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HomeMy WebLinkAboutAgenda Packet - CC - 2002.10.07BI]RLINGAME CITY COUNCIL AGENDA Rncur,an Mrntnvc - MoNol,Y, OctonEn 7, 2002 Plce I or2 * CLOSED SESSION: a. Threatened Litigation (Govemment Code $54956.9OX1)' (3XC) Claim of John Taylor Claim of Estelle SotomaYor Claim of Raul Nicho 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES - Regular meeting of Septernber 16,2002 5. PUBLIC HEARINGS The mayor may limit speake* to three minutes each a. Spending Plan for the2002 Local Law Enforcernent Block Grant (LLEBG) b. Resolution Adopting Revised Fees for Building Division c. Adoption of Fees charged by the Fire Department in connection with Permits and Inspections 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 COMMUNICATIONS a. Introduce an Ordinance to Amend Section I3.24.0I5 to Reduce Speed Limit on Occidental Avenue between Barroilhet Avenue and El Camino Real to Twenty-Five Miles Per Hour b. Report on City Role in Mills-Peninsula Hospital Replacernent 8. CONSENT CALENDAR a. Resolution Authorizing Transfer ofFunds fot 2001-02Budget b. Resolution Authorizing Loan to Sewer Fund c. Approve Annual Report of the District; Adopt Resolution of Intention to continue San Mateo County Tourism Business lmprovement District, to Establish the basis for and to Levy the Assessments for the District for the Year 2003, and to set Dates for Public Hearings on the District and the Proposed Assessments d. Resolution Accepting Califomia Drive Resurfacing Project City of Burlingame CITY HALL - 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94O1 O (650) 558-7200 SAGGESTED ACTION 6:30 p.m. Conference Room A 7:00 p.m., Council Chambers Approval Hearing/Action Hearing/Action Hearing/Action Introduce Discussion Approval BURLINGAME CITY COUNCIL AGENDA Rncur,AR MrBrrNc - MoNonv, Octontrn 7, 2002 PecB 2 on 2 e. Approve Revision to Planning Commission Rules of Procedure f. Set October 29,2002 Special Study Session with San Mateo County Transportation AuthoritY g. Approve the Cooperative Agreement with San Mateo County to Administer the Rehabilitation Loan Program for Burlingame as a part of the Community Development Block Grant Program h. Update on Financial Information Privacy Ordinances i. Adopt a Resolution Supporting Measure C j. Warrants & Payroll, August,2002 9. COUNCIL COMMITTEE REPORTS 10. OLD BUSINESS 11. NEW BUSINESS 12. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, September 5,2002; Traffic, Safety & Parking, Septernber 12,2002; Parks & Recreation, September 19,2002; Planning, September 23, 2002 b. Department Reports: Building, September,2}0z; 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 Planner concerning Withdrawal of Appeal at826 Alpine Road 13. ADJOURNMENT NOTICE: Any attendees wishing accommodations for disabilities, please contact the City Clerk at (650) 558- 7203 at least 24 hours betbre the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at rvuw.burlingante.ore,. Agendas and minutes are available at this site. City of Burlingame CITY HALL - 5O1 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 O (650) 558-7200 Accept Report NEXT MEETING- October 21 2002 Council Present: Council Absent: BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of Septembet 16,2002 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 OF ALLEG TO FLAG Led by Tony DeAngeles. 3. ROLL CALL Baylock, Coffey, Galligan, Janney, O'Mahony None 4. MINUTES Councilwoman Baylock noted a correction under "New Business"; minutes should read "Councilwoman Baylock suggestedthe Council hold a public meeting to discuss the City of Burlingame being the lead ug"rr.y for tfrl hospital EIR". Councilwoman O'Mahony made a motion to approve the minutes of the Siptember 3,200i; seconded by Councilman Galligan; approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS L. APPEAL OF PLANNING COMMISSION'S DETERMINATION THAT A SECOND UNIT WAS BUILT BEFORE 1954 AT 826 ALPINE AVENUE. ZONED R.l Cp Monroe referred to her staffreport dated Septernber 16,2002 recommending council holding a public hearing to determine whether the second unit built at the rear of 826 Alpine Avenue was built before 1954 and is eligible for inclusion in the second unit amnesty program. Mayor Janney opened the