lng normal business h6urs, and s'hall-be deemed sutficioitly given it sorved in a manner specilied in this Paragraph 23. Th€ addresses noled adjacont to a Plrty's
sidnature on lhis Leasg shali be that Party's addr€ss lor dolivery or mailing ol notico purposes. Eilher Party may by wrill€n nolice lo lhe olher specily a difiorgnl
ad-dross lor nolico purposes, €xcept thal upon Lessos's taking possession ol lho Pr€mises, lhe Premisos shall constilulo Lessoe's address lor lho purpose ol mail
ing or deliv€rino noticgs to Loss€e. A copy ol all nolices requirsd or p€rmilled to bo givon to Los6or hereunder shall be concurrently lransmitted to such party or
parlloE al such addre66s6 as Logsor may from tim€ lo timo horoaltor d€sional(, by wrillon nolico lo lossoo
23.2 O.te ol Notlce. Any notice sont by registered or certilied nrail, rolurn receipl requssled, shall b€ deemed given on lhe date ol d€livery shown on lh€
tscsipt card, or il no delivery dai€ is shown, the postmark lheroon. lf sent by regular mail, tho notice shall be deemed given fony-eight (48) hours attor tho same is
addrsssod as r€quirod herein and maihd with postage prepaid. Nolices delivered by Uniled Stales Express Mail or overnight couriet lhat guarantees next day
delivery shall b€ deemed givgn lwenty{our (24) hours atter delivery ol the same lo lhe United Statos Postal Servic€ or courier. ll any notice is lransmitted by lac-
slmlls iransmlssion or slmilar means, the same shall be deemed served or dsliverod upon telephonq or lacsimile conlirmation of receipl ot the transmission thsr€-
ol, Fovided a clpy is also delivored via delivery or mail. ll notics is received on a Saturday or a Sunday or a legal holiday, il shall be deemed received on lhe next
businoss day.
24. Walvela. No waiver by Lessor ol the D€tault or Br€ach ol any term, covenant or condilion horeol by Lesse6, shall be deemed a waiver o, any olhor lerm,
@venanl or condition hereol, or ol any subsoquont Delault or Breach by Lessos ol tho same or any other ierm, covenant or condilion hereol. Lessor's consenl to,
or approval ol, any such act shall not b€ deemed to render unnecessary the obtaining ol Lessor's consent to, or approval ol, any subsequent or similar act by
Lessee, or be construed as lhe basis ol an esloppel to onlorce lhe provision or provrsions ol this Lease requiring such consenl. tlegardless ol Lessor's knowledge
ol a D€lault or Breach at the time ot accepting rant, the acceplance of renl by Lessor shall nol be a waiver of any Delaull or Breach by Lessso of any provision
hereol. Any payment given Lessor by Lesseo may b6 accepted by Lessor on account ol mon€ys or damages due Lessor, notwilhstanding any qualilying state-
ments or coridiiions made by Lessee in connection therewith, which such statements and/or conditions shall be ol no lorce or etlect whatsoever unless specilically
agroed to in wriling by Lossor at or belore the time ot deposit ol such payment.
25. Recordlng. Either Lessor or Lessee shall, upon requesl of the othor, execul6, acknowledge and deliver to the other a shon lorm memorandum o, lhis Lease
tor rccording purpos€s. Th€ Party requesling recordation shall be responsible lor payment of any less or laxes applicable therelo.
26. No Blght To Holdovet Lessee has no right to retain posssssion of the Premises or any part therool beyond the expkation or earlier termination ol lhis Leas€.
ln tho evenl that Lessee holds over in violation ol this Paragraph 26 then the Baso Ront payable lrom and after the lime ol ihe expiralion or earlier terminaiion ol
this Loaso shall be increas€d to two hundred p€rcent (200%) of the Base Rent applicable during lhe mdnlh immediat€ly preceding such expiralion oa earlier termi-
nation. Nothing containod harein shall be construed as a consent by Lessor lo any holding over by Lessee.
27. Cumulatlvo Romodles. No romody or eloclion hereunder shall be deemod exclusive but shall, wherevor possiblo, be cumulative with all othor remedios at
la',v or in equity.
28. Covonanto ond Condltlons. Allprovlslons of this [€aso lo bo ol)soNud or p(,llorrod by I ossoo are bolh covonanls and cordilions
29. Blndlng Etloct; Cholce ol Law. This Lsase shall be binding upon lhe Parlies, thsir porsonal reprosontatrves, successors and assigns and be govorned by
the la,,vs of the State in which the Premises are located. Any litigation bolween the Parlies herelo concerning lhis Lease shall be initialed in the counly in which the
Premises ars localsd.
30. Subordlnatlon; Atlohmenl; Non-Dlslurbance.
30.1 Subordlnatlon. This Lease and any Option granled heroby shall be subjecl and subordinate to any ground loase, morlgi,ge, deed ot lrust, or other
hypolhocation or socurity devico (colleclively, "Securlty Device"), now or horealter placed by Lessor upon lhe real property of which lhe Premises are a parl, to
any and all advanc€s mad6 on tho security thereof, and lo all ronewals, modilicatjons, consolidalions, replacemenls and €xtensions lhereof. Lessoo agrees lhal
the Lenders holding any such S€curily Device shall havo no duty, liabilily or obligation lo portorm any ol the obligations ol Lossor unde) lhis Loas6, but lhat in lhe
evenl of Lessor's delault with respect to any such obligation, Lessee will give any Lendor whose name and address have been turnished Lessee in wriling for such
purpose notlce ol Lessor's derault pursuant to Paragraph '13.5. ll any Lender shall elect to have this Loase and/or any Option granled hereby superior lo the llen ol
its Security Device and shall give written nolice thereol to Lessse, this Lease and such Options shall bo deemed prior to such Securily Device, notwilhstanding the
relalive dates ol tho docum€nlalion or recordation thereol.
30.2 Attornment. Subject to tho non{isturbance provisions ol Paragraph 30.3, Lessee agrees to attorn to a Lender or any olher party who acqukes owner-
ship of the Premises by reason ol a ,oreclosure of a Security Oevice, and thal in the evenl of such ,oreclosriro, such new owner shall not: (i) be liable for any acl or
omission ol any prior lessor or wilh respocl lo evonts occudng prior to acquisilion ol ownership, (ii) be subject lo any oflsets or delenses which Lessee mighl have
against any prio.lessor, or (iii) be bound by prepayment ol more lhan one months renl
30.3 Non.Olsturbance. With respect to Security Devices enlerod inlo by Lessor after the execution of this lease, Lessee's sutlordination oJ this Lease shall
b6 subject to recoiving assurance (a "ndn-dislurbance agreemenl") Irom the Londer that Lessee's possession and this Lsaso, includine, any options lo exlend lhe
term hereol, will not bo disturbed so long as Lesse€ is nol in Broach hereol and attorns to the record owner ol the Premises.
30.4 Self.Erecuting. The agregments clnlained in this Paraoraph 30 shall be efieclive wilhoul the execulion ol any lurther documonts; provided, however,
that upon written requost lrom Lessor or a Lender in connoclion with a sale, rjnancing or rofinancing ol Premises, Lessee and Lessor shall execulo such lurlher
writings a6 may be reasonably required to separately documenl any such subordinalion or non subordinalion, attornmenl and/or non-disturbance agreemenl as is
providgd lor herein.
after detined) in any such proc€eding, action, or appeal thereon, shall be enlilled lo roasonable altorneys'lees. Such lees may be awarded in the sanro suit or
recovered in a separale suil, wh€lho. or not such aciion or proceeding is pursued lo decision or iudgment. The term "Prevalllng Party" shall include, wilhout limi-
tation, a Party or Broker who substantially obtains or defeats the reliel sought, as lhe case may be, whether by compromis€, settlom€nl, judgmeni, or the abandon
ment by the olher Party or Eroker ol its claim or delense. The atlornoys' lee award shall nol be computed in accordance with any courl tee schedule, but shall be
such as to lully reimbuBs allatlorneys'fggs reasonably incurred. Lessor shall bo enlitled lo atlorneys'lees, cosis and expenses incurred in preparation and ser.
vice ot noticos ol Dolault and consultations in connection lherowilh, whether or nol a legalaclion is subsequonlly commsnced in conneclion wilh such Dolaull or
resulting Br€ach. Broker(s) shall bo inl€nded lhird pany beneliciarios ol this Paragraph 31.
32. Lossoa'g Accegr; Showlng Promlsos; Ropalrg. Lessor and Lossor's agonls shall have lhs righl lo enter tho Premisss al .rny lirro, in lh€ case ol an €msr
gency, and otheMise al reasonable times for th€ purpose ol showing lhe same to prospective purchasers, lenders, or lessees, and making such alleralions,
iepairs, improvemgnts or additions to th€ Promises or lo the Building, as Lossor may reasonably deem nec€ssary Lessor may al any lime place on or aboul the
Premises or Building any ordinary "For Sale" signs and Lessor may at any lime during lhe last one hundred eighty (180)days ol lhe len[ hereol placo on or aboul
the Premises any ordinary "For Lease' signs. All such aclivities of L€ssor shall be withoul abatement ol renl or liability to Lessee.
33. Auctions. Lessee shall not conduct, nor permil lo be conducted, either volunlarily or involuntarily, any auction upon thg Premises without firsl having obtained
Lessor's prior writton consent. Nolwithstanding anything lo the conlrary in this Loase, Lessor shall not bo obligated to exercise any slandard o, reasonablene6s in
determining whelher lo granl such consent.
34. Signs. Lossee shall not place any sign upon lhe exlerior of the Premises or the Building, excepl thal Lessee may, wilh Lessor's prior writlen consenl, install
(but not on the rool) such signs as are reasonably required to adverlise Lessee's own business so ,ong as such signs aro jn a localion designated by Lessor and
comply wilh Applicable Roquiremgnis and lhe signage criteria oslablislted lor the lnduslrial Center by Lessor. The inslallalion ol any sigll on lhe Promises by or lor
agreed herein, Lessor rsservos all rights to the use of lho roof ol lhe Building, and lhe right to inslall advsrtising signs on lh€ Bujlding, i cluding tho roof, which do
not unreasonably interlere with th€ conduct ot L6ssee's businsss; Lossor shall be enlitled to all aevenues irom such advenising signs.
35. Termlnatlon; Merger. Unless specilically slal€d olherwise in writing by Lessor, the voluntary or olher surrendor of this Loase by Lessee, the mulual lermina
nancies. Lessoas tailurc within ten (10) days following any such gvsnt to make a wrilten election to lhe contrary by writton notico to lhe hold€r ol any such lesser
inlorost, shall constilulo Lessor's oloclion to havo such event constilute lhe termination ot such interest.
36. Consents.
(a) Excspt {or Paraoraph 33 her€ol (Auclions) or as olherwise provided herein, wherever in lhis Lease the consent ol a Parly is requircd to an acl by or
lor lho olher Parly, such consonl shall nol bo unreasonably withheld or delayed. Lessor's actual reasonable costs and oxponsos {including but nol lamiled Io archi
tects', attornoys', engineers'and olher consullants' fees) incufied in lh6 consideralion ot, or responselo, a request by Lessee lor any Lessot consent pertaining to
this Leass or ths Promisos, including but not limilod lo cons€nts lo an assionmont a sublolling or tho presenco or uso of a Hazardous fiubslance, shall ba paid by
Lessg€ lo Lossor upon r€ceipl of an invoice and supporling documonlalion lherolor ln addition lo lh€ deposil doscribod in Paragraph 12.2(o), L€ssor may, as a
condition lo consid€ring any such requost by Lessoe, require thal Lcssee deposil with l.essor an amounl o[ money (in addilion lo lho Sacurily Doposit hold under
Paragraph 5) reasonably calculalod by Lossor lo reprosent tho cosl Lessor will incur irr considsring and rssponding to Lessee's requesl. Any unused portion ol
said doposil shall be rslundod lo L€ssoe wilhout jnlorosl. Lossor's consonl to any act, assignm€nl ol this Loasg or subletling ol lhe Prcmises by Loss€e shall nol
constilute an acknowledgment that no Detaull or Breach by Lesseo ol lhis Lease exisls. nor shall such consenl be deemed a waiver ol any lhen existing Delault or
Broach, gxcopt as may bo olhsrwiso specilically slalod in writing by t essor al the lirno o, such consenl.
(b) All condilions to Lossor's consent aulhorized by lhis Loasg are acknowl€dg€d by Lesseo as berng reasonable. Th€ lailure to spocify herein any
panicular condilion to Lessor's @nsgnt shall not preclude the lmpositions by Lessor at the time of consent ol such lurthor or olher conditions as are then reason-
ablo with aerer€nc€ to tho panicular matter lol which consent is b€ing given.
37. GuaEnlor.
37.1 Form ol Guaranty. ll thsrs ar6 to b€ any Guarantors ol this Leass p6r Paragraph 1.1'1, the torm of lh€ guaranty lo b€ sxeculed by each such
Guarantor shall be h the lorm-most rocontly published by the American lnduslrial Real Estate Association, and oach such Guarantor shall have tho same obliga-
tions as L€ssoo under this lease, including but not limilsd lo ths obligation to providolhe Tenancy Slatoment and inlormalion rgquired in ParaglaPh 16.
lnltlals:
MULTI.TENANT-GBOSS
@ American lndustrial B€al Estate Assoclalion 1993 --{-
37.2 Addltlona! Obllgatlons ol Guarantor. lt shall conslitute a Delault ol the Lessso under this Lease il any such Guarantor fails or refuses, upon r€ason-able. roquest by Lessor to givo: (a) svidenco of lhe du€ execulion of the guaranty $allBd tor by this Lease, includingihe authority ol ttre Guarantor lahO'ot rt e [a.ry
€r with a c€rtiticat€ ol incumbency showing_lho signaluros ol the persons duthorized to sign on its behalf, (b) current linanciaistatement5lof Guaraitor as mayiromllme to time be requested by Lessor, (c) a Tenancy Statement, or(d) written confirmationihat the guaranif ii still in s6ect,
38.^ 9ulet Poesesslon. Upon paymont by_Lessee o, tho rent lor th€ Promis€s and tho porlormance ol all of tho covenants, condilions and provisions on Lessee'spart lo b€ observed and perlormed under this Lease, Lessee shall have quiet possessi6n of the Premises lor the entire term hereol subjeitio aliof tni proviiioniof this Lease.
39. Optlons.
39.1 Deflnltlon. As used in this Lease, the word "Optlon" has the following rneaning: (a) the right to oxtend the term of rhis Lease or to renew this Lease or
1,"--"It!!9 9l l?!€Y 3l'y]e3so that Lessee has on other property.ot Lessor; (b) the right oifirsi refusil to tease tho Premises or ine-rtght ;r-firsr ofter to leaso thePremises or th€ right ol lirst relusal to lsaso other property of Lessor or the righ-t ol lirst ofter to lease other prop€rty of Lessor; (;) the right ro puicnii" ii.ie
or tho rlghl ol lirst rofusal lo purchaso othor property ol l.ossor, or tho rl0-lrt ol lirst otlor to furclraso othor proporty ol LossoT.
.39.2 Optlons Personal to OrlgJnal Lessee. Each Option granted to Lessee in this Lease is personal to the original Lessee named in paragraph 1.1 hereot,and cannot be voluntarily or involuntarily assigned or exerciied by any person or.entity othgr than siid original Lessee-while tne original-Leisee is in full and actualpossession of the Premises and without the intention ol thereatteiassighing or subleuiirg. The Options, if a-ny, herein granted to Les;ee;,.o ;i assignabie;oifhoi aia pan d an assignmont ol this Lease oI s€parately or aparl lherelrom, and no Option md'y be sefarateo troni inis Leaie in any manner, Oi ioservation or othsrwiso.
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ln tho evsnt that Lessee has any multiple Options to extend or renew this Lease, a later option cannot be exercised untess the prior
Optlons to extond or renew this Lease have been validly exercised.
g9.a Efiect ol Delault on Optlons.
. .(a).Lessee shall have no right !o exercise an Option, n-otwithstanding any provision in the grant ol Option to the contrary: (i) during the period com-mencing with the giving of any notice of Delault under Paragraph.13.l and contiri"uing'dntil the noticed Default is cured, or (ii) Ouring tlte'fiertO 5t rim6 any min"-tary obligation due Lessor from Lessee is unpaid (without iegard to whether notice thereot is given Lessee), or (iii) during'the tirie f-eiste is in Breach of thisLease, or.(iv).in tho event that Lessor hasgiven to Lessee thr6e (3) gr n1or9 notices of separatebelaulti una6'r eaiagraph r"s.1 ouiin!ine t,verve (12) ;;;th p;;iod immediatoly preceding the exercise ol the Option, whether or rioi the Defaults are cured. a
(b) The period oJ time within^which. an Option may be exercised shall not b6 extended or enlaiged by reason of Lesses's inability to exerciss an Optionbecause ol the provisions ol Paragraph 39.4(a)
. {.") All rights- ol-Lessoe under lhe provisions of an Option shall terminate and be ol no furthor lorce or ef{ect, notwithstanding Lessee's due and tim€ly
9x9l9r.sq ol the Option, if, afler. such exsrcise. and d.uring the tsrm ol this Lease, (i) Lessee fails to pay to Lessor a monetary obligation ot [essee tor a period ot t[iy'-ty (30) days after su_ch-obligation becom€s d.ue {withoul any necessity. oJ.Lessoi to give notice th'er6of to Lessee), or 1ii1 leJioi giGJi;i;;;"" threb (3i o,nor"notices of separale Defaults under Paragraph t 3.1 during a-ny twelve-(12) month pe;iod, whether or not the Detauits ai6 cureo, o? liiij if f-esiLe commits a Breacho, this Lease.
40. Rules 8nd Regulatlons. Iesso€ agrees lhat it will abide by, and keop and observ€ all reasonable rulss and rogulations ("Rules and Regulations,,) whichLessor.may make from time.to time lor.the management, safety, 6are, and iloanliness of the grounds, the pirting ano inroioingbi vehicl;Jano"ttte prosdrvationol good order, as wsll as for tho convonioncn ol othor occttpanli or tonants ol lho Ruik'lirrg and-tlro lndtislria[Crnrol and tlroir invii(}os.
4'1. Socurlty Measures. Losse.€ horeby acknowledgos lhat tho rsnlal_payable to Lessor lrereunder does not tnclude the cosr ol guard service or othor securitymeasuresr and that Lessor shall have no obligation whatsoever to provibe-same. Lessee assumes all responsibility lor the protectidn of tne'premises, t_essee, itiagents and invitees and their property from the acts of third parlies.
42. Resewatlons. Lessor reserves the right, from. time to time, to grant,.without the consent or joinder of Lessee, such easements, rights of way, utility raceways,and dedications that Lessor deems necessary and to cause the recordation of parcel map_s and'restrictions, so long as such easeileniJ, iigt ts ,ii wly, utiiiti ii6elways, d€dications, maps-and restrictions do not reasonably inte.rfere with the use of the'Premises by Lessee. Lesiee agrees to sign ahytocumenrs reasbnablyrequested by Lessorto effectuat€ any such easement rightd, dedication, map or restrictions.
t(l. Perlormance Under Protest' ll at.any time a dispute shall arise as to any amounl or su.m of money to be paid by one Party to the other under the provisionshsreof, the Party against whom ths obligation.topay ihe money.is asserted shall have_lhe right to mak'e paym'ent "rnOer proteit; anJ*.n'puym"nt shall not b6
I:!19-"^d^T^?^Pl,r1try^p€yment and thero shall survive the righl on the part of said Party [oinstitute stitior recovery oi sucn sum. itli sriari ue aojuaged ihartnere was no..legal oblagation on the part of said Party-to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much theEof as itwas not legally required to pay under the provisions of this Lease.
4f..Authorlty. It oither Party hereto is a corporation, trust, or. genffal or limited.partnership, each.individual executing this Lease on behall of such entity repre-senls and warranls that hs or she is duly authorized to execute and deliver this Lease on iis behalf. ll Lessee is a cortroration, trust orpirtnersnip, t-ei-rie ifiatt,within thirty (30) days atler request by Lessor, deliver to Lessor evidence satislactory to Lessor ot such authority.
il5-.. Confllct. Any conllict betwen the printod provisions of this Lease and the typ€written or handwritten provisions shall be controlled by tho typewritten or hand-written provisions.
i6. Ofi9" Preparation ol lhis Lease by either Lessor or Lessee or Lessor's agent or Lessee's agent and submission ol same to Lessee or Lessor shall not b€deemed an ofler to lease. This Lease is not intsnded to be binding until executeA and delivered by;ll parties hereto.
47. Amendmenb. This Lease may be modified only in writing, signed by the parties in interest at the time ot the modification. The parties shalt amend this Leasefrom time to time to rstloct any.adiustm€nts that are made to the Baso-Rsnt'or other rent.payable undsr.this Lease. As tong ii tGi-Jo not materially cha;g;Lessee's obligations hereunder, Lessoo agrees to make such reasonable non-monolary modificaiions to this Lease as may ue reisoniurri reqrlieo by an inititutiorialinsurancs company o, pension plan Lender in connection with the obtaining ol normal tinancing or refinancing ol the propohy of which thd prd;is€s ars a pad.
ol sucn muntpo paruos shall bo ths Joint and several responsitrillty ol all porsons or ontities named herbin as such Lessor or Lessee.
MULN.TENANT-GROSS
@Amodcan lndustial Real Estate Association l99g -10-
lnltlrlg:
LESSOR AND LESSEE HAVE CAREFULLY READ AND REVTEWED THIS LEASE AND E4qLt IqRM AND PBOVISION CONTAINED HEREIN' AND BY THE EXECUTION OF THIS LEASE
sHow rHErR TNFoRMED AND voLUNTABy coNsENT ixeniio.'ine Flnir'e.d HEnEalicCEe'rHer, rr 1Hr!M_E-Ilt-s LEASE ls ExEcurED, THE TERMS oF THls LEASE
ARE coMMERcrALLy BEASoNABLE AND EFFEcTuATE THE rruJEr.ri euo'iuiFose or usson AND LESSEE wtrH RESPECT To rHE PREMISES.
IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL' FURTHER' EXPEBTS SHOULD BE CON'
suLTED To EVALUATE THE coruorlo'r,iilFrne pnoiiCn ron rHe iodsrete Fneseruce oF AsBESTos, UNDERGBOUND sroRAGE TANKS oR HAz-
ARDous SuBSTANcES. uo nrpnrsefuinrion'on neCorrrurHolrior'r is unoE By rHE AMERIcAN INDUSTRIAL REAL ESTATE ASSoclATloN oB BY
THE REAL ESTATE BRoKERs on rHrrii'bbilihndion-s, rorr.rr! cin ir,,rpLoirrs es ro rHe LEGAL suFFlclENcY LEGAL EFFECT' oR TAx coNSE'
ouENcES oF THrs LEAsE oR rrre iieirsriciior.iio-wHicu ri iiLniis; Iie pAEIEs_s.!4!! RELY SoLELY uPoN THE ADVICE oF THEIR owN
couNSEL As ro rHE LEGAL AND rnx C'or.isiouExCes orrus iElse.ii rnE susJecr pRoPERTY ls lN A srATE orHER THAN cALlFoRNlA, AN
anonirev Fnor',r iHE srAiEwHeRE THE pRopERTy ts LocATED sHouLD BE 0ONSULTED.
Tho panies herefo have exeqrted this Lease at the place and on lho dates specilied above their respeclivo signatures.
Exoqited al:
By LESSOR:
THE PROFFTTT TRUST
Name Printed:
By:
Namo Plintsd:
Tllle:""' c/o uenfy- Hoirr & soiis- rncort-,oiaLed
Address: 405 Pri mrrose Road #3O0
Burlingame, CA 9401 0
Teleplrone: (6 5 0)348-1 0 51
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BROKER:
Exeqjted
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By LESSEE:
THE CTTY OF BURLINGAME
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TNDUSTRTAL REAL ESTATE ASSOCIATION, 345 So. Figueroa St., M-l, Los Angelos, CA 90071 . (2131 687'8777.
MULTI.TENANT-4ROSS
@ American lndustrial Real Estate Association 1993 -11-
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49. AnDual Rent ChangeE.
period beginning November 1
month.
50. FirEt Option to Extend.In the events Lessee faiEhfully and fu11y
performs all the terms, covenants and condltions of this Lease
including the payment of rent, and only in that evenE, Lessor herebygrants to Lessee an option Eo renew tshis Lease for an additionafperiod of two (2) years from Novem.b er !, 2004 through ocE.ober 31,2005. Rent for tshe first year of thj.s opEion perj-od (November f, 2004
tshrough Octsober 31. 2005) shall be Ehe sum of $5,411 .00 per month;rent for the second year of this option period (November f, 2OOs
Ehrough October 3L, 2006J sha11 be Ehe sum of $5,573.00 per month.
In order t.o exercise this option, Lessee sha11 give Lessor a noEj_ce inwriting of Ehis intention to exercise this option prior to ,fune 30,
2004.
51. Second Option to Extend. Provided Lessee exercises the first
In order co exercise thiswriting of t.his int.ention
2008.
The monLhly rent for the twelve (12)
, 2003 shaI1 be the sum of $5,253.00
option, Lessee sha11 gj.ve Lessort'o exercise this option prior to
month
per
optsion to extend, and that Lessee has faithfully and fu11y performsall t.he t.erms, covenants and condj-Eions of the f irst. opti.on period,including the payment of renE, then Lessor hereby grants t.o IJessee asecond optsion to renew this Lease for an additional period of two (2)years from Novernlcer 7, 2006 through October 3l-, 2OOB. Rent for thefirst year of t.his second opEion period (November f, 2006 t.hroughOct.ober 31 , 2007) shall be the sum of 96,498.00 per month; renE forthe second year of Ehis second optsion period (November L, 2OO7 throughOctober 31, 2008) shal] be the sum of gG.G93.OO per monEh.
In order to exercise Ehis option, Lessee sha11 give Lessor a notice i_nwriting of tshis intenEion Eo exercise this option prior to ,fune 30,
2006 .
52. Third Optior to Extend.Provided Lessee exercises the first and
second options to exE.end, and t.hat. Lessee has faithfully and fu11yperforms all the terms, covenanE.s and conditions of Ehe first andsecond option periods, including the pa)ment of rent., then Lessorhereby granEs to Lessee a third opCion to renew t.his Lease for anadditional period of two (2) years from November 1, 2008 throughOct.ober 31, 2010. Rent for Ehe first year.of thi.s third opti-on period(November 1, 2oog tshrough october 31 , aoog) shal1 be the sirm of -
97,?11.00 per monEh; renE. for the second year of this third optj.onperiod (November )., 2OO9 through October :f, ZOfO) shalI be the sum of
$7, 533.00 per month.
a noE.ice in
,June 3 0 ,
53. Corrlron Area Expense. Lesseers common area expense shal1
cap j.t.al improvement s, such asparking Iot repaving, sidewallof unexposed common plumbing .
specifically exclude the expense ofmajor roof repairs or repla-ement,repairs, and repairs or replacement
54.
Para
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Reserved Parking Spaces and Cormnon Driveway. WiEh reference to
2 (b) , I-.,essee ' s parking spaces shal-l be Lhe six ( 6 ) mostking spaces in Ehe parking area, which parking area i.sg the souEhern portion of Lessor's property. Lessee sha1l
s sry (6) parkrr',g Sp^aes :nd the -.\J'r,rnrrh ).1i-ro,4a..r Frca af
debris and shall be responsible for the mainE.enance of Lessee,s six(5) parking spaces and Lhe common driveway beyond ordinary andexpected wear and Eear.
ExhibiE. 'A' is at.t.ached to visually illust.raEe Ehe leased premises andthe parking spaces and common driveway.
55. Mediation of Di sputes.Lessor and Lessee agree to mediate any
dispuEe or cl-aim between them arising out of this contract or anyresulEing t.ransaction before resorting to arbltratsion or courL action.Mediation is a. process in which parties at.tempt. to resolve a dispuEeby submit.ting it to an imparE.ial , neutral mediator who is auEhorlzedto facilitate the resolution of the dispute buE who is not empoweredto impose a settlement on the parties. Mediat.ion fee, if any, shal1be divided equally among E,he parties involved. Before the madiat.ionbegins, the part.ies agree t.o sign a document. limiting t.headmissibiliEy i.n arbJ,tration or any civj_1 acEion of inything sard, anyadmission made, and any documents prepared, in the couise of themediation, consistent with Evidence Code 1152.S. If any party
commences an arbiE.ration or court action based on a dispuEe or claimto which t.his Paragraph applj-es without firsE attempting to resolvethe matt.er tshrough mediation, then in the discretion of-thearbiErator(s) or judge, that party sha1l not be entltled t'o reccverattorney's fees even if they would otherwise be awail,able t.o thatparty in any such arbiE.ration or court action. However, t.he filing ofa judicial action to enable Ehe recording of a notice of pendingaction, for order of attachment, recej_vership, injunction, or oEherprovisj-onaI remedies, shaI1 not in itsel-f constj.tute a loss of therighE. Eo recover aEtorney's fees under this provisi-on. The followingmatters are excluded from Ehe requirement. of mediation hereunder: (aIan unlawful detainer action, (b) the filing or enforcement of amechanic,s lien, and (c) any matEer which i-s within the jurisdicE.ionof a probatse court .
56. Arbitration of DispuLes. Any dispute or claim in l-aw or equity
between Lessor and Lessee arising out of this conEracE. or any
fesult.ing transacE.ion which is noE. set.tled through mediaEion shalI bedecided by neutral , binding arbiEraEj_on and not by court action,except as provided by California law for judicial revj.ew orarbiEration proceedings. The arbit.ratsion shal1 be conducE.ed inaccordance with Ehe rules of Ehe ,Judici.al Arbitration and MediaEi-onservices, rnc. (,JAMS) . rn all other respecEs, E.he arbiEration shallbe conduct.ed in accordance with part rrrl Titie 9 of the californiaCode of Civil Procedure. ,Judgmen! upon Ehe award rend.ered by thearbitrator(s) may be enEered in any courE having jurisdicti-on t.hereof .The parties shall have E.he right to discovery ii iccordance wi-ch codeof Civil Procedure l-283. 05.
The part j.es agree Ehat the following procedure shall govertl the makingof Ehe award by the arbitrator: (a) a Tentative Award shalL be made bythe arbiErator within 30 days following submission of Ehe maEter tot.he arbit.rat.or; (b) the Tentative Award shall explain t.he facEual and1ega1 basis for Ehe arbitraEor's decision as to each of the principal
conE.rovert.ed issues,. (c) the Tentative Award sha11 be in writ.incrunless the parties agree otherwise,. provided, however, thai if Efrehearing is concluded wit,hin one day, t.he Tent.aEive Award may be madeoraIly at the hearing in Ehe presence of the parties. Within l-5 daysaft.er the TentaEive Award has been served or announced, any parEy mayserve objections t.o the Tentative Award. Upon objections Lelng Limelyserved, the arbitrator may cafl for additional evj_dence, oral orwrit.Een argument, or both. If no objections are fiIed, the TenEat.i.veAward shal1 become final withouE furE.her acEion by the pariies orarbiErator. Within 30 days after the filing of objections, thearbiErator sha11 eit.her make the Tentative Award final or modify orcorrect t.he TenE.at.ive Award, which shaLl Ehen become final as modifieaor corrected.
The following maEters are excluded from arbitraE,ion hereund.er: (a)
unJ-awfu1 detainer action, (b) the filing or enforcemenE of amechanic,s lien, (c) any matter which iI within the jurisdiction ofprobate or smal-I claims court, and (d) an action for bodily injurywrongful deaEh. The filing of a judj_cial act.ion to enable therecording of a noEice of pending act.ion, for order of attachment,receivership, injunction, or ot.her provisional remedies, sital-I not.constitut.e a waiver of t.he righE tso arbit.rate under E.his p=ovision.
an
or
NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING To HAVEANY DISPUTE ARISTNG OUT OF THE MATTERS INCLUDED IN THE ' AR.3ITRATION OF
DISPUTES ' PROVISIONS DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BYCALIFORNIA I,AW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HTCVE THE DISPUTE LITIGATED IN A COURT OR .JURY TRIAL. BY INITIALLINGIN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERYAND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
I ARBTTRATTON OF DISPUTES' PROVISTON. IF YOU REFUSE TO SIJB}IIT TOARBTTRATION AFTER AGREEING TO TH]S PROVISION, YOU MAY BE CCMPELLED TOARBITRATE UNDER THE AUTHORI TY OF THE CALTFORNIA CODE OF CIVILPROCEDURE. YOUR AGREEMENT TO THTS ARBITRAT]ON PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUB}.!IT DISPUTESARISING OUT OF THE MATTERS INCLUDED TN THE ' ARBITRATION OF DISPUTES'PROVISION TO NEUTRAI.,, ARBITRATION.
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HENRY HORN & SONS INCORPORATED
405 PRIMROSE ROAD, SUITE 300, BURLINGAME, CA 94010-4040 o (650) 348-1051
October 18, 2002
Jim Nantell
City of Burlingame
City l,lanager's Of f ice
501 Primrose Road
Burlingame, CA 94010
Re: 783 California Drive
Eurlingame
Dear Jim,
Pleasc be advised that the Proffitt family has signed three copies of
the September 30, 2002 lease. If the City Council approves the lease
on Mondayr October 21, the Proffitt family has instructed me to
deliver the leases to you for your signature.
Sincerely,
HENRY HORN & SONS INCORPORATED
by Te::ry R. Horn
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REAL ESTAIE SERVICES . PROPERIY MANAGEMENT.I.OAN BROKERAGE
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STAFF REPORT
HONORABLE MAYOR AND CITY COT]NCIL ST]BN{ITTED
DATE: October 24,2002
APPRO\IED
FRoM: Robert Bell. Human Resources Director BY
srlBrocr: Introduce Ordfuance to Reduce Membership of the Civil
Five Members
AGEI\IDA 7aITEM#
MTG.
DATE LOl2Ll02
TO:hk 6rj-A
Commission from Seven to
BY
RECOMMENDATION:
Introduce ordinance reducing membership of the Civil Service Commission from seven mernbers to five
members by:
#1) Request the City Clerk to read the title of the proposed ordinance;
#2) Waive further reading of the proposed ordinance; and
#3) Introduce the proposed ordinance and direct that a sunmary of the proposed ordinance be
published at least (5) days before the proposed adoption.
DISCUSSION:
On September 16, 2002, the Council directed staff to prepare an ordinance that would reduce the membership
on the Commission from seven members to five members. The proposed ordinance would reduce the
membership.
Within the last year', there has been proposed legislation that would impact the way personnel boards and/or
civil service commission members would be appointed. If passed, such legislation would usurp the Council's
ability to appoint cornrnunity members to serve on the Civil Service Commission. Though the proposed law
was vetoed, every indication is the State will continue to be active in this area. Since there are vacancies on
the conrrission, staff recommends the number of connnissioners be reduced at this time as to not displace any
of the current commissioners. Staff will continue to stay apprised of any proposed legislation impacting the
Commission and continue to examine options and develop recoflrmendations regarding the City's Civil Service
System and Commission.
Attachment
Proposed Ordinance
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ORDINANCE NO.
ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 3.48.010
TO REDUCE THE NUMBER OF MEMBERS OF THE CIVIL SERVICE COMMISSION
FROM SEVEN TO FIVE MEMBERS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The City's Civil Service Commission currently has 7 members, but it has been
increasingly difficult to obtain a quorum and the number of applications for vacant positions on the
Commission has declined. The Commission will continue to play a role in the interviewing process
for City employment as well as to hearing disciplinary issues that are appealed to the Commission
as provided in the Civil Service Commission Rules and memoranda of understanding with employee
associations and organizations.
Section 2. Section 3.48.010 of the Municipal Code is amended to read as follows:
3.48.010 Organization - Terms of members - Compensation.
The civil service commission shall consist of sevan five (5) members" appointed by the
council. They shall hold office for a period of three (3) years and until successors are appointed and
qualified. At the time of their application for the commission and throughout their terms as
commissioners, they shall be registered, qualified electors of the city. The members shall serve
without compensation, but all necessary expenses incurred by them when acting in their official
capacity shall be paid by appropriate action of the city council.
Section 3. This ordinance shall be published in accordance with law and shall take effect
thirty (30) days after the date of its adoption.
Mayor
I, Ann T. Musso, City Clerk of the City of Burlingame, do hereby certifu that the foregoing
a
ordinance was introduced at a meeting of the City Council of the City of Burlingame on
2002, and the ordinance was duly adopted at a regular meeting ofthe City Council
2002, by the following vote:on
AYES: COUNCILMEMBERS:
NOES : COI.INCILMEMBERS :
ABSENT: COLINCILMEMBERS :
C:\FILES\ORDNANC\rspnmemb.pwd.wpd
City Clerk
1
AGENDA
ITEM #7b
STAFF REPORT sf; 1o-21-oz
TO Honorable Mayor and Gity Gouncil SUBMITTED
BYDATE: October 16,2002
APPROVEDFROM: Gity Manager's Office (558-72041 BY
SUBJECT: GOMMISSION APPOINTMENT (Beautification-2; Parks & Recreation-2)
On Monday, October 21, the below-listed commission candidates were scheduled to interview for
an advisory position on one of the following commissions.
Beautification Gommission
(2 positions: term to 10-7-05; lnterview team: Baylock / O'Mahony)
Laura Hesselgrenl
Dorothy Katz
John Webbl
Parks & Recreation Gommission
(2 positions: term to 10-7-05; lnterview team: Galligan / O'Mahony)
Jack Ericksonl
Mary Lawsonl
Council may wish to make the necessary appointments.
Attachments (Council only)
/L*r.*
# lncumbenVnumber of terms served
t
City of Burlingame
Commissioner Application Form
Please print or type
FOR CITY USE ONIY
Copies to: CC, CM,
voter
OCI 0 7 200?
:i
i: rl
.'iiL:
Name:
Address:U
Lu,u.;w
Phone: (Lgrqat4Te I r,,t loso.svo -W(l (eveaing)Email epionat)l
How long have you lived in Burlingame (years)?
Are you registered to vote in Burlingame? Ye5Ef No tr
Education: f6 (Degree(s/Iv1ajor(s): BS -
Occupation / Specialty:
Please accept this as my application for a position on the (select only one):
@Beautification Commission
tr Civil Service Commission
tl Library Board
tr Parks & Recreation Commission
tr Planning Commission
tr Traffic Safety Parking Commission
tr Mosquito Abatement District
S
Please your application and questionnaire to:
City Manager's Office
City of Burlingame
501 Primrose Road
,Mm)n
Date:
B
[U:\My Doomts\Comissious\Cormisir Appliatim 2OO l.wpdl
R€viscd oclobd 4, 2001
cA 94010
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
phone: (650) 558-7330 . fax: (650) 696-7216
recreation@burlin game. org
BEAUTIFICATION COMMISSION
Supplemen tal Questionn aire
Applicant's Name:Luu^
To assist in the selection process, please answer the following questions and submit written
responses with your application form. Respbnses should be typed. You may use additional
sheets ofpaper. Thank you.
The Cily of Burlingame is endowed and forested with a vafiety of healthy and valuable trees
which must be protected and prusemed- The presemation of these trees is essential to the
health' welfare and quality of life of the citizens of the City. The Beautificotion Commission
was formed to assist the Cig Council and snff with such protection and preservation.
1. Please comment on how youfeel that your education, training, experience and community
involvement,.will be a beneftt to the BeautiJication Commission and the communigt?
X ha"rt Trurn uru ctu,sfur&rr.tr i"ol f/L,,t4rd% l,tLa-ttos^rrurJ fu awa
grJqap . T itr,tct-' ltar: fu_ t/vLp4a.n4-ta-* V^*e*LuJ aa-aury'/,un,
4,A"Lcl, lv aou^y-bhu-. T rcqqt/lQ '7a|;,L*jro ta^rlstaioZ a",
ge prcfau,bz atLol ,-t +o tul tU-.tt'rui^- u,k-J b p-tu^-4- 4^rl'l\u; lb lYta.t,*,tuu- l4z ll'W/-{.,2. Please list the communifi activities or orginizatiohs you have participated in and indicate
your level of involvement (member, attended,
committee, was an ofJicer, ete). Indicate the
each of these acttvitieylfu
nLhL)4 4.ilLLL
4- vna.ph. @ butlrt
event, ran a booth, worked on the organizing
amount of time each month you spend on
t la^
A4 fnul(eb {Aukl daA
htta-Q tL
3. The BeautiJication Commission meets monthly. Do youfeel that you have the time to
makesuchacommttment?
W lfutL hlrn 4 f6 fu b#
tilru W.-
Continue on reverse side -
*e^Fryt^rr^jl&f
4
Beautification Commission Supplemental Questionnaire
Page2
Applicant Name:
4.
5.
6,
Uttuu
rented property (residential)
work in Burlingame - lvLQqa?L (L
own a business in Butlingame
have children in school
belong to a religious communitY
7. *rryrt f:r:::#e
communitv have vou been a part of (ptease check att that apptv):
=
k<at
8. Please list any additional information pertaining to your appointment to
Commission that the.City Council should consider. A Ut<- hUn tr" 3 q*s
,1 , U t/A/-/el h,o< fio Onfurr-zA*c( l,"crnz tuaLL% lfn+,/
A.rl W rt^q! 'l Ut c,tO-u57t-adu<-, SClu.l-h*az t"fl 114t r(! 0{
Other
the Beautiftcation
Please return your application and supplemental questionnaire to:
Vi Weber, Executive Assistant
City Manager's Office
CitY of Burlingame
501 Primrose Road
Burlingame, CA 94010
All applications and supplemental questionnaires must be received in the City Manager's
Office no later than 5:00 PM on Tuesday, October 15r2002'
CITY OF BURLINGAME
Commissioner Application Form
Please print or type:
Z-
Address: r /D l)
Phone: ranyr +3 (evening)S*n;
How lived in B
Name:
Email @ptionitl
FOR CITY USE ONLY
o!
tv(
ars a8
Are you registered to vote in B urlingame? Yes
ITY
lr
r)
iCL
rtl, CF
Education:Degree(s)/Maj or(s):
th,ou Co{i!
Occupati on / Specialty:
Lln",u ol
Please accept this as my application for a position on the (select only one):
X B eautifi cation Commission
n Civil Service Commission
I Library Board
I Parks & Recreation Commission
n Planning Commission
I Traffic Safety Parking Commission
n Mosquito Abatement District
Si ture:Date:O-- o2
Please return your catton an supplemental questionnaire to:
Vi Weber
Bxecutive Assistant
City Manager's Office
501 Primrose Road
Burlingame, CA 94010
Revised 3/6/2002
to: CC, CM,
have
v4,
October 14. 2002
Dorothy'Kaz
I I l0 Douglas Avetrue
Burlitrgame
Phone 347-8327
Here are nty answers to the 8 questiotls listed on the prececling page Since I applied for the Beautification
Courrnissio' last year, and my feelings 6ave not changed. theie answers are the same except t6at they
have been updated.
I . Comnturitr involr ement is ver)' important to nle (and to m1' husband- Herman' who has been on the
Senior Commission). Wrile I have not. unill last year tried for an office within this ciry's government'
I have always made an effort to be aware3nd to p;rticipate in community activities l am a member
of the Burlinga*e Histo.cal Society, the nudlngame sr. Citizen-club, and am a "Friend" of Mills
Canvon. Working oriit e rtection ioard in my frecinct. as I will next month on No1'. 5. 5as ahval s
been a high PrioritY for nle.
Education and work experience of the years past has brought me to this culrent attitude and desire to
now contribut. t" ;;y ;;i*.*Ct 'rrainini iiigtrr" indeeJ include the almost dailv maintairung and
srveeping of our ou'u Propen)*'
2. The largest .'tirrre.taker,, of trry rrrany volunteer activities is the Auxiliary of the Mills.Perrinsula
Medical Ce,ter to *,hich l have belongea ioiuf*ott 20 years: and in addition to the 3 orpnizalions
listed above . I arn somewhat active in the San Mateo Fiistorical Society. co,vote Point Museum '
BroadrvaY b1' the Bay' and the AARP 55 Alive safe driving classes '
3. Yes. I can find time for the Beautification Commission, and. if selected I have the time for monthll'
nleetings.
+. "City of Trees" is a very importrnt and proud name for a city to possess' Burlingante gives much tinte'
attention. and finance to its trees, I know. ft
"
io* of new ptantiA trees along California Dr' is to be
commended. and since that is my neighborhood- my gateful thanks for thent' I am a strong advocate
for trees.. a,d while I thought last winter that some-oi those new trees had surely died" I rvas so pleased
this past spring to see them all with leaves and blooms'
5. No. I have rlever been in any situation where I have had to enforce laws' etc'' but I am swe I could
nUtit ttre requiremeuts of this position rvhen called upon'
6. I have no expertise in this matter, but am willing to learn'
7. X We are owners of the small apartment building in which we live'
7. while primary attention seems to be given to city trees, I think there are other areas that continue to
require the attention of the Beautihcaiion commission' Among them' and of great concern to me:
I )Tl1e removat oifatlen leaves and litter when the street sweeper goes up the middle of the street'
comes right back Jolvn. and the effort is not worth any'thing, and 2)the litter and dirtiness of our tlvo
mai' busi,ess streets and sidel'alks I t"ouia fif." to partici-pate in a campaigrr for more commutritl
itrvolvetnent in "beautifring' Burlingame'
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
phone: (650) 558-7330 ' fax: (650) 696-7216
recreation@burlin game. org
BEAUTIFICATION C OMMISSION
Supplemen tal Questionn
Applicant's Name:Do<oTt+dl , K+r
To assist in the selection process, please answer the following questions and submit written
responses with your application form. -kesponses should be typed. You may use additional
sheets ofpaper. Thank you.
The City of Burlingame is endowed and forested with a variety of healthy and valuable trees
which must be protected and preserved. The preservation of these trees is essential to the
health, welfare and quality of hfe of the citizens of the City. The Beautification Commission
was formed to assist the City Council and staff with such protection and preservation.
1. Please comment on how you feel that your education, training, experience and community
involvement, will be a benefit to the Beautiftcation Commission and the community?
('1L,es< ,fo4-el J;A ry;t.stc- ,sr{.q,"'dTe, f leJ 5e
,e; eJ* *ttuu-L'd> u o)c
2. Please list the community activities or organix,ations you have participated in and indicate
your level of involvement (member, attended event, ran a booth, worked on the organizing
committee, was an ofJicer, etc.). Indicute the amount of time each month you spend on
each of these activities.
3. The Beautification Commission meets monthly. Do you feel that you have the time to
make such a commitment?
Continue on reverse side -
FOR CITY USE ONLY
rp tct.-I
City of Burlingame
Commissioner Application Form
Please print or type.
p Burlfngame registered voter
' Copies to: CC, cu, f'de<,;
Name: {oyD {. tdenn
Address: 7L O T,+ i-D/14 A Ur
Phone:g{2-7//0 (doy)S 7O - b/OZ @vening)Email @pfionat)l Sdco € t I s Dpdc6{z-c-zt}L,r-
How long have you lived in Burlingame (years)? /o * yz,trzt
Are you registered to vote in Burlingame? Yes M' No tr
Education, / I Degree(s)/lvlajor(s); Hoz r/ z ,/L ra rz E
Occupation / Specialty: L ,1*.rp Sc4 ?a Ca.\-/5r.zoz c.rr<: c.r)
/'SEmt-,( EE r, rzea )
Please accept this as my application for a position on the (select only one):
6 Beautifi cation Commission
tr Civil Service Commission
D Library Board
tr Parks & Recreation Commission
E Planning Commission
tr Traffic Safety Parking Commission
fl Mosquito Abatement District
Signature:
Please
Date:- 27-a7-
cation and supplemental questionnaire to:
City Manager's Office
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
IU:Wly Dcumnts\Comissions\Comission Applicatiou 200 l.wpd]
Rcvised Oclobcr 4, 2001
I
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
phone: (650) 558-7330 ' fax: (650) 696-7216
recreation@burl in game. or g
BEAUTIFICATION C OMMISSION
Supplemental Questionnaire
Applicant's Name:_-J o ha {, 6JrLb
To assist in the selection process, please answer the following questions and submit wntten
responses with your application form. Responses should be typed. You may use additional
sheets ofpaper. Thank You.
The City of Burlingame is endowed and forested with a variety of healthy and valuable trees
which must be pritected and preserved. The preservation of these trees is essential to the
health, welfare ind quality o1itp o7 tne citizens of the City. The Beautification Commission
was formei to assist in" Ctty Council and staff with such protection and preservation.
l, please comment on how you feet that your education, training, experience and community
involvement, will be a bineftt to the BeautiJication Commission and the community?
,4s / L(zLJsta Cl,,.t45c#a 1o*/rz*<-7orz A/.J4 ;rt7/ '+
DE 4 & Ll z,J //a /z-;.,C-.7u44 tJ l7 4 <l </4.t l<: /{ tz. s 7 a./ r dZ
z-.1N?';ctlPZ .7r<Jr''zSr*t/ 7 F{/ L /J/ KNa'y'uz/)4e /5 "a2/Jz/'<"/c''
T lr.1 r*/ TL.Z, sTlo t.J 5 € J 'tJa lu'zo; J4*rt-1 14'42 lt/ E'<) '/ i I u ',)zt<t 'Jr.y'zL ''
2. ptease tist the community activities #?r{*r[{"K;ru have participated in and indicate
yoar level of involvement (member, attended event, ran a booth, worked on the organizing
committee, was an fficer, etc.). Indicate the amount of time each month you spend on
each of these activities.
f 4*uz 4,2,d s'utbc'e/z'a cc/t'f/ zo//-z'/'<'/c ieccz'e
Foft- f./c z/*)7 7 /e,lr's /'J 6'zz''' <)Q'**</' 7 /r'4u<
AJo f r4.,lo i./ rzr r/ 7'/zz t ,F ) tU eT/Z..e aE I '?^) '.z J'/-t'o't'/S-
3 The Beauttlication Commission meets monthly. Do you feel that you have the time to
make such a commitment?
yuQ
YL5
Continue on reverse side -
Beautification Commission Supplemental Questionnaire
h n Uub^Page 2
App licant Name: :--/U
4. Burlingamr.irr*.q.yo as the *City of Trees." What does this statement meon to you/^ r ,' .' '""'' \
fit /3 Wrfr T(nr gplcr*/(,4ttt I ti.cl i c4 i <t€ /48' . ,-rl),uo
1.tgxJOZ/lLdL CLr,,fl+Tt<- CAI/AtTrC^Ji. 15 u<,/(t-z-,4-5 ./1 (.t4'"/ t,\Jt/tf/-cl.zJ,'t-t-(,1./l
A/Jn fl-{ { )l!'T Lcor (,e+)cl fO Pc4n-t.r r i<-/;tft_Tc<rtc /'t 9Pt4.,2 C4,,Jctg,V
0F 12trc,...(Jctlf.r At.,o,.v4 |vtL of J"Q*\L€- 5<{L-t<-.4'.rrO
5. As a BeautiJication Commissioner, you will need to apply the City's tree ordinance to
many specilic situations. Have you ever been in a situation where you have had to enforce
laws, rules or regulations? If so, please describe that experience.
){{:, I lt.4J( Uti,,/ A S-n,-/::'tt-,4rJ(t5<e f,{ti_,6s (rf'F,,C(t--
frs* r{ ,v'ES ; flot (L{r f;?rt,c..,''i.t,"- 'n./,'H Ezd{,:,tC,:,'-Jii <-t/'J: ;-'
/A r, .t'.ia I < r,9 ae <- /<f^./:;cz) . 4*,h5rp2 (- o,t/,-z!.4{7r, L
6. LYhat criteria do you think should be considered in a discussion of whether or not a City
street tree should be removed?
p,lrt-/tig1z-S PRL.tE^J f H( 4Lf i-/ oF f'/z 7eFE-. u^JR<',*./': ,;-12.f
fua Trld <-d<r7,o*)1 p,iy't,/:E'> /'/'J1i-toL P/lt-,*/o A,Q.+'';(t-/z t
ftXt //,rtrtLD9r Raor; O4rl .+4tnJc: o/z /.>ctx,/8.1 rt,tz-./ CK41,a,-t/C
7. What groups within the community have you been a part of (please check all that apply):
,/ homeowner
work in Burlingame
own a business in Barlingame
/ have children in school
belong to a religious community
Other
8. Please list any additional information pertaining to your appointment to the BeautiJication
Commission that the City Council should consider.
f HiuL f -Lr ta/ t4 c6't- <2i' Z-//rt(. o^-/ Tty'{ E,/--r- eir-: ,.r,
.1r-t7/ P/)Rk" rl4)- Peo</e "a/yl .1Ne 4,.ioctza L/Kt T-a s r.+/ilr,/2..7714,
TH(.oor 4 rl f k/y'- lja,.4&y'7 2-t C..t/f1 e.,v ( Oct-t//.r,S5raz,., ,r/7 rr/ I'r/1 <-c".t4.? r 4-a_y''R ocLs,- o tr,4-X -fonl,/tt t t zt/:, f//e-7/f-e$,
Please retum your application and supplemental questionnaire to:
Vi Weber, Executive Assistant
City Manager's Office
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
All applications and supplemental questionnaires must be received in the City Manager's
Office no later than 5:00 PM on Tuesday, October 15,2002.
CITY OF BURLINGAME
Commissioner Application Form
Please print or type:
Name:
Address:IOA s Q-c,tlt,*rs 2u #3, o
0Cl 'l
I
(
20 02R
$ urlfngame r egis tere d vo t er
bopies to; CC, CM, D f e
FOR CITY USE ONLY
A rzrctl-
Phone: ranyt lkvenins)lEmail @ptionit)
bscs " qq6.Z1t/LSo -{q04>81 | J +cE. e:.:vv-tLs;or€@ rs5 nb.<o,,
How lo have u lived in Bur ?l/
Are ure stered to vote in Bur
Education:
kl* 6ro vad 6u., ,t)
? Yes Notr
Degree(s)Adajor(s): ,
- Ouggtitr S'tuo,-s ',B A- /4v,zatroSfitt'
Occupation / Srycialty:
ktufiru A*l (o-{ql-( atut
[Zu sst lt N
Please accept this as my application for a position on the (select only one):
n Beautification Commission
n Civil Service Commission
n Library Board
g Parks & Recreation Commission
n Planning Commission
n Traffic Safety Parking Commission'rM to Abatement District
Si fure:
Please return your cation and stpplemental questionnaire to:
Vi Weber
Executive Assistant
City Manager's Office
501 Primrose Road
Burlingame, CA 940f 0
0Date:qo
Revised 3/6/2002
To assist in the selection process, pleaqp answer the following questions and submit written
responses with your application form. !.esponses should be typed. You may use additional
sheets of paper.' Thank'yOu. " '' ' --\' - ,'-- : ---**)***:1.-'
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
phone: (650) 558-7330 ' fax: (650) 696-7216
recre ati on@burlin game. or g
PARKS & RECREATTON COMMISSI
Applicant's Name:tr t LllSa P
committee, was an etc). Indicate the amount of time each month you spend on
The City of Burlingame offers i wide range of recreation opportunities for its residents and
proviiles many differcnt park facilities for the communily to enjoy, By acting as the eyes' ears
and votce of the pub.lic, t!.9 Parks & Recreation Commission allows for better communication
between *e wOtic,$fdfi!? Council and stafi' , fr,.'.-;,:": ,, ], I1. Please comment on hbw you feel that your education, training, experlence and community
involvement, will be a benefit to the Parks & Recreation Commission and the community?
?h+. Lt<)o lN S+{eu4 @-*t/ulao tnt ry ryt Dcue6
rr;'Fr#:vir?;7ffxffi 'ffi ,#l*
UouC T'o 'ry\ \ - "
2. Please list the ,o*t*uoity activities or organizations you have participated in a,nit indicate
your level of involvement (member, attend.ed event, ran a booth, worked on the organizing
each of these \a 2-C Cot4'4tSItttt
fov'fi.cu 'Plei!'( :-t:tt( 4tr*!
(,ae/,xt e!€ *t; l, n95t9-t tN {nP9
" v +'8eu5 /4rrr,4:-o%,, __tpvr*t,t - ,ffirrprr;+y_
rLIZ
I !f \v"t \
3, Burlingame has a wide variety of recreational opportunities for preschoolers, youth, teens,
adults, senior cttizens andfamilies. Please inform as as to which of these program areas
are you familiar with and to what degree?
Tt*11 r,oo;cii ;ni(t (fee b*-ht"<
-,
> 0 e ,r,.{ na{ u^ntl {a'- /ory rt*t 0 ge n' tuu ut'z* 5
"
ocT I 5 2002
D)
LIll
E
Continue on reverse si{e -
Supplemen tal Questionn aire
Parks & Recreation Commission Supplemental euestionnaire
Page2
Applicant Name:&Saut
4. Currently, there are many issues facing the Parks & Recreation Department's budgel
Some of the maior proiects include playgrounds that are not up-to curuent codes, fieldsthat need renovation, parks restrooms that need remodeling and ballfteld tighting systems
thgt need repair. In a time or budget cutbacks, how would you prioritize your
recommendations to stalf concerning such items?
5. Many recreationfacilities (bal$ields,wimming pool,
residential netghborhoods. There are gccasions when
or lighting issues. How do you think the needs of the programs should bb
the impact of the surrounding neighborhood?
bto o r\> **-< thd+pte te{
('on tA-- g t.- @ t4 *t ct, ill v 7 |'he lt"u g
tennis courts, eti) are
these programs create
r, 5 i i
6. l;lthat groups withlffvhe commanity have you been apart "f ;i;Ari
homtiwner
- - rentii property (residentiat)
traffic
u2rof{S
check all, that apply):
work in Burlingame
Y- belong to a reltgious communiqt '' tf
Other
pu/,d4,tg i-f
koru. @
€.36 Lw {)ar
7, Please list any additional information pertaining to your appointment to the Parks &
Recreation Commission that the City Council should consider.
,.
Please retum your application and supplemental questionnaire to:
Vi Weber, Executive Assistant
City Manager's Office
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
All applications and supplemental questionnaires must be received in the City Managerrs
Office no Iater than 5:00 PM on Tuesday, October 15,2002.
FOR CITY USE ONLY
in;inltiil
ii 'j
/i.:)R
UCity of Burlingame
Commissioner Application Form
Please print or type.
$ aurfingome registered yoter/ copirr,i' cc, i, DfL
Name: ,'/1,1(ttt kl vogtt t,t
Address: lrl bratVp VV Lhvt0
Phone: 3.t8 .b @ay)WT Email @prionalt l,l4 L,ct(evening)Lt tL(ou.t
How long have you lived in Burlingame (years)? ,')/}s
Are you registered to vote in Burlingame? Yes { No tr
Education' l5 4 9iyt Dt
Occupation / Specialry: Volutdeefz
Statc- Degree(s)/Major(s) , LtL:tyz,^/ S if,5
Please accept this as my application for a position on the (select only one):
D Beautification Commission
tr Civil Service Commission
tr Library Board
6urUr& Recreation Commission
tr Planning Commission
n Traffic Safety Parking Commission' tr Mosquito Abatement District
Signature:Date:a
Please refurn your cation and supplemental questionnaire to:
City Manager's Office
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
IU:\My Dcumcnts\Conrnrissions\Comnrission Application 200l.wpd]
Rcvised Octobcr 4. 200 I
i
:
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
phone: (650) 558-7330 . fax: (650) 696-7216
recreation@burlin game. or g
PARKS & RECREATION COMMISSION
Supplemen tal Questionn aire
Applicant's Name:a Ur,oSon
To assist in the selection process, please answer the following questions and submit written
responses with your application form. ,Responses should be typed. You may use additional
sheets ofpaper. Thank you.
The City of Burlingame offers a wide range of recreution opportunities for its residents and
provides many different park facilities for the community to enjoy. By acting as the qtes, ears
and voice of the public, the Purks & Recreation Commission allows for betler communication
between the public, the City Council and staff.
1. Please comment on how youfeel that your education, training, experience and community
involvem tuu
J J
^
)
fr1J4
Please the comm activities or organization s
your level of involvement (member, attended event, ran a booth, worked on the organizing
committee, was an ofJicer, etc.). Indicate the amount of time each month you spend on
each of these activities.
-bt^o oL{ l/Mtw'd.1ttr,,
t'1.,t/11l
I
. luv twt o
tepns,
J tLtutL o
./htue
dt4u N ArIt
3 of opportun ities for youth,
adults, senior citizens andfamilies. Please inform us as to which of these program areas
are iliar with and to tup lLptfla,hau
1D
fuoUUVW
/JJ a,nu-
fam
W'b
degree?
I
Parks & Recreation Commission and the community?
/,1/11
g
M,
Parks & Recreation Commission Supplemental Questionnaire
Page 2
Applicant Name:IL
4. Currently, there are many issues facing the Purks & Recreation Department's budget.
Some of the major projects include playgrounds that are not up to curuent codes, ftelds
that need renovation, parks restrooms that need remodeling and ballfteld lighting systems
that need repair. In a time or budget cutbacks, how would you prioritize your
recommendations to
/L0,4 ( /LLi-
pool, tennis courts, etc.) are in or near
residential neighborhoods. There are.occasions when these programs create noise, traflic
or lighting rissues. How do you think the needs of the programs should be weiglted against
the of e
t
,4^g)l,t
6. What groups within
homeowner
r e nte d p r op e rty (r es id ential)
work in Burlingame
own a business in Burlingame
huve children in school
belong to a religious community
Luttr
Other
7. Please list any additional inlormation pertaintng to your appointment to the Parks &
Commission that City Council sh ould consider.Recreution,l UflA Qtt'iu
lUt
fu -tua
trw\ (0(A0dlL
b
Please retum your app and supplemental questionnaire to :
Vi Weber, Executive Assistant
City Manager's Office
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
All applications and supplemental questionnaires must be received in the City Manager's
Office no later than 5:00 PM on Tuesday, October 15, 2002.
:f.p
items?
LUA (LU
Ur\,had
STAFF REPORT AGENDA
ITEM #
MTG.10t21to2
8a
TO:
DATE:
FROM:
HONORABLE MAYOR AND CITY COUNCIL
October t0,2002
PUBLIC WORKS
SUBMITTED
BY
APPROVE
BY
SUBJECT: RESOLUTTON AWARDTNG 2OO2 STDEWALK MATNTENANC PROGRAM AND RESOLUTION
TRANSFERRING OF $15O,OOO IN GAS TAX FUNDS FOR CONSTRUCTION OF CURB AND
GUTTER - C]TY PROJECT NO. 8O7OO
RECOMMENDATIONS : It is recommended that Council approve the attached resolution awarding a contract for
this project to J.J.R. Construction, [nc. of San Mateo in the amount of $549,682.20. It is also recommended that
Council approve the attached resolution to transfer $150,000 from the gas tax fund to finance the curb and gutter
replacement work in the contract.
DISCUSSION : Bids were opened on October 3,2002, and four bids were received. Bids ranged from $549,682 to
$646,464. The low bid is approximately 9% below the engineer's estimate of $602,617. The low bidder, J.J.R.
Construction, Inc., has met all the requirements for the project, and has performed exceptional work for the City
in the past including the Broadway Streetscape Improvements.
The project consists of the replacement of sidewalk, curb and gutter as well as installation of handicap ramps in the
area of Easton Addition No. 2 Subdivision as indicated on the attached map. Construction is expected to occur
between November and May.
Since the replacement of curb and gutter is part of the street drainage system, this work is eligible for gas tax
funding. Staff therefore recommends transferring $150,000 from the gas tax fund to the project for this purpose.
As indicated in the Budget Impact Section of this report, the approved CIP General Fund Budget for the 2002
Sidewalk Program is $730,000. With a gas tax transfer and, as a result of lower than expected bids, the total general
fund projected expenditures for the Sidewalk Program will only be $520,000. Therefore, $210,000 will be available
to return to General Fund Reserve.
In addition, under the provisions of the contract, staff will be able to reduce the sidewalk bid items by as much as
257o, or approximately $130,000 during construction. Staff will carefully look for opportunities to delete sidewalk
replacement if it doesn't adversely affect safety or City liability.
Due to the City's financial situation, staff issued an addendum to the bid documents which allows the City to reduce
the total bid by 25% at the time of award. This was done to provide flexibility in the event of receiving high bids.
Staff recommends that Council not exercise this option as the City has received very competitive bids and staff still
has the flexibility to reduce sidewalk bid items by up to 25% during construction.
EXHIBITS: Resolutions(2), Bid Summary, Map
Page 2
October 10,2002
City Project No. 80700
BUDGET IMPACT:
Estimated Construction Costs
Construction
Contingency (15%)
Engineering Administration
TOTAL
$549,682
$ 82,318
$ 38.000
$670,000
Available Funding:
20[12103 General Fund
2002103 Gas Tax Fund
TOTAL
$580,000
$150,000
$730,000
There are sufficient funds in the annual sidewalk, curb, gutter and handicap ramp capital improvement project
budgets for all work. The general fund budget was originally approved for $730,@0 to perform the conffact work.
Donald P.E.
Senior Civil Engineer
c: Ciry Clerk, City Attorney, Director of Finance, J.J.R. Construction Inc.
S:\A Public Works Directory\Staff Repons\Eo700award.wpd
RESOLUTION NO. -
AWARDING 2OO2 SIDEWALK MAINTENANCE PROGRAM
TO
J.J.R.CONSTRUCTION. INC.
CITY PROJECT NO. 8O7OO
WHEREAS, the City Council has authorized an invitation for bids for the - CITY PROJECT
8O7OO - J.J.R. CONSTRUCTIO
WHEREAS, on OCTOBER 3, 2W2, all bids were received and opened before the City Clerk
and representatives of the Public Works Department; and
WHEREAS, J.J.R. CONSTRUCTION, INC., submitted the lowest responsible bid for the job
in the amount of $549,682.20.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and
Specifications, including all addenda, are approved and adopted; and
BE IT FURTHER RESOLVED that the bid of J.J.R. CONSTRUCTION, INC., for said project
in the amount of $549,682.20, and the same hereby is accepted; and
BE IT FURTHERRESOLVED THERETOthatacontractbe entered intobetweenthe 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 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 day of
,2W2, and was adopted thereafter by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
s : \apubl icworksdir\projects\resolutionaward
City Clerk
CITY OF BURLINGAME
APPROPRTATION TRANSFER REQUEST
DATE: October22,2OO2DEPARTMENT Public Works - Engineering
BELOW:1. REQUEST TRANSFER OF
DEPT OBJT PROJ AMT DESCRIPTIONFUND
$150,000 Gas Tax Fund
$150,000 Curb and gutter replacement3206610022080700
FROM:
TO:
DATE:BY:
To use gas tax fund to replace curb and gutter
instead of general fund
HEAD
Memo if Necessary)
DATEBY:
Remarks:
ACTION NOT REQUIRED
FINANCE
AS REQUESTED AS REVISED3.
Remarks:
BY:
RESOLUTTON_
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BURLINGAME
APPROVING TRANSFER OF FUNDS FOR FISCALYEAR 2OO2.2OO3
RESOLVED, by the City Council of the City of Burlingame, that
WHEREAS, the Department hereinabove named in the Request for Appropriation, Allotment or Transfer of Funds has
requested the transfer of certain funds as described in said Request: and
WHEREAS, the Finance Direc{or has approved said Request as to accounting and available balances, and the City Manager
has recommended the transfer of funds as set forth hereinabove:
NOW, THEREFORE, lT lS HEREBY ORDERED AND DETERMINED that the recommendations of the City Manager be
approved and that the transfer of funds as set forth in said Request be effected.
MAYOR
l, ANN T.MUSSO, City Clerk of the City of Burlingame, do hereby certifo that the foregoing resolution was introduced
at a regular meeting of the City Council held on the day of- and was adopted thereafter by the
following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITYCLERK
L:\Forms & Templates\Transfer Request.doc
gfTT OE BI'RIJIIGIUE
2OO2 SIDEMI'K IOII$ITNIITC PROGRI}I
ctry PRo,rEct f,o. 80700
BID STNA'ARY iT.I,.R. CONSTRUqTION
salr lG:rEo, cA
I{ORTIIWEST COIISTRUCTION
BI'RIIf,GTDIE, CA
P&P CONSIRI'qf,TON
I{EITIRK, CA
nIIIIIESIDE CONSIRUCTION
RrcHr,oND, ca
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NO ITEI4 DESCRIPIION
I'I{IT AREA U}IIT ENCINEERI S
ESTNAITE
UIIIT BID UNIT BID INIIT BID I'NIT BID
PRICE QUAITTITI SIZE PRICE .I}'OI'NT PRIG .eMoIntT PRICE A}IOI'ITT PRICE al4ol[tT
1 REMVE lND RESI,ICE SIDEMII($6.50 ,16 ,986 s. E $3O5, {09 . O0 s6.20 $291,313 .20 $6 .30 9296 ,011. 80 9? .50 $352 ,395 .00 96 .60 $310 ,107 . 60
2 RB{OVE A}ID RESI,ICE DRTVEBY 97 .50 8 ,620 s, E S6,t ,650 . O0 s7.15 s61 ,633 . 00 s8 .00 s68 ,960 . 00 s8 .00 s68 ,960 . OO 910. O0 s86 ,200 . 00
3 RENOVE IND REPI.ICE 14" CI'RB TND GI'rITR s30 . o0 2,t9a T.E s?t ,9{o . oo $26.00 $6,1 ,918 . 00 $35.00 s8?,{30.00 928 . O0 969 ,9{{ . 00 s30.00 9?t ,940 . 00
{REINOVE IIID RESTACE C{'RB $15.00 50 t.F 9750.00 $18.00 9900 ,00 s15.00 $750 .00 $22 . O0 $1,100 . 00 s13.50 96?5 . O0
5 CROSS GiIrIER $15.00 580 s, F $8 .700 . 00 $9.00 ls ,22o.oo $10.0o 95 ,8OO. OO $1O.00 $5 ,8Oo . oO s10. 00 95 ,8OO. Oo
6 COXSIRUqT HNTIDC]IP RII,IP s1 ,100 . 00 58 EJACII $63 ,800 . 0o $1, O00 . 00 958 ,000 . oo $1,000. o0 $s8,o0o.0o 91, O00 . 00 958,000 .00 91,623 .00 99{ ,131 . oo
7 REIiOVE SIDEMII( .}ND REPI,ACE WTTII TOP SOII,$3.00 1,086 s.E $3,258.00 s3.00 93,258. O0 s0 .50 9543.00 _ 93.00
$10.0o
$3 ,258 . OO s3 .00 s3,258.00
8 AGGREGIf,E BASE $10.00 700 TONS 9? ,0oo . oo $10.00 97 ,000 . 00 $10 .00 97 ,000 . 00 97 , O0O. 00 915 .00 s10 ,500 . 00
9 RE!{OVE ISPHIIT COI{CR.STE .IND CONCREIE BISE $3.00 3 ,810 s. P $11, {30 . OO s2 .50 99 ,525 . 00 90 .50 91,905 . 00 93.0O $11. {30 . 00 $3.OO 911, a3O . 00
10 RENOVT ISPHITT CONCREIE OT{LI s50.00 5 TOIIS 9250.00 935.00 s175.00 s35 .00 s175.00 9150 . OO 9750.00 $10o . oo 9500.00
11 IIEF ISPEII,T CONCREIE SI'REISING $1to. 00 1{5 TOt{S s20 ,300. oo $125.00 s18 ,125 . 00 9125 . O0 918 ,125 . 00 s150 .00 921,750 . 00 $200.00 629,O00.00
u2 DTSIIII CIONCREIE BTSE BTI'X IC SECITON IT 3i DEPIIS $3.00 3 ,810 s. E s11, a30. o0 93. 50 913 ,335 .00 91.00 $3,81O. OO $3.O0 911, 1130 . 00 92 .00 97 .620 . OO
13 SEER CI,EIII-OI'T ERIUE $200.00 10 EACH s2,o0o.o0 9?5. O0 9750 .00 950.00 95OO. OO $5O . O0 $soo .0o $5O. 00 9500 . oo
1{REPIIR IRRIGATIOT SYSIE{$4 , 50O. 00 1 L.S sr , 500 .00 9500 . o0 $500 . oo sl,000 . 0o 91,000.00 s3,ooo.o0 s3,ooo.o0 $1, O00.00 91, OOO , O0
15 REPIIR / BEEI.TCE NXIERIIIIE (1OI UTX.)s1, 5OO. OO 5 EACH $7 ,5OO . O0 9100 . OO $5OO. OO $100.00 9500. OO s].oo, oo ssoo . oo $100. oo 95OO.00
16 .}D"UST IANHOI.ES TO GR,IDE $600.00 3 EACII s1,800 .00 920O. O0 $600 .00 s300.00 9900.00 $250.00 97s0.00 920O.00 9600.00
t7 SIGIT POST $100.00 3 EtrCH $300. o0 9100. 00 s300.00 s100.00 9300,00 $10o.00 s300 .00 s100.00 $300,00
18 PIRIGJTG I,'EIIER POSTS s10o. 00 1 EACH 91oO .00 910O. O0 $1O0 . OO 9100 .20 9100 .20 9100.0o $100.00 $10o .0o $10o.00
19 DRIIITAGE IXf,ET REI,oCXrIOf,A.oD. Xf, CI'RB Rll.IP S,1,O00.00 3 EACH $12,OO0. O0 9a,ooo.oo s12 ,0o0 . 0o $1,000.00 93,OO0.OO 9{,OOO.OO $12 ,000 . 00 $2 ,50O . OO s7 ,50O. OO
20 INSTII,T RO(,I BIRRIER FIBRTC $25. 00 100 IE s2 ,500 . o0 s15 . O0 s1, 500. 00 s35 .00 93 ,500 . 00 s8.oo s800. oo s18 . OO s1 ,8oo . 00
TOrjlr s602,617.00 $5t9 .682 .20 $558 ,310 . 00 9629 ,767 . OO 96{6,164.60
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STAFF REPORT
HONORABLE MAYOR AND CITY COUNCIL
October 9,2002
PUBLIC WORKS
AGENDA
ITEM #
MTG.