public hearing. David Mani, owner of 826 Alpine Avenue, Tony DeAngeles, 824 Alpine Avenue, and LeigtrTanton, 845 Linden Avenue, spoke in favor of the unit being included in the second unit amnesty program. There were no further comments from the floor and the hearing was closed. Vice Mayor Coffey made a motion to uphold the Planning Commission's decision to deny the appeal that the unit located at 826 Alpine Avenue be included in the second unit housing stock; noted there was not enough proof to determine its existence prior to January l,1954; seconded by Councilwoman O'Mahony, approved by voice vote,3-2,with Councilman Galligan and Councilwoman Baylock dissenting. Burlingame City Council Unapproved Minutes I September 16,2002 b. ADOPT AN ORDINANCE PURSUANT TO GO CODE 36937 FOR NO PARI(NG ZONES ON CARMELITA AVENUE FROM CALIFORNIA DRIVE TO EL CAMINO REAL AND FOR ONE HOUR PARKING ZONES ON PRIMROSE ROAD FROM BELLEVUE TO AVENUE DPW Bagdon recommended Council adopt an urgency ordinance designating'No Parking During Specified Hours" (7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.on any day except Sundays and holidays) on the south side and north side of Carmelita Avenue from California Drive to El Camino Real, and designating One-Hour Parking on Primrose Road from Floribunda Avenue to Bellevue Avenue. Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was closed. Mayor Janney requested CC Musso read the summary of the proposed urgency ordinance. Councilman Galligan made a motion to waive further reading of the ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Councilman Galligan made a motion to adopt the urgency ordinance designating "No Parking During Specified Hours" (7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. on any day except Sundays and holidays) on the south side and north side of Carmelita Avenue from California Drive to El Camino Real, and designating One-Hour Parking on Primrose Road from Floribunda Avenue to Bellevue Avenue; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a summary of the proposed urgency ordinance within l5 days of proposed adoption. 6. PUBLIC COMMENTS Charles Yoltz,T25YemonWay, Jennifer Pfaff, 615 Bayswater, and Ed Larios, 1536 Barroilhet, spoke in support of the leasing of property at783 California Drive as a temporary teen facility. Mimi Hahn, 719 Burlingame Avenue, spoke on behalf of the American Cancer Society and "Relay for Life" being held on October 5,2002. COMMISSIONER TERM EXPIRATIONS: BEAUTIFICATION (2). CIVIL SERVICE (2). TRAFFIC. SAFETY & PARKING COMMISSION (2) CM Nantell recommended Council consider reappointing incumbent commissioners, appoint candidates from two year list or use the current Council policy as reflected in the 1994 Council Resolution2l-94 and establish a filing deadline of Tuesday, October 15,2002, for accepting commissioner applications and select a Council interview team for eventual interviews. Burlingame City Council Unapproved Minutes a. 2 September 16,2002 7. STAFF REPORTS AND COMMUNICATIONS Mayor Janney noted she would like to open up the application process in accordance with Resolution #21- 94. The following interview teams were established: Councilwoman Baylock & O'Mahony, Beautification Commission; Councilman Galligan and Councilwoman O'Mahony, Parks & Recreation; Traffic, Safety & Parking, Mayor Janney and Vice Mayor Coffey; Civil Service, Councilman Galligan and Vice Mayor Coffey. b. TEMPORARY TEEN FACILITY Dp&R Schwartz recommended Council give direction on whether or not staff and the Parks & Recreation Commission should continue pursing a location to be used as a temporary teen center and if so, how should such a center be funded. Noted that the property located at 783 California Drive was identified by the Commissioners as meeting the general criteria established for a temporary teen center. The 6,000+ square foot site has enough program space for a wide variety of teen activities, including basketball, game tables, homework/computer rooms and hang-out areas. DP&R explained to Council what the cost to lease the property would be and various ways the money could be raised to help pay for the facility. Council directed DP&R Schwartz to proceed on pursuing a location for a temporary teen center, particularly the vacant building at783 California Drive. 