DATE
101211o2
8b
TO:
DATE:
FROM:
SUBJECT:
BY
SUBMITTED
APPBOVED
BY
RESOLUTION APPROVING STATE REVOLVING FUND LOAN AND AUTHORIZING ESTABLISHMENT
OF A CAPITAL RESERVE FUND . WASTEWATER TREATMENT PLANT IMPROVEMENTS, CITY
PROJECT NO. 9948
RECOMMENDATION: Staff recommends that Council approve a resolution approving a State Revolving fund
loan and authorizing establishment of a Capital Reserve Fund for the Wastewater Treatment Plant Reliability
Improvements Project.
BACKGROUND: City staff through U.S. Filter contracted with Carollo Engineers to complete plans and
specifications for new wastewater treatment plant facilities, as well as equipment upgrades and replacements.
The State Water Resources Control Board's Division of Clean Water provides low interest State Revolving
Fund (SRF) loans for these types of plant improvements. Water Resources Board staff have approved the
eligibility of a significant portion of the improvements for an SRF loan. The estimated loan eligibility is $10.2
Million based on the actual accepted low bid received.
DISCUSSION: In order for the State to proceed with issuance of a loan contract, the City is required to
dedicate a source of revenue for repayment of the loan (see attachment). The attached resolution pledges net
revenues from the sewer fund for repayment while still allowing the City to secure other obligations from net
revenues on a parity or subordinate basis. The resolution also establishes a Wastewater System Capital Reserve
Fund subject to the following provisions:
. amounts in the fund shall be available for the sewer system CIP improvementso a year after project completion, the City shall deposit from net revenues 0.5% of the final principal
amount for ten yearso all earnings on amounts in the fund shall be deposited in the fund1 any expenditure from the fund shall be replenished from net revenues in an amount of l0% of the
expenditureo the City Manager and Finance Director shall submit to the State Water Board a report on the fund
status every five years
EXHIBITS: Resolution; State Water Resources Control Board ktter
BUDGET IMPACT: The reliability improvements project will be funded by the State Revolving Fund loan
with repayment from net revenues from the sewer fund.
650-558-7230
City Clerk, Rahn Becker, Frank Erbacher
Rich Perna
c
S:\A Public Works Directory\Staff Reports\948SRFlran&CRF.SR.wpd
RESOLUTION NO.
RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF BURLINGAME
APPROYING A STATE REYOLVING FTTITD LOAI\I FOR
WASTEWATER TREATMENT FACILITY IMPROYEMENTS AI\D
ACCOMPAI\IYING DOCUMENTS AND AUTHORIZING THE ESTABLISHMENT OF
A CAPITAL RESERVE FUND IN CONNECTION THEREWITH
WHEREAS, the City of Burlingame ("City") pursuant to Resolution Nos. 59-2002 arrd
60-2002 adopted on May 20,2002, authorized the City's application to the State Water
Resources Control Board (the "Board") for financial assistance for the City's Wastewater
Treatment Facility Improvement Project, City Project No. 9948 (the "Project") and the dedication
of sewer system use charges to repayment of a State Revolving Fund Loan; and
WIIEREAS, there has been submitted, and is on file with the City Clerk, the proposed
form of State Loan and Installment Payment Agreement, by and between the City and the Board;
and
WHEREAS, in connection with the Agreement, the Board has required the City to
reserve a portion of its funds for future expansion, major repair or replacement costs of the City's
Wastewater System,
NOW THEREFORE, the City Council of the City of Burlingame hereby finds,
determines, declares and resolves as follows:
l. All of the recitals set forth above are true and correct, and the City Council so finds
and determines.
2. The proposed form of Installment Sale Agreement (the "Agreement"), by and between
the City and the State Water Resources Control Board, 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 officer may require or approve, such approval to be conclusively evidenced by the execution
and delivery thereof; provided, however, thal (i) the term of the Agreement shall end no later
than July 1,2026; and (ii) the maximum principal amount of the Agreement shall not exceed
$11,000,000.
3. In connection with the Agreement, the City hereby pledges all Net Revenues (as such
term is defined in the Agreement) to repayment of the Agreement, provided that such Net
Revenues may additionally secure other obligations of the City on a parity or subordinate basis to
the Agreement. This pledge shall remain in effect until the Agreement is fully discharged unless
I
modification or changes to such pledge have been approved in writing by the Board.
4. A Wastewater System Capital Reserve Fund (the "Capital Reserve Fund") is hereby
estabtished in connection with the Agreement, and the City hereby covenants for the benefit of
the Board to maintain such fund until the obligations of the City under the Agreement have been
discharged. The funding and use of the Capital Reserve Fund shall be subject to the following
provisions:
(a) Amounts in the Capital Reserve Fund shall be available for the expansion,
repair or replacement of any capital improvements of the City's Wastewater System,
including but not limited to costs for planning, design or construction of capital
improvements.
(b) Commencing in the fiscal year following completion of the Project, the
City shall deposit for a period of ten years from Net Revenues (as defined in the
Agreement), an annual amount equal to one-half of one percent (0.5%) of the final
principal amount of the Agreement. The deposit to the Capital Reserve Fund shall be
made on a subordinate basis to the payment of debt service on, or other contractual
requirements with respect to, obligations of the City payable from Net Revenues (as
defined in the Agreement).
(c)
such fund.
A1l earnings on amounts in the Capital Reserve Fund shall be deposited in
(d) In the event of an expenditure from the Capital Reserve Fund, the City
shall, solely from Net Revenues, replenish such fund in an annual amount equal to ten
percent (10%) of the expenditure. The replenishment of the Capital Reserve Fund shall
be made on a subordinate basis to the payment of debt service on, or other contractual
requirements with respect to, obligations of the City payable from Net Revenues (as
defined in the Agreement).
(e) The City Manager and Finance Director/Treasurer, jointly and severally,
are hereby authorized to prepare and submit to the State Water Resources Control Board,
Division of Clean Water Programs, a report on the Capital Reserve Fund activities and
fund status beginning five (5) years after the completion of construction of the Project and
updated reports every frve (5) years thereafter until the Agreement is discharged.
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certifu that
2
5. This Resolution shall take effect from and after its adoption and approval.
the foregoing resolution was introduced at a regular meeting of the City Council held on the
-
day of
-,200}
and adopted thereafter by the following vote:
AYES: COLINCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
City Clerk
C:\Documents and Settings\dmortensen\Local Settings\Temporary Internet Files\OlK2C\wastewaterreserve.res.wpd
3
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65834237t2
658685e3I0
BURLlNGAME
R,I ENGII.EERJHG
PAGE 02
PAGE O1
k*rtr
State W ater Resources Control Board
Dtvtrlon of Cbrn lVrrrr Progreml
l 00l I tu' S*rilrsfib, Cdi&trrlr 95! ltl' (9t6) 3'11'5642
Udllof le*t e.O, nor Xd n' 8rmffio. Cdlfutrrh' 9'2"'2 1 10
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ft{W,tmbi ways lmt'*trn/11a *naaiailiutl+tr.nlllfr,cota, r,torrllelxtilt otHq:fltt+'iltlH4,h'cr^rct'
Ars 26 ffi
@
0myDrvbWil*ol B. Illelorgcanqr,fu
,Brullu;rrrrrl
Prc)actlall
Ml. Rihtt Becker
Assisttnt City h,Irneger
City of Brrrllnganrc
CityH.ll
501 Primrore Rod
Errrlinggrne, CA 94010-3997
tllutrE $wnD FlI irEilo 01ilc
Dear Mr. Bscker;
DNAFT REVENUE PROGRAM APPROVAL - CTTY OF BTIRLINGAME (CITY), STATE
REVOLVBIG FLrND (SRF) PROJECTNO. C464?72-rL0
Ttrc dnft weFtcwEl€r rEvonue prcgxrm for thr City, submltted rvrth you lettcr, d*cd
Itlnrch 13, 2002, is approvod for compluncc wit BRF rsquiroments for Revenut Progmrn$.
The fotlowing SR.F Program raquiremcntr rru6t bc satieftcd bdort thc Division of Clean Wmer
Progrrms cen iasuc a loan conktct:
l. fui ordinrcc or rcsolution dedicaling r rource of rsveoue ftr reprltn;nt of tho 8RF loan
must b€ edoptcd and eppmvcd, To avoid dtlayt, it is rtr:omnended fhat a drafl of this ondlnencq
or reroludon bc rubmiBed for qur rcview at your eerllest convcnlensc. This wifl avoid dcteyt la
gtlts Wd6r Repowcee Control Bgard rotioa on your loan commltnent. The pryporcd ordirunco
rhould codain languagq equlvalcut to lhe follmring:
'Tne CltI of Burlingamu hrrcby dedicetcc the fofiorplng sourcC of ruvenucjgg
chrrqe. procea{f g[rcvauu*onds. ctc.) - to Epa]rylent of any and all Statc
Rcvolving Furd lorns on ProJeot No, C{6*4772-110. Thir dodicatcd rorucs of
rcvcnuo shall rcmain in eftctuntil such loan (or loans) is firlly discharged unlcrs
modifioetion or ohange of suotr dedicrtion is approvcd in writing by tic Statc
Watcr Rowurces Counol Bffid.n
2. An ordinance ot tpsolution dcdioeting a'lWastewater Capital RcsGrvc F'und" (WCR$ mrst
aho ba adof*ed and approved. Dctritcd mqldrements for thc WCRF will bc fmmd on Pagec t I
rnd 19 of thc Juno 18, 1998 vursion of tht nPolicy fot knplernenting the State Revolving Frrnd
for Constrrrction of 'WastewaEr frtatmsnt Fecilitiec".
Ca lfunta Eavbonncatal houctioa Agcncy
I!A 6
00./0spt,c0.
Phono I nonn fsr*?a! aW,W lnr I ttf,?-lr o
$ iroc/rdFefar
1.s/BB/2ao2 t 5:53 65a3423712
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BURLINGAME
PIJ EN9II.iEERiI.IG
PAGE 03
PA(jE g?
A.G 28 m
Mr. Raha Becker
Runald R. Blqir
Bevmue Program Specialist
A frnf,l rewnue 16o$artr and r &sft sewtr ratc ordinmco rnust be submincd and epprcved by
this bffic,e prior to payout of loart procrtds in cxccss of 90 ptrceot of the loan slrlotmt.
If you havc any questlons regarding this lottr, plcrse co*tacl mc at (9tS) 341'56'42.
Sinoercly,
|'rr^aW
Czlifornta Enriroamenlal Protoctioa AgeNEy
$ruolcild Farn
\a/gg/zaa2 L5:53 6ia34237l2 BURLINGAME PAGE g4
1. Wast$rater C$pital Reserve.Eund (WC,RF)
All rccipients of SRF loans shall create a dedicated
WCRF for expansion, major repair, or replaceruent of
thcir wastewater treatmcnt facilities.
The SRF loan contract will not be issued rurtil an
ordinance creating the WCRF ie erracted by thc localgoverningbody. :
d.
a.
c The recipient shall dcposit eufficicnt firnds to build up
the WCRF at a minimum rare of ono-half of one (0.f)
pcrcent of the SRF loan arnount each year for a period
often (10) years.
e.
f.
All irrterest earned on deposits to the WCRF shall
remain irr the WCRF for the uses specified bolow. Thc
recipient shall rcplace any amourts expended from thc
WCRF.by depositing at a minimum annual rate of ten
(10) peroent of the expcnded amount.
The recipierrt's unuged bonding capability for the
wastoweter entcrprise may be used to offset, dollar for
dollaa the required cash deposits to thc WCRF.
llnused bonding capabilitymeans, with rcspoct to cach
SRF loan conkact issued after January 21, ig93, an
amourt cqual to unissued bonds or othm indebtodness
authorized eithcrby vote of the local electoratc or by
provisions of local or ottrer law undcr which tha
borrowcr would be leg*Ily pcrmitted to issue euch
bonds or other iadebtedness without apprcval by thc
local elcctoratc or by any other publi"
"ntity.
The amounts required to be.deposited in the WCR.F
may be reduced by arry amounts held and not
previously allocated for the purposes of this
calculation. Thc amounts may be held in any furrd or
account cstablishcd puruuant to a rcsolution or i
indenhrre of a borrower purcuant to which any bonds
or other indebtedness have been issucd and are
outstanding, which amounts may be used for the
purposcs for which the WCRF is established.
l8
b.
' 'l.O/98/2O92 15:53 65A34237L2 BURLINGAME PAGE 85
g-Yo"uy depositod in thc WCRF shall be anailablc for
&e coEts forplanning, design, and construction of
capital improvemcnts (Sce IX.D.l.a. abovc) to the
wastcwatcr trcstmcnt facilities.
}:11:ini:"! $"tt prcpare and submit a rcport onWCRF activitics an! fund stetus bcginning fivc (5)
ycars aftcr the Division's approval of tne nna R*erru"
h,ogram. A report shall bcduc evcry five (5) years for
the lifc ofthe loan contrrct.
Thc regriremcnt to crcare and maintain a WCRF shall
rcrnain in forcc for the li& of thc roan contract. At the
end of the loar contacqdisposition ofthc WCRF ;ll
be a local responsibility.
Failurc to mcct thc provisions of this Section could
rcsult in the immediate recafl aad repayrrcot of all sRF
loan firnds disbursed to rhe rccipicni. -
h.
i,
j
STAFF REPORT AGENDA
8c
10t21to2
HONORABLE MAYOR AND CITY COUNCTL SUBMITTED
October 8,2002 BY
APPROVED
FRoM: PUBLIC WORKS
SUBJECT:
APPROVAL OF ATTENDANCE AT OUT OF STATE CONFERENCE
RECOMMENDATION : It is recommended that Council approve the attendance of two staff members at an out-
of-state conference in Tucson, Arizona, for the Water Environment Federation (WEF) Conference on Capacity
Management Operation and Maintenance (CMOM).
BACKGROUND: The WEF is sponsoring the2002 CMOM Conference which includes technical workshops and
seminars for cities regarding revised sewer regulations. Burlingame will need to comply with new zero-tolerance
requirements for sewer overflows and be able to meet new reporting requirements.
ln order to keep current on these issues and to earn Continuing Education Units required for job certifications, it is
recommended that the Public Works Superintendent and the Assistant Superintendent from the Street and Sewer
Division attend the conference in Tucson, Arizona, on December 12 ani 13, ZOO2. These conferences are only
offered in San Antonio, Miami and Tucson this year. Attached is a flyer for the conference.
The estimated cost for travel, accommodations, registration and food for the conference is approximately $775 per
person.
EXHIBITS: Conference Flyer
BUDGET IMPACT: Funds are available in the existing Street and Sewer Divisions' operating budgets.
Tel. 650-558-7230
c: City Clerk, Public Works Superintendent
IITEM
MTG.
DATE
TO:
DATE:
BY
\9EPA W
The Water Environment Federation
Presents
lmplementing a Capacity, Management,
Operation, and Maintenance (cMOM) Program
In conjunction with
US Environmental Protection Agency{ffice of Water
Water Environment Federation
601 Wythe Street
Alexandria, VA, 22314-1994 USA
www.wef.org
November7 & 8, 2002
Four Points Sheraton
Riverwalk North
San Antonio,Iexas
December 12 & 13, 2002
Tucson Manioft University
Park
Tucson, Arizona
lmplementing a Capacity, Management,
Operation, and Maintenance (cMOM)
Prograrn
Sponsored by the Water Environment Federation and
US Environmental Protection Agency
llUho should attend?
Utility Managers, Wastewater Collection System Managers, Wastewater
Co! lection System Operators, Engineeri ng Consultants, M anagerVOwners
of Contract Operation Firms, and State and Federal Regulators
Obiec'tives of the Workshop
Leam strategies and be given tools at this workshop to take the next steps in
implementing your cMOM program. The worlshop will provide a brief overview and an update from EPA
on the status of the SSO Rule before jumping into the heart of implementation. Financing your program,
gaining technicalinformation on operation and maintenance issues, developing grease control programs
and assessing your assets will all be program aspecls that will be covered in addition to some local
implementation information from the regulato/s perspective and from the utility's perspective. The
workshop will wrap up wtth an opportunity for atterdees to ask speakers additional questions in areas of
particular interest. Attendees should walk away from the workshop with many ideas on how to move
various aspects of their own cMOM progmms fonrard.
Aqenda
Day 1: Registration: 7:30am - 8:30 am Course: 8:30am - 4:30pml. Welcome and Overview of Workshopll. The cMOM Cyclelll. Where ct\,lOM is HeadedM. How To Obtain Support ForYour ProgramV. DevelopingYourO & M ProgramV. FOG ControlProgramsVll. Standards, Policies and ProceduresVlll. How To Work With Your RegulatorX Locallmplementiation
Day 2z Course: 8:30 am - 12:00 noonl. Affrmative Hense in the SSO Rulell. How To Perform An Asset Assessmentlll. LocalctvlOM ProgramM. Panel Discussion
Speakers will be (tentatively):* Rick Arbour, Brown and Caldwell* Jim Courchaine, Brown and @ldwell* Roy Henrig, Brown and Cal&vell* George Martin, Greenwood Metropolitan District (South Carolina)* Bob Matthews, CDM* Blair Troutman, Malcolm Pimie* EPA SpeakerTo Be Announced
-r.i,.l
eguBsiEEEEincludes all course materials as well as continental brsaKast both momings and a boxed lunch on the
first day.
Advance OnsiteMember $225 Mernber $250
Nmmamber $325 Nonmember $350
CO'{TACT }()URS
WEF will issue a Certificate of Atendance to each workshop participant for 10 contact hours (1 .0 CEUS).
REGISTRATION DEADLINE
Registration deadlines are one week prior to the event Your registation form must be recelved by WEF vla phone,
fax or mall by clos6 ot buslnoss one week pdor to the event, or you will need to regisbr onsite.
Hotel lnformatlon
San Antonlo. Tsxas
Four PoinE Hotel Ri\rerwalk North
1 10 Lexington Avenue
San Antonio, Texas 78205(21o) 9481
Reseruatlons: (800) 288-3927
Rat€a: $g1/single or double
Workshop roo.ns will be honored on a spaceaEilable basis through October 23rd. After this date, workshop rates
cannot be guaranteed. Please call early to obtain the ! orkshop rate and be sure to mention the Wat6r Environment
Federation to obtain this rate.
Allpo Transportation: Taxis frcm the airport are approximately $12. SA Trans is a shuule servkle that you may
catch at the airport that serves all downto'vn hotels. SA Trans charges $9 each way for shuttle service to tha Four
Points Hotel Riven/valk North.
Parklng: Self-Parking J6, Valet PaftlngF-$12
Tucaon. Arlzona
Tucson Maniott University Park
8s0 East 2d Sbeet
Tucson, Arzona 85719
Resorvations: (52O) 79241OO
RatG: $s8/single, $T3idouble
Wo*shop rooms will be honored on a spaceavailable basis through Nov€mber 276. After this date, workshop rates
cannot be guaranteed. Please call early b obtain the rvorkshop rate and be sure to mentbn the Water Envimnment
Fede€tbn to obtain this rate.
Alrport Transportation: Arizona Stagecoach is the hotel's recommended ransportatlon service. They are located
just outside of baggage claim and run 24 hours a day, 7 days a week. The cunent charye is 915 one-way or 926
round trip. Taxis arc also available at the airport and should cost approximately $2G$26 each way.
Parklng: Self-Parking+$8, Valet ParklngF-$1o
OTHER UPCO It{G GIUO WORKSHOPS
San Antonio, TX November 7 & 8, 2002
Miami, FL November 14 & 15,2OO2
Tucson, AZ Decembe|l2 & 13,2002
UPCOMI'{G FOG WORKSHOPS
Chicago, lL December 3 & 4, 2002
COMBINED FOG/GMOM }DAY I'I.ORKSHOPS
Honolulu, Hl April 14-16,2003
Workshops are being scheduled for 20031 For more updated infomation about future courses, contact the WEF
;
Customer SeMce Center at 1-800€6&0206 or visit the WEF website fuww.wef.org/conferences).
For additional information conceming course content please contact Lauren Power, Technical Programs Manager at
(7O3) 6€/l24d;2 or via email al lpwe@wef.ug.
SAVINGS
Kitchen remodel (Station 36)In Progress No $ 73,000 $0 $ 78,479 0%
Police Station remodel In Progress No $ 50,000 $0 $ 50,000 0%
Concrete work (Station 34)Not Started No $ 40,000 $ 10,000 $ 30,000 2s%
Training Room remodel (Station 34)Not Started No $ 6,000 $ 300 $s ,7 00 5Yo
Lighting upgrades at Library Not Started No $ 18,000 $ 15,160 $ 2,840 84%
Door holds at Library Not Started No $ 25,000 $ 17,329 $ 7,671 69%
Lock-sets and re-keying at City Hall Not Started No $ 12,000 $ 1,700 $ 10,300 14 Yo
Reduce lighting levels in library In Progress No $ 10,000 $ 8,125 $ 1,875 8r%
Cooling Tower chemicals at City Hall Not Started No $ 5,000 $ 2,900 $ 2,100 58%
Carpet at Station 35 Not Started No $ 1,500 $0 $ 1,500 0%
Carpet at Library Not Started No $ 10,000 $ 7,000 $ 3,000 70%
Painting garage at City Hall COMPLETED No $ 18,000 $ 14,003 $ 5,197 77%
Carpet at Recreation Center In Progress No $ 4,500 $0 $ 4,500 0%
Heating system at Recreation Center Not Started No $ 5,000 $ 2,600 $ 2,400 s2%
Heating for Caucus room at City Hall Not Started YES $ 10,000 $ 10,000 $0 100 o/o
Repairs and painting at Depot COMPLETED No $ 12,000 $ 9,153 $ 2,847 76 Yo
TOTALS $ 300,000 32 Vo
PROJECT PROJECT
STATUS
F'UNDING PROJECTED
REDUCTIONS
(As of Aue'02)
$ 98"270 $ 208"409
Agenda ltem a
Meeting Date /o -2t-\?-
RECOMMENDED FOR
$2,853,278,49
Ck. No. 85064 - 85576
Excludes Library Cks. 85178-85230 & 85328-85333
APPROVED FOR PAYMENT
Payroll for September 2002
$1,679,044.03
Ck. No.150633 - 151075
"EFTS for September 2002
$430,698.13
-ELECTRONIC FUNDS TRANSFERS
EFT'S INCLUDE: State Withholding
SDI (State DisabilitY)
PERS- Health Benefits
Retirement
10-03-2002
THIS IS TO
INCLUSIVE,
THE AI.IOUNT
OFFICIALS,
ACCORDANCE
CITY OF BURLINGAMELIARRAIIT REGISTER
FUIID RECAP . 02-03
PAGE 10
Ai.IOUNTNAMEFUND
101
320
326
327
526
527
528
529
618
619
620
621
625
731
896
10,500
216,512
8,696
GENERAL FUND
CAPITAL IMPROVEI.{ENTS FUND
L'ATER CAPI TAL PROJECT TUND
SE!/ER CAPI TAL PROJECT TUND
I./ATER FUND
SEI,JER FUND
SOLID UASTE TUIID
GOLF CENTER TUND
SELF I NSURAIICE FUND
TACILITIES SERVICES FUND
EOUIPMENT SERVICES FUND
INFORI,IATION SERVICES IUND
FIRE IIECHANIC SERVICES FUNO
TRUST AND AGENCY FUXD
UTILITY REVOLVIXG FUND
20
72
75
00
00
51
99
00
00
74
59
l3
61
11?,623
11,640
63,6a4
1 ,821
22 t500
12,000
1,489
8.529
I ,205
233
18,695.00
61 ,836,65
$581,959,02
CERTIFY TIiAT IIIE CLAITIS LISTED ON PAGES XU}IEERED FROI.I 1 THROJGH 'IO
AXD/oR CLAnIS NUT.iBERED FRO,4 85457 THRoUG|{ 85576 INCLUSIVE,ToTALING I[
OF $581,969.02, ITAVE BEEN CHECKED III DETAIL AND APPROVED BY TIIE PROPER
A}ID IN I.IY OPINION REPRESEIIT FAIR AIID JUST CITARGES AGAINST TIIE CITY II.I
IIITII THEIR RESPECTIVE AI.IOOiITS AS INDTCATED THEREON,
RESPECTFULLY SUBTIITTEO,
DATEFINANCE DIRECTOR
APPROVED FOR PAYMENT
COUNCI L DA TE
TOTAL FOR APPROVAL
IIONORABLE MAYOR AID CITY COUNCIL:
CITY OF BURLINCAI,{EL]ARRANT REGISTER
10/03 /02
VENOOR DETAI Lr*r Denotes Hand lJritten Checks
ACCOUNT
90,93 625 65213 203
PAGE 9
AHOUNT
90.93
$581.969.02
NUMBER NAI.IE
TOTAL
2397945576 RADIATOR REPATR INC,
TIRE APPARATUS I.IA I NT.
CI TY OF BURL I NGAI'IEI,IARRANT RE6ISTER
10/03/02
VEI,IDOR DETAILr*r Denotes Hand !rl"itteh Checks
NU}4BER NAI'IE
85560 ARTHUR BROS., ,tC.
DEPOSIT REFUNDS
85561
85563
85564
85565
85566
8r567
85568
85569
85570
a5571
85572
85574
ACCOUNT
3,000.00 731 22520
55.00 619 64460 220 5110
971,08 620 15000
63,630.00 326 80320 220
1,000.00 731 22546
50.00 731 22520
55.00 101 641?0 240
40.00 731 22531
29,75 ',101 64420 030
2,364.00 nl 22120
300.00 731 22520
40.00 731 22534
40.00 731 22534
RESOURCES BUSINESS PARTNERS IIIC
CONTRACTUAL SERVI CES
UI{IVERSAL BUI LDING SERVICES
CONTRACTUAL SERVICES
RICK IIAYI,IES
I.I I SCELLAIIEOUS
TOI,4 RUSSELL
DEPOSI T REFUI,IDS
SAII }IATEO CqJIITY EAC
DUES & SUBSCRIPTIO}IS
LARRY VERiIA
DEPOSI] REFUNDS
STEVEN I{URILLO
DEPOSIT REFUNDS
STACEY KING
I.I I SCELLANEOUS
RON REED
MISCELLANEOUS
PRESTON PIPELIIJES
DEPOSIT REFUNDS
LOU I.IARINI
DEPOSIT REFUNDS
MELA}IIE PETROSSI
MISCELLANEOUS
Ld,IS PETROSSI
II SCELLA E0US
23799
23941
23961
23965
23966
23967
23968
23971
23972
23971
23975
23977
PAGE 8
AI'1OUNT
3,000.00
55.00
974.08
63,630.00
1,000.00
50.00
55.00
150.00
300.00
40.00
29,75
2,364 .00
300.00
10.00
40.00
85575 FARSH ID SAI.ISAI{I
IlI SCELLANEOUS
MI SCELLANEOUS
23978
335.00
500.00
101 36600
731 225?5
835.00
85562 SOUIH SAN FRANCISCO TIRE SERVICE 23950
SUPPLIES
150.00 7i1 22520
300.00 731 22520
23969
23976
CITY OF EURLIIIGAI.IEt,,ARRANT REGISTER
10t03/02
VE}IDOR DETAI L.*r Denotes Hand tlritten Checks
PAGE 7
AMOUNT
1 ,354.50
14.21
156.67
10,500.00
40.00
/r0.00
300.00
955.16
51.75
100.00
40.00
1,295.00
5,730.11
1,000.00
NUMBER NAI4E
85544
asr45
45546
85517
85548
85549
85550
85551
85552
45551
85555
85556
85557
OTT I CE DEPOT
OFFICE EXPENSE
BOISE CASCADE OFFICE PRODUCTS CO 23306
OFFICE EXPENSE
HOI,4E DEPOT
MI SC. SUPPLIES
ACCOUNT
1,351.50 ',t01 68010 110 1101
156.67 619 64460 120 5120
10,500.00 3?7 a0730 220
40.00 731 22531
40.00 731 22534
300-00 731 22520
215.76 619 64460 120 51aO
955.16 101 64400 110
'100.00 527 665?0 260
40,00 731 22534
27 .17
5,702,94
101 6t100 160
496 20281
1,000,00 731 22546
EPS, I C.
COIITRACTUAL SERVICES
I,ItKE TUTO
}IISCELLANEOl''lS
DAI{IELLE DELORIO
iII SCELLANEOUS
SCOTT IIITH
DEPOSIT REFUNOS
i.ICi.IASTER-CARR SUPPLY CO.
I.I I SC. SUPPLIES
RUBIN HURIN
OFFICE EXPEIISE
GERALD TAYLOR
SI.IALL TOOLS
GBA !,IASTER SERIES INC.
TRAIIIING EXPENSE
JEII},I I IER I4UNOZ
I.I I SCELLANEOUS
SCS TIELD SERVICES
PROTESSIONAL & SPECIAL I ZED S
PACI IIC BELL/!/ORLOCOM
COMI.4UNICATIONS
UTILITY EXPENSE
23153
23381
23562
?3563
23570
23611
23621
23693
23691
23727
23728
23716
41,879.10 101 61400 210
216.76
85558 GREG HAGEY
MISCELLANEOUS
14.21 10'1 55200 110
54.75 326 75170 130
1,295.00 528 66600 210
23r47
236?6
85559 DCE DESIG ,CoMT.TUNITY & ENVrRoNi,rE 23784
PROFESSIO}IAL & SPECIALIZED S
11 ,479.10
CITY OT BURLINGAME},ARRAIIT RECISTER
10t03/02
VENOOR DETAI Lr*r Denotes lland l.lritten Checks
101 66210 250
5?7 66520 260
PAGE 6
AIlOUNT
22,500.00
5.00
189 ,75
101 .35
526.99
2,290.OA
2,?64,69
645.00
348.64
1 ,000.00
2,208.00
3, I16.00
425.00
VB GOLT LLC
COIITRACTUAL SERVICES
ARCH UIRELESS
cot'tt'tuil I cAT I oN s
ROBERTS AIID BRUNE
I.i I SC. SUPPLIES
AUTO PRIOE CAR UASH
VEHICLE I.IAI IIT.
THERI4O GAS TECN
PROFESSIONAL & SPECIALIZED S
DKS ASSOCTATES
PROFESSIONAL & SPECIALIZED S
OUEI{VOLOS SAFETY SIIOEI4OBILES
TRAIIIING EXPENSE
TRATIII}IG EXPEiISE
85536 AP!]A
TRAVEL & I'IEETII{GS
TRAVEL & }IEETIIIGS
NUMEER NAME
85529
85530
85531
85532
85533
85531
85535
85537
85538
85539
85540
45541
85512
}IICKIS DELI AIID FI}IE FOODS
TRAINING EXPENSE
I I.IAG I ST I CS TIITERIIATTONAL
OFF ICE EXPENSE
CONTRACTUAL SERVICES
DA}.IIEL T. CRAY
DEPOSIT REFUNDS
BI LL REILLY
t.I I SCE L LAN EOIIS
I.4CMI LLAN ELECTRIC
}II SCELLANEOUS
T. RAIIOOLPII GRA},IGE
}II SCELLANEdIS
21
43
5,00
0,00
101 66210 250
527 66520 250
550.83 101 64420 252
56,64
292 -OO
101 65100 110
'10't 65100 220
1,000.00 731 22520
2,208.00 '101 65200 031
125,00 731 22525
?1918
22089
22178
22278
22468
22179
22681
22721
229?4
23042
23016
23112
,112.54
,132.35
22,500.00 529 68030 220
5,00 101 68020 160 2200
189.75 527 66520 120
101.55 101 65200 202
526.99 528 66600 Zto
2,290,08 320 79102 210
85543 PITNEY BOIIES
CONTRACTUAL SERVICES
23128
512.00 101 65100 220
2232t,
ACCOUNT
3,116.00 731 22561
23066
550.83
512.00
CI TY OF BURLINGAI,IEI.IARRANT REGISTER
10 /03/02
VEIIDOR DETAILr*r oenotes Hand lritten Checks
PAGE 5
AiIOUN T
228.36
80.00
320.00
798.58
295.29
1,A4A.37
I ,935 .51
1,128.00
2 ,312.A3
589.91
4,121 .37
217.96
51.00
1,040.00
TIUMBER NAIiE
85511
85515
85516
85521
45522
85523
85526
85527
85521 FEHR AND PEERS ASSOCIATES, INC.
PROFESSIOI/AL & SPECIALIZED S
21289
85525
85519 PHIL SCOTT
TRAVEL & }IEETIIIGS
85520 MICRO I.'AREHOUSE
I.I I SCELLANEOUS
OEPT. OF JUSTI CE
MI SCELLAIIEOUS
EI,4ERGENCY VEH ICLE SYSTEI.IS
CAPITAL EOUIPI.IENT
GEORGE EAGDON
M I SCELLANEOUS
UNIVERSAL FLEET SUPPLY INC.
FIRE APPARATUS I,4AIIIT.
FIRE APPARATUS I,4AI }IT.
F I LTERFRESH COIIEE EXCELLEIICE
8LDG. & GROUNDS I,4AINT.
HATTONIS CRA}IE & RI GGI NG
}II SCELLAIIEOUS
DEPOSTT REFUIIDS
ACCOUNT
228.36 101 65200 150
80.00 101 68010 220 1560
320.00 621 64450 160
798.58 101 65100 150
295.29 620 15000
1,U8.37 527 66520 250
1,935.51 526 69020 400
1, t?8.00 101 23620
2,342.43 620 66700 AO0
589,91 101 66210 051
4,121.17 101 61400 210
CREATIVE INTERCONTIECT
CO{I4UN I CAT I ON S
ART DOLLOSSO
CONTRACTUAL SERVICES
19768
19811
20?46
20301
?0464
20550
20706
20830
21011
21543
21623
21925
AF FIN I IEL COMMUNICATIONS
COMMUN I CAT IOIIS
45517 AT&T L/IRELESS
cot4t4u I cAT I0NS
75.25
142.71
101 65200 203
625 65213 203
5t -00 621 64450 190
1,000
00
00
'101 35310
731 22520
t0
85528 PROVIDE}ICE PEST TERMITE
PROFESSIONAL & SPECIAL I ZED S
21947 42.00 619 61160 210 5150
4?.00
85518 DAPPER TIRE C0., rNC.
SUPPLIES
CI TY 0F BURLINGA,'IEI.'ARRANT REGISTER
10103t02
VENDOR DETAI Lr*r Denotes Hand Uritten Checks
PAGE 4
410.00
655.30
51.78
72.00
400.00
2,304.00
1,500.00
39.37
I ,9U.50
324.75
518.93
.64
108.23
NUMBER NAI'IE
85498
85199
85500
85501
85502
85503
85505
85508
85509
85510
855'11
85512
DAVID I.IANI
I.I I SCELLANEq',S
STANDARD REGISTER
TEI.IPORARY E}IPLOY}IENT SVC.
PIO}IEER RANDUSTRIAL
I.IISCELLANEOUS
BLDG. & GRO,'TDS MAINT.
SPII.IilAKER SAILIIIG
CONTRACTUAL SERVICES
CALI FORN IA I.|UNICIPAL
PROFESSIONAL & SPECIALIZED S
}II LLS-PE}I I NSULA IIEALTH SERVICES
IIISCELLANEqJS
ACCESS UNI IORI.{S & EI.IBROIDERY
I.I I SC. SUPPLIES
GOETZ BROTHERS
I.I I SC. SUPPLIES
MINOLTA BUSINESS SYSTEI4S
EOTJI PI.IENT I.IA I IIT.
ARROI,/IIEAD I.IOTJNTAIN SPRI NG L'A]ER
MISC. SUPPLIES
BURTON I S FIRE APPARAIUS
FIRE APPARATUS I4AI}II.
17495
17781
17938
18546
14976
18990
19015
19131
19330
19366
ACCOTJNT
410.00 101 36620
655.30 101 61250 011
58.96
101 23611
'10'1 68020 190 2200
VERIZO}.I UIRELESS MESSAGING SERVI 18763
COMMUNICATIONS
72.00 101 68010 220 176?
400.00 101 54250 210
2,304.00 101 64120 030
1,500.00 101 68'010 120 1423
39,37 526 69020 160
1,984.50 527 66520 120
324.75
'26
69020 120
265.18
'27
665?0 120
518.93 101 65200 200
108.23 't0't 55200 203
85513 19621
2,A75.00 101 64560 ZZ0
2,A75 .00
AI,iOUNT
265.18
I ,052.56
85504 RAGI}IG IIATERS
MISC. SUPPLIES
85506 NATURCLEAN
MISC. SUPPLIES
17547
18565
1,052.56 101 6a010 120 17a7
46.64 526 69020 120
18830
85507 L'ESTER}I RIGGIiIG PRODUCTS INC
}I I SC. SUPPLIES
}ICCUNE AUD IO/VISUAL/VIDEO
COI{TRACTUAL SERVICES
CITY Of BURLINGAI.4ES'ARRAIIT REGIS'TER
10t03/0?
VEI,IDOR DETAILr*r Denotes Hand Hritten checks
NUI'IBER I.IA}IE
85181
85185
85487
85488
85489 H I NDERLI TER, DE LLAI.4AS
I,IISCELLANEOUS
85190
acc0uIT
89. 13
20,16
763.19
263.55
5/..00
935.00
18.38 101 65150 200
398
805
527 66520 230
619 64460 210 5150
3,620,31 526 69020 801
1,050.00 l0l 68010 200 1101
|,852.11 101 30400
2,403.00 101 &010 220 17A7
98.00 101 68010 220 1787
16.55 101 68010 120 1330
3,950.00 731 22520
CH IEF BI LL REILLY
I'I I SC. SUPPLIES
SMALL TOOLS
UNI FOR}.IS AIID EOUIPI,iENT
VEH I CLE i4AI I,IT.
TRAVEL & I4EETINGS
TRAI N I NG EXPENSE
101
101
101
101
'10'l
101
11568
11749
11007
14144
14252
11750
15711
15764
16056
16225
16460
16913
171?9
65500 120
65200 130
65200 110
65200 202
55200 250
65200 260
PAGE 3
AMOUNT
?,125.n
18,38
1,203.51
3,620.31
1,050.00
1 ,452.44
2,/r03.00
1,878.11
98.00
26.71
16.55
831.13
3,950.00
RADIO SHACK
EOUIPI.|ENT MAI }IT.
ELECTRO.I4OTION I NCORPORATED
PUI.iP EOUIPMENT REPAI R
PROFESSIO}IAL & SPECIALIZED S
INVENSYS I.IETERI NG SYSTEMS
CAPITAL EAUI PI.IENT
STANDARD BUSTXESS MACIIINES
EoulPllEltI AI t{T.
00
51
85491
85492
85493
85494
85495
85496
PENII.ISULA SPORTS OFFI CIALS
CONTRACTUAL SERVICES
VALLEY OIL CO.
SUPPLIES
JOSEPI{ UI LL IAI,I I4CCLAIN
COTTRACTUAL SERVI CES
MOSS RUBBER & EOUIP}IENT CORP.
SI,,PPLIES
DI SCCIJNT SCHOOL SUPPLY
}I I SC. SUPPLIES
ITRO}I
CI TY HALL I,4AITITENANCE
OTTO I.I I L LER
OEPOSIT REFUI.IDS
85497 METRO I.IOBI LE COI,4MUN I CAT I ONS
RADIO IlAINT.
17102
1,715,28 101 65200 205
1 ,715 .24
85486
1,878.11 620 '15000
26.71 620 15000
834.13 621 64450 200
CI TY OF BURLINGAI.IEI.'ARRANT REGISTER
10/03/02
VENDOR OETAIL
'*' Denotes Xand Uritten Checks
85170 PACI FIC BELL
C(IIMUII I CAT IONS
85171 PERSONAL AL/AROS, INC.
iI I SC. SUPPLIES
45472
ACC0UIT
244,97 't01 67500 150
662.49 101 68010 120 1787
?31,831.96 526 69020 171
2,090.50 101 65150 220
127.51 101 68010 031
8,'128.s0 10'1 65100 190
9,350.64 320 76350 220
8.94 101 65200 203
1,081.03 101 65200 203
440.00 101 68010 220 1582
50.71 101 68020 120 2200
23.60 527 66520 110
22.19 101 65200 111
03531
85476 TIiIBERLINE IREE SERVICE, INC.
COIITRACTUAL SERVICES
03760
8517t B. E.I . ELECTRICAL SUPPLIES
FIRE APPARATUS IlA I NT.
85178 EARILETT!S AUTO BODY
FIRE APPARATUS I.IAI NT.
85479 I,{UFF I E CALBREATH
CONTRACTUAL SERVICES
SAN FRA}ICISCO !/ATER DEPT.
I'ATER PURCHASES
a5473 INFORMATION SERVICES DEPT.
COIITRACTI.]AL SERVICES
85180 HoRIZOt{
MISC, SUPPLIES
85481 RD OFF I CE SOLUTIONS
OFF I CE EXPENSE
85182 ABAG - LIABILITY
CLAI}.IS PAYXEIITS
85485 AUGUST SUPPLY, INC
tl l sc. SUPPL r Es
03080
03145
03353
03378
035't8
09072
09079
09125
09130
09213
09518
10256
PAGE 2
AMOUIIT
211.97
662.49
234 t831.96
2,090.50
8,128.50
9,350.64
4.94
1,081.03
1*1*0,00
50.71
23.60
12,000.00
22.19
NUMBER NAME
45474 RANDY SCHLIARTZ
TII SCELLANEOUS
12,000.00 518 61520 601
127 -53
85475 SERVICE UNLII.IITED I },IC.
BLDG. & GRoUiIDS llAINT.
CITY OF BURLIIIGAME
!/ARRANT REGISTER
10/03/02
VENDOR OETAI Lr*r Denotes HaM L/ritten Checks
PAGE 1
AI.IOUNT
739 -96
6.81
2,301 .63
60.00
1 ,149,77
19.22
125.00
213.77
510.96
508.51
12.67
5 ,285 -99
76,815.72
BRENTON SAFETY, INC.
PU}IP EOUIPMENT REPAIR
BROAOIIAY HAROI.]ARE
MISC. SUPPLIES
SURLINGAI4E CI{Ai.IBER OF COI4I.4ERCE
CHAI.IBER OF CO.II4ERCE PIIT.
EDUARD CO{ERFORD
CONTRAC]UAL SERVICES
CoRPoRATE ENVIRONUEI,|TS, INC.,
I.I I SCELLAIIEC[',S
L. N. CURTIS & SONS
rIRE APPARATUS T{AINT.
JOHN GILMORE
CONTRACTUAL SERVICES
85161 l.t. t'. GRAINGER, rNC.
MISC. SUPPLIES
85465
I,IUMBER NAI.4E
85457
85458
85159
85160
8546',|
85162
85463
85466
85467
85468
85169
0'1400
01637
01756
01992
02027
02202
02248
02261
02645
02755
02880
03054
ACCOUNT
739.96 527 66520 230
2,301.63 101 61560 151
50.00 101 68010 2?0 1560
1,149.77 527 66530 100
19.22 101 65200 203
125,00 101 58010 220 1322
213.77 619 61460 120 51?0
111.95
129.01
GRANTTE ROCK CO}IPANY
STREET RESURFACING EXPENSE
}IISC, SUPPLIES
K & !J DISCOU}IT LIGHTING & SUPP
I.I I SC, SUPPLIES
t.I I SC. SUPPLIES
LAIISON PROOUCTS, IIIC.
SUPPLIES
US FILTER
IIl I SC. SUPPLIES
Itl I SCELLANEOUS
P. G. & E.
GAS & ELECTRIC
GAS & ELECTRIC
GAS & ELECTRIC
UTILITY EXPENSE
101 56210 226
525 69020 120
331 .95
176.56
101 66240 120
527 66520 120
12.67 620 15000
3,350.48
1,935.51
526 69020 120
526 69020 233
20 195.08
258.16
25a.47
133.71
101 66240 170
526 69020 170
527 6l520 170
896 202A056,
6.81 101 65200 120
01435
09-27-2002.
CITY OF BURLINGAIIES'ARRANT REGISTER
FUND RECAP - 02-03
PAGE 11
AMOUIITAtrlE
93,818.52
480,489.88
17 ,399,20
5,204.33
15,213.47
227,989.52
3,530.91
11 ,t 6.81
67 ,896,96
6,711.03
2,069.96
't,273,?3
605.83
139 ,446,6
299,rA
34,75
6,461.06
FUND
101
320
326
327
,26
527
528
529
618
619
520
621
525
731
734
7
895
GEIIERAL FUIIO
CAPITAL IMPROVEMENTS FU},/D
!/ATER CAPITAL PROJECT FUI,ID
SEUER CAPITAL PROJECT FUND
L/ATER FUND
SE!/ER TUND
SOLID I.IASTE FUNO
GOLT CENTER FUND
SELT INSURANCE FUND
FACILITIES SERVICES TUND
EOUI PI.IENT SERVICES FUND
ITTONIATION SERVICES TUiID
FIRE iiEC}IANIC SERVICES FUIID
TRUST AND AGE}ICY FUND
STATE GRANTS FUND
BURL I NGAI.IE TRAIN SHUTTLE PROGRAI,4
UTILITY REVOLVING FUND
TOTAL FOR APPROVAL
HONORABLE MAYOR AND CITY COIJNCIL:
THIS IS TO
I }.ICLUSIVE,
THE AIIOU}IT
OFF ICIALS,
ACCORDANCE
CERTITY THAT THE CLATMS LISTED OII PAGES NUMEERED FRO4 1 TIIROUGII 11
A|,lDloR CLAIi|S NUT.TBERED FRO| 85534 IHRoUGH 85456 I ITCLUSM, ToTALING It{
0F $'1,079,746.50, ltavE BEEN CHECrcD IN DETATL AllD APPROVED By THE pROpER
AI,ID III iIY OPINIO}I REPRESE}IT FAIR Ai,ID JUST CHARGES AGAIIIST THE CITY III
t,,tTH THEIR RESPECTIVE A}IOUNTS AS INDICATED THEREON.
RESPECITULLY SUEi.IITTED,
FINANCE DIRECTOR
APPROVED TOR PAYI.IENT
cout/cIL OATE
DATE
s1 ,079 ,746 .r0
NUMBER NAME
8544?NEXTEL COI,IMUNICAT IONS
COMI{UNICATIONS
MI SCELEANEOUS
COMI4UNICATIONS
85443 CHEI.iISEARCH
GAS, OIL & GREASE
85444 EXTENSIONS SOFTI,,IARE
OFFICE EXPENSE
85445 UBS
CONTRACTUAL SERVICES
81446 KPIX CBS TELEVISION
CONTRACTUAL SERVICES
85447 SAY IT LIITH BALLOONS
I.IISC.' SUPPLIES
85448 TRENCHLESSTECHNOLOGY
PROFESSIONAL & SPECIALIZED S
85449 BODY CHARGE INC.
PROFESSIONAL & SPECIALIZED S
85450 HUSIC SYSTEMS
I,II SCELLANEOTJS
8545 1 AJMAT ALI
I.II SCELLANEOUS
M I SCELLANEOUS
85452 TOLLNER PAINTING INC
MISC. SUPPLIES
85455 SMITH,FAUSE,&MCDoNALD
PROFESSIONAL & SPECIALIZED S
85454 PREND IVI LLE CONSTRUCTION
M I SCELLANEOUS
85455 RENO HILTON
TRAVEL & MEETINGS
85456 CALSENSE
I-I I SCELLANEOUS
CITY OF BURLINGAME
t.IARRANT REGISTER
09/27/A?
VENDOR DETAILr*r Denotes Hand tlritten Checks
23946
503.05
641.50
506.45
23947
ACCOUNT
ln1 68020 160 2?00
101 68020 400 2200
619 64460 150
499.91 101 55200 201
977.71 101 64420 110
578.00 619 64460 220 5120
4,33?.00 101 65100 220
192.39 101 58010 120 1101
150.00 3?7 80681 210
300.00 101 64420 210
500.00 731 22534
1 36600
't 22525
4,004.88 320 76010 210
3,510.00 731 22546
630.00 526 69020 250
23949
23951
23952
23953
23954
23955
23956
23957
23959
?3960
23961
23962
10
T3
35
500
00
00
320 79580 1206,460,00
PAGE 10
AMOUNT
1,651.00
499.91
977.71
578- 00
4,332.00
192.39
1 50.00
300.00
500.00
535 .00
6,460.00
4 , 004 .88
3,510.00
630.00
3,354.67
TOTAL
23963 3,354.67 101 68020 4oo 2200
91 ,079,746.50
CITY OF BURLII{GAME
lIA R R A N T R E G I S T E R
09/27 /02
VENDOR OETAILr*r Denotes Hand tJritteh checks
ACCOUNT
101 64200 1r0
101 54400 120
101 61250 120
101 6650 't20
PAGE 9
AMOUNT
20,030.92
1,450.00
320.00
263.33
99,621.83
4,700.00
NUMBER NAt.iE
85132
85435
85434
85435
85438
45439
85110
OATASAFE
OFI I CE EXPENSE
MISC. SUPPLIES
EANKING SERVICE FEES
MISC. SUPPLIES
KATHLEEN DORE PROPERTIES
RENTS & LEASES
RENTS & LEASES
320 40320 210
326 80720 210
526 69020 2?O
525 69020 180
527 66520 lAO
CRESCO EOUIPI.IENT RE}ITALS
I,I I SC. SUPPLIES
23410
23470
23531
23622
23769
23744
23844
?3857
290.17
24,00
'109.69
20.19
34.47 101 66210 120
1,
7,
1,
560
399
071
725
725
4.00
20,00
42.&
46,89
21.64
2.00
34.75
32,9
20,00
32.46
2.00
00
20
72
00
00
320,00 101 68010 220 1648
KEITH I.IAR] I N
I.IISC. SUPPLTES
TRAVEL & I{EETIXGS
OFF I CE EXPEiISE
}I I SC. SUPPLIES
cofi uNICATI0[S
TRAVEL & iIEEIINGS
TRAIIII}IG EXPENSE
TRAVEL & I.IEETINGS
TRAI}IIIIG EXPENSE
co iluI I cATtoNs
TRAVEL & MEETINGS
101
101
526
526
525
526
526
527
527
619
620
66210
66210
69020
69020
69020
69020
69020
66520
66520
64450
66700
120
250
fi0
120
160
250
260
250
260
150
250
TOP GRADE CONSTRUCTION
PROFESSIONAL & SPECIALIZED S
BAY AREA ECONOIICS
PROTESSTONAL & SPECIALIZED S
INDUSTRIAL PLU}IBING SUPPLY
I.I I SC. SUPPLIES
99,624.83 320 80231 210
4,700.00 101 64400 210
360.23 619 64460 120 5150
45141 I.II KE SPILLA}IE
OEPOSIT RETUNOS
21868
1,600.00 731 22520
1,600.00
444.05
34,47
360.23
ERLER A}ID KALINOIISKI, IIIC.
PROFESSIONAL & SPECIALIZED S
PROIESSIONAL & SPECIALIZED S
COI{TRACTUAL SERVICES
85137
23808
A5136 JANIIETTE GREER
CO}ITRACTUAL SERVICES
CI TY OF BURLINGAXE
LIARRANT REGISTER
09127102
VENDOR DETAILr*' Denotes Hand tlritten Checks
748,12
62,17
169.05
61.11
PAGE 8
At'louNT
1,315.00
297.08
24,01
545.00
25,000.00
500.00
95.00
125.00
15 ,207 .10
334.00
548.00
259,80
1 ,041 ,08
NUMBER NAiIE
85418
85419
85420
a5121
85422
a5123
45424
45125
85426
85427
85428
85/.30
LEADERSHIP
TRAINIIIG EXPENSE
THE PAIGE COI.IPANY
OFI I CE EXPENSE
TURF STAR
EOUIPI{EIIT I4AINT.
PIT}IEY BOI'ES INC
CI TY HALL }IAINTENAIICE
I4ARSTEN STREET PARTNERS
I.IISC. SUPPLIES
DENIZ SALON
I.I I SCE L LA},I EOUS
!/ESTERII EXTERMINATOR CO.IPANY
CONTRACTUAL SERVICES
CLARK EOUIPI4ENT CO}IPANY
RE},ITS & LEASES
cRITICAL SoLUTIONS. INC.
PROTESSIONAL & SPECIALIZED S
ROBERT BELL
}IISCELLANEOIJS
22496
22563
22682
22878
22895
22973
23004
23006
23035
23065
23128
23'133
23301
ACCOI',NT
'1 ,315.00 '101 64420 262
297.08 101 6/'200 110
24.01 101 58020 200 2200
545.00 621 64450 ?00
25,000.00 320 76010 120
500,00 731 22525
95.00 101 68010 220 1111
125.00 529 58030 180 4200
15 ,207.10 320 76010 210
334.00 101 64120 031
548.00 621 &450 200
259.80 101 65200 203
PITIIEY BOIIES
CITY HALL I.IAITTENANCE
a5429 ITo0ERN AIR SYSTET'IS, INC
FIRE APPARATUS I.IAIN].
SIERRA OTTI CE SUPPLIES
OFF I CE EXPENSE
I'I I SC. SUPPLIES
I,IISC. SUPPLIES
OFFICE EXPE}ISE
101 64250
526 69020
527 66520
619 64460
110
120
120
110
85431 BOISE CASCADE OFFICE PROOUCTS CO 25305
OTSICE EXPENSE
I,4I SC. SUPPLIES
195.03
150.38
'10'l 65200 110
101 66100 r20
325.11
CI TY OF EURL I IIGAI.IEIIARRANT REGISTER
09 /27 /02
VENDOR DETAILr*' Denotes Hand lritten Checks
21543
INC.21634
21685
21711
21936
21917
21948
22007
22138
9,366.16
1 ,932.60
529 35715
529 68030 213
PAGE 7
AMOUNT
331 .31
1 ,106. 13
161.25
367,50
561 .99
7 ,925 .OO
2,492,24
11 ,299 .06
1 ,160.00
16.66
230.50
5,0'13.95
NU}I8ER }.|AI.IE
85101
85405
85406
85407
85408
85411
85112
85113
85414
85415
UNIVERSAL FLEET SUPPLY INC.
TIRE APPARATUS I.IAINT.
ACCOUNT
331.31 625 65213 203
353.19
?8.61
314.89
86.32
63.12
161.25 101 6a010 220 1615
367.50 101 6€010 220 1372
561.99 101 66100 160
7,925.00 320 80510 210
2,492.24 619 64160 220 5170
81.00 619 64160 210 5170
ARAI.IARX UNI FORM
UII I FORTIS ANO
U}I I FORI.IS AND
U}I I FORI.IS ANO
U}I I FORI.IS AND
ull I toRl.ts AND
SERVI CES,
EOUI PI.IENT
EOUI PI.IENT
EAUI PI.IENT
EOUI PI.iENT
EOUI PI.IENT
10't
526
527
619
620
66210 140
69020 140
66520 110
64460 140
66700 140
21717
85409 8IB8 AND ASSOCIATES, INC.
PROFESSIOI{AL & SPECIALIZED S
21 t
85410
TRACY SI RI
CONIRACTUAL SERVICES
SKYHAIIKS SPORTS ACAOE}IY
COIITRACTUAL SERVICES
CINGULAR I.lIRELESS
Cq.ruN I CAT I ON S
A&LJANITORIALSERVICE
COIITRACTUAL SERVICES
PROVIOE}ICE PEST TERI.IITE
PROFESSIO}IAL & SPECIALIZED S
V8 GOLF LLC
}II SCELLAIIEOUS
RECREAT IO}I PROGRAI.I EXPENSE
CRANE CERTIFICATIOII CO
SUPPLIES
AT&T
COMI,{UN I CATIONS
ROEERTS AND BRUNE
l,{l sc. suPPLlEs
22178
85416 UNDERGROUND COI,ISTRUCTION I.,IANAGER 22305
PROFESS IONAL & SPECIALIZED S
1,160.00 520 15000
16.66 101 65100 160
230.50 526 69020 120
5,013.95 320 80510 210
45417 ROEERT SI'IITH
I,itSCELLANEqJS
22370
500.00 731 22525
500.00
84.00
CITY OF BURLI}iGAME
L'ARRANT REGTSTER
09/27 /02
VENDOR DETAI L
'*I Denotes Hand LJ.itten Checks
PAGE 6
IIUI.IBER IIAME
85391
85392
85393
85395
85396
85397
85398
85399
85100
85102
GOETZ BROTHERS
I.I I SC. SUPPLIES
LIEBERT CASSIDY IIH I TI,IORE
PROFESSIONAL & SPECIALIZED S
UTILITY AERIAL INC
EOUI PIIEI,IT iIAINT,
19045
'19095
19990
20060
20301
20339
20501
20548
20550
20724
21178
21424
ACCOUNT
1,304.41 101 58010 ',t20 1789
6,980.85 101 64350 210
499.88 101 58020 200 2300
At40ut'tT
1,301.41
6,980.85
499.88
602.59
5,850.80
250.00
1 ,292.55
878.08
1,715.91
1,142.82
120.00
PE}II}ISULA CORRIDOR JOINT
RENTS & LEASES
RENTS & LEASES
RENTS & LEASES
AT&T !'IRELESS
colflltuN I cAT I oll s
com.tuN t cAT I 0!r s
RACOUET SMITII
CONTRACTUAL SERVICES
LYNX TECHI{OLOGIES
IRAIIIING EXPETISE
]RAII{IiIG EXPENSE
TRAINING EXPENSE
Cq,NTY OF SAN I.IATEO
MISC. SUPPLIES
PHIL SCOTT
I.I I SCE L LAN EOIJS
SI.IALL TOOLS
SPRIiIT PCS
cofiilul I cATIoNS
UTILITY EXPENSE
I{ARC I SIRANGE
CONTRACTUAL SERVICES
,266.67
,?66,57
,266.66
'101 55210 180
525 69020 180
527 66520 1aO
567.81
31.75
101 65200 160
736 64571 160
5,860.80 101 68010 220 1782
439.04
439.04
83.34
83.33
83.35
101 66210 260
526 69020 260
527 66520 260
526 69020 400
619 54460 130
1,29?,55 101 68010 ',tzo 1520
129.88
1 ,616.06
527 66520 160
896 20281
101 61560 220
731 22537
120,00 101 68010 220 1650
1 ,126.60
16.22
85403 c0!, GovERNtiE T r INC.
EOUI PI'IEIIT I4AINI.
21182 36.97 320 80420 200
36.97
85394 3,800.00
85401 AIN ilUSSo
CONTRACTUAL SERVICES
tScELLAilE0US
CITY OT BURLINGAME
TIARRANT REGISTER
09 t27 t02
VENDOR DETAI Lr*r Denotes Hard ltritten checks
ACCOUNT
36.78 620 66700 130
226.AA 10',1 66210 210
437.92 527 66520 120
PAGE 5
A[ot NT
36.78
226.88
137 .92
1 ,299 .00
274.52
1?5.56
349.45
6,028.00
102.00
12,518.48
6,951,6
707.25
310,398.00
246.40
SYDNEY I.IALKOO
SI'IALL TOOLS
COI4I.IUN I TY GATEPATH
PROFESSIONAL & SPECIALIZED S
MUII I CI PAL t.IAtNTENANCE
t,I I SC. SUPPL I ES
HI -TEC}I EI.IERGE}ICY VEIIICLE
FIRE APPARATUS I'IA I IIT.
85382 ACCURAIE l,l ILIiIGS, tNC
OFIICE EXPETSE
COLORPRTNT D I GITAL
TISC. SUPPLIES
}IISC. SUPPLIES
216.50
1 ,082.50
NUMEER }IAI{E
85377
85378
85379
85380
8538'1
85383
85384
85385
85188
85389
85390
16317
16575
16629
17497
17516
17623
14027
18078
18103
14239
18635
18851
18979
19025
101 66210 120
320 80240 120
274.52 625 61213 203
t25.56 320 79160 110
CRAI{E PEST COIITROL
PROFESSIONAL & SPECIALIZED S
85386 KELLEHER & ASSOCIATES
PROFESSIOIIAL & SPECIALIZED S
85387 DEPARII.IENT OF }IEALTII SERVICES
DUES & SUBSCRIPTIONS
5,028.00 101 68010 120 1212
102.00 6't9 61160 210 5110
12,318.18 618 &520 210
6,951.66 526 69020 240
707,25 619 64460 220 5230
310,398.00 320 75110 220
TOOLS EXPRESS
ISCELLANEqJS
}IISC. SUPPLIES
PARAIIdINT I S GREAT AMERICA
I{ISC. SUPPLIES
BAY ALARI'I
CONTRACTUAL SERVTCES
JJR CONSTNUCTTOII
CONTRACTUAL SERVICES
PREFERRED ALLIAiICE
PERSO}I}IEL EXA}IINAT IONS
-1,52
350.97
101 23611
101 68020 120 2200
246.40 101 64420 121
CITY OF BURLINGAI.IE
85369
85370
85371
85372
85373
45375
3
1, 35. ::
212.43
319.68
152.37
551.51
60.00
232.74
182.20
786.50
433.00
1 ,235.17
618.68
83.00
50.00
249.58
13753
13758
13759
14007
1133A
1152a
14643
,.r1'
i'540rJ
65100
65150
65100
55150
65100
65'100
65100
65100
65100
65100
65100
22530
'120
140
160
190
200
210
220
240
?r0
260
292
703
1.. i rtr i!FEfi!E
!e i sc. SUPPL tEs
UN I FORI{S AIID EOUIPI.4ENT
coititull I cAT IoNs
8LDG. & GR(I,IDS I.IAI TT.
EAUIP}IENT iIA I IIT.
PROFESSIONAL & SPECIALIZED S
CONTRACTUAL SERVICES
DUES & SUBSCRIPTTONS
]RAVEL & I.IEETINGS
TRAI}IIIIG EXPENSE
POLICE TNVESTIGATIOI{ EXPENSE
TSCELLANEOT',S
PAL YOUTH PROGRAI.I
TRAI}IIIIG EXPEiISE
}IISCELLATEqJS
1C
10
10
10
10
10
10
10
'10
10
10
73
COU}ITY OF SA}ITA CLARA
PROFESSIONAL & SPECIALIZED S
DAIIKA OITICE II,{AGING CO
OFTICE EXPENSE
IHE I.IAG I C PRESS CORP.
I{ISC. SUPPLIES
9,033.75 101 64420 210
153,17 521 61150 110
411.35 101 68010 120 1899
734 65190 260
734 65195 400
101 (6.240
'101 66210
526 69020
527 55520
619 &160
220
250
230
230
210 5150
9,033.75
153.17
7,533.00
70.36
22.73
ELECTRO.I.IOTION IIICORPORATED
COIITRACTUAL SERVICES
PUI.IP EOUI PI.iENT REPAI R
PUI.IP EOUI PIIENT REPAI R
PU}IP EOUIP}IENT REPAIR
PROFESSIONAL & SPECIALI ZED S
DE!'EY PEST COIIIROL
RAT CONTROL PROGRA}I
RAT CONTROL PROGRAIiI
101 66210 218
527 66520 218
5,500.00
1 ,933.00
SAN I4ATEO LOCK IJORKS
I.I I SC. SUPPLIES 22.73 101 68020 120 22oO
85376 ALL CITY I,IANAGEI4EN]
COIITRACTUAL SERVICES
15595
1,382.16 101 65100 220
1,382.16
1 ,168.'15
2,156.03
2,633.26
2,037 .02
258.6
411 ,35
4,553.'t2
70.35 101 65200 110
85371 RECHARoE ' EiI
OFF I CE EXPENSE
CI TY OF BURLINGAi.{EHANRANT REGISTER
09/27 /02
VENDOR
'*' oenotes Hsnd trritten Checks
85359
85360
85162
85363
85366
85367
EURLI IIGAI{E REC. DEPT./PEITY CASH
I.I I SC. SUPPLIES
SI{ALL TOOLS
UII I FOR}IS AND EOUIPI.{E}IT
PUBLICATIO}IS & ADVERTISING
CONIRACTUAL SERVICES
TRAIIIIXG EXPENSE
I.I t SCE L LA}I EOIJS
03910
03964
09125
0924a
09518
10620
101 68010
101 68020
101 68020
101 68010
101 68010
101 68010
731 22534
609,70
34.62
357.21
72.50
3 ,U2,00
119.00
241.13
97.73
306.04
11.75
527,30
DETAIL ACCOUNT
PAGE 3
AI.IOUNT
5,306.16
816.62
160.00
932.88
65.74
55, 189.0'l
2,099.56
978.11
120
130
110
150
220
?60
I 10'l
2300
2300
1951
1645
1100
09392
85364 ocE ' -BRUNING, INC.
PROFESSIOIIAL & SPECIAL IZED S
09193
85365
101 23611
101 65200't12
857.3' 101 56100 210
1 ,43
53,75
76
25
618 64520 225
618 64520 601
IJES] GROUP PAYME}IT CTR.
PROFESSIOiIAL & SPECIAL IZEO S
PROFESSIONAL & SPECIAL I ZED S
POI tNC.
EOUIPMENT I.IAI NT.
I.I I SCELLANEOUS
LI FE ASSIST
MI SCELLANE(rJS
SUPPLIES
ABAG - L IABI LITY
CLAIIlS ADJUSIING SERVTCES
CLAIMS PAYI.IEIITS
PIP PRINTING
I.I I SC. SUPPLIES
4s7.15
389.47
160.00 'to'l 68010 220 1660
79.56
855.32
'101 65100 200
101 65400 400
7
I
ORCIiARD SUPPLY IIARO!/ARE
iI I SC. SUPPLIES
S}IALL T@LS
BLDG. & GR([,,NDS I.IAI NT.
IISC. SUPPLTES
SiIALL TOOLS
t.I I SC. SUPPLIES
}I I SC. SUPPLIES
68020
66210
68020
69020
69020
68030
&460
2200
2200
2200
5121
401.46
5n.11
142,17
101
101
101
526
526
529
619
120
130
190
120
130
120
120
978.11 '101 55100 t20
8536I }IUIFIE CALBREATH
COI,ITRACTUAL SERVICES
'101 64350 210
618 64520 210
- 0.51.
66.28
NUI.IBER NAI{E
857.35
09670
CITY OF BURLINGAIiE!,ARRAIIT REGISTER
09/27/02
VENDOR DETAILr*r oenotes Hand lrritteh Checks
ACCOUNT
PAGE 2
AMOUIlT
630.68
353.97
3,330.91
429.14
1 ,118.75
378.92
460.80
493.00
37?,90
131,996.01
t 1 .27
4?9.00
NUI4BER NAI.IE
85347
85356
85357
85358
I'.II. GRAIIIGER, INC.
I.{ISC. SUPPLIES
I'i I SC. SUPPLIES
85348 GRAIIITE ROCK COIPA}IY
STREET RESURFACIIIG EXPENSE
K & I,I DISCOUNT LIGHTING & SUPP
I.I I SC. SUPPLIES
85352 LA!/SON PROOUCTS, INC.
SUPPL I ES
85353 l4A I'lPO!/E R
TEMPORARY EMPLOYMENT SVC.
353.97 101 66?10 226
5,330.91 528 66600 210
429.11 620 15000
1,118,75 101 66240 120
37A.92 620 15000
460.80 101 65300 01,1
493.00 101 68020 220 2300
101 66210 120
101 66210't30
101 68020 190 2200
101 66210 219
526 69020 120
131,996,01 731 225A7
41.27 101 65200 130
101 68020 120
619 64460 120
143.00
143.00
113.00
101 66210 210
526 69020 210
527 66520 210
02615
02755
02898
03587
03601
565.04
65.61
2200
0
02261
85349 HARDIIIG ESE, INC.
PROTESSIOIIAL & SPECIALIZED S
02365
85350 xolARD JOXES BATTERIES, IltC.
SUPPLIES
02625
85351
02819
85354 I.IAYNE TREE EXPERT CO., INC.
CONTRACTUAL SERVICES
02872
85355 I'I I L LBRAE LUMBER CO.
I.I I SC. SUPPLIES
SI{ALL TOOLS
BLDG. & GROUNDS I4AINI.
SIDEUALK REPAIR EXPENSE
HISC. SUPPLTES
112,91
98.72
33.12
115.55
12.60
SAN MATEO COUNTY CONVENTION &
MISCELLANEOUS
sltAP 0[ T00Ls
SI.iALL T@LS
PACI FI C gEST SECURITY, I C.