8. CONSENT CALENDAR ^. SPECIAL EVENT PERMIT/STRE,ET CLOSURE _ HALLOWEEN SAFE STREET (PRIMROSE ROAD) EA Weber recommended Council authorize the closure of Primrose Road between Burlingame Avenue and Donnelly Avenue as the site for the community Halloween Safe Street Program being held on Thursday, October 31,2002. b.RE,SOLUTION #102.2002 AUTHORIZING AGRE,EMENT BETWEEN THE CITY OF SAN MATEO AND THE CITY OF BURLINGAME FOR MAINTENANCE AND REPAIR SERVICES O CITY OF SAN MATEO VEHICLES Fire Chief Reilly recommended Council approve Resolution #102-2002 an agreement between the City of San Mateo and the City of Burlingame to have San Mateo Fire Department vehicles serviced by the City of Burlingame. RE,SOLUTION #IO3.2OO2 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENTc. WITH THE CUL VER GROUP FOR ENG ERING DESIGN SERVICES F'OR WATER MAIN WITH THE BURLIN GAME. EASTON NO. 5 AND EASTON NO. 7 SUBDIVISIONS DPW Bagdon recommended Council approve Resolution #103-2002 authorizing a professional services agreement with the Culver Group in the amount of $509,265. Councilman Galligan made a motion to approve the consent calendar; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. Burlingame City Council Unapproved Minutes J September 16,2002 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. 10. OLD BUSINESS Vice Mayor Coffey inquired as to the status of the "Opt-in, Opt-out Privacy Bi11". CA Anderson noted a staff report would be brought to Council at the next meeting regarding this subject. Councilwoman Baylock reminded the public that the Council will be discussing the subject of the hospital EIR at the regular meeting of October 7,2002. 11. NEW BUSINESS There was no new business. 12. ACKNOWLEDGMENTS a. Commission Minutes: Planning, September 9,2002 b. Department Reports: Building, August, 2002; Finance, August 2002 c. Letter from Louisa Lloyd Shields, 1205 Drake Avenue and reply from City Planner Monroe concerning Broadway Business Area 13. ADJOURNMENT TO CLOSED SESSION At 9:40 p.m., Council adjoumed to closed session. City Attorney Anderson reported Council directed him regarding the following items discussed during the closed session: a.Conference with Real Property Negotiators pursuant to Government Code $ 54956.8: Property: Assessor Parcel No. 029-053-430,783 Califomia Drive; Agency Negotiators: Randy Schwartz, Larry Anderson, Jim Nantell; Negotiating Parties: Proffitt Trust (Terry Horn); Under Negotiation: Lease of Property b. Threatened Litigation (Govemment Code $ 54956.90)(2) and (3XC) Claim of Michael Svanevik (copyright use) c. Pending Litigation (Government Code $ 5a956.9(a)) d. Louis Marini vs. City of Burlingame (ABAG Plan), San Mateo Superior Court Case No. 419382 Burlingame City Council Unapproved Minutes4 September 16,2002 14. ADJOURNMENT Mayor Janney adjourned the meeting at 10:35 p.m. in memory of Timothy Mclinden, son of Rich and Mary Mclinden; she also acknowledged the recent marriage of Lee Thompson, the cable cameftlman. Respectfully submitted, Ann T. Musso City Clerk Burlingame City Council Unapproved Minutes 5 September 16,2002 STAFF REPORT TO: HONORABLE MAYOR AI\iD CITY COUNCIL DArE: 20 Sep 02 FRoM: GarT Missel, Chief of Police AGENDA ITEM# MTG. DATE toll lo2 5a BY BY APPRO\rEI) sIIBrEcr: Spending Plan for the 2002 Local Law Enforcement Block Grant (LLEBG) RECOMMEIYDATION: The City Council should hold a public hearing to consider Chief Missel's spending plan for 2002LLEBG funds. After the public hearing the Council should vote approval of the plan to spend funds for computer equipment and/or software. BACKGROIIhID: The U.S. Department of Justice has ewarded Burlingame a $16,640 LL.EBG for2O02. Federal law requires that the chief of police develop a plan to spend LLBBG funds. That plan must be neviewed and approved at two public hearings. Chief Missel's plen was lirst approved on24 July 02 by the San Mateo County 2002 LLEBG Advisory Board at a public hearing in Redwood City (see attached email memo frcm M. Mojas). The City Council must approve the plan after a public heering before the funds can be spent Grant funds will be used to purchase computer hardware end/or software" The matching funds required by this grant ($fE49) will be drawn from the operating budget of the police department. ATTACHMENTS: Copy of Award Conlimetion from the U.S. Department of Justice Missel, Gary To pm int: bject: M ichelle Mojas [mmojas@co.sanmateo.ca. us] Wednesday, July 24,200211:49 AM ktreadway@ci.millbrae,ca.us; wsouth@ci.millbrae.ca.us; saundersj@ci.pacifica.ca.us; jim.granucci@ci.san-carlos.ca. us; steve.jackson@ci.san-carlos.ca.us; lviolett@ci.sanbruno.ca.us; wbowling@cityofepa.com; dscanlan@cityofsanmateo.org; jdalton@cityofsanmateo.org; gmclane@dalycity.org; jwarren@dalycity.org; cwboyd@menlopark.org; JHSimpson@menlopark.org; missel@police.ci.burlingame.ca,us; cbolanos@redwoodcity.org; ccesena@redwoodcity.org; EHernandez@redwoodcity.org; mike.guglielmon i@ssf. net Bill Pedrini; Don Horsley; Don O'Keefe; Greg Munks LLEBG Advisory Board Meeting Cc Su At today's Advisory Board Hearing, the Board unanimously approved each Pol-ice Departmentrs spending plan for year 2002 Local Law Enforcement Block Grant (LLEBG). Vote: 5 Ayes, 0 Nays P.l-ease keep record of the hearing in your grant fil-e for futurereference. Department's were provided an j-nformation packet at thehearing to keep as a form of record,/documentation of the mandatory Advisory Board Hearing. Also be sure to send a copy of your grant appli-cation/award to your State Agency Point of Contact (SPOC/SAA) as follows: f,fice of Crj-mj-nal ,fustice Planningtittn: Biran Keith 1130 K Street, Suite LL60 Sacramento, CA 95814 Grants Coordination, State Clearinghouse Office of P1anning & Research P.O. Box 3044, Room 222 Sacramento, CA 9581-2 Michelle Mojas Grant Admini-strator County of San Mateo Sheriffrs Office(6s0) 363-1974 1 Hopefully next year we'l-l- meet again, that is, if the FEDS al-Iow us theopportunity to appfy for more LLEBG fundi-ng. We'11- have to wait for thefinal- budget and the impact of Homeland Security on LLEBG, Byrne, COPS MORE and SCAAP funds. Accept Award Confi rmation FY 2002 Local Law Enfarcement Block Grants Program Burlingame City, CA Application Award RFD Grant Changes Reports Correspondence Award Handbook Accept Award Confirmation Page I of I Congratulations!You have accepted your jurisdiction's FY 2002 LLEBG Award and its conesponding specia! conditions.Overview Review CEO Information Acce.pt Award View AwardDocument Financial Institution lnforrnation DeclineAward HelplFrequently Asked Ouestions r'Y 2OO2 LLEBG FinalArvad Amount: Matching Amount: LLEBG Awad Number LLEBG Awad Date: $ 16,640.00 $ 1,849.00 2002-LB-BX-2361 g2-AUG-02 x LLEBGHome Log-Off Remember, acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. You must submit the RFD in order to receive funds, and you must submit it within 90 calendar days from the award date. You may begin the RFD process now by clicking on the RFD Tab above- Click here to view and print your official FY 2002 LLEBG Awad documents and special conditions. Switch to ... https://grants.ojp.usdoj.gov:8004/gms_user/plsqVaward.accept_award_confirmation 8/L2l2AA2 ) ) ffi I 5b MTG. OATE HONORABLE MAYOR AND CITY COUNCIL SUBMITTED September 17,2002 BY APPROVED RESOLUTION ADOPTING REVISED FEES FOR BUILD]NG DIV RECOMMENDATION : It is recommended that City Council approve the attached resolution adopting revised fees for the Building Division. BACKGROUND: The Public Works Building Division provides various services to people and organizations to assure that new building construction complies with the California State Building Codes, local ordinances and conditions of approval. It also functions as a one-stop permit center, collecting fees for other City departments. In general, the division should be a self-supporting entity, with fees collected in an amount sufficient to pay for its operations; however, as fees have not been increased since 1996, the division's operations have been partially subsidized by the General Fund. DISCUSSION: The proposed fees were developed by determining the labor and materials associated with issuing permits, reviewing plans and inspecting construction for building projects, including overhead and interdepartmental costs. As indicated in an attachment, these fees are in line with the average of four neighboring jurisdictions. Overall, fees would increase by about 25%; and some fees, such as application, mechanical and imaging, are simplified