PNOFESSTONAL & SPECIAL I ZED S
PROFESSIONAL & SPECIAL I ZED S
PROFESSIONAL & SPECIAL I ZED S
02248
03131
NUMBER NA}IE
85354
CITY OT BURLINGAME!,ARRAIIT REGISTER
09/27 t02
VEi,IDOR DETAILr*r Denotes ilsnd Lrritten Checks
ACCOUNT
101 65100 110
101 66.210 120
101 65200 203
526 69020 120
527 66520 120
527 66520 130
PAGE '1
AMOUIiT
303,66
925.00
443.00
3,411.72
415.00
27.06
1,900.56
563.18
895.00
223 ,s77 .06
111.57
ACE HARD!'ARE
OFF ICE EXPE}ISE
I.I I SC. SUPPLIES
FIRE APPARATUS I'iA I NT.
I.IISC. SUPPLIES
I.{ I SC. SUPPLIES
SI{ALL T@LS
01027
01030
01078
o1992
02027
02036
02110
02157
20.40
19,
11.16
119.96
55.45
43,81
01551
85339 CALIFORNIA PARK & RECREATIO}I
DUES & SUBSCRIPTIONS
01726
85340 COMPUTER TECHNICIANSI INC' 'OFFICE EXPE}ISE
01987
ACTION CLEANING SERVICE
CO}ITRACTUAL SERVI CES
85336 AI,ITECH ELEVATOR SERVICES
CONTRACTUAL SERVICES
85337 EAUERCO,|PRESSoRS
}I I SCELLA}IECIJS
85338 CITY OF BURLI NGAI'IE
MI SCELLANEOUS
85341 coRpoRATE ENVTRON ENTS, IilC.,
CONTRACTUAT SERVICES
TII SCELLANEOUS
85312
85344
85I45
925.00 527 66520 220
443.00 619 61460 220 5230
3,444.72 101 65200 100
80.00 10't 32100
415.00 101 68010 240 1.100
27.06 621 64450 110
85335
E}/I }IG I RR IGAT ION PRODUCTS
MISCELLAIIEOUS
L. . CURTIS & SoNS
S}IALL TOOLS
UNI FORI{S AND EOUIPMENT
85343 OULIN ADVERTISING I}IC.
PUBLICATIONS & ADVERTISIIIG
320 80150 220
527 66530 400
33
85
895.00 101 64420 150
3,750.79
1 ,149.77
US FI LTER OPERATING SERVICES
PROFESSIONAL & SPECIALIZED S
BLDG. & GROUNDS I.IA I NT.
PROFESSIONAL & SPECIAL I ZED S
CONTRACTUAL SERVICES
33
01
69
00
5
5
9
93
l8
38
051
328
991
203
327 79480 210
527 66530 190
527 66510 210
527 66530 220
111.57 101 68020 192 2200
85346 IIATER/T I NAIICE PETTY CASH
}II SCELLATEqJS
02184
4,845.00 896 20282
01309
80.00
101 65300 130t0t 65200 140
4,845.00
09- 19-2002
CITY OF BURLINGA}4E
UARRANT REGISTER
FUI{D RECAP - 02.05
PAGE 8
Al40ullTNAMEFUND
t0t
320
326
327
526
527
529
618
619
620
621
731
736
896
GENERAL FUI,ID
CAPITAL IMPROVEI.iENTS TUND
!/ATER CAPITAL PROJECT FUND
SEL'ER CAPITAL PROJECI FUIID
I.]AIER FUI,ID
SEI.'ER FUND
GOLF CENTER FUND
SELF INSURANCE FUI.ID
FACILITIES SERVICES FUND
EOUI PI'IENT SERVICES FUND
INFORI.IATION SERVI CES TUND
TRUSI AND AGENCY FUND
EURLINGAME TRAI N SHUTTLE PROORAII
UTI LITY REVOLVING FUND
'1 15
63
2
48
12
l5
7
3
5
15
16
3
73?..04
206. 08
814.25
065.00
313,39
919.31
658.0t
814.43
922.99
461.65
241 ,23
841.68
431.08
842.95
TOTAL fOR APPROVAL $364,327.13
TIONORABLE MAYOR AND CITY COUIICIL:
CERTIFY THAT THE CLAII{S LISTED ON PAGES IIUI.{BEREO FRO.I 1 THROUGH 8
ANO/OR CLAII.IS }IUI.IBERED FROI.I 85231 IHROT.,GH 85327 IIICLUSIVE,TOTALI},IG II/
OF 9364,327.13, IiAVE BEE}I CHECKED I}I DETAIL AND APPROVED BY THE PROPER
A}ID I[ I.IY OPINIO},{ REPRESENT FAIR AI{D JUST CHARGES AGAINST ]HE CITY IN
lIITII T'IEIR RESPECTIVE AI4OUI,ITS AS INDICATED THEREON.
THIS IS TO
INCLUSIVE,
THE AIIOUNT
OFF ICTALS,
ACCOROANCE
RESPECTFULLY SUBI.IITTED,
FINANCE DIRECTOR
APPROVED FOR PAYI4ENT
OATE
COTJNCI L DATE
CI TY OF EURL I NGAI,IEUARRAIIT REGISTER
09 / 19/02
VE},JDOR DETAIL.*t Denotes Hand LJritten Checks
NUi.IBER NAI.IE
DAY UIRELESS SYSTEIIS
SUPPLIES
85514 CA}ION F IIIANCIAL SERVICES, INC.
CITY IIALL iIAINTENAIICE
85315
ACCOJNT
211.00 620 15000
1 ,573,15 621 64450 200
181.09 101 55't50 160
520,50 320 80290 210
531.87 101 65210 222
1,135.75 326 79530 220
2,456,70 526 69020 210
101 64250 120
529 68030 110 4200
KELLY MOORE
TRAFF I C CONTROL MATERIALS
85]18 gEST VALLEY CONSTRUCTION
CO}ITRACTUAL SERVICES
PACI FIC SELL/I'ORLDCOM
CO}I}IUN I CAT I ON S
TRG ARCHITECTS
PROTESSIOI.IAL & SPECIALIZED S
I.IERRI TT SMITH CONSULTING
PROFESSIONAL & SPECIALIZED S
OUNBAR ARI.IORED
BANKING SERVICE FEES
OFF I CE EXPE}ISE
}ICRL
MISC. SUPPLIES
F I REI'IARK TOOL CO
I'II SCELLAIIEOUS
FREEDOI.I LEATHER I,IORKS
I.I I SCELLANEOUS
ERIAII ROCHE
I.IISCETLANEOIJS
POPLAR CREEK GOLF COIJRSE
CO}ITRACTUAL SERVICES
23121
?3436
?3724
23767
237n
23895
23903
239?5
23931
23936
23937
23938
23939
PAGE 7
AMOUNT
?11.00
1 ,573.15
181.09
531 .87
2,456,70
927 -61
97 .51
505.00
300.00
2,271 .21
546.10
2,904.00
85316
85317
85319
85320
85321
85322
85325
85321
85325
85326
BARBARA FRO}IE
IlISCELLANEOTJS
CI{OICE POTNT SUSIIIESS AND GOVERN 23935
POLICE II,IVESTIGATION EXPENSE
97,51 526 22502
605.00 101 65100 292
300.00 101 68010 120 l78t
2,271.24 101 65200 400
545.10 101 65200 400
2,837.50 731 22546
85327
TOTAL
23911
2,904,00 101 68010 220 1782
$364,327,13
520.50
1 ,135.75
2,837.50
162.00
465.64
CITY OF EURLINGAMEUARRANT REGISTER
09 / la /0?
PACE 6
AMOUIIT
16,431,08
36,095.17
723.35
141 .00
554.00
595.00
I,242.00
6,536,70
277 .76
25.00
48.98
128.65
409.36
85301 ATLAS EIIGINEERIlIG SERVICES, INC 22685
Il I SC. SUPPLIES
85302
NUMBER NAME
85299
85300
85305
85306 E. P. FINIGAN, INC,
MISCELLA}IEOUS
85308
85309
85310
85311
^CCOUNT
-?4.7i
353.63
',iJ1 23611
101 65200 120
'16,131.08 736 54571 220
36,095"47 320 80210 220
723.35 '101 65200 120
141.00 101 64420 262
00
00
101 65200 220
896 20281
8,242.00 618 &520 225
6,536.70 101 68010 400 1',t06
277.76 l0l 65100 190
25.00 101 64420 210
128,65 101 65300 110
109.36 101 55200 110
ilID'AMERiCAI/ SPECIALT IES
I,iISCELLANEOUS
MISC. SUPPLIES
PARKIiIG COMPANY OF Ai.IERICA
CONTRACTUAL SERVICES
B 1 ENTERPRISE CORP.
CONTRAC]UAL SERVICES
NICK'S OELI A}ID FINE FO@S
TRAIIIING EXPENSE
JENKIiIS/ATHEI{S INS
CLAII{S ADJUSTI},IG SERVICES
22500
22451
22856
22862
23217
23253
23301
85303 I,IILLS PENINSULA TIEALTH SERVICES 22751
PERSOI{IIEL EXAI.II NATIO}IS
PROTESSTONAL & SPECIALIZED S
370.00
18/+.00
75
520
101 64420 121
101 64420 210
22721
85307 REBARBER ENTERPRISES
BLDG. & 6ROUNDS I,IAI NT.
PUBLIC SECTOR JOB BULLETIN
DUES & SUBSCRIPTIOIIS
D IRECTV
l TSC. SUPPLIES
SIERRA OFF I CE SUPPLIES
OFFICE EXPENSE
BOISE CASCADE OFFICE PRODUCTS CO 23305
OTTICE EXPENSE
7,579.00 101 680'10 115 1101
7 ,579 .00
22660
85304 sAN ATEo REGIoNAL NET!/oRK, tNC. 22759
CONTRACTUAL SERVICES
UTILITY EXPEIISE
48.98 526 69020 120
853,12 SAN TNANCISCO EXAiII NER
I.I I SCELLANEOUS
23366
CITY OF BURLINGAI,{E
I,/ARRA}IT REGISTER
09/ 19t02
VEI,IDOR DETAILr*r Denotes Hand [lritten Checks
AMOUNT
1,068.75
61.00
1,603.20
83.31
7 ,964,73
1,116.28
17,962,50
260,00
12,112.11
66.52
500.00
'1,091.00
2,055.00
NUI.IBER NAME
85281
45292
85293
85?94
85295
85285 FI LTERFRESH COFFEE EXCELLEI,ICE
8LDG. & GROUNDS MAINT.
DU-ALL SAFETY
TRAINI}IG EXPEIISE
TRAI}II}IG EXPEIISE
TRAI }I I }.IG EXPENSE
A & L JA}IITORIAL SERVTCE
CO}ITRACTUAL SERVICES
V8 GOLF LLC
I'I I SCELLA}IEOUS
RECREAT ION PROGRAM EXPENSE
ROEERTS AIID ERUNE
I.I I SC. SUPPL I ES
LAUREN ORTIZ
I,I I SCELLANEOUS
HARRIS AND ASSOCIATES
PROFESSIONAL & SPECIALIZED S
ACCOUNT
17,962.50 101 37010
260.00 619 64460 220 5170
66.52 526 69020 120
500.00 731 22525
1,091.00 320 79210 210
2,065,00 327 7A534 210
427
320
320
101 66240 260
526 69020 260
527 66520 260
u2
269
10
26
529 46715
529 68030 213
101 23611
101 64010 120 1747
61.00 6?1 64450 190
4,603.20 101 68010 220 1572
83.31 5?e 69020 160
7,961,73 tot 37010
21613
21623
21741
21747
21767
21855
21936
21918
22178
22208
50
63
62
85286 SXYHA!/KS SPORTS ACADEI,IY
COIIIRACTUAL SERVICES
85287 CIIIGULAR !/IRELESS
CON4}IUN I CAT I ON S
85288 TUR80 DATA SYSTEilS, INC.
I'ISCELLANEq,S
85289 }iANDEGo, tllc.
I,It SCELLA}IEOUS
I.IISC. SUPPLIES
85291
85290 sA[ UATEo Co'.']rTy Coi/TRoLLERS Ott 21897
I{ I SCE L LA}IEC['lS
32
60
51
90
9
2
85296 UIIDERGROUNO CONSTRUCT ION UANAGER 22305
PROFESSIO}IAL & SPECIALIZEO S
45297 TECHIIOLOGY,ENGINEERIN6 & CONSIRU 22435
COIITRACTUAL SERVTCES 24,718.06 320 76010 220
24,748.06
PAGE 5
22235
CITY OF BURTINGAI.{EI./ARRAIIT REGISTER
09 /19 /02
VENDOR DETAILr*r Denotes Hand l.rritteh checks
PAGE 4
AI4OUNT
220.00
4,682.66
225.00
2,181 ,00
350.00
125,57
33,408.50
2,175.00
11 ,804.87
NUI'IBER NAME
85270
85271
45272
85273
85?74
a5275
85276
852n
45278
85279
85281
AMERICAN SOCIETY OF CIVIL ENGINE 19821
DUES & SUBSCRIPTIONS
UTILITY AERIAL INC
I.I I SCE L LAII EOJS
ACCOUNT
220.00 101 66100 210
4,642,66 618 64520 604
GE CAPITAL
OFFICE EXPENSE
CONTRACTUAL SERVICES
CITY HALL I4AIIITEIIAI|CE
STATE OT CALI FORNIA
LOAN PRITICIPAL PAYI.iENT
INTERESI PAYI,IENT
101 680?0 110 2100
101 68010 220 1101
621 61150 200
33,510.53
10,244.82
526 690
526 690
20 761
20 762
19990
?0216
20250
20501
20716
20743
20801
20900
20963
20986
DELL MARKETING L. P.
I.I I SC. SUPPL I ES
85280 ROMAil & LoUGEE, INC.
PROTESSIONAL & SPECIAL I ZED S
LYNX TECHI{OLOGIES
PROFESSIONAL & SPECIALIZED S
GARY ERNST
}II SCELLANEOUS
LARRY ANDERSOI{
I.I I SCELLA}IEOIJS
TBS BUILDI}IG I,IAINTENAiICE CO.
COIITRACTUAL SERVICES
CATHERINE J.}I. NILI,IEYER
I.IISCELLANEOUS
SOUTII BAY REGIONAL PUBLIC
TRAIiIING EXPE}ISE
3,300.00 326 75170 210
225,00 751 22525
465.00 l0l 64550 031
2,181.00 619 64450 220 5180
350.00 731 22525
125 -57 101 68020 120 2100
33,408.50 326 79530 210
2,175.00 101 65100 260
I 1 , 801 . 87 nl 22190
85283 cDg GoVERNMENT, lNC.
EOIJI PI.IENT I,iAINT.
21182 36.97 320 80420 200
36.97
99,73
398.94
1 ,O52,18
1,551.15
13,759.35
3,300.00
465.00
20601
85282 ESA ENVIRO}II.IENTAL SCIENCE ASSOC 21160
DEPOSIT REIUND
CITY OF BIJRLINGAI.IE
!JARRANT REGISTER
09/ 19 /02
VEI{DOR DETAI L
'*r Denotes Hand Uritten checks
PAGE 3
NUMBER NAME
85255 scHllAAB, tNc.
I.I I SCELLANEOUS
OTTICE EXPEI{SE
52
99
164.11
291 .74
621 61150 160
896 20281
116fl.
13940
13980
15761
13792
16450
18218
18951
18976
18990
19027
19045
19366
-2
ACCOUNT AMOUIIT
36.47
456.18
4,459.00
1,309.85
450.00
5.88
t00.00
157 .74
335.00
58/..55
233.82
111.44
30.00
85257 PROJECT FOCYS
CONTRACTUAL SERVICES
85258 VALLEY OIL CO.
SUPPLIES
85?59 PARK-GtL AN CLIlllCS. INC.
PRISONER EXPENSE
85260 D ISCO.JNT SCII@L SUPPLY
i.II SC. SUPPLIES
45261 CA-NV SECTION, A!'['A
TRAVEL & I'IEETINGS
85262 R. H. t. tNC
EOUIPMENT I.IAINT.
85263 AI'IERICAN UATER !'ORKS ASSN.
DUES & SUBSCRIPTIOi/S
85264 UESTERN RIGGI}IG PRODUCTS It{C
I.I I SC. SUPPLIES
85265 ACCESS U}I I FORI.IS & ET.IBROIDERY
UII I FORTIS AND EOUIPI'IENT
a5?66 PRUDENTIAL OVERALL SUPPLY
CONTRACTUAL SERVICES
45267 GOETZ BROTIIERS
I1ISC. SUPPLIES
85268 EURION I S FIRE APPARATUS
FIRE APPARATUS MAINT.
4,159.00 101 65100 220
1,109.85 620 15000
150.00 101 65100 291
6.88 tot 68010 120 1370
500,00 5?6 69020 250
157.74 101 65400 200
335_00 526 69020 240
584.55 526 69020 120
233.a2 527 56520 160
111.84 101 61200 220
30.00 101 68010 t20 1781
254.53 101 65200 203
a5269 BAY AREA BUSINESS CARDS II,]C
OFF I CE EXPEIISE
19588 20.57 101 66100 110
20,57
45256 AT&T
COI{MUNICAT IONS
UTILITY EXPENSE
101 23611
101 64250',]10
r8937
254.53
CITY OF BURL I NGAI.IEIIARRANT REGISTER
09 / 19 /02
VENDOR DETAILr*r Denotes Hand lrritten Checks
IIUI{BER NAI.iE
85213 PATTERSoN PARTS, rNC
TIRE APPARATUS MAI}.IT.
SUPPLIES
81244
ACCAJNT
I ,132,37
189.93
101 65200 203
620 '15000
25,500.00 101 61560 210
10t479.45 l0l 68010 120 1785
03109
03471
03910
09218
09392
09439
09499
09518
101
101
t0l
101
101
101
529
731
680'l0
680't0
68010
58010
58010
58020
68030
22534
1'100
1330
1950
1521
1100
2200
PAGE 2
AMOUNT
I ,322.30
25,500.00
10,179.15
3,870.00
1,717.62
315.89
59 .31
128.00
2,889.n
490.00
225.00
85241
85216
85217
85248
85249 STERI CYCLE, INC.
SUPPL IES
85250 [oEL L. T. LLER, tNC,
SUPPLIES
85?51
85252
85?r3
KPI.IG LLP
PROFESSIONAL & SPECIALIZED S
SAN I.IATEO Ui/IOII HIGH
I.I I SC. SUPPLIES
POM INC.
EOUI PMENT MAI NT.
LIFE ASSIST
I.IISCELLANEOJS
SUPPLIES
1,712.62 101 65400 200
-3. 10
33a.99
101 2351r
101 65200 112
BURL I NGAI.IE REC. DEPT./PETTY CASH
OTTICE EXPEI,ISE
I.I I SC. SUPPLIES
PT,BLICATIONS & ADVERTISING
CO}ITRACTUAL SERVICES
DUES & SUBSCRIPTIONS
TRAVEL & I,IEETINGS
BLDG. & GROIJI.IDS I.IAI NT.
MI SCELLANEC[.JS
110
120
150
220
240
250
't90
57.91
2,55t .74
36.00
736.OO
265.00
16.00
80 -00
121-31
TELECOI.IMUII I CAT I ONS ENGINEERI}iG A 10101
CO}ITRACTUAL SERVICES
59.31 101 65200 fl2
128.00 620 15000
2,?,89.n 618 64520 210
490.00 101 68010 220 1787
225.00 101 65?00 220
ABAG . L IABI L ITY
PROTESSIONAL & SPECTAL I ZED S
CRAIG !}. REED
COIITRACTUAL SERVICES
85251 AUGUST SUPPLY, INC
I,IISC. SUPPLIES
10256 850.35 101 55200 111
850.35
03106
09881
CI TY OF BURLINGAME
!,ARRATIT REGISTER
09t 19 /02
VENDOR DETAI Lr*r Dehotes Hand Uritten Checks
928.26
70.32
111,44
714.08
17.27
76.17
n.38
43.06
1 ,040.35
12.96
66240 120
66210 222
66210 230
80790 120
69020 120
59020 130
56520 230
64460 120
65200
65200
66520
15000
66700
202
203
120
120
PAGE 1
AI,4OUNT
?,470.91
?0,414.26
112.04
539.58
103.24
I ,250.20
2,875.00
2,213.50
528.30
10.23
ACCOUNTNUMEER NAII1E
85232
45233
81231
85235
8s?36
85?37
85238
85?39
85240
85241
GRAY I S PAINT, BURLINGAME
MI SC. SUPPLIES
TRAFF I C CONTROL I.IATERIALS
PUI,4P EOUIPMENT REPAIR
I,4I SC. SUPPLIES
II I SC. SUPPLIES
SMALL TOOLS
PUIIIP EOUIPI'IENT REPAIR
MISC. SIJPPLIES
BURLI NGAI.IE AUTO SUPPLY
VEHICLE I.|AINT.
FIRE APPARATUS I.IAI NT.
t{ I sc. suPPLtEs
SUPPLTES
I.I I SC. SUPPLTES
BAYSHORE INTERNATIONAL TRUCKS
SUPPLIES
HARBOR SAND & GRAVEL
l.t I sc. suPPLtEs
112,01 101 68010 120 t78t
539.58 620 rt000
103.21 101 66210 120
01025
0'!030
01052
01236
01507
01663
01862
02261
02819
03054
101
101
10'l
320
526
526
527
619
101
t0l
527
620
620
f3.57
471 .5A
81.39
AClIO}I CLEA}IING SERVICE
CONTRACTUAL SERVTCES
CONTRACTUAL SERVICES
BLDG. & GROI'NDS I.{AINT.
14,840.00
5 ,397 .60
176.66
527 66520 220
619 64460 220 5230
621 64450 190
ALPI}IE AUARDS, INC.
UISC. SUPPLIES
BURL INGAME RECREAT ION DEPT.
RECREAT IOII EXPENSES
CITY OF REDTOO CITY
CITY HALL I.IAINTENANCE
GRANITE ROCK COMPANY
STREET RESURTACI NG EXPENSE
MANPO!/ER
TEMPORARY EI.{PLOYME}IT SVC.
P. G. & E.
GAS & ELECTRIC
2,876.00 101 lo7oo
2,213,50 521 64150 220
528.30 101 66210 226
122.10 101 65300 01'1
10.23 527 66520 170
85?42 PACI FIC EELL
UTILITY EXPENSE
03080 3,031.21 a96 20281
3,031 .21
422.10
85231
01313
09-13-2002
CITY OF BURLINGAMEl.lARRAiII REGISTER
F! Dir r:^EP .: ,1!
PAGE 9
iB.!j:ar. ,:"i.
Cp!'1' lr. .L1r:i_:!rE|,:4iS ri.l[i.E
I,IATER NA.='; TAL PROJECT FUND
SEI.'ER CAPITAL PROJECT FUND
HATER FUND
SEI.'ER FUND
SOLID UIASTE FUND
GOLF CENTER FUND
SELF INSURANCE FUND
FACILITIES SERVICES FUND
EOUIPIIIENT SERVICES FUND
INFORMATION SERVICES FUND
FIRE MECHANIC SERVICES FUND
TRUST AND AGENCY FUND
FEDERAL GRANTS FUND
THIS IS TO
I NCLUS I VE,
THE AI,IOUNT
OFFI CIALS,
ACCORDANCE
,r;15
327
526
527
528
529
618
619
620
6?1
625
731
737
. .!r \lA : :!1
58i,998"04
6'tr ,863.38
19,650.36
3,965.99
19,433.06
2,590.00
25,002.05
2,574.25
3,912.16
24,573.40
282.47
544.91
17 ,379.55
524.93
TOTAL FOR APPROVAL 9827,?35.84
HONORABLE },IAYOR AND CITY COUNCIL:
CERTIFY THAT THE CLAII4S LISTED ON PAGES NUMBERED FROM 1 THROUGH 9
AND/OR CLAIMS NUIiIBERED FROI{ 85064 THROUGH 85177 INCLUSIVE,TOTALING IN
oF s827,235.84, HAVE BEEN CHECKED Iir DETAIL AND APPRoVED By THE pROpER
AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY tN
lIITH THEIR RESPECTIVE AMOI,NTS AS INDICATED THEREON.
RESPECTFULLY SUB},IITTED,
FINANCE DIRECTOR DATE
APPROVED FOR PAYMENT
COJNCI L DATE
CITY OT BURLINGAI,{EI.'ARRAIIT REGISTER
09 /13t02
VETDOR DETAILt*r Denotes Hard l.rritten Checks
PAGE 8
AMOUNT
6,900.00
I ,760.00
3,575.00
650.42
208.81
500.00
240.00
240.00
550.00
252.13
500.00
$827 ,235 ,A4
NUMBER }IAME
E5167
85168
85169
85170
85171
a5172
85173
85174
85175
85176
851n
TOTAL
FRE IDKE}I-BECKER
MI SCELLANEOUS
TI'IT DEI,IOLITION
DEPOSIT REFUNDS
NATALIE FOZOOO
I,{ I SCELLAIIEOUS
GOLDEN GATE I.IECHANICAL
i!ISCELLANEOUS
I.IISCELLAIIEOUS
STEVE JoHllsol,r
I.I I SCELLANEOUS
RICHARD IIARBER
IlscELLAitEous
AIIITA I.IC CALLION
I.IISCELLANEOUS
BRIAN ANDERSOII
I.I I SCELLANEA,S
KICKERS SOCCER SHOP
I,I I SC. SUPPLIES
?3922
23923
23921
?3926
23927
23928
23929
23931
23932
23933
620
29
ACCOU T
6,900.00 731 22546
'1,760.00 731 22520
3,575.00 731 22546
96
16
101 31510
731 22518
208.81 731 22515
500.00 731 22125
240.00 101 36620
240.00 101 36620
550.00 101 68010 120 1785
500.00 731 22525
CAL SCHOOL AND SPORT
I.i I SCELLANEOUS
BLDG. & GROUIIDS I.4AINT.
-1.11
253.24
101 23611
'101 68020 190 2200
KAHN DESIGN ASSOCIATES
I,I I SCE L LAI.I EOUS
23930
CIIY OF BURLINGAI.IEL'ARRAIIT REGISTER
09 /13 /02
VENDOR DETAILrir Denotes Hand l,Jritten Checks
210.00 101 35600
PAGE 7
1 ,038.45
1,480.00
61 ,838.38
408.68
687 .50
210.00
7.47
750.00
50,758.00
225.94
96.00
1 ,279.51
100.00
554,92
210.00
NUI.iBER I]AME
85'151
85',I52
85',l60 DLT SOLUTION, INC
I.I I SC. SUPPLIES
85161
8516?
85163
85164
ACCOUNT
1.038.15 101 61420 030
1,460.00 101 68010 220 1762
408.68 101 68010 120 1212
687.50 320 79420 210
240.00 731 ??534
7,47 621 61150 160
750.00 526 22502
50,758.00 32O 76010 ?20
225.91 10'1 65100 120
96.00 101 51120 210
1 ,279.51 526 36730
300.00 T3t 22520
DEPARTI.IE}IT OT JUST ICE
PROTESSIO}IAL & SPECIALIZEO S
ELISA ODABASI{IAN
}IISCELLANEOUS
IIANFORD-FREUND AIID CO.
DEPOSIT REFUIIOS
AT&T !'I RELESS EOIJIP}.{ENT
co MUNICATIOIIS
CAPITAL EOUIPMENT
RON LITTTE
I,IISCELLAIIEOUS
ICE CENTER OF SAN i.IATEO
CONTRACTUAL SERVICES
23461
2353185153ERLER A}ID KALINOL'SKI, INC.
PROFESSIONAL & SPECIAL I ZED S
MIKE KORDIIER
MI SC, SUPPLIES
BKT E}IGINEERS
PROFESSIONAL & SPECIALIZED S
FREEMAiI-DEStGIIS
I.IISCELLANEOUS
85157 AT&T
COIIII,4UN I CAT I ON S
85154
85155
85156
85',i 58
85159
23613
23641
23653
23661
23664
?1758
?3873
23905
23917
23918
23919
23920
S. G. BARBER CONSTRUCT ION
I,I I SCE L LAT EqJS
CI TY NATIO}IAL BANK
CONTRACTUAL SERVICES
29.99
524,93
'101 65200 160
r37 65180 800
23921
300.00 731 22520
300.00
AMOUNT
2351?
6',1,838.38 326 80720 210
85165 ADIB KHqJRI
I.iISCELLANEqJS
85166 A ERICAI| CANVAS
DEPOSIT REFUNDS
NUI,IBER }IAI.{E
85135
85117
85138
85139
85141
85142
85',143
85111
85145
85146
85147
85148
85119
101 66100 110
101 64400 120
101 64250 120
PAGE 6
AMOUNT
859.35
2,946.57
128.30
219.11
184 -00
150.00
175.00
1r,670.00
325.28
1 ,167.00
1,349.54
2,680.21
612.54
CASCADE TIRE EOUIPI4ENT
iII SCELLANECI,'S
SYBARI SOTTSARE,INC.
CO}ITRACTUAL SERVICES
VERIZO}I UIRELESS
co|tltu[ I cAT I 0N s
]URF STAR
EOUI PI.IE}IT IIAI NT.
EOUI PI.IE}IT I,IAI NT.
LI}IDA FRYE
I.I I SCELLAi/EqJS
TI]E I.|OB I LE STORAGE GROI,P
BLDG. & GROUNDS MAINT.
TLC ADMII/ISTRATORS
MI SCELLANEOUS
CYBERNET Co SULT I [G, INC.
PROFESSIONAL & SPECIALIZED S
IIOI.IE DEPOT
I.I I SCELLAIIEOUS
SA}I FRANCI SCO ESTUARY INSTITUTE
OTIiER AGENCY CONTRIEUTIOI,IS
?2358
22s19
22593
22682
23132
23138
23156
23234
23367
23381
23409
23410
132.28
16.36
163.90
ACCOUNT
869.35 101 65200 400
2,946,57 320 80420 220
128.30 101 68020 160 2300
85110 I.IILLS PEI.IINSULA HEALTH SERVICES 22751
PROFESSIONAL & SPECIALIZED S
145 .51
103.60
101 68020 200 2200
529 68030 200 4200
'184. OO 101 54420 210
150.00 731 22525
190.00 526 69020 190
175.00 101 64420 030
15,670.00 320 79400 210
325.28 101 64250 110
1 ,167.00 101 64420 210
1,349,54 619 61160 100
2,6n0.21 527 66530 270
BOISE CASCADE OFFICE PRODUCTS CO 23306
OFF I CE EXPENSE
THE PRACTICAL SOLUTIONS GROTJP
PROFESSIOIIAL & SPECIALIZED S
DATASAFE
OFTICE EXPENSE
t.I I SC. SUPPLIES
EANKING SERVI CE TEES
85150 CULVER GROUP
PROFESSIONAL & SPECIALIzED S
23448
1,430.00 320 80570 210
1 ,43o.oo
CITY OF BURLIN6AI.IEL'ARRANT REGISTER
09 t 13/02
VEIDOR DETAILr*r Denotes HEnd lritten Checks
190.00
CITY OF BURLINGAUEI'ARRANT REGI STER
09/13/02
VENDOR DETAI Lr*r Dehotes Hand l,/ritten Checks
PAGE 5
AMOUNT
11 ,979 .78
778.86
405.00
66.71
357,81
500.00
275.00
175.07
12,743.50
22,500.00
66.58
480.36
al .32
?,125.00
a5121
a5122
85121
85125
85126
85127
85128
85129
85130
85131
85112
85133
ESA ENVIROI{I.IENTAL SCIENCE ASSOC
DEPOSIT RETUND
45124 CtTICoRP VENDOR FIIATCE, rLrc.
EOUIPIiIENT I'IAIIII.
outcx tx coilcRETE
SIDEI.'ALK REPAIR EXPENSE
UNIVERSAL FLEET SUPPLY I IIC.
FIRE APPARATUS I{AINT.
LARRY }IORSELLO
MISCELLANECUS
FILTERFRESH COFFEE EXCELLENCE
BLDG. & GROUIIDS I'IA I NT.
PORTOSAN
RENTS & LEASES
SKYHAIIKS SPOR]S ACADEI.IY
CONTRACTUAL SERVICES
VB GOLT LLC
CO}ITRACTUAL SERVICES
REED EOUIPMENT CO
EOUIPMEI,IT iIAI}IT.
SARTOR SAI,J I,IORKS
EOUIPIIENT I'iA I NT.
ARCII UIRELESS
cofifluN I cAT I 0N S
col uN I CAr I Ol,t S
11,979.7A 320 76010 210
T7A.a6 101 66210 219
405.00 731 22590
66,71 101 65200 200
357.81 625 65213 203
500.00 731 225?5
275.00 621 61150 190
175,07 529 68030 180 4200
1?,713,50 10',1 6a010 220 1372
22,500.00 529 68030 220
66.58 529 58030 200 4200
180.36 101 68020 200 2300
HARDISON KOI{AISU IVELICH & 20938
PROFESSIOI.IAL & SPECIALIZED S
85134 JCC , IilC.
COIITRACTUAL SERVICES
'101 66210 160
527 66520 160
?,125.00 320 79380 220
?1140
21160
21521
21543
21517
21623
21616
21741
2191a
21980
22070
22089
22157
6
6
58
23
85135 ROBERTS AND BRUI,IE
}I I SC. SUPPLIES
}I I SC. SUPPLIES
22178
322.61
1,168.47
526 69020 120
,27 66520 120
1,791 .08
NUMBER NAI.4E ACCOUNT
NUI'IBER I.IAME
85106
85107
85108
85109
85110
85111
85112
85113
85 ',l 14
851r 5
85117
499.37
-7 ,81
102.8/.
320 80/120 400
527 23611
527 (6530 190
AMOUNT
1 ,188.38
155,814.00
357 .81
12.00
23,396.51
1.158.36
12,9'13.06
6,442.20
2,222.56
503.36
350.00
9,098.74
16,1?9.4?
1 ,591 .37
CITY OF BURLINGAi.4E
IIARRANT REGISTER
09 / 13/02
VENDOR DETAILr*' Denotes fiand lrritten checks
CLEARLITE TROPI{IES
UIII FORUS AIID EOUIPiIENT
851.16 ALL FEIICE CO4PANY, INC.
DITCH & CREEK CLEANING EXPEN
NATURCLEAN
I.I I SC. SUPPLIES
DENNIS J. A'.IOROSO
COIITRACTUAL SERVICES
ANG NEI'SPAPERS
PUELTCATIONS & ADVERTISING
L!EBERT CASSIDY UIIIT!'IORE
TRAVEL & }IEETTNGS
LASNER AUTO CENTER
CAPIIAL EOUIPME}IT
BURTOI.I I S FIRE APPARATUS
FIRE APPARATUS MAIIIT.