for ease of use. The Planning Department plan review fee for projects valued at more than $10,000 would be changed from 1% of vahtation to l5Vo of the building permit fee to be consistent with other fees collected by the division. A new fee is proposed to reimburse the Public Works Engineering Division for time expended in review of plans for compliance with standards and conditions of approval. This is set at 25% of the building permit fee. EXHIBITS: Resolution; Fee Comparison; Fee Schedule BUDGET IMPACT: Assuming construction continues at approximately the current level, it is estimated that Building Division revenues would increase by approximately $165,000 per year. These revenues are subject to fluctuations in construction but are reasonably conservative given the historic stability of construction in Burlingame. 650-558-7230 c:City Clerk, Chief Building Official STAFF REPORT AGENDA ITEM # 10t7 to2 TO: DATE: FROM: SUBJECT: PUBLIC WORKS BY S:\A Public Works Directory\Staff Reports\Building Fees.wpd RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING INCREASES IN THE FEES CHARGED BY THE BUILDING DIVISION IN CONNECTION WITH PERMITS AND INSPECTIONS WHEREAS, the City has not changed or increased its fees for the issuance of construction permits or the inspections conducted by the Building Division since 1996; and WHEREAS, the Building Division has studied its current fee structure, its current operating costs, and the fees charged by nearby agencies; and WHEREAS, any subsidy to the costs of providing the City's permitting and inspection services to those who develop and improve real property should be minimized; and WHEREAS, notice ofthe proposed increases in fees and the hearing on them has been given as required by Government Code section 66016, and a notice has also been published in a newspaper of general circulation; and WHEREAS, the Council held a public hearing on October 7, 2002, and considered all comments regarding the proposed increases; and WHEREAS, the proposed increases are fair and equitable, based on actual delivery costs, and consistent with the fees already being charged in other cities on the Peninsula, NOW, THEREFORE, BE IT RESOLVED: 1. The fee schedule, containing Building Permit Fees, Plumbing Permit Fees, Mechanical Permit Fees, and Electrical Permits Fees, as contained in Exhibit A is approved. Pursuant to Government Code section 66017, these fees shall be effective on December 7 ,2002. Mayor I, Ann T. Musso, City Clerk of the City of Burlingame, do hereby certift that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of 2002, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COLINCILMEMBERS: COI.]NCILMEMBERS: COUNCILMEMBERS: C :\F ILE S\RE S O\b ld gfees. bld. wpd City Clerk PERMIT FEE COMPARISONS Example:31000 Square Foot, single family house 13 Plumbing Fixtures, Gas Outlets, Water Heater 150 Amp Service 2- 100,00M8TU FAUs,3 Exhaust Fans Valuation: $350,000 Burlingame:CURRENT Building Permit Plan Check Enerry P.C. Total Building $2,393.75 I,555.93 s98.43 PROPOSED s2,993.25 1,945.61 748.31 $4,548.11 s5,687.17 Mechanical Permit & P.C.93.s6 225.00 Electrical Permit & P.C.277.50 300.00 Plumbing Permit & P.C.2rr.68 300.00 TOTAL ALL PERMIT FEES $5,130.85 $6,572.17 (+28%) OTHER CITIES COMPARISONS Palo Alto:$5,347.13 San Mateo:$5,667.66 Belmont:$9,432.00 Redwood City:$s.47r.37 Average of Four Cities:$6,685.51 MISCELLANEOUS FEES Imaging fees for Burlingame run about $125.00 for a new house: Palo Alto would be $270.00; San Mateo, Redwood City and Belmont would be $109, $107.00 and $181.50 respectively. FEE B/C B.TP P.A.S.Mateo RWC Belmont Hourly Chg.$s0.00 $7s.00 $60.00 $7s.73 $4s.00 $120.00 Imaging $1/Sht 5%BP $2/Sh+$ZO 5%BP 5%BP s%BP CITY OF BURLINGAME BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $30.00 $501.00 to $2,000.00 $30.00 for the first $500.00 plus $3.80 for each additional $100.00, or fraction thereof to and including $2,000.00 $2,001.00 to $25,000.00 $87.00 for the first $2,000.00 plus $17.50 for each additional $1,000.00 or fraction thereof to and including $25,000.00 $25,00 1.00 to $50,000.00 $489.50 for the first $25,000.00 plus $12.65 for each additional $1,000.00 or fraction thereof to and including $50,000.00 $50,001.00 to $l 00,000.00 $805.75 for the first $50,000.00 plus $8.75 for each additional $1,000.00 or fraction thereof to and including $100,000.00 $ I 0 1,000.00 to $500,000.00 $1,243.25 for the first $100,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof to and including $500,000.00 $501,000.00 to $1,000,000.00 $4043.25 for the first $500,000.00 plus $5.95 for each additional $1,000.00 or fraction thereof to and including $1,000,000.00 $1,000,000 and up $7,018.25 for the first $1,000,000.00 plus $4.60 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: l. Inspections outside of normal business hours............ .....$75.00 per hour (Minimum charge - four hours) (Minimum - one hour) Plan Review Fees: l. Basic Fee............... .......65% of Building permit Fee 2.Energy Plan Check Fee (Where Applicable)....Additional 25% of Building Permit Fee 3. Disabled Access Plan Check Fee (Where Applicable)...................Additional 35% of Building Permit Fee 4. Planning Department Plan Check Fee (Where Applicable)............Additional l5%o of Building Permit Fee (Minimum Fee of $75.00) 5. Plan Revisions for Planning Department (Where Applicable).. ................$75.00 6. Plan Revisions Subsequent to Permit Issuance....... ...$37.50 plus Cost of Additional Review (Additional Review at $75.00 per hour, half hour minimum charge) 7. Engineering Division Plan Review (Where Applicable).................Additiona|25Yo of Building permit Fee 8. Imaging Fee............... ........Additional 5% of Building permit Fee PLUMBING PERMIT FEES Permit Issuance: l. For the issuance of each plumbing permit........... .......$30.00 (Note: The following are in addition to the permit issuance fee) New Residential Buildings Fee including all plumbing fixtures, connections and gas outlets for new single- and multi-family buildings 1. Fixtures and Vents For each plumbing fixture or trap (including water and waste piping and backflow prevention).......................$12.25 2. Sewers and Interceptors For each industrial waste pretreatnent interceptor (except kitchen-type grease traps). .................$25.00 3. Water Piping and Water Heaters For installation, alteration or repair of water piping or water-treatment equipment, each............ ....$6.00 4. Gas Piping Systems For each gas piping system of one to five outlets... ...........$8.00 5. Irrigation Systems and Backllow Prevention Devices Irrigation system including backflow prevention device(s)...... .............$18.50 Other backflow prevention devices" 6. Swimming Pools For each swimming pool or spa, all plumbing: 7. Miscellaneous For each appliance or fixture for which no fee is 1isted............ .............$12.25 Other Inspections and Fees l. Inspections outside of normal business hours, per hour (minimum charge-four hours)........ .......$75.00 2. Reinspection fee assessed under provisions ofSection 305.8, per inspection..... ....$75.00 3. Inspections for which no fee is specifically indicated, per hour (minimum charge-one-half hour)...................$75.00 4. Imaging fee................ .Additional 5% of plumbing permit fee 5. Plan review where plans are required.. ...............Additional25Yo of plumbing permit fee Note: These fees do not include connection fees, such as for sewer connections or water meter charged by other city departments nor any fees charged by public utility companies. MECHANICAL PERMIT FEES Permit Issuance For the issuance of each mechanical permit........... ..........$30.00 (Note: the following are in addition to the permit issuance fee) New Residential Buildings Fee including all mechanical work including appliances, exhaust fans, ducts and flues Unit Fee Schedule: 1. Furnaces To and including 100 MBTU, each............. .$18.50 2. Boilers, Compressors, Absorption Systems To and including 100 MBTU or 3 HP, each.............. .......$18.50 3. Air Conditioners 5. Air Handlers To 10,000 CFM including ducting., each.............. ............$12.50 6. Ventilation and Exhaust Each ventilation fan attached to a single duct.............. .......$9.00 7. Miscellaneous For each appliance or piece of equipment not specifically listed above........... ...........$18.50 Other Inspections and Fees l. Inspections outside of normal business hours, per hour (four hour minimum charge)..... ............