SIGIIET TESTING LAES
PROFESSIONAL & SPECIALIZED S
!/ILSEY & HAM
PROFESSIONAL & SPECIALIZED S
POT'ER !'ASH I }IG SERVICE
PROFESSIONAL & SPECIALIZEO S
PACIFIC GAS & ELECTRIC
CONTRACIUAL SERVICES
ACCOIJNT
'1,488.38 527 66520 120
456,814,00 320 76010 220
357.81 101 64200 150
'12.00 101 64420 2r0
23,396.51 620 66700 800
1,458.36 tot 65200 203
12,913,06 320 76010 ?10
6,482.20 320 80600 210
2,222.56 101 66210 Z1O
503.36 101 58020 140 2200
350,00 101 66210 223
9,094.74 320 80510 220
16,129.42 327 7t040 210
20335
85118 I{oLTE & ASSoCIATES, I}lC.
PROFESSIOI,IAL & SPECIALIZED S
85119 20706
18830
18970
19083
19095
19361
19366
19367
19397
19r64
19679
197',l0
iIICRO IIAREHOUSE
IItSCELLANEOUS
I.IISCELLANEqJS
BLDG. 8 GROUNDS iIAI NT,
71
29
85120 DELL I.IARKET I I,{G L. P.
I'I I SCELLANEOUS
I.I I SCELLANEOUS
20900
2,O
70 101 61250 100
731 22561
20376
PAGE 4
3,5A2.OO
NUMBER NAIIIE
CITY OF BURLINGAME
I,JARRANT REGISTER
09 13/02
VENDOR DETAIL!*' Denotes Hand [,lritten Checks
ACCOUNT
1 ,',t76.89 520 15000
149.16 101 65200 220
547.28 101 68010 120 1330
845.72 101 58020 ',t40 2200
16.56
22.21
132.95
371.82
-154.82
175.20
526 69020 120
527 66520 120
101 66100 120
320 80290 120
101 55200 203
625 65213 203
PAGE 3
AMOUNT
1 ,176.89
149.46
517.28
845.72
38.77
587.96
67.35
267.92
504.77
20.38
850.27
25.00
54?.40
12,372.00
850t:VATLEY 0!'- C0.
SUPPL I ES
85092 MDLINENSERVICE
CONTRACTUAL SERVICES
85093 DISCOUNT SCHOOL SUPPLY
MISC. SUPPLIES
85094 CINTAS CORP. #/t64
UNI FORMS AND EOUIPIIENT
85095 GOLDE].I NURSERY
MISC. SUPPLIES
},IISC. SUPPLIES
85096 MJM CHEMICAL COMPANY
BLDG. & GROUNDS MAINT.
85097 PRIDE PAINT
BLDG. & GROUNDS MAINT
85098 COLORPRINT DIGITAL
OFFICE EXPENSE
85099 PENINSULA DIGITAL IMAGING
t.IISC. SUPPLIES
MISC. SUPPLIES
85100 HI-TECH EMERGENCY VEHICLE
FIRE APPARATUS MAINT.
FIRE APPARATUS 1IIAINT.
85101 LEE & ASSOCIATES
MI SCELLANEOIJS
85102 COUNTY OF SAN },IATEO
MISC. SUPPLIES
85103 LABoR READY, INC.
TEMPORARY EMPLOYMENT SVC.
85104 KLEINFELDER, INC
PROFESSIONAL & SPECIALIZED S
BAI LEY I S
SI,IALL TOOLS
15827
16460
16911
17'.!28
17182
17414
17497
17534
17546
17568
18565
18659
18684
587.96 101 68010 190 1101
67.35 101 68020 190 2200
267.92 5?6 69020 110
850.27 101 65200 400
25.00 326 80770 120
542.40 526 69020 011
12,372.00 320 80510 210
85105 18733 361.85 101 68020 130 2300
361.86
CITY OF BURLINGAI.IE!IARRANT REGISTER
09 / 13/02
VEIIDOR DETAI Lr*. oehotes H6nd gritten Checks
ACCOUNT
77.49 529 68030 120 4200
160.00
2,414.25
618 64520 210
614 64520 601
1 10.0/i
891 . 15
101 68020 20
101 68020 40
o2
o2
200
200
61.19 't01 65200 120
335,07 101 642s0 110
439,39
2,494,91
101 66240 120
101 66210 222
88.00
280,29
527 66520 1
527 665?0 1
20
30
526 69020 120
527 66520 120
527 66520 130
PAGE 2
SIERRA PACIFIC IURF SUPPLY
I{ I SC. SUPPLIES
85078 ABAG - L IABI L ITY
PROFESSIOIIAL & SPECIAL I ZED S
CLAIt.IS PAYIIENTS
}IUI4BER NAXE
45077
85079
85080
85081
85082
85083
85084
09159
095'18
09560
09670
09677
09790
10077
10557
11571
11640
14613
14692
14855
AMOUIIT
77.49
2,574.25
I ,004.19
64.19
335.07
2,934.30
368.29
127.73
1 L90
207.60
21.79
16.67
149 ,n
SAN MATEO LAI.IN MOL/ER SHOP
EOUIPI.IENT I.IAITIT.
M I SCELLANEOUS
ORCHARD SIJPPLY HARDI.'ARE
MISC. SUPPLIES
TAB PROOUCTS CO.
OFFICE EXPE}ISE
TNTERSTATE TRA'TIC
I.I I SC. SUPPLIES
TRAFFIC COilTROL IiTATERIALS
3 T EOUIP}IEI,IT CO.
I.I I SC. SUPPLIES
SI{ALL TOOLS
CAL - STEAI.I
I.I I SC. SUPPLIES
I.I I SC. SUPPLIES
SI.IALL TOOLS
11.79
76.70
36.21
85085 TTIE ADAM-IIILL CO'IPAIIY
FIRE APPARATUS I,IAI I.IT.
85086 UECO I NoUSTRI ES, rNC.
MISC, SUPPLIES
85087 SAII MATEO LOCK !/ORKS
I.I I SC. SUPPLIES
85084 NORTIlERN CALI FORN IA
BLDG. & GRO{,,}IDS I.IA I NT.
85089 ROYAL L'IIOLESALE ELECTRIC
I.I I SC. SUPPLIES
11.90 625 65213 203
207.60 527 66520 120
24.79 101 68010 120 1111
46.67 101 58020 190 2200
149.n 526 69020 1?0
85090 PARKIII SECURITY CONSULTANTS
TRAINING EXPENSE
15250 1,166.50 101 65200 260
1 ,466.50
CITY OF BURLIiIGAI.IE
lIARRANT REG I STER
09/ 13 /02
VEIIOOR DETAILr*r Denotes Hahd !.itteh Checks
ACCOUNT
PAGE 1
AMOUNT
1,893.74
680.00
16,187.71
960.?1
150.00
307 .20
78,91
19,936.63
2,590.00
23.a?
NUI,|BER NAI.IE
85064
85065
85066
85067
85070
85071
85072
85074
85075
ACTION CLEAN ING SERVI CE
OFFICE EXPENSE
CONTRACTUAL SERVICES
L. N. CURTIS & SONS
UNI FORI'IS AND EOUI PI.IENI
FIRE APPARATUS MAINT.
OULIN AOVERTISING INC.
PUBLICATIONS & ADVERTISII.IG
SEOUOIA ANALYTICAL LAES
PROFESSIONAL & SPECIALIZED S
SHERRY I S/I.IESTERN CERAMICS
I'iI SC. SUPPLIES
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101 64250 110
619 64460 220
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65200 140
65200 203
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327 79180 220
527 66330 190
527 66130 210
207.77
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101 66240 120
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307.20 101 65300 011
78.91 529 68030 120 4200
19,936.63 ',tl1 66210 170
2.590.00 528 66600 210
?3.82 101 68010 ',t20 1330
85076 LYNGSO GARDEN MATERIALS
ilISC. SUPPLTES
STDEWALK REPAIR EXPENSE
[ISC. SUPPLTES
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92.55
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101 68020 120 2200
'101 66210 219
526 69020 120
906.19
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US FILTER OPERATIiIC SERVICES
CONTRACTUAL SERVICES
BLOG. & GRCI,NDS MAIXT.
PROFESSIONAL & SPECIALIZED S
101 65200 203
526 69020 1ZO
03054
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DArE: OCTOBER 15.2002
#BrnrrED l) n oafi:ilo"Arz-
AGENDA 8eITEM#
MTG.
DATE 10.21.02
'/,beFFROM:CITY PLANNER
/
SI]EIECT: STATUS REPORT ON THE FY2OO2.2OO3 ADVANCED PLANNING PROGRAM
RECOMMENDATION:
At Council's request Planning staffwill include a monthly up date on the three advanced planning programs
which you have scheduled for FY 2002-2003. This is the first of the monthly updates.
Public Meetings in October and November
City Council members and Planning Commissioners are encouraged to attend, and participate in the public
workshops which are an integral part of two of the current advanced planning projects. The public is invited
to attend each of the workshops and to express their opinions and preferences regarding development, land use
and land use densities, as well as the future appearance of the areas. The purpose of the workshops is
educational and participation is not a violation of the Brown Act. Your participation, or even just
observation, will lend credibility to the importance of these planning programs to the City. Citizen input at
workshops can provide insight into the choices that lead to the draft plan. The workshops provide an
opportunity for you to ask the public some of the diffrcult questions which you must address in acting on any
plan. In October and November we have scheduled the following workshops for these two advanced planning
programs:
North EndlRollins Road Specific Area Plan
Second Workshop October 17,2002:Develop Land Use Alternatives (hands on)
Burlingame Recreation Center
7:00 p.m. to 9:00 p.m.
Third Workshop December 3,2002 Review Alternatives/Select Specifi c Planning Area
Burlingame Recreation Center
7:00 p.m. to 9:00 p.m.
Bayfront Specific Area Plan Update
First Workshop October 22,2002 Introduction to the Planning Area and Visioning
DoubleTree Hotel
7:00 p.m. to 9:00 p.m.
There will be two additional workshops scheduled for the North End Specific Area Planning program and two
additional workshops for the Bayfront Specific Area Update planning program in 2003.
BY
STATAS REPORT ON THE FY2OO2-2003 ADVANCED PLANNING PROGRAII Odober 21,2002
North End/Rollins Road Specific Area Plan
The city signed a contract with Design, Community and Environment (DCE) in May to undertake an 18 month
study and prepare a Specific Area Plan document for city action. The contract includes five public workshops.
The first workshop was held in September. At that workshop the consultant presented the conclusions of the
technical background studies which they undertook during the summer. These studies, ranging from
economic (defining the viability of certain land uses and impacts of BART) to biological (identi$ing sensitive
habitat areas within the study area), establish parameters for what land uses and activities are feasible in the
area. In the case of the North End/Rollins Road area, the conclusions from the studies will also help in the
identification of the smaller specific area for the more intense planning study which is the focus of the second
half of the program.
A copy of the Background Report for the North End/Rollins Road study area was sent to each Council
member. This report will be used as a reference document through out the study It will also be an important
part of the environmental document for the Specific Area Plan.
Notes from the first workshop are attached at the end of this report. After a presentation on the planning
parameters in the area including aviation height restrictions on future buildings, location of sensitive wild life
habitats, identification of critical intersections inthe circulation system and conclusions of the findings of the
economists regarding viable land uses in both the short and longer term, the group was divided into smaller
discussion sessions where they discussed their "vision" for the area.
This work shop was widely noticed in newspapers and by mail. All participants in the Housing Element Work
shops as well as all property owners within the study area were noticed by mail. Mailed notices were also sent
to anyone who expressed any interest. Free standing advertisements were placed in the Sqn Mqteo County
Times and Independent a week before the meeting. Notice was also posted on the city's web site. About 30 to
40 people attended the workshop.
The Second Workshop, scheduled for Octob er 17 , 2002, will take the first steps toward defining the area of
planning focus within the broader study area. At this meeting participants, broken into groups, will be given a
map of the area and colored pens. They will be asked to discuss appropriate land uses and densities within the
area, as well as asked to identify the function for the city of various parts of the study area. They will have an
opportunity to develop a kind of "wish" list for the planners to evaluate further, and to use in developing
planning goals and policies for the area. Notes for the second workshop were sent and published the same as
for the first workshop. In addition the 1600 people on the city's web site subscription list were noticed by e-
mail.
The Third Workshop, to refine the alternatives and focus on selecting a Specific Plan planning area is
currently scheduled for December 3,2002 (a Tuesday). Please hold the date on your calendars. Staffwill
notify you ofany changes to this date.
Update of the Bavfront Snecific Area Plan
Planning staff is working in house on a review and update of the Bayfront Specific Area Plan adopted by the
city in May 1981. In June 2002, stafflet a number of contracts to technical specialists to complete evaluative
studies of the area. From these studies staff has written a Background Report which will serve as a reference
and guide as we review the existing development goals and policies for the area.
a
STATUS REPORT ON THE FY2OO2-2003 ADVANCED PI}INNING PROGRAM October 21, 2002
In September the Mayor appointed a group of interested citizens as a working group to assist staffas we
compile and evaluate the information gleaned from the citizens who participate in the three public workshops
which are the core of the update program. The citizens working group met with staffat the end of September
to become familiar with the project. They will attend the first workshop on October 22,2002.
The Bayfront Update workshop was noticed by mailed notice to all property owners, e-mail to the 1600
subscribers to the city clerks notice service, posted on the city's web site, advertised in free standing ad in the
San Mqteo County Times and in the news briefs on the front page of the Independent, and in the Chamber of
Commerce newsletter. All participants in the Housing Element planning program were mailed notice along
with interested persons who have contacted the Planning Department regarding this program.
The background report for the Bayfront Plan update has been delivered to Council, Planning Commission and
members of the working group; it is also available to any member of the public who might be interested. The
Background Report assembles all the technical data collected and presents it in map form so that the impacts
of various effects on different parts of the planning area are clear. Wind for example is a major consideration
at the southern end of the Anza area and noise is an important consideration in the Bayfront Highway area
closest to the Airport. The noise analysis also includes an evaluation of the noise impact of the various
runway extension alternatives being considered at the airport.
At the first workshop those attending will walk through the findings and implications for future use discovered
by the various technical studies. Then they will break into smaller groups to make the first review of the
existing goals and policies which circumscribe our culrent plans for the area. Discussion will focus on what
the future use of the area could be, what factors might make uses attractive, and what the implications of
continuing the same uses or changing them might have on the city as a whole.
The conclusions of the workshop will be combined into a Feedback Report which will be sent to all
participants. The working group will work with staffto identify issues which emerge from the workshop. The
second workshop in the Bayfront Update planning program will be held on January 7,2003. Please hold that
date. The second workshop will focus on land use scenarios and alternatives.
Ilousing Element Implementation Program
During the summer the Planning Commission appointed a subcommittee to work with staffto develop the
zonirrg changes required to implement the work program outlined in the adopted Housing Element. The 2001-
2006 Housing Element was certified by the state in September 2002.
The Subcommittee is committed to meeting monthly. At its September meeting the group reviewed proposed
revisions to the Condominium and Condominium Conversion requirements. At the October meeting they will
continue with the work on the condominium requirements and begin work on standards for inclusionary
zoning. For November the group should be looking at the first draft of new inclusionary zoning standards.
The Condominium and Condominium Conversion code sections should be going to the Planning Commission
in November or December, providing there is space on their agenda.
Attachments
Bayfront Specific Area Plan Update Background Report was put in your boxes on October 16,2002
v
I STAFF REPORTda< o+>?Q
AGENDA
tTEl/l #
MTG,
DATE
8f
10t21t2002Zf
To: Honorable Mayor and Council SUBMITTED
BY
DATE: October 14,2002 APPROVED
BY
FROM: Larry E. Anderson. Citv Attornev
REVIEW AND APPROVAL OF AMUSEMENT PERMIT FOR BEHAN'S IRISH PUB,I327
BROADWAY UNDER GERARD MITCHELL
STIBJECT:
RECOMMENDATION:
Approve amusement permit for Behan's Irish Pub under Gerard Mitchell for a period of 9 months
DISCUSSION:
Behan's Irish Pub is a long-time establishment on Broadway, which has had an amusement permit since 1989
Hugh and Mary Mitchell have transferred ownership to their son, Gerard Mitchell. He has applied for an
amusement permit in his name on the same conditions as applied to the establishment in the past.
The Police Department reports that there have been 26 calls for service at the ,location during flhe past, 1 2 ,
months, with four involving unruly behavior. This is an improvement over past years and staff is supportive of
approving the permit for a nine-month period, which would coincide with the annual renewal hearings.
Attachment
Proposed Conditions of operation
Distribution
Chief of Police
Fire Chief
Gerard Mitchell
CONDITIONS FOR AMUSEMENT PERMIT
FOR BEHAN'S IRISH pUB, 1327 BROADWAY
PROPOSED OCTOBER 21, 2002
Permit allows: Entertainers on Saturdays and recorded music on Sundays from 9:30 p.m. to l:00 a.m. with
the following conditions:
t.
2.
J.
4.
5.
6.
7.
8.
Admission shall be limited to adults 2l years of age or older.
The establishment shall be posted with a "Maximum occupancy 49" sign.
Violations of the law or threatened violations shall be immediately reported to the police with full
cooperation from employees and management.
No variance from the permitted entertainment shall occur without amendment to the permit.
No part of the business shall be subleased without notification to the police.
The amusement permit is non-transferable.
All alcohol beverage control laws shall be strictly enforced.
Any fight, ejection of customer, thefts from customers, or any other criminal act occurring at the
establishment shall be reported to the Burlingame Police as soon as any employee is aware of such an
incident.
Any request by anyone in the establishment for an employee to contact the Police shall be honored
immediately, without question.
Last call for alcohol service shall be l:20 a.m. on nights when entertainment is offered.
Labor Code Section6404.5 regulating smoking shall be enforced at all times.
No minors are to be allowed on the premises during hours when there is no food service, unless they are
there on lawful business.
9
10.
I l.
12_
STAFF REPORT
TO:
AGEI\tDA 8gITEM#
MTG.
DATE tol2Ll02
HONORABLE MAYOR AND CTTY COUNCIL SI]BMITTED
DATE:Ocfoher l5-,_o02
Director
BY
BYFROM:Robert Human
suBJECr: Adoption of Resolution Fixing the Employer's
Medical and Hospital Care Act
Under the Public EmPloYees'
RECOMMEI{DATION:
Staffrecommends that the Council approve the attached resolution increasing the City's contribution towards
medical premiums effective January 1, ZOOI for employees and annuitants covered by the Memorandum of
Understanding between the City of Burlingame and the Police and Fire Administrators which represent the
Police Sergeants, Commanders and Assistant Fire Chiefs'
BACKGROUITID:
In the negotiated agreements with the aforementioned groups, the monthly health care contribution provided
by the CiIy was to increase in 2003. The current amount is $615 and the proposed amount for the Police and
Fire Administrators will increase to g715 a month in 2003. The City contracts with the California Public
Employees, Retirement System (CaIPERS) to provide medical care coverage to City employees per the terms
of ihe public Employ..r' M.diral and Hospital Care Act (PEMHCA). In order to adjust the monthly
premium to higheramounts in 2003, CaIPBRS requires the attached resolution be adopted by the City Council.
BTIDGET IMPACT:
The amount ofthe increase was budgeted in the Fiscal Year 200212003 budget previously adoptedby Council.
ATTACHMENTS:
Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF TI{E CITY
OF BURLINGAME FD(NG TIIE EMPLOYER'S CONTRIBUTION LINDER THE
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
RESOL\IED, bY the City Council of the City of Burlingame:
WH['.REAS, Government Code Section 22825.6 provides tllort alocal agency
contracting under the Public Employees' Medical and Hospital Cate Act shall fix the
amount oflhe employer's contribution at an amount not less than the amount required
under Section 22825 of the Act; and
WIIEREAS, the City of Burlingame, hereinafter referred to as Public Agency, is
a local agency contracting under the Act for participation by members of the Police and
Fire Administrators, therefore be it
RESOLVED, that effective January 0l,2OO3 the employer's contribution for
each employee or annuitant shall be the amount necessary to pay the full cost of hislher
enrollment, including the enrollment ofhis/her family members in a health benef,rts plan
up to a maximum of $715 per month; Plus administrative fees and Contingency Reserve
Fund Assessments,
MAYOR
I, ANN MUSSO, City Clerk of the City of Burlingame, do hereby certiSr that the
foregoing resolution was introduced at a regular meetmg of the City Council held on
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COLTNCIL MEMBERS:
CITY CLERK
STAFF REPORT
TO:HONORABLE MAYOR AND CITY COT]NCIL
DATE:Ocfoher 15^2OO2
FRoM: Robert Bell. Human Director
srlBJECr: Adoption of Resolution Fixing the Employer's
Medical and Hospital Care Act
Under the Public Employees'
AGEI\DA
ITEM #
MTG.
DATE tol2Ll02
8h
ST]BMITTED
APPROVED
A.hBY
BY
RECOMMENDATION:
Staffrecommends that the Council approve the attached resolution increasing the City's contribution towards
medical premiums efflective January 1,2003 for employees and annuitants covered by the Memorandum of
Understanding between the City of Burlingame and the Burlingame Association of Middle Managers
(BAMM), the International Association of Fire Fighters (IAFF) and the Unrepresented/Department Heads.
BACKGROTJND:
In the negotiated agreements with the aforementioned groups, the monthly health care contribution provided
by the City was to increase in 2003. The current amount is $580 and the proposed amount for the
aforementioned groups will increase to $675 a month in 2003. This will provide full family coverage for only
one of the CaIPERS health plans, Kaiser. Employees needing family coverage in the other CaIPERS health
plans will have to pay a portion of the monthly prernium via payroll deductions. The City contracts with the
California Public Employees' Retirement System (CaIPERS) to provide medical care coverage to City
employees per the terms of the Public Employees' Medical and Hospital Care Act (PEMHCA). In order to
adjust the monthly premium to higher amounts in 2003, CaIPERS requires the attached resolution be adopted
by the City Council.
BUDGET IMPACT:
The amount of the increase was budgeted in the Fiscal Year 200212003 budga previously adopted by Council.
ATTACI{MENTS:
Resolution
RESOLUTION NO
RESOLUTION OF TTIE CITY COUNCIL OF TT{E CITY
OF BURLINGAME FD(NG THE EMPLOYER'S CONTRIBI-MION UNDER THE
PUBLIC EMPLoYEES, MEDICAL AND HoSPITAL CARE ACT
RESOLYED, bY the City Council ofthe City of Burlingame:
WHEREAS, Government Code Section 22825.6provides that a local agency
contracting under ttre public Employees' Medical and Hospital Care Act shall fix the
amount of-the employer's contribution at an amount not less than the amount required
under Section 22825 of the Act; and
WHEREAS, the City of Burlingame, hereinafter referred to as Public Agency, is
a local agency contracting under the Act for participationby members of the Btrlingame
Associatlon of Uiaarc Managers, the International Association of Fire Fighters, and the
department head/umepresented group, therefore be it
RESOLVED, that effective January Ol,2OO3 the employer's contribution for
each errployee or annuitant shall be the amount necessary to pay the full cost of his/trer
enrollrnint, including the emollment of his/her family members in a health benefis plan
up to a maximum of $675 per month; Plus administrative fees and Contingency Reserve
Fund Assessments.
MAYOR
I, ANN MUSSO, City Clerk of the City of Burlingame, do hereby certifu that the
foregoing resolution was introduc ed at aregular meettng of the City Council held on
AYES: COt,NCIL MEMBERS:
NOES: COLTNCIL MEMBERS:
ABSENT: CQLTNCIL MEMBERS:
CITY CLERK
\
STAFF REPORT
TO:HONORABLE MAYOR AIYD CITY COUNCIL
AGENDA 8iITEM #
MTG.
DATE LOl2tl02
DATE:Oefnher lS- 2OO2
FROM:Rohert Rell^ ffuman Director
St BJECT: Adoption of Resolution Fixing the Employer's
Medical and Hospital Care Act
6:-<'<
Under the Public Employees'
SUBMITTED
APPROVED
BY
BY
RECOMMEIIDATION:
Staffrecommends that the Council approve the attached resolution increasing the City's contribution towards
medical premiums effective January 1,2003 for employees and annuitants covered by the Memorandum of
Understanding between the City of Burlingame and the Burlingame Police Officers Association (POA),
American Federation of State, County and Municipal Employees (AFSCME) local 2190 and 829, and the
Teamsters which represent dispatch employees.
BACKGROUND:
In the negotiated agreements with the aforementioned groups, the monthly health care contribution provided
by the City was to increase in 2003. The current amount is $580 and the proposed amount for the
aforementioned groups will increase to $630 a month in 2003. tn 2003, errployees needing family coverago
in the any of the CaIPERS health plans will have to pay a portion of the monthly premium via payroll
deductions. The City contracts with the California Public Employees' Retirement System (CaIPERS) to
provide medical care coverage to City employees per the terms of the Public Employees' Medical and
Hospital Care Act (PEMHCA). In order to adjust the monthly premium to higher amounts ir.2OO3, CaIPERS
requires the attached resolution be adopted by the City Council.
BUDGET IMPACT:
The amount of the increase was budgeted in the Fiscal Year 200212003 budget previously adopted by Council.
ATTACHMENTS:
Resolution
!r
RESOLVED, by the City Council of the City of Burlingame:
WIIEREAS, Government Code Section 22825.6provides that a local agency
contracting under the Public Employees' Medical and HospitalCare Act shall fix the
amount of-the employer's contriLution at an amount not less than the amount required
under Section 22825 ofthe Act; and
WHEREAS, the City of Burlingame, hereinafter referred to as Public Agency, is
a local agency contracting ordo the Act for participatign !y members of the American
Federation of State, County and Municipal Errployees (AFSCME) local 2l9A and829,
the Burlingame Police Officers Associaiion (POA), and the Teamsters, therefore be it
RESOLVED, that effective January 01, 2003 the employer's contribution for
each enployee or armuitant shall be the amount necessary to pay the full cost of his/her
enrollment, including the enrollment of his/her family members in a health benefits plan
up to a maximum of $OfO per month; Plus administrative fees and Contingency Reserve
Fund Assessments.
RESOLUTION NO
RESOLUTION OF TTM, CITY COUNCIL OF THE CITY
OF BI.JRLINGAME FD(NG THE EMPLOYER'S CONTRIBUTION UNDER TIIE
PUBLIC EMPLOYEES'MEDICAL AND HOSPITAL CARE ACT
MAYOR
I, ANN MUSSO, City Clerk ofthe City of Burlingame, do hereby certifr that the
foregorng resolution was intioduced at a regular meeting-of the City Council held on
AYES: COI.JNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CITY CLBRK
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DArE: lsf.ay 2312002
FRoM: Bill Reilty, Fire Chief
SUBJECT: APPROVAL TO TRAVEL OUT OF STATE
SUBMITTED
By Bilt Reilly, Fire Chief *l*r'
AGENDA
ITEM #
MTG.
DATE L0l2Ll02
8j
APPROVED
BY
RECOMMENDATION:
Approve out-of-state travel for members of the Burlingame Fire Department Apparatus Committee.
BACKGROUND:
Ron Houle, Bruce Barron, and Don Chesney will be traveling to Pierce Fire Apparatus in Appleton,
Wisconsin on October 29,30 & 31 to approve engineering drawings of the new fire apparatus.
Ken Musso and Dave Musso will be traveling to Pierce Fire Apparatus in Appleton, Wisconsin onNovember
13 &.14 to to accept the new apparatus.
BUDGET IMPACT:
None. The cost of these trips have already been factored into the cost of the new apparatus.
ATTA
None
/
EONORABLE UAYOR AND CITY COTINCIL:
PLEASE SET APPEAL EEARING FOR
NOVEMBER 4, 2OO2 COUNCIL UEETTNG
REGARDING 1336 CARLOS AVENM. THANK YOU.
At{N I,IUSSO, CrTY CLERK
tq. u
October 17,2002
To:
From:
Re:
Thank you,
City of Burlingame
Christi & Eric Johnson
1336 Carlos Ave
we would like to appeal the decision made regardin g 1336
carlos Ave at the october 15tr planning commission
meeting.
Z-'-.'V
w\-
BT]RLINGAME BEAUTMICATION COMMISSION
ocToBER 3. 2002
The regularly scheduled meeting ofthe Beautffication Commission was called to order at 5:30 p.m.
by Chairperson McGowan.
ROLL CALLPresent. Chairperson McGowarq Carney, Ellis, Hesselgren, Lauder, Locke. and WebbStaff: Superintendent Richmond, Arborist Porter. and Administrative Secretary HarveyGuest: Larry Morsello, 1353 Bernal Avenue
MINUTES - The minutes of the September 5,2002 meeting were approved as submitted.
CORRESPONDENCE
Letter to Silva DaKessian, 813 Paloma. informing her that the Commission unanimously denied the
Appeal of the Decision to Remove a Two Black Acacias and One Palm Tree in the back yard of her
address.
Copies of letter to Silva DaKessian, 813 Paloma, regarding the Appeal of the Decision to Remove
a Two Black Acacias and One Palm Tree sent to the appellants of 800, 804, 809, and 812 Fairfield
Road
Email from Deborah Magid, 1104 Cortez, clarifying that she is only appealing the removal of the
established Black Acacia trees at 1108 Coftez Avenue, and that she was also inquiring about the
process for private tree removal in the City of Burlingame.
Letter from City Manager's office informing Commissioners Hesselgren and Webb that their
appointments to the Beautification Commission will be expiring and informing them of the process
for reappointment if they wished to continue serving on the Commission.
Commissioner Application from Commissioner Webb seeking reappointment on the Beautification
Comrnission.
FROM THE FLOOR
There were no comments from the floor
OLD BUSINESS
Anpeal of the Approval to Remove Two Black Acacia Trees and One Palm Tree @, 1353 Bernal
Avenue - Arborist Porter reported that his decision to approve the removal oftwo Black Acacia trees
and one Palm trees was based on the fact that the Black Acacia trees were leaning and causing
significant property damage; the Palm tree is growing under primary electrical lines (eventually
needing to be "topped") and is within the footprint of a proposed project.
The Commission discussed the Palm tree and it's proximity to the primary electrical lines and the
possibilities of transplanting and ortrimming the Palm tree. Arborist Porter responded that in order
to stay l0' clear of the primary electrical line the tree would need to be trimmed back so hard and
often that damage to the tree would most likely occur and reiocating the tree would be costly.
n
OLD BUSINESS - Appeal of the Approval to Remove Two Black Acacia Trees and One Palm
Tree @ 1353 Bernal Avenue - (Contd) -
There being no further comment, Chairperson McGowan recognized applicant, Mr. Larry Morsello
owner of property at 1353 Bernal Avenue.
Mr. Morsello stated that they are in the process of building a new home and are required to obtain
a permit from the City for the private tree removals. He noted that the Palm tree is within the
footprint of the new proposed garage and the Black Acacia trees are within the proposed driveway.
Mr" Morsello indicated that the arborist report submitted by Mayne Tree Expert Company, (which
concurs with the City's Arborist report) suggested a Palm Broker be contacted for relocation ofthe
Palm tree. However, none of the Palm Brokers he contacted returned his calls. In addition, he
showed the Commission the P.G.&E. Safety Guidelines which states that trees are not to be within
10' of primary electrical lines and added that this tree is within that distance.
Chairperson McGowan stated that he would be in favor of the removal of the three trees noting that
the the Black Acacia trees are in poor condition; the location of the Palm tree would make
transplanting difficult and it is in also close proximity to the primary electrical lines, (winds could
blow the fronds into the lines). In addition, the Palm tree is within the footprint of the proposed
project.
Following a brief discussion, Commissioner Locke moved to denv the apneal because the Black.
Acacia trees are in poor condition and thut the Palm tree is within the fooq,rint of the orooose4
garaee and incompatible with the hish voltaee power lines: seconded (Lauderl. Motion carried
ununimously.
Superintendent Richmond advised the applicant that the permit would be issued ifthe Commission's
deeision was not appealed to the City Council within l0 days.
Sprins Garden Seminar/Saturday - March 15.2003 - Prosram Plannine
Chairperson McGowan stated that he had contacted Matt Leddy, Director of the Horticultural
Department at the College of San Mateo. He tentatively agreed to speak on "Color in the Garden".
Commissioner Locke stated that she spoke with Sue Carder of the San Mateo Arboretum Society.
Ms. Carder indicated that the society has various speakers and topics available for presentations.
Commissioner Carney added that acomposting class offered by Jaqueline Rosine, or a "Worm Gold"
presentation by Carol Eddington, could also be considered orthat an "Integrated Pest Management"
progra. offered by Alane L. O'Reilly-Weber from the San Mateo County Master Composting
Program might be of interest in the future.
Following a brief discussion, the Commission asked Chairperson McGowan to confirm with Mr.
Leddy his availability for the 2003 Spring Garden Seminar. When conJirmed, Secretary Harvey will
submit information for publicity into the Spring Recreation brochure.
NEW BUSINESS
None.
2
REPORTS
Richmond -
1) Two large Elms on Primrose Road and five on Chula Vista Avenue have been removed due to
Dutch Elm disease. Commissioner Lauder asked what specie has been consider for replacement.
Arborist Porter responded that the Celtis sinensis (Chinese Hackberry) is being used for many of
the Elm removals in the City because they are fast growing and similar in structure and size.
2) The landscape project at the Police Department has been completed.
3) Departments from the City ofBurlingame willbe sponsoring an Open House for residents ofthe
City on Saturday, October 56 at the California Drive Fire Department. Various departments
will have booths with information related to their field of work.
4) The Eagle Scout project of updating the Trees of Burlingame booklet turned out to be too
aggressive; instead, the Trees of Washington Park map will be updated. Parks Supervisor, Bob
Disco, will be working on the project with the Eagle Scout.
Porter - Arborist Porter reported that the Rector Cadillac project plans are currently not available;
the Planning Department has sent them to be microfiched and that has not yet been completed.
Arborist Porter will pursue and report back to the Commission when the plans become available.
Commissioner Locke noted that the lone Redwood tree on the Rollins Road side of the project has
been planted too close to the building, and suspects that someday permission to remove will be
requested. Arborist Porter stated he would inspect the Redwood tree and report back.
Arborist Porter reported that the dead trees in the Oleander on the eastside of the railroad tracks at
Burlingame Avenue will be scheduled for removal and will not be replaced due to the existing
landscaping and trees in the area; and that, the street sign at Francisco Drive has been cleared oftree
branches.
Locke - Commissioner Locke reported that on the eastside ofEl Camino Real (between Murchison
and Trousdale) the pyracantha had been removed (exposing the unattractive fencing) and new ground
cover had been planted. She asked if anything would be planted in place of the pyracantha.
Superintendent Richmond responded that the code enforcement officer had received complaints with
regard to traffic view hazards and debris accumulation. The plant material will not be replaced
because there is no irrigation in the area but the area will be covered with wood chips.
Carney - Commissioner Carney reported that the Broadway/lOl Triangle looked cleaner.
Commissioner Lauder commented that there had been some recent improvements. Commissioner
Locke responded that watering wells were dug around the oleanders. She added that she and
Commissioner Lauder are still proceeding with CalTrans on the Adopt-A-Highway program and
Commissioner Lauder stated she recently submitted the application to CalTrans.
Ellis - Commissioner Ellis reported that the soundwall on Rollins Road has an accumulation oftrash;
and that, one of four pear trees has died on the North side ofBayswater Avenue at California Drive.
Cornmissioner Ellis reported that she participated in the shoreline cleanup and was encouraged that
more peopie participated this year than did last year.
3
REPORTS - (Contd) -
McGowan - Chairperson McGowan thanked Commissioner Locke for serving two years as
Commission Chairperson; that she kept everything moving. Chairperson McGowan noted that he is
honored to serve as Chair and thanked the Commission for their votes.
Chairperson McGowan reported that the Bayfront Advisory Committee had its first meeting. The
Committee consists of representatives from the Planning Department, the Traffic, Safety & Parking
Commission, the Beautification Commission, the Broadway Merchants Association, the Chamber of
Commerce, the Hotel industry, and Real Estate Agents. Chairperson McGowan noted that currently.
everything is still on the table for discussion. The next meeting will be to review the City's policy to
date with regard the the bayfront area and to begin to explore possibilities; it is the hope of the
committee to be ready with a proposal to submit to the City Council by May of 2003. The public will
be invited to a community workshop scheduled for Tuesday, October 22"d.
Commissioner Webb commented that this is an opportunity for the Beautification Commission to
have input as to the ratio of trees and the ratio of parkland in the bay front area that will then be
incorporated into the zoning for the area. He stated that the Beautification Commission could funnel
information to Chairperson McGowan that would be brought to the Bayfront Advisory Committee.
Webb- Commissioner Webb noted that, in particular. the Commission could focus their efforts on
the area South of Kincaids Restaurant; that this land, being under the jurisdiction of State Lands
Commission, could become a Waterfront Park for wind surfing and water play. Commissioner Webb
then asked that this item be placed on the November 7ft agenda for further discussion.
After a brief discussion, the Commission agreed to place this item on the November 7ft agenda.
Commissioner Webb will provide the Commission with background information for the development
of a "Burlingame Waterfront Park" before the distribution ofthe November agenda. He encouraged
the commissioners to visit the bay front area before the November meeting.
There being no further business, Chairperson McGowan adjourned the meeting at 6:40 p.m.
Respectfully submitted,
Recording Secretary
4
CITY OF BURLINGAME PLANNING COMMISSION T'NAPPROVED MINUTES
501 Primrose Road, Burlingame, CA
Tuesday October 15, 2002
7:00 P.M.
Council Chambers
I. CALL TO ORDER Chair Keighran called the October I 5, 2002,regular meeting of the Planning
Commission to order at 7:05 p.m.
II. ROLL CALL Present: Commissioners Auran, Boju6s, Brownrigg, Keighran, Keele, and
Vistica
Absent: Commissioner: Osterling
Staff Present: City Planner, Margaret Monroe; Planner, Catherine Barber;
City Attorney,Larry Anderson; City Engineer, Phil Monaghan
III. MINUTES Chair Keighran asked if there were any changes to the unapproved minutes.
of the September 23,2002 meeting: Commissioner noted changes to Item 4,
1537 Drake Avenue: page 6 Vice Chair Bojuis calledfor the voice not Chair
Keighran. Minutes were approved as amended.
APPROVAL OF AGENDA There were no changes to the agenda.
FROM THE FLOOR There were no public comments.
STUDY ITEMS
1562 CYPRESS AVENUE - ZONED R.l _ APPLICATION FOR CONDITIONAL USE PERMITS FOR
REPLACEMENT OF AN EXISTING STORAGE SHED WITH A NEW DETACHED PATIO
SHELTER/LANAI (LLLIAN VASEY, APPLICANT AND PROPERTY OWNER; SERGIO
GALDAMEZ. DESIGNER) PLANNER: RUBEN HURIN
CP Monroe presented a summary of the staff report.
Commissioners asked:
o Will the patio shelter still used for storage;
o How does this structure differ from a carport, it appears to be right offdriveway; ando Could applicant make arrangements for Planning Commissioners to visit site.
There were no further comments and this item was set for the regular action calendar when all the
information has been submitted and reviewed by the Planning Departrnent. This item concluded at 7:10
p.m-
rv.
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
1655 SEBASTIAI\ DRIVE _ ZONED R.l _ APPLICATION FOR CONDITIONAL USE PERMIT
AMENDMENT, HILLSIDE AREA CONSTRUCTION PERMIT AND SPECIAL PERMIT FOR HEIGHT
FOR RENOVATION OF AN EXISTING SYNAGOGUE AND TEMPORARY PERMIT FOR MODULAR
BUILDINGS DURING CONSTRUCTION (MITCH REITMAN, PENINSULA TEMPLE SHOLOM,
APPLICANT AND PROPERTY OWNER; ALEX SEEFELDT, HERMAN & COLIVER
ARCHITECTURE. ARCHITECT) PLANNER:HURIN
CP Monroe presented a summary of the staff report.
Commissioners asked:
o Staff report states that this project will have no impact on the parking, however the access route to
the temporary buildings appears to encroach onto existing parking area, please clariff; and
o Provide an estimate in terms of dates for how long the temporary buildings will be needed.
There were no further comments and Chair Keighran set this item for the regular action calendar when all
the information has been submitted and reviewed by the Planning Department. This item concludedatT:|S
p.m.
VII. ACTION ITEMS
Consent Calendar - Items on the consent calendar are considered to be routine. They are acted on
simultaneously unless separate discusston and/or action is requested by the applicant, a member of the
public or a commisstoner prior to the time the commission votes on the motion to adopt.
Chair Keighran asked if anyone in the audience or on the Commission wished to call any item off the
consent calendar. There were no requests.
3A. 121 CRESCENT AVENUE - ZONED R.l _ APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A LOWER FLOOR, FIRST AND SECOND
STORY ADDITION (JOE AND LISA LARRATT, APPLICANT AND PROPERTY OWNERS; ANA
BALAREZO, INGLESE ARCHITECTURE, ARCHITECT) (52 NOTICED)JROJECT PLANNER:
CATHERINE ,ON
38. 1751 ESCALANTE WAY - ZONED R-l _ APPLICATION FOR DESIGN REVIEW AND HILLSIDE
AREA CONSTRUCTION PERMIT FOR A SECOND STORY ADDITION (MARCH DESIGN,
APPLICANT AND ARCHITECT; MIMI W. SIEN, PROPERTY OWNER) (30 NOTICED) PROJECT
PLANNER:RUBEN HURIN
C. Auran moved approval of the consent calendar based on the facts in the staff report, commissioners
comments and the findings in the staffreports with recommended conditions in the staff reports and each by
resolution. The motion was seconded by C. Boju6s. Chair Keighran called for a voice vote on the motion to
approve and it passed 6-0-1 (C. Osterling absent). Appeal procedures were advised. This item concluded at
7:18 p.m.
V[I. REGULAR ACTION ITEM
1320 CORTEZ AVENUE _ ZONED R.l _ APPLICATION FOR DESIGN REVIEW FOR A NEW TWO-
STORY SINGLE FAMILY DWELLING AND DETAC}IED GARAGE (CON BROSNAN, APPLICANT
2
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City of Burlingame Planning Commission Unapproved Minutes October 15, 2002
AND PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., [NC., DESIGNER) (37 NOTICED)
PROJECT PLANNER:iREN HIIRIN
Reference staff report October 15,2002, with attachments. CP Monroe presented the report, reviewed
criteria and Staff comments. Fourteen conditions were suggested for consideration. CP Monroe noted that
condition number 2 requires an arborist's report showing how the spruce tree at the front ofthe lot would be
protected during demolition and construction. The applicant submitted an arborist's report today dated
October 2,2002. Condition number 2 should be revised to reference this report. Commission asked if we
could require a specific frequency of inspections by an arborist during construction. CP Monroe noted that
this could be added to the conditions.
Chair Keighran opened the public hearing. James Chu, project designer, and Con Brosnan, properly owner,
were present. They noted that they made the changes requested at design review, except instead of lowering
the plate height from 9 feet to 8 feet, they lowered it from 9 feet to 8'-6" and lowered the top of the roof 6".
Commission asked what is fire free slate? Mr. Chu noted that it is fake slate made of concrete. Commission
asked if the chop-ped ridge creates a problem with leaks anLasked the applicant to provide Commission with
address of properties where this type of roof has been constructed, since this roof style is becoming more
common. Applicant explained that it is not a problem if roof drains are installed along with Ye" per foot
slope. Commission asked landscape architect to give analysis of tree resistance during construction.
Michael Callan, landscape architect, stated that the arborist's report calls for fencing 8 feet around the trunk,
and he felt that this was sufficient tree protection. Commissioner noted drafting error on site plan, adjacent
house is shown on the subject propefry, please correct for building permit submittal. There were no further
comments and the public hearing was closed.
C. Vistica moved to approve the application, by resolution, with the following conditions, as amended by
the City Planner, with the frequency of arborist inspections required in condition number 2tobe determined
by the City Arborist :1) that the project shall be built as shown on the plans submitted to the Planning
Department date stamped October I ,2002, sheets A. I - A..6 and L- 1 , and that any changes to the footprint
or floor area of the building shall require an amendment to this permit;2) that the arborist's report, dated
October 2, 2002,showing how the spruce tree at the front of the lot shall be protected and maintained during
demolition and construction shall be submitted by the applicant at time of building permit submittal; the
arborist's report shall be approved by the City Arborist before a building permit is issued and the applicant
shall be required to have a licensed arborist inspect the site for compliance wit the plans after demolition of
the existing house, at the beginning of the construction of the new house, and prior to the final inspection;
following each inspection the licensed arborist shall submit a written report to the City Arborist; 3) that any
changes to the size or envelope of the first or second floors, or garage, which would include adding or
enlarging a dormer(s), moving or changing windows and architectural features or changing the roofheight
or pitch, shall be subject to Planning Commission review; 3) 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; ifthere is
no licensed professional involved in the project, the property owner or contractor shall provide the
certification under penalty ofpe{ury; 4) that prior to final inspection, Planning Department staffwill 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; 5) that all air ducts, plumbing vents,
and flues shall be combined, where possible, to a single termination and installed on the portions of the roof
not visible from the street; and that these venting details shall be included and approved in the construction
plans before a Building permit is issued; 6) that the conditions of the City Engineer's, Fire Marshal's, and
Recycling Specialist's August 26, 20A2, memos shall be met; 7) that the applicant shall comply with
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 8)
that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners and
set the building envelope; 9) that prior to underfloor frame inspection the surveyor shall certit/ the first floor
elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 10) that
during demolition of the existing residence, site preparation and construction of the new residence, the
applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water
Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; I l) that demolition of the
existing structures and any grading or earth moving on the site shall be required to comply with all the
regulations of the Bay Area Air Quality Management District; 12) that prior to scheduling the roof deck
inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that
height; and 13) that the project shall meet all the requirements of the California Building Code and
California Fire Code, 1998 edition, as amended by the City of Burlingame. The motion was seconded by C.
Auran.
Discussion on motion: good job on design; addressed issues expressed at Study; one ofthe betterproject on
Chair Keighran called for a voice vote on the motion to approve. The motion passed on a voice vote 6-0-l
(C. Osterling). Appeal procedures were advised. This item concluded at 7:33 p.m.
5. 543 CORBITT DRIYE _ ZONED R-l _ APPLICATION FOR DESIGN REVIEW AMENDMENT FOR
A FIRST AND SECOND STORY ADDITION (ALFREDO REYES/STEWART ASSOCIATES,
APPLICANT AND DESIGNER; DANIEL & LAURA BERTERRETCHE, PROPERTY OWNERS)
(56 NOTICED) PROJECT PLANNER: SEAN
Reference staff report October l5,2002,with attachments. CP Monroe presentedthe staffreport, reviewed
criteria and Staff comments. Eight conditions were suggested for consideration. There were no questions
from the Commission.
Chair Keighran opened the public hearing. Dan Berterretche, property owner was present to answer any
questions. Explained that his family was planning on living in the front portion of the house during
construction, but to add tile roof would requife upgrades to the structure at the front of the house to support
the tile roof. Can not live in the house during construction and could not afford to relocated during
construction, that is why they are changing roofmaterial from tile to cedar shake. Architect looked at style
of house when roof material changed, and eliminated curved windows to go with style change. Also looked
at option ofputting on different types of tile, lighter weight, roof framing is such that sfructural upgrades to
the house still would be required including tearing up walls to add posts, which would require relocation.
Commission had the following comments and concerns:
o Roofplays a major part in the design of a house, tile roof fits style ofhouse better than cedar shakes;
. Changing roof material changes Mediterranean style of the building, how much thought was put
into revising architectural style to address roof change;
o Prefer original design over revised design, it integrated well into the existing house style;
o New bay window should pick-up the detailing of the bay windows at the front; and
o Transom at the rear should be rounded to soften the appearance.
There were no further comments and the public hearing was closed.
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City of Burlingame Planning Commission Unapproved Minutes October 15, 2002
Commission discussion: really like project as originally approved, but understand applicant's position;
disagree with other commissioners, good design, change in exterior materials doesn't change much, support
project; need to be practical, applicant explored all options to make tile roof work, shake roof will work
aesthetically.
C. Vistica moved to continue this item to action calendar when the following changes have been revised and
submitted:
. Revise transom window at rear to round;
. Add detailing to the bay window to match the existing bay window; and
o Evaluate the integration of the shake roof with the overall design of the house.
The motion was seconded by C. Brownrigg.
Chair Keighran called for a voice vote on the motion to continue this item to action when the requested
revisions have been submitted to the Planning Department. The motion passed on a 6-0-l (C. Osterling
absent). Appeal procedures were advised. This item concluded at 7:55 p.m.
1336 CARLOS AVENUE _ ZONED R.l _ APPLICATION FOR DESIGN REVIEW, SIDE SETBACK
AND FLOOR AREA RATIO VARIANCES, AND SPECIAL PERMITS FOR DECLINING HEIGHT
ENVELOPE AND HEIGHT FOR A FIRST AND SECOND STORY ADDITION (ERIC JOHNSON,
APPLICANT; DAVE SIEGERT, DESIGNER; RALPH JOHNSON, PROPERry OWNER) (63 NOTICED)
PROJECT ERIKA LEWIT
Reference staff report October l5,2002,with attachments. Planner Barber presented the report, reviewed
criteria and Planning Department comments. Eight conditions were suggested for consideration.
Commission noted that the table shows no change to the height, where the staff report calls out a t 33'-3"
height. Planner Barber confirmed height requested is 33'-3", table is not correct.
Chair Keighran opened the public hearing. Eric and Christy Johnson, property owner, was present to answer
questions. He has lived at this property for several years. Living room ceiling is over t2 feet in height
which penalizes them 205 SF toward floor area. If he constructs ceiling in living room would get additional
205 SF, but would like to keep house in otiginal state. Garage is currently attachedbut setback qui_te a ways
from front property line and appears detached. Ifhe detaches the garagehe gets 400 SF more floor area. All
the houses in the area have more floor area than what he will be building. Existing house is only 2 bedrooms
and I bathroom, family needs more living space. There were no further comments and the public hearing
was closed.
The Planning Commission had the following comments and concerns with the project:
o Concerned with floor area, many houses with attached garages and high ceiling follow the
regulations;
o FAR variance is excessive, see no hardship on the property;
o Character of the house is changing by adding two times the floor area, massive addition at the rear
of a historical home, scale back plans;
o There are large rooms proposed in this house that can be reduced to bring down overall floor area;
and
o Plans are greatly improved, matches existing house, but 496 SF variance is too large, need to
reduce.
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
Commission discussion: disagrees with fellow Commissioner, project is greatly improved, especially north
elevation, rolled edges on new roofis an improvement; agree with design review recommendation, garage is
setback far enough, detaching it will take away original design and character and affect historical value of
house, will also occupy the limited green space at rear; ifproject denied new application may come forward
for demolition of this structure; dramatic improvement over previous, preserves historical quality of this
home.
C. Brownrigg moved to approve the application for the reasons stated in the discussion, by resolution, with
the conditions in the staff report. The motion was seconded by C. Keele.
Chair Keighran called for a roll call vote on the motion to approve. The motion failed on a2-4-l (Cers.
Auran, Boju6s, Vistica, Keighran dissenting, C. Osterling absent) roll call.
Further Commission discussion: can maintain design without being so big; many houses have similar
limitations but adhere to floor area limits; historical quality of existing house is not a hardship, no special
circumstances; looks like addition to historic home; no hardship to justiff such a large floor area ratio
variance; adding a ceiling iii ttre living room is ridiculous; do not want to dictate where applicant takes off
floor area, that is up to the applicant; can reduce plate heights on addition to reduce bulk of this house;
setting precedent for other houses .
C. Auran moved to deny the application without prejudice. The motion was seconded by C. Visitica.
Chair Keighran called for a roll call vote on the motion to deny without prejudice. The motion passed on a
4-2-l (Cers. Brownrigg, Keele disseriting, C. Ostering absent). Appeal procedures were advised. This item
concluded at 8:30 p.m.
2115 HALE DRIVE _ ZONED R.l - APPLICATION FOR DESIGN REVIEW AMENDMENT FOR A
NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (RICHARD
HARBER, APPLICANT AND PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR. INC,
DESIGNER) (68 PROJECT PLANNER: RUBEN HURIN
Refeieniestaff report October ls,2\Oz,with attachments. Planner Barber presented the report, reviewed
criteria and Planning Department comments. Nine conditions were suggested for consideration.
Chair Keighran opened the public hearing. Richard Harber, property owner, explained that sinking the house
is a problem because it can not be built as designed, this was not discovered until the project was submitted
to the Building Departrnent. Commission asked why applicant is changing slate roofing material. Applicant
stated that he never wanted slate roof, was a misunderstanding with the architect. There are only 2 slate
roofed houses in a 4 block area of this house, most homes have composition shingles. Commission asked
why wasn't the house designed with the finished floor 2 feet above grade if this is a flat lot, why are there
tall plate heights. Applicant stated that he requested 8'4" plate heights, but there was an error by the
architect in his design. Applicant noted that he has come forward with these changes in good faith and is not
requesting any variances or exceptions on his property. There were no further comments and the public
hearing was closed.
Chair Keighran moved to approve the application for the reasons stated, by resolution, with the following
conditions: l) that the project shall be built as shown on the plans submitted to the Planning Department
date stamped October l,z}Oz,sheets A.l through ,{.6 and L-l (proposed plans), which show revisions from
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
the previously approved plans with the finished floor at 7 6'-7" ,the first floor plate height reduced from 9'-0"
to 8'-5", and composition shingle roofing; 2)thatany changes to the size or envelope ofthe first or second
floors, which would include expanding the footprint or floor area of the strucfure, replacing or relocating a
window (s), adding a dormer (s) or changing the roof height or pitch, shall be subject to design review; 3)
that the conditions of the City Engineer, Fire Marshal, and Chief Building Offrcial's memos dated July l,
2002 andthe Recycling Specialist's memo dated June 27 ,2002 shall be met; 4) that prior to scheduling the
foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 5) that
prior to under floor frame inspection the surveyor shall certify the first floor elevation ofthe new structure(s)
and the various surveys shall be accepted by the City Engineer; 6) that prior to scheduling the roof deck
inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that
height; 7) thatprior 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 ofperjury; 8) that prior
to final inspection, Planning Department staff will inspect and note compliance of the architectural details
(trim materials, window type, etc) to veri$z that the project has been built accordingjjg the approved
Planriing and Building plans; and 9) that the project shall meet all the requirements bT the California
Building and Fire Codes, 1998 edition, as amended by the Cify of Burlingame. The motion was seconded
by C. Boju6s.
Discussion on the motion: there are ways to building underground with a sunken finished floor, but in this
case applicant has raised the building but has come back with lowered plate heights and same overall height
as approved; materials to be used are similar to those used on applicant's house on Columbus, quality
materials that look nice, design is still in tact with changes; appreciate applicant coming to Commission
before starting construction, but it is unsettling that original project could not be built, the change creates
additional mass on a small lot, not able to put landscaping on the sides, there are ways to cut mass offofthe
project.
8.
Chair Keighran called for a roll call vote on the motion to approve. The motion passed on a 4-l-l-1 (C.
Vistica dissenting, C. Brownrigg abstaining, C. Osterling absent) roll call. Appeal procedures were advised.
This item concluded at 8:51 p.m.
tt-
750 WALNUT AVENUE _ ZONED R-l _ APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR A NEW TWO-STORY SINGLE FAMILY DWELLING WITH AN ATTACHED GARAGE
(ASI CONSULTING ENGINEERS, APPLICANT AND DESIGNER; FITALI RUSLI AND JAJE DU,
PROPERTY OWNERS) (75 NOTICED) PROJECT PLANNER: SEAN O'ROURKE
Reference staff report October 15,2002, with attachments. Planner Barber presented the report, reviewed
criteria and Planning Department comments. Eleven conditions were suggested for consideration. There
were no questions of Staff by the Commission.
Chair Keighran opened the public hearing. Thomas Woo, ASI Consulting Engineers, was available to
answer any questions. He thanked the Planning Commission for allowing project to come back. There were
no further comments and the public hearing was closed.
C. Vistica noted that this is an older project which has had a lot of work done to it since it was originally
reviewed, although it is a large house, it is on a very large lot and has complied with the intent of the design
guidelines and moved to approve the application, by resolution, with the following conditions: l) that the
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
project shall be built as shown on the plans submitted to the Planning Department date stamped September
25,2002, sheets Al - A6 and L-1, including that all windows shall be divided light wood windows with
wood trim and that any changes to the footprint or floor area ofthe building shall require an amendment to
this permit; 2) that any changes to the size or envelope of the basement, 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 the conditions of the City
Engineer's and Recycling Specialist's Augustz0,z0Al,memos shall be met; 4) that the project shall comply
withthe Construction andDemolitionDebris Recycling Ordinancewhichrequires 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; 5) that prior to
scheduling the foundation inspection a licensed surveyor shall set the property corners, set the building
corners and certitr the first floor finished elevation of the new structure(s) and have the datum accepted by
the City Engineer; 6) that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the
height of the roof ridge and provide certification of that height; 7) 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; 8) that prior to final inspection, Planning Departrnent
staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to
verify that the project has been built according to the approved Planning and Building plans; 9) that the
owner is responsible for implementing and maintaining all tree protection measures detailed in the Arborist's
Report date stamped June 13,2002; 10) that this project shall comply with Ordinance No. 1477, Exterior
Illumination Ordinance 9; and that no exterior light fixture shall produce a cone of light that extends beyond
the property boundaries; and 1l) that the project shall meet all the requirements ofthe California Building
Code and California Fire Code, 1998 edition, as amended by the City of Burlingame. The motion was
seconded by C. Brownrigg.
Comment on motion: applicant addressed a lot ofthe Commission's concerns;project has improved; this is
alarge house but it is on a large lot that accommodate the size.
Chair Keighran called for a voice vote on the motion to approve. The motion passed on a 6-0-1 (C.
Osterling absent) voice vote. Appeal procedures were advised. This item concludediat 8:57 p.m.
9.1405 EL CAMINO REAL _ ZONED R-4 - APPLICATION FOR AN AMENDMENT TO AN
APPROVED CONDOMINIUM PERMIT, NEW LANDSCAPE PLAN (ROMAN KNOP, APPLICANT
AND PROPERTY OWNER; MICHAEL CALLAN, LANDSCAPE ARCHITECT) (65 NOTICED)
PROJECT PLANNER:HURIN
Reference staff report October 15, 2002, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments. Twenty-six conditions were suggested for consideration. Commissioners asked
can the parking variance be reviewed; staff noted that it could because with an amendment the entire permit
is reopened. On a project on Cabrillo, the city required a special inspector to insure that planning approvals
were incorporated, can we do the same here for landscaping? Staffnoted that the Commission could require
the applicant to have a licensed landscape architect review the site forplan compliance regularly and submit
written reports to the city. There were no further questions from the commission.
Chair Keighran opened the public hearing. Michael Callan, landscaper, Frank Gonzales, 951 Old County
Road, Belmont, architect, and Roman Knop, property owner, represented the project. They noted that they
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City of Burlingame Planning Commission (Jnapproved Minutes October l,5, 2A02
were agreeable to alternating the tree species and creating a 3 foot deep by 4 foot wide trench filled with top
soil for planting after reducing the gade in the side yard 3.5 feet. Commissioners asked about the effect at
the front and rear of the lot caused by reducing the grade in the side yard, applicant noted they would use
retaining walls. Noted neighbor wished to keep 3.5 feet so that the smaller trees installed would be higher
relative to their building. Applicant noted as proposed the retaining wall and garage wall create a planter
box and would not allow a lot of root growth which might impact retaining wall. How much time will it
take to add three feet to these trees; about one halfto two years. Applicant noted that adding a trench filled
with top soil after grading made sense. Can the trees at the rear away from the corner of the building be
retained. Applicant noted that once these trees are reduced in height, so that they can be kept, they will not
be much of a screen. Can trees bigger than 36 inch box be planted? Applicant noted that the area is nalrow,
for trees to establish the hole should be two times the size of the root ball, if put in 48 inch box there would
be no room for soil or fertilizer, such trees would adapt to their new environment less readily than a smaller
tree according to Sunset Magazine. What impact would lowering the grade have on the front and rear yard?
The architect noted the greatest impact would be on the side yard but the front and rear would have to be
adjusted for the lower grade on the side. Could the building be dropped one foot ,would reduce the visual
mass from tlrg street when side yard is graded? Yes, but it would increase the slope on the driveway which is
presently 13%. Staff noted that driveway slope could increase to l5Yo without review, after that Public
Works is involved, and at 20& + the request must be reviewed by the Planning Commission.
Gary Hunt, l4ll El Camino Real property owner; Jack Saphra, also property owner at 1411 El Camino
Real. Opposed to changing the gmde, would like existing trees to be retained and side yard planted with
Silver Dollar Eucallptus, to replace the vegetative screen as soon as possible; proposed species would take
l5 to 20 years to reach the height of the trees removed; the utilities should be moved to the other side of the
building ; damage done to the retaining wall from tree removal should be repaired along with the fence,
want dust controlled during construction. Showed picture of sundeck on third floor, only one third of the
vegetative screen for this area remains, need to keep; if not reduce grade in side yard the trees will have a 5
foot start on their height; of all trees mentioned the Silver Dollar Eucalyptus is the fastest growing. Would
like to have back same vegetative screen that was there before, do not want alternating species. Loss of
trees will affect the rents which can be charged, Silver Dollar at existing grade adding 5 feet to 10 foot
height at planting will screen first and second floor apartments.
Roman Knop, property owner, 1405 El Camino. We would like screen for their foftrre residents as well;
neighbor complained before about root damage to their driveway, can be addressed by lowering grade; the
property line fence was unsound before any work was done on the site; cannot move building one foot over
because parking will not work; applicant has provided no trees for screening on their site, want all screen to
be provided on his site; if keep existing grade, will need to replace retaining wall which will cause them to
have to cut the roots of the remaining trees on this side of the property; no problem with selection of trees,
even Silver Dollar Eucalyptus; want to continue construction or not build at all. Commissioner asked if
there was enough room for Silver Dollar Eucalyptus; landscaper responded sufficient light, rooting may be a
problem to the driveway next door. Would grading affect rear area? Architect responded he is opposed to
keeping the trees at the rear given their condition, not opposed to Silver Dollar Eucalyptus being planted
there, ifkeep existing trees would need to keep retaining wall. Commission asked about the survival of the
trees at the rear of the building. There were no further comments from the floor and the public hearing was
closed.
C. Brownrigg moved by resolution to approve the revised plan with a 3.5 foot reduction in grade along the
north property line, replacing the same number of trees as existed in the side yard with Silver Dollar
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
Eucalyptus, and with the conditions in the staff report except condition 7 which should be deleted. The
motion was seconded by C. Auran.
Comment on the motion: condition seven addressing the retaining wall should be deleted because this is a
matter between private property owners; concerned about the Silver Dollar Eucalyptus , want applicant to
work with the City Arborist, do not want trees planted that will die, but do want something that will grow as
fast as possible. CA Anderson pointed out that once the neighbors agree on a species and the trees are
planted, the city has no responsibility. Can the City Arborist inspect the site during construction. CA noted
can require the applicant to engage a licensed landscape architect to provide regular inspections based on a
schedule determined by the City Arborist and submit wriuen reports. Why inspect, he is going to remove all
the existing and replant the screen. It needs to be installed correctly, so inspection during construction is
important. CA noted that the applicant's arborist could certiff that the installation was done according to
the specifications. CA noted that no grading plan for the site was submitted to the Planning Commission, a
grading permit should be required and be approved by the Building Department before a Building Permit is
issued.
C. Brownrigg, maker of the motion and C. Auran second ofthe motion agreed to amending the motion with
four conditions: that the applicant be required to hire a arborist to inspect the grading, soil preparation and
installation of the trees based on a schedule approved by the City Arborist and to provide written reports to
the City Arborist following each inspection,; that at the conclusion of the project, before final inspection is
scheduled, the applicant's arborist shall certiff that the vegetative screen, with irrigation, along the north
property line was installed as shown on the plans; that before issuance of a Building Permit the applicant
shall prepare a grading plan and have it approved by the Building Department and City Arborist; and that
the tree replacement along the side property line shall be Silver Dollar Eucalyptus replaced one for one for
trees removed and that the City Arborist shall review and determine if a permit should be issued based on
their condition for the removal of the trees at the rear of the site and the approved landscape plan should be
implemented for the rear of the site.
Chair Keighran called for a voice vote on the amended motion to approve the project with the following
amended conditions:l)that the project shall be built as shown on the plans submitted to the Planning
Department date stamped December 21,2000, sheets A-1 and A-2, and Tentative Parcel Map sheet I of I
(date stamped December l, 2000); 2) that the appliuant be required to hire a arborist to inspect the grading,
soil preparation and installation of the trees based on a schedule approved by the City Arborist and shall
provide written reports to the City Arborist following each inspection,; 3) that, at the conclusion of the
project, before final inspection is scheduled, the applicant's arborist shall certify that the vegetative screen
with irrigation along the north property line was installed as shown on the plans; 4) that before issuance of a
Building Permit the applicant shall prepare a grading plan and have it approved by the Building Department
and City Arborist; 5) that the tree replacement along the side property line shall be Silver Dollar Eucalyptus
replaced one for one for trees removed and that the City Arborist shall review and determine if a permit
should be issued for the removal of the trees at the rear of the site and that the approved landscape plan shall
be implemented for the rear of the site;6) that the landscaping and irrigation system shall be installed as
shown on the Landscape Plan (sheet L- 1), date stamped September 27 ,2002, and shall include a one for one
replacement of 36-inch box size trees of the Silver Dollar Eucalyptus variety; prior to installing these trees,
the applicant shall consult with the City Arborist and shall submit a revised Landscape Plan to the Building
Department for review and approval by the City Arborist before issuance of a building permit;7) that all
trees on-site shall be planted in a trench three feet deep by four feet wide filled with topsoil as approved by
the City Arborist and an irrigation system approved by the City Arborist shall be installed; the system shall
be inspected by the City Arborist prior to scheduling the final inspection of the project;S) that any new trees
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City of Burlingame Planning Commission Unapproved Minutes October 15, 2002
which do not survive shall be removed and replanted with the same container size; prior to installing a new
replacement tree the species shall be reviewed and approved by the City Arborist; 9) that the maintenance of
the inigation system and trees shall be the responsibility of the condominium owners at 1405 El Camino
Real and that this maintenance requirement shall be included in the Covenants, Codes and Restrictions for
each condominium unit; 10) that the only underground utilities allowed within the right side setback shall be
a six-inch drain line and a four-inch fire sprinkler supply main and that these utilities shall be installed so
that at least four feet is maintained for tree growth and to protect the integrity of the topsoil trench provided
for the trees in the graded side and rear yard areas;11) that if construction is done during the wet season
(October 15 through April 15), the developer shall immediately implement a winterization program to
minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil
erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed
soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle
access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials,
fuels and other chemicals;12) that construction access routes are limited in order to prevent the tracking of
dirt onto the public righfof-way, clean off-site paved areas and sidewalks using dry sweeping methods; 13)
that clearing, earth moving activities and the aJ'olication ofpesticides and fertilizers shall be performed only
during dry weather (April 15 through November 14) that no vehicles or equipment shall be cleaned, fueled
or maintained on-site, except in designed areas which runoff is contained and treated; 15) that all clearing
limits, easements, setbacks, sensitive or critical areas, buffer zones trees, and drainage courses are clearly
delineated with field markers or fencing and that adjacent properties and undisturbed areas are protected
from construction impacts with vegetative buffer strips, sediment barriers or filters, dikes or mulching;16)
that all construction materials and waste, including solid wastes, paints, concrete, petroleum products,
chemicals, wastewater or sediment, shall be stored, handled and disposed of properly to prevent the
discharge of all potential pollutants into stormwater;L7) that methods and procedures such as sediment
basins or traps, earthen dikes or berms, silt fences, straw bale dikes, check dams storm drain inlet protection
soil blanket or mats, and covers for soil stock piles to stabilize denuded areas shall be installed to maintain
temporary erosion controls and sediment eontrol continuously until permanent erosion controls have been
established;18) that off-site runoff shall be diverted around the construction site and all on-site runoff shall
be diverted around exposed construction areas; 19) that the conditions of the City Arborist's October I ,2002
memo, the City Engineer's October 7,2002, October 14,2000 and December 5, 2000 memos, the Fire
Marshal's September 30,2002 and June 26,2000 memos, and the Recycling Specialist's October 1,2002
memo shall be met;20) that lot coverage shali +qt exceed 50% of the lot area and any increase in the lot area
shall require an amendment to the Condominium Permit and Tentative Map and a variance from the
Planning Commission;2l) that the maximum elevation at the top of the roof ridge shall not exceed elevation
135.07 (35'-0" maximum building height) as measured from the average elevation at the top of the curb
along El Camino Real (100.07'), and that the top of each floor and final roof ridge shall be surveyed and
approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections.
Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final
height of the structure with roof shall not exceed the maximum height shown on the approved plans;22) that
one (1) guest parking stall (10'x 20') shall be designated and clearly marked at the rear of the site and
marked on the final map and plans, shall not be assigned to any unit or used for any kind of enclosure, but
shall be owned, maintained, and kept available for guest parking by the condominium association; 23) that
the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on
the sale of each unit;Z4) that the developer shall provide the initial purchaser of each unit and to the board
of directors of the condominium association, an owner purchaser manual which shall contain the name and
address of all contractors who performed work on the project, copies of all warranties or guarantees of
appliances and fixtures and the estimated life expectancy of all depreciable componentparts ofthe property,
including but not limited to the roof, painting, common area carpets, drapes and furniture;25) that the
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City of Burlingame Planning Commission Unapproved Minutes Oaober 15,2002
minimum garage door width for each unit shall be l6'-0", that the parking garages shall be designed to city
standards and shall be managed and maintained by the condominium association to provide parking at no
additional fee, solely for the condominium owners, and no portion of any parking area and the egress aisles
shall be converted to any other use or any support activity such as storage or utilities; 26) that the trash
receptacles, furnaces, and water heaters shall be shown outside the required parking and landscaping and in
conformance with zoning and California Building and Fire Code requirements before a building permit is
issued; 27) thatif a gate system is installed across the driveway, there shall be an intercom system connected
to each dwelling which allows residents to provide guest access to their site by pushing a button inside their
units; 28)that the project shall meet the requirements of the Municipal Code Chapter 15.14 Storm Water
Management and Discharge Control including the Storm Water Pollution Prevention guidelines; and 29) that
this project shall meet all the requirements of the California Building and Fire Codes, 1998 edition, as
amended by the City of Burlingame.
Chair Keighran called for a voice vote on the motion to approve with the 4 additional conditions. The
motion passed on a 6-0-1 (C. Osterling absent) voice vote. Appeal procedures were advised. This item
concluded at 9:50 p.m. 'i'l r ,
380 LANG ROAD _ ZONED O.M. APPLICATION FOR MASTER SIGN PROGRAM AND SIGN
VARIANCES FOR SIGN AREA AND HEIGHT ON THE SECONDARY FRONTAGE (DANIELA
PANEBIANCO, APPLICANT; ELIZABETH HAMMACK, OWNER) (22 NOTICED) PROJECT
10.
Reference staff report October 15,2002, with attachments. CP Monroe presented the report, reviewed
criteria and staffcomments. Three conditions were suggested for consideration. Commissioner asked if
this was a master sign permit could the applicant ask for more signage in the future. CP noted under the
current sign code they could request 2 additional signs not to exceed the remaining square footage for the
site, but this would require an amendment to the master sign permit and a public hearing. There were no
other questions from the commission.
Chair Keighran opened the public hearing. Tony Dennie, business owner, and Daniela Panebianco,
Califomia Electrical Service employee, represented the application. Noted that they had some trouble
understanding-the height restrictions in the current sign code, says a building can be 20 feettall but a floor
for signage reduction is 12 feet. CA noted that ifthe applicant wished a determination on that item he would
need to apply for it and continue this action to another meeting because that request was not noticed for
tonight's meeting. Applicant noted he would like to proceed. Pointed out buildingat3T0 Lang has two
signs and the same street orientation problems as his building; in the case of 370 Lang primary frontage was
defined as the long side on Lang Road, they have a large sign over 12 feet above grade; otherproperties in
the area have higher signs; they would request the same as others in the area have. They would like to have
the frontage determination changed to the longer wall, and a variance could be eliminated.