$75.00 2. Reinspection fees assessed under provisions of Section 305.8, per inspection................... .........$75.00 3. Inspections for which no fee is specifically indicated, per hour (one-half hour minimum charge)...................$75.00 4. Imaging fee....Additional 57o of mechanical permit fee .Additional 25%o of mechanical permit fee5. Plan review where plans are required. Note: These fees do not include connection fees, such as for sewer connections or water meters charged by other city departments nor any fees charged by public utility companies. ELECTRICAL PERMIT FEES Permit Issuance (Note: the followingfees are in addition to the permit issuance fee) New Residential Buildings The following fee includes all wiring and electrical devices in or on each building, including service(s) System Fee Schedule Swimming Pools l. Public swimming pools and spas including all wiring and electrical equipment.... $75.00 Temporary Power l. Temporary service pole including all attached receptacles, each.............. .............$30.00 2. Temporary power pole and wiring for construction sites, Christmas tree lots, etc, each....... ......$45.00 OR Unit Fee Schedule Receptacle, switch and light outlets Residential Appliances l. For fixed residential appliances including cooktops, ovens, air conditioning, garbage disposals and similar devices not exceeding I HP (746 Watts) in rating, each.............. ...$6.00 (For other types of air conditioners or other motor-driven appliances having larger ratings, see Power Apparatus) Nonresidential Appliances l. Self-contained factory-wired non-residential appliances not exceeding I HP, KW or kVA in rating including medical and dental devices; food, beverage and ice cream cabinets; illuminated showcases; drinking fountains; vending machines; laundry machines, etc, each....... .........$6.00 (For other types of devices having larger electrical ratings, see Power Apparatus/ Power Apparatus For motors, generators, air conditioners and heat pumps and commercial cooking devices as follows: Ratings in horsepower, kilowatts, kilovolt-amperes or kilovolt-amperes-reactive; 2. Over l0 to and including 100, each............. ..................$35.00 3. Over 100, each.. Notes: .$9s.00 1. For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. 2. These fees include all switches, circuit breakers, contractors, thermostats, relays and other related control equipment. Busways l. For trolley and plug-in type busways, each 100 feet (30,500mm) or fraction thereof.......... .....,..$9.00 Signs, Outline Lighting and Marquees 1. Signs, outline lighting or marquees supplied from one circuit, each.............. .........$30.00 2. For additional branch circuits within the same sign, outline lighting or marquee, each.............. ...$6.00 Services l. 600 volts or less and not over 200 amperes in rating, each.............. .$35.00 2. 600 volts or less, over 200 amperes to 1,000 amperes, each.............. ....................$80.00 3. Over 600 volts or over 1,000 amperes, each.......... .....$150.00 Miscellaneous l. For apparatus, conduits and conductors for which a permit is required but for which no fee is set forth.........$25.00 Other Inspections and Fees l. Inspections outside of normal business hours (Four Hour Minimum)................. ...$75.00 2. Reinspection fees assessed under provisions the Administrative Code.......... ........$75.00 3. Inspections for which no fee is specifically indicated, per hour (one-half hour minimum).. .......$75.00 4. Imaging fee................ ...........Additional5o/o of total mechanical permit fee 5. Plan review fee where plans are required........ ..............Additional25oh of total mechanical permit fee Note: These fees do not include connection fees, such as for sewer connections or water meters charged by other city departments nor any fees charged by public utility companies. STAFF RE,PORT ro: HONORABLE MAYO R AND CITY COUNCIL DATE: September 19,2002 FRoM: Fire Department AGENDA 5cITEM # MTG. DATE LO|T lO2 STIBM BY APPROVED BY SUBJECT: Adoption of Fees charged by the Fire Department in con ons with Pcrmits and Inspections RECOMMENDATION: It is recommended that tlre city council adopt by resolution increased and amended fees to be chargecl by the Fire Department in connection with pennits and inspections. BACKGROUND: At present the, the fire departrnent does rrot charge fees for the various services proviclecl by the fire preve,tion bureau. Recently the City of Burlingame adopted the non-building standards containecl in the 2000 Edition of the Uniforrn Fire Code and the building standards contained in the 2001 Edition of the California Fire Cocle. Within these two documents, the fire departlnent is authorized to issue pennits pertinent to specializecl hazardous uses and the irrstallationof fi re protection/suppression equipment within buildings. The fire department inspects buildings and operations within the city of Burlingarne, whiclr, by the patlrre of their uses.presentahigherriskofincident. InspectionsarealsoconductedinbuildingsthathavebeeniJentifiecltohaveeconomic significance, such that an incident in any of these structures could irnpact tile economic gror.vth of the cit1,. Additionally, tlre fire department is charged with the ettforcement of state regulations within certain occupapcies desigiratecl as stateregulated facilities. A survey of surrounding agencies shows that these recornmended fees are cornparable ancl a very reasonable way torecover costs based on a per hour charge for services provided. The other agerrcies use a per square foot and per urrit charge which we do not feel is the most accurate way to calculate the fees. The fees associated with these permits and inspections are intended to recover actual cost for plan review services, inspection and administrative services. The rates were established by the actual hourly rates of the inclividualsperforming the various services. EXHIBITS: o Exhibit A - Master Fee Schedule for the Fire Department Inspectiorrs. New Copstructiorr. arrd Fire Code permitso Exhibit B - San Mateo County Fee Comparison Report BUDGET IMPACT: The new and increased fees should generate $75,000 to $l 00,000 annually RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING FEES CHARGED BY THE FIRE DEPARTMENT IN CONNECTION WITH PERMITS AND INSPECTIONS WHEREAS, the City has not changed fees for the issuance of construction permits or the inspections conducted by the Fire Department; and WHEREAS, the Fire Department has studied its operating costs, and the fees charged by nearby agencies; and WHEREAS, any subsidy to the costs of providing the City's permitting and inspection services to those who develop and improve real property should be minimized; and WHEREAS, notice ofthe proposed establishment of fees and the hearing on them has been given as required by Govemment Code section 66016, and a notice has also been published in a newspaper of general circulation; and WHEREAS, the Council held a public hearing on October 7, 2002, and considered all comments regarding the proposed increases; and WHEREAS, the proposed increases are fair and equitable, based on actual delivery costs, and consistent with the fees already being charged in other cities on the Peninsula, NOW, THEREFORE, BE IT RESOLVED: l. The fee schedule, containing Fire Inspection Fees, Fire Construction Fees, and Fire permit Fees, as contained in Exhibit A is approved. Pursuant to Government Code section 66017,these fees shall be effective on January 2,2003. Mayor I, Ann T. Musso, City Clerk of the City of Burlingame, do hereby certifr that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of 2002, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: C:\FILES\RESO\bldgfees.bld.wpd City Clerk CITY OF BURLINGAME MASTER FEE SCHEDULE FOR FIRE DEPARTMENT Calendar Year - 2003 I. INSPECTION FEES BUSINESS LICENSE $ 42.75 CARE FACILITIES Pre-inspection of any licensed community care facility 25 persons or less $ S0.OO >25 persons $ 100.00 GENERAL INSPECTION RE.INSPECTION FEE Residential Care Facilities housing more than 6 persons. 7-10 persons more than 10 percons Residential Gare Facilities Group Care housing 6 or less persons Large Family Day Gare Hospita l/! nstitutions RE.INSPECTIONS Second and Subsequent re-inspections* lncludes on-site construction re-inspections* UNDERGROUND TANK Underground Tank Consultation Inspection Cleanup CHRISTMAS TREE LOTS Christmas Tree Lots $ 66.50 -.* $ 11.25 pq*nshu. $ 206.50 $ 272.00 $ 141.00 $ 108.25 $ 276.00 $ 66.50 -*. $ 33.25