Commissioners asked: the property at370 Lang has long side on Lang Road, the building has long side on
easement; how long is the proposed sign? About 45 feet, have reduced sign by 9 SF took offphone number
and city names where located, only have web site address left. This is a really big sign, not for finding
business location but a billboard. The Hyman sign is the same length as this, but the letters are22 inches
tall while your logo is 77" and your letters larger than2} inches. Currently you are parking a semi-truck
trailer with a your logo in the front yard, is that legitimate. Applicant noted the city has approved a 10
space parking lot at the location where the semi is parked (have not yet installed paving); plan to park the
semi sideways so that could have some signage, right now there is none for the building. What is the size of
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City of Burlingame Planning Commission Unapproved Minutes October 15, 2002
the truck? It is almost the same size as the sign we are asking for. There were no further comments from the
floor and the public hearing was closed.
Commission discussion: see difficulty in determining primary frontage, others have much reduced signage,
think 70 SF of signage would work well, would like to see this substantially reduced; would bend some on
frontage issue if it would increase flexibility and signage could be done within the code requirements.
C. Boju6s moved to continue the item to give the applicant an opportunity to explore what signage program
he could propose with a change in the primary frontage and having no variance requests. The motion was
seconded by C. Auran.
Comment on the motion: Not comfortable with redesignation of the primary frontage, nice to front on US
101 but don't see the extraordinary circumstances called for in the variance findings, think should deny this
request.
Chair Keighran called for a roll call vcite on the motion to continue this item. The motion failed ona2-4-l
(Cers. Brownrigg, Keele, Keighran, Vistica dissenting, C. Osterling absent).
Further discussion: sign code should hold true for this site, the applicant is trying to make a billboard ofthe
side of the building, the code does not allow a billboard as it was intended, such an exception is an obvious
advantage to the applicant. The logo is crisp and clear, it could be read at the 45 SF the code allows, do not
see the hardship. Sign is much too large, it is a billboard, even the surrounding signs are smaller, would like
to see comply with the master signage requirements.
C. Brownrigg moved to deny this application without prejudice to give the applicant an opportunity to revise
his request and return. The motion was seconded by C. Vistica.
Chair Keighran called for a voice vote on the motion to deny without prejudice. The motion passed on a
voice vote 6-0-l (C. Osterling absent). Appeal procedures were advised. This item concluded at 10:20 p.m.
11.301 AIRPORT BOULEVARD/3s0 BEACH ROAD - ZONED C-4 - (GLENBOROUGH PARTNERS,
APPLIC/r{T AND PROPERTY OWNER) (20 NOTICED) PROJECT PLANNER: IyIAUREEN BROOKS
a. APPLICATION FOR A LOT LINE ADruSTMENT TO CREATE A SEPARATE 18,OOO SF
PARCEL AT 350 BEACH ROAD
b. APPLICATION FOR REZONING FROM C-4 TO O-M FOR THE 18,OOO SF PARCEL AT 350
BEACH ROAD
Reference staff report October 15,2002, with attachments. CP Monroe presented the report, reviewed
criteria and city staff comments. She noted that the Commission's action on the lot line adjustment is final
and appealable to the City Council; the action on the rezoning is a recommendation to Council. There were
no questions from Commission .
Chair Keighran opened the public hearing. Dan Levin, represented Glenborough Partners, the property
owner and applicant; Russ Cohen, 605 Lexington. Applicant was asked where the day care facility would
be located if the site was used for something else. The applicant noted that the lot line adjustment had
nothing to do with whether a day carc center would be built, this is a housekeeping matter left over from the
review of the 301 Airport site; no specific use for the site at 350 Beach Road is proposed at this time. There
were no further comments and the public hearing was closed.
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
C. Auran moved on the facts in the staff report that the commission recommend to the City Council the
rezoning of the site at 350 Beach Road from C-4 to O-M because it was required as apart of the future use
of 301 Airport Blvd. The rezoning is also consistent with the General Plan. The motion was seconded by C.
Vistica.
Chair Keighran called for a voice vote on the motion to rezone the lot at 350 Beach Road from C-4 to O-M.
The motion passed on a 6-0-1 (C. Osterling absent) voice vote. This action is a recommendation to the City
Council and is not appealable.
C. Vistica moved approval of the lot line adjustment to create as a separate legal lot and parcel the property
fronting on Beach Road addressed 350 Beach Road. The motion was seconded by C. Brownrigg.
Chair Keighran called for a voice vote on the motion to approve the lot line adjustment to create a separate
parcel at 350 Beach Road. The motion passed on a 6-0-1 (C. Osterling absent) voice vote. Appeal
procedures were advised. This item concluded at 10:30 p.m.
IX. DESIGN REVIEW STUDY ITEMS
12.1637 CORONADO WAY _ ZONED _ R.l _ APPLICATION FOR DESIGN REVIEW FOR A SECOND
STORY ADDITION (JENNIFER AND DOUG ULRICH, APPLICANTS AND PROPERTY OWNERS;
RICHARD COOK & LOUIS BOBROWSKY, ARCHTTECTS) (79 NOTICED) PROJECT pLANNER:
Planner Barber briefly presented the project description. There were no questions of staff.
Chair Keighran opened the public comment. Doug Ulrich, property owner, and Richard Cook, architect,
were available to answer any questions. Commission asked architect to explain vocabulary ofthe design and
how it is in keeping with the rest of the neighborhood. Architect noted that they tried to tie together addition
with existing house by using same finish materials and tieing bay window elements together. Introduced
arched windows and pediment roof to add interest and break up the mass. There were no other comments
from the floor and the public hearing was closed
Planning Commission had the following comments and concerns:
o Looks like2 different houses with different elements, existing house has nice elements that can be
carried through to second level, second story doesn't go with the house;
. Concern with tall vertical element at the rear, very boxy;
o Small amount of square footage added, but looks large;
. Appreciate that addition is pushed back, not over garage;
o Need to dimension interior and exterior elevations;
o 9 foot plate heights, with 2 feetin between floors is unusual and not necessary, adds to height, need
to reduce; and
o Existing house has hip roofs, but all new roof areas are gable end, changes appearance and style.
C. Boju6s made a motion to send this project to a design reviewer with the comments made.
Comment on motion: project needs some work; project looks large, but not a lot of square footage added;
there are nice features on existing house that can be incorporated into second story addition.
l4
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City of Burlingame Planning Commission Unapproved Minutes October 15, 2002
This motion was seconded by C. Auran.
Chair Keighran called for a vote on the motion to refer this item to a design review consultant. The motion
passed on a voice vote 6-0-l (C. Osterling absent). The Planning Commission's action is advisory and not
appealable. This item concluded at 10:51 p.m.
9OO MORRELL AVENUE _ ZONED _ R.l _ APPLICATION FOR DESIGN REVIEW AND ,
CONDITIONAL USE PERMIT FOR A FIRST AND SECOND STORY ADDITION (DANIEL
BIERMANN, DESIGN STUDIO, APPLICANT AND DESIGNER; KENNETH AND ANDREANNA
VIERRA. PROPERTY OWNERS) (69 NOTICED) PROJECT PLANNER: RUBEN HURIN
Planner Barber briefly presented the project description. There were no questions of staff.
Chair Keighran opened the public comment. Kenneth and Andreanna Vierra, property owners, were present
to answer questions. They explained that their designerwas ill and could attended. Ccrmission asked ifit
was intentional to have divided light windows on all elevations except the northeast elevation. Owners
explained that it was intentional because this side only has bathroom windows and existing first floor
bedroom windows do not have grids now. View of this side also is blocked by a tree on the neighbor's
property.
There were no other comments from the floor and the public hearing was closed.
The Planning Commission had the following comments:
o Front has a nice personality, can shutters be carried through to other elevations;
. Space between garage and house is going to be a problem, need to look at ways to eliminate
conditional use permit, or add gate, landscaping and/or door;
o Need landscape plan, would like to see screening of this addition with landscaping; and
o Pull back bedroom #3 at the front to help impact on neighbor and increase second floor front
setback.
C. Brownrigg made a motion to place this item on the consent calendar at a time when'tildabove revisions
have been made and plan checked. This motion was seconded by C. Vistica.
Comment on motion: nice job; mass is held back from the street, additional second floor setback will also
help; plate height not excessive at 8 feet; overall impact is minimal.
Chair Keighran called for a vote on the motion to place this item on the consent calendar when plans had
been revised as directed. The motion passed on a voice vote 6-0-l (C. Osterling absent). The Planning
Commission's action is advisory and not appealable. This item concluded at 11:07 p.m.
1381 HILLSIDE CIRCLE _ ZONED - R-l _ APPLICATION FOR DESIGN REVIEW AND HILLSIDE
AREA CONSTRUCTION PERMIT FOR A FIRST AND SECOND STORY ADDITION (ELLEN
HARTOG, APPLICANT AND ARCHITECT; KURT AND ruLIA DEGROSZ, PROPERry OWNERS)
(40 NOTICED) PROJECT PLANNER: ERIKA LEWIT
14.
Planner Barber briefly presented the project description. There were no questions of staff.
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City of Burlingame Planning Commission Unapproved Minutes October 15,2002
Chair Keighran opened the public comment. Andrew Young, project architect, was present to answer
questions. Explained that this is minor project, owners wanted to expand the kitchen and master bedroom,
but keep the project in character with the existing house. A lot of the floor area in this house is inhabitable
basement area and covered deck area.
There were no other comments from the floor and the public hearing was closed.
Chair Keighran made a motion to place this item on the consent calendar. This motion was seconded by C.
Boju6s .
Comment on motion: architect has done a fine job with this project; this is a small addition that blends well
with the existing house.
Chair Keighran called for a vote on the motion to place this item on the consent calendar. The motion
passed on a voice vote 6-0-l (C. Osterling absent). T1,' Planning Commission's action is advisory and not
appealable. This item concluded at l1:10 p.m.
15.1301 BURLINGAME AVENUE- ZONED C-1, SUBAREA A- APPLICATION FOR
ENVIRONMENTAL SCOPING AND COMMERCIAL DESIGN REVIEW FOR A NEW SINGLE-
STORY, RETAIL BUILDING (ROBERT BRADSBY, 8 INC., APPLICANT AND ARCHITECT; AVTAR
JOHAL, PROPERTY OWNER) (36 NOTICED) PROJECT PLANNER: ERIKA LEWIT (CONTINUED
FROM AUGUST I2,2OO2 MEETING)
CP Monroe briefly presented the project description. There were no questions of staff.
Chair Keighran opened the public comment. Bob Bridger, Apple Computer retail sales, stated that they are
eager to be part of the Burlingame community. Tim Kobe, Apple Computer, store designer, stated that since
the last meeting they have had a historical study done on this property by Thomas Hardy, who is here
tonight to answer any questions. This study concluded that because of all ofthe previous alternation made
to this building, interior and exterior, it would not be.colr-sidered historical. There was no historical value
found on the inteiior of the structure. Revised Apple proposal focuses on exterior material, using dark
charcoal color brick, with two bands of soldier coursing, follows around the building from the top of the
windows at the front and one at the parapet line. Brick proposed will not fade, an extra pallet of bricks will
be stored for future repairs or in-fiII. This particular size brick was picked based upon the average size brick
found on Burlingame Avenue buildings. The grout to be used in between the bricks is 10- I 5% lighter than
the brick, providing texture. The height of the structure has been lowered 4'-l0" from the previous design.
The mechanical equipment has been relocated to the west side of the roof to screen it from view from the
street. The linear glass area display window along Park Avenue has increased to 45 feet long to increase
visual interest for pedestrians. Needed to keep existing floor plan to allow for storage of materials and to
retain the graphics panels and product displays that would be located against the wall, opening up the Park
Avenue wall to the interior would not allow for those displays. The metal awning at the rear ofthe building
has been removed, because it projected into the fire lane and was too high for protection if it met fire
requirements. Applicant tried to find balance between respecting the existing structural environment and
being unique, tried to keep it simple and elegant; sometimes that does result in departing from the norm.
Russ Cohen, 605 Lexington Way, had a question regarding the historical survey. If the existing fagade were
striped away, and the old architectural features were still in tact, would it change the conclusion of the
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City of Burlingame Planning Commission Unapproved Minutes October /,5,2002
historical survey? Thomas Hardy responded that because of the method of fastening ofthe existing facade
the old architectural details are beyond repair, and he would not change the conclusion of his historical
analysis. Mr, Cohen requested that the applicant please salvage any historical and architectural finds during
demolition send them over to the historical society. Asked if Apple sign would limit future use of the site
because it is partially inset in the brick? Applicant explained that there will be extra bricks kept on-site for
infill and repair. Would window along Park Avenue temp vandals? Applicant noted that there would be a
security system in place and that the glass used for this window would be very thick glass that is diffrcult to
break. There were no other comments from the floor and the public hearing was closed.
Commission discussion: design is a departure from what is normally seen on Burlingame Avenue;
concerned with Park Avenue fagade, long monochromatic expanse, can this be broken up; design is a very
strong statement, minimalist approach, introducing othertypes of materials mighthelp; butbricks are nice,
gray gives warn feel, each brick has some color.
C. Brownrigg made a motion to place this item on the regular action calendar at a time when the
environmental review has been completed and Planning Commissions concerns have been adequately
addressed and reviewed by Staff. This motion was seconded by C. Keele.
Comment on motion: design fits Burlingame Avenue, support quality of design and materials; concemed
with Park Avenue side of building but notice that the existing windows along Park are not pedestrian
friendly, this fagade will also be softened by installation of 4 trees and new sidewalk; the lowering of the
height of this structure definitely helps; window along Park Avenue is at a pedestrian scale; would like to
get feedback from the community on this project; simple, eloquent design, intriguing addition to Burlingame
Avenue, could have lasting effect.
The Planning Commission expressed the following concerns that should be addressed in the environmental
document:
o What procedures will be taken for safety of pedestrians during construction,;
o What traffic controls will be used;
o Where will delivery and construction vehicles be parked;
r Where will debris boxes be located; and
o What routes will delivery trucks be takirrg t.l-and from the site during constnrction.
Chair Keighran called for a vote on the motion to place this item on the regular action calendar when the
environmental document has been completed. The motion passed on a voice vote 6-0-1 (C. Osterling
absent). The Planning Commission's action is advisory and not appealable. This item concluded at 12:20
a.m.
X. PLAI\INER REPORTS
Review of City Council regular meeting of October 7. 2002.
CP Monroe reviewed the actions of the Council meeting of October 7,2002. She noted that Safeway and
the Citizens for a Better Burlingame had scheduled a meeting and that a member of the Planning
Commission would be present to observe, but not participate in the meeting. She passed out the amended
Rules of Procedure for the Planning Commission which were approved by the City Council on October 7,
2002, as recommended by the Commission.
t7
e
October 15,2002 )-City of Burlingame Planning Commission Unapproved Minutes
XI. ADJOURNMENT
Chair Keighran adjoumed the meeting at 12.30 a.m.
Respectfully submitted,
Joseph Bojuds, Acting Secretary
UNAPPROVEDMINUTESIO. I 5
r
l8
(
lnvestments
CITY OF BURLINGAME
Portfolio Management
Portfolio Summary
September 30,2002
Par Market
Value
Book
Value
oh ot
Portfolio
Days to
Maturity
YTM
360 Equlv.
YTM
365 Equiv.Value Term
LAIF & County Pool
Federal Agency lssues - Coupon
21,819,538.43
9,000,000.00
21,819,538.43
9,071 ,010.00
21,819,538.43
9,000,000.00
70.80
29.20
1
1,096 828
3.214
3.830
3.259
3.883
lnvestments 30,819,538.43 30,890,548.43 30,819,538.43 100.00%321 242 3.394 3.441
Total Earnings September 30 Month Ending Fiscal Year To Date
Current Year
Average Daily Balance
Effective Rate of Return
Pursuant to State law, there are
85,132.65
30,210,710.59
3.43%
available funds to meet Burlingame's expenditure
law (e.9. Gas Tax, Trust & Agency funds,
o-l f o?-
345,662.69
29,137,046.40
4.7'.t%
requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and
Capital Projects, and Enterprise funds).IS
A. BECKER,NANCE DIR./TREASURER
Portfolio CITY
CP
PM (PRF_PM1 ) SymRept V6.21
Report Ver. 5.00
Run Dale: 10h512002 - 10:03
GITY OF BURLINGAME
Portfolio Management
Portfolio Details - lnvestments
September 30,2002
Market Value
Stated
BookValue Rate
Page2
YTM Days to Maturity
365 Maturity DateCUSIPlnvestment #lssuer
Average
Balance
Purchase
Date Par Value Moody's
LAIF & County Pool
SYS77
SYS79
LOCAL AGENCY INV.FD
S M COUNTY POOL
Subtotal and Average
77
79
9,042,951.93
12,776,586.50
9,042,951.93
12,776,586.50
9,042,951.93
12,776,586.50
2.550
3.760
2.550
3.760
21,810,710.59 21,819,538.43 2't,8't9,538.43 21,819,538.43 3.259
Federal Agency lssues - Coupon
3133M3TS4
3133MLMH5
3133MQOJ0
31 2925PN4
31 29253X6
3136F2AR9
476
505
507
506
510
508
FEDERAL HOME LOAN BANK
FEDERAL HOME LOAN BANK
FEOERAL HOME LOAN BANK
FEDERAL HOME LOAN MORTG.CORP
FEDERAL HOME LOAN MORTG.CORP
FANNIE MAE
Subtotal and Average 8,400,000.00
03/1 7/1998
02t26t2002
0811212002
06106t2002
0911912002
08t14t2002
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1 ,020,310.00
2,016,240.00
2,003,120.00
1 ,015,000.00
1,007,600.00
2,008,740.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
6.020
4.000
3.550
4.125
3.200
3.250
6.020
4.002
3.550
4.125
3.200
3.250
167
787
1,046
797
1,084
867
0311712003
1112612004
o1t12,2005
1?i0612004
09/1 9/2005
0211412005
9,000,000.00 9,071,010.00 9,000,000.00 3.883 828
Total and Average 30,2r0,710.s9 30,819,538.43 30,890,548.43 30,819,538.43 3.441 242
Portfolio CITY
CP
PM (PRF_PM2) SymRept V6.21Run Date: 10h512002 - 10:03
Repori Ver. 5.00
1
1
CITY OF BURLINGAME
Portfolio Management
Activity By Type
September 1,2002 through September 30,2002
Page 3
CUSIP lnvestment # Issuer
Beginning
Balance
Stated
Rate
Transaction
Date
Purchases
or Deposits
Redemptlons
or Withdrawals
Ending
Balance
LAIF & Gounty Pool (Monthly Summary)
SYS79 79 S M COUNTY POOL 3.760 13,938.70 0.00
Subtotal 21,805,599,73 13,938.70 0.00 21,8't0,538.43
Federal Agency lssues - Coupon
3129253X6 510 1,000,000.00FEDERAL HOME LOAN MORTG.CORP.3.200 09t19t2002
Subtotal 8,000,000.00
0.00
1,000,000,00 0.00 9,000,000.00
Total 28,805,599.73 '1,013,938.70 0.00 30,819,538.43
Portfolio CITY
CP
PM (PRF_PM3) SymRept V6.21
Report Ver. 5.00
Run Date: 1 0/1 5/2002 - 1 0:03
Month Number of
Securitles
Total
lnvested
CITY OF BURLINGAME
Portfolio Management
Activity Summary
September 2001 through September 2002
Yield to Maturity Managed
Pool
Rate
360 365
Number
of lnvostments
Purchased
Number
of lnvestments
Redeemed
Average
Term
Page 4
Average
Days to MaturityEndYearEquivalent Equivalent
September
October
November
December
January
February
March
April
May
June
July
August
September
2001
2001
200'l
2001
2002
2002
2002
2002
2002
2002
2002
2002
2002
15
12
12
12
11
11
10
10
9
7
6
7
I
34,930,381.22
32,614,594.78
33,056,179.95
35,671,743.12
34,732,791.56
32,802,148.54
30,605,734.76
35,999,602.11
32,433,148.91
28,726,372.62
26,790,987.15
29,805,599.73
30,819,538.43
5.352
4.880
4.812
4.629
4.497
4.441
4.419
4.147
4.1 69
3.886
3.677
3.368
3.394
5.426
4.948
4.879
4.694
4.559
4.503
4.480
4.204
4.227
3.940
3.728
3.415
3.441
4.214
3.809
3.683
3.474
3.232
3.237
3.317
3.134
3.237
3.258
3.1 95
3.212
3.259
1,289
1,028
1,014
940
928
93s
880
749
718
547
451
295
321
0
3
0
0
1
1
1
0
1
3
1
1
0
1
0
0
0
0
1
0
0
0
1
0
2
1
1,020
791
763
691
662
658
580
480
428
356
327
222
242
Average 10 32,229,909.45 4.282%4.342%3.405 0 776 555
Portfolio CITY
CP
PM (PRF_PM4) SymRept V6.21
Report Ver. 5.00
Run Date: 1Ol15l2OO2 - 1O'.O3
1
CITY OF BURLINGAME
Portfolio Management
Distribution of lnvestments By Type
September 2001 through Septembe r 2002
Security Type
September
2001
October November December
2001 2001 2001
January February
2002 2002
March
2002
April
2002 2002
June
2002
JulyMay August September
2002 2002
Average
by Period2002
LAIF & County Pool 26.9 41.7 42.4 46.7 48.1 45.0 47.6 55.5 56.8 65.2 70.1 73.2 70.8 53.10/oCertificates of Deposit - Bank
Certificates of Deposit. S & L
Gertificates of Deposit-Thrift & Ln
Negotiable CD's - Bank
CORP NOTES
Bankers Acceptances
8.7 9.3 9.2 8.5 8.7 9.2 9.9 8.4 9.3 6.8%
Commercial Paper - lnterest
Federal Agency lssues .Coupon 64.4 49.'t 48.4 44.9 43.2 45.7 42.5 36.1 33.9 27.g 29.9 26.8 29.2 40.zYoFederallssues - Discount
Treasury Securities . Coupon
Treasury Securities - Discount
Miscellaneous Securities . Coupon
Miscellaneous Securities - Discount
Non lnterest
Mortgage Backed Securities
Miscellaneous Discounts -At Cost 2
Miscellaneous Discounts -At Cost 3
Portfolio CtTY
CP
PM (PRF_PM5) SymRept V6.21
Report Ver. 5.00
Run Date: 10/15/2002 . 10:03
Page 5
7.0
Commercial Paper - Discount
CITY OF BURLINGAME
Portfolio Management
lnterest Earnings Summary
September 30,2002
September 30 Month Ending Fiscal Year To Date
Page 6
GD/Goupon/Discount lnvestments:
lnterest Collected
Plus Accrued lnterest at End of Period
Less Accrued lnterest at Beginning of Period
Less Accrued lnterest at Purchase During Period
lnterest Earned during Period
Adjusted by Capital Gains or Losses
30,100.00
42,512.64
45,091.79)
0.00)
227,358.33
42,512.il
1 62,765.1 3)
0.00)
27,520.85
0.00
107,105.84
77,500.00
Earnings during Periods 27,520.85 184,605.84
Pass Through Securities:
lnterest Collected
Plus Accrued lnterest at End of Period
Less Accrued lnterest at Beginning of Period
Less Accrued lnterest at Purchase During Period
lnterest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
0.00
0.00
0.00)
0.00)
0.00
0.00
0.00)
0.00)
0.00
0.00
0.00
0.00
0.00
0.00
Earnings during Periods 0,00 0.00
Gash/Ghecking Accounts:
lnterest Collected
Plus Accrued lnterest at End of Period
Less Accrued lnterest at Beginning of Period
0.00
389,184.52
331,572,72)
143,981.97
389,184.52
372j09.64\
lnterest Earned during Period 57,611.80 161 ,056.85
Total lnterest Earned during Period
Total Capital Gains or Losses
85,132.65
0.00
268,1 62.69
77,500.00
Run Date: 1011512002- 10103
Total Earnings during Period 85,132.65 345,662.69
Portfolio CITY
CP
PM (PRF-PM6) SymRept V6.21
Report Ver. 5.00
((
((
(
(
(
(
((
lnvestments
95BD
Portfolio Management
Portfolio Summary
September 30,2002
Par
Value
Market
Value
Book
Value
%ot
Portfollo Term
Days to
Maturity
YTM
360 Equiv.
YTM
365 Equiv.
Federal Agency lssues - Coupon 800,000.00 827,248.00 802,000.00 100.00 1,756 349 4.995 5.064
lnvestments 800,000.00 827,248.00 802,000.00 100.00% 1,756 349 4.995 5.064
Total Earnings September 30 Month Ending Fiscal Year To Date
Current Year
Average Daily Balance
Effective Rate of Return
Pursuant to State law, there
3,416.66
802,000.00
5.18%
10,250.00
802,000.00
5.07o/"
of
Rahn Becker, Finance
are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, andby law (e.9. Gas Tax, Trust & Agency funds, Capital projects, and Enterprise funds).
lct-t *oz
Portfolio 95BD
CP
PM (PRF_PMI ) SymRept V6.21
Report Ver. 5.00
Run Date: 1011512002 - 10:04
95BD
Portfolio Management
Portfolio Details - lnvestments
September 30,2002
Stated
BookValue Rate
Page 2
YTM Days to Maturity
CUSIP lnvestment #lss ue r
Average
Balance
Purchase
Date Par Value Market Value 365 Maturity Date
LAIF
SYS79 79 LOCALAGENCY INV. FD.5.707
Subtotal and Average 0.00 0.00 0,00 0.00 0.000 0
0.00 0.00 0.00 5.707
Federal Agency lssues - Coupon
31ssM5QB9 485 827,248.00FEDERAL HOME LOAN BANK
Subtotal and Average
11t24t1998 800,000.00
802,000.00 800,000.00 827,248.OO 802,000.00
802,000.00 5.125 5.064 349 09/15/2003
5.064 349
Total and Average 802,000.00 800,000.00 827,248.00 802,000.00 5.064 349
Portfolio 95BD
CP
PM (PRF-PM2) SymRept V6.2'1Run Oate: 10115t2002 - 10:04
R.port Vcr.5.O0
I
98BD
Portfolio Management
Portfolio Summary
September 30,2002
lnvestments Par
Value
Market
Value
Book
Value
oh ot
Portfolio
Oays to
Maturity
YTM
360 Equiv.
YTM
Term 365 Equiv.Federal Agency Coupon Securilies 1 ,710,000.00 1,746,867.60 1 ,710,000.00 100.00 1,826 176 5.977 6.060
lnvestments 1,710,000.00 1,745,867.60 1,710,000.00 100.00% 1,826 176 5.977 6.060
Total Earnings September 30 Month Endi ng Fiscal Year To Date
Current Year 9,47 j.11
Average Daily Balance 1,71O,OO0.OO
Effective Rate of Return 6.03%
Pursuant to state law, there are sufficient available funds to meet Burlingame's
25,929.84
'l,710,000.00
6.02o/o*"Wvry'expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, andby law (e.9. Gas Tax, Trust &Agency funds, Capital Projects, and Enterprise funds).
'O -/s*-d>
RAHN BECKER, Finance Director/Treasurer
Portfolio 98BD
CP
PM (PRF_PM l ) SymRept V6.21
Report Ver.5,00
Run Date: 1011512002 - 10:A4
98BD
Portfolio Management
Portfolio Details - lnvestments
September 30,2002
Market Value
Stated
BookValue Rate
Page 2
YTM Days to Maturity
355 Maturity DateAverage
Balance
Purchase
Date Par Value Moody'sCUSIPlnvestment #lssuer
Managed Pool Accounts
SYSsO LOCAL AGENCY INVEST FUND 0.00 0.00 0.00 5.124 5.12480
0.00 0,00 0.00 0.000 00.00Subtotal and Average
Federal Agency Coupon Securities
3133M3XEO 478 FEDERAL HOME LOAN BANK
Subtotal and Average
03/2611 998 1 ,710,000.00 1,746,867.60 1 ,710,000.00 6.060 _ 6.060 1?9 o3t26t2oo3
6.060 1781,710,000.00 1,710,000.00 1,746,867.60 1,710,000,00
1,710,000.00 1,746,867.60 1,710,000.00 6.060 178Total and Average 1,710,000,00
Portfolio 98BD
CP
PM (PRF-PM2) SymRePt V6.21Run Date: 1 0/1 5/2002 - 1 0:04
Report Ver. 5.00
lnvestments
01 BD
Portfolio Management
Portfolio Summary
September 30,2002
Par
Value
Market
Value
Book
Value
c/o ol
Portfollo
Days to
Maturity
YTM YTM
365 Equiv.Term 360 Equiv,
Managed Pool Accounts
Federal Agency Coupon Securities
3,205,703.42
1 ,100,000,00
3,205,703.42
1,104,125.00
3,205,703.42
1,100,000.00
74.45
25.55
1
1,096 1,060
2.515
3.205
2.550
3.250
lnvestments 4,305,703.42 4,309,828.42 4,305,703.42 100.00%281 272 2.691 2.729
Total Earnings September 30 Month Endi ng Fiscal Year To Date
Current Year
Average Daily Balance
Effective Rate of Return
Pursuant to State law, there are sufficient available
10,084.26
4,451,836.75
2.76%
funds to meet Burlingame's
37,543.44
4,980,708.,t0
2.99%
expenditure requirements for the coming 6 months. Total funds invested represent consolidation of some of these funds is& Agency funds, Capital Projects, and Enterprise funds).
/o- /f-oz-
Rahn A. Becker, Finance './Treasurer
Portfolio 01BD
CP
PM (PRF_PM1 ) SymRepr V6.21
Reporl Ver. 5.00
Run Date: 10/15i2002 - 10:06
1
O1 BD
Portfolio Management
Portfolio Details - lnvestments
September 30,2002
Page2
Maturity
DateAverageStated
BookValue Rate
YTM YTM Days to
CUSIP lnvestment #Balance
Purchase
Date Par Value
3,205,703.42
Market Value
3,205,703.42
Managed Pool Accounts
SYS81 81
lssuer
Local Agency lnv. Fd
360 365
3,205,703.42 2.550 2.5',|5 2.550
Subtotal and Average 3,351,836.75 3,205,703.42 3,205,703.42 3,205,703.42 2.515 2.550
Federal Agency Goupon Securities
31359MPB3 509 0812612002 1 , 1 00,000.00 1 ,1 04,1 25.00FANNIE MAE
Subtotal and Average 1,100,000,00 1,100,000.00 1,'t 04,125.00
1,100,000.00 3.250 3.205 3.250 1,060 08/26/2005
1,100,000.00 3.205 3.250 t,060
Total and Average 4,451,836.75 4,305,703.42 4,309,828,42 4,305,703.42 2.691 2.729 272
Portfolio 01BD
CP
PM (PRF-PM2) SymRept V6.21Run Date: 1011512002 - 10:06
Report Ver. 5.00
\
CITY OF BURLINGAME
PARKS & RECREATION DEPARTMENT
850 Burlingame Avenue, Burlingame, California 940 10-2899
Telephone (650) 558-7300 " Parks / Trees (650) 558-7330
Fax (650) 696-72LG . E-mail: burlrec@aol.com
DATE ocroBER 11,2002
,/
MANAGER/CITY
FROM R. SCHWARTZ - PARKS & RECREATION DIRECTOR
WASHINGTON PARK ROSE GARDEN
The attached letter received at the Parks & Recreation Department, had no signature or return
address. I have included, for your information, the attached response from Bob Disco, Park
Supervisor regarding the maintenance practices of the Washington Park Rose Garden.
TO
RE
CITY COUNCIL/CITY CLERK
t
Memo
To:
From:
Date:
Subject:
Randy Schwartz
Bob Disco, Park Supervisor
Oct.9,2002
Washington Park Rose Garden
In response to the letter regarding the rose garden in Washington Park, I feel I should inform you
of our maintenance practices for your own information.
The roses are beginning to go into the dormant stage this time of year (Oct-Dec). which is the
reason for their yellowing leaves and unhealthy appearance. The Park Crew annually prunes the
roses after the dormancy period. We fertilize and mulch the whole garden before Spring. The
crew also dead heads the plants when time permits, (it is a long tedious task). We do not use any
pesticides or fungicides on any of the roses because of the hazards to beneficial insects and the
health of our workers. Instead. we remove individual plants that are diseased and replace with
new healthy ones.
We maintain the rose garden through our operating budget not through a special fund. Any
replacement of plants is purchased through our "special Dept. Expense" account or through
specific donations from residents. This past year, the Park Crew replaced the old dirt path in the
garden with brick paver's and it was a great improvement. In the future, we have plans to build at
least one arbor as a focal point and entrance to the rose garden, but only if we have a surplus in
our operating budget.
Our maintenance practices have been minimal, but, we have been very successful throughout the
years and this year we enjoyed a tremendous amount of blooms and beautiful plants.
-a
RF,'F;VED
October 8, 2OAz
8l#3i11.:ifrI['fiE
Dear Mayor and City Council,
I arn writing this note regarding the rose garden !n Washington park. Last
weekend my family and I had out of town guests visiting from New York. Crua of
the treasures of our city is Washington Park, so naturatly it was one of our first
destinations. Much to my dismay and embarnassment, I took them for a strol!
through the rose garden. I was shocked to see the condition of the garden that
used to be so beautiful. The roses looked like they hadn't been tended to for many
months, let alone watered or fertilized. If I had pruners with me, I would have
given them the attention that they so deserved.
If possible, could you please ask the appropriate department to tend to what used
to be a very beautiful, peaceful rose garden?
Thank you.
/a
{ciry
DIS?zuBUTIOI{
Council
Manager
please r:espcnd
Ciry A-ttoraey ..'f'lo Response Requiled
Dir. Finance
City Planner
Dir. Public Works
Human Resources
Police Chiel
pife Chief On Next Agenda
fParls & Rec
Li'orarian
PLEASE SEND A COPY OF }'OL]R
R.ESPOT"iSE TO TFI E C[,T1' CI-E R.i'i
Cc -' H a-r.. -2o-1 ,Cle.n k-
MEMORANDUM
October 21,2002
To Council Members
Ratrn Becker
Subject: Two-Camera System for Council Meeting Broadcast
Some of you had asked about going to a two-camera system for council meeting
broadcasts. Lee Thompson has the equipment to do this for a $1,800 increase in his fee
per year (Total is $9,500.)
This can be funded from our available Public-Educational-Government Access Account
which comes from a monthly assessment of $0.33 per subscriber paid to us by AT&T
Broadband. Lee will begin this broadcast on a trial basis on October 21 (tonight.)
Lee had also proposed purchasing our own equipment, but this is too expensive and could
not be accommodated within the $35,000 per year we receive from these funds. In any
case, we wanted to proceed on a trial basis first to see how it looks.
I also spoke with Media Center which does a number of council broadcasts. Their cost
for a three-camera production would run about $15,450 per year. They could offer some
qualitative advantages, but I think we should give Lee a chance to show what he can do. I
have asked for Media Center to send along a tape of one of their broadcasts so you could
get a sense of what their production looks like. Please let me know if you are interested
in viewing it when it comes.
From:
Knock on wood, we seem to be past our problems with the signal quality. We will soon
hookup a device for scrolling messages at the bottom of the TV screen. I am currently
waiting for some parts to come so we can install it in the cabinet. This will offer not only
the capability to notiff viewers of problems, but will also allow us to publicize city
events, or insert notations regarding agenda topics under discussion.
Please let me know if you have any questions regarding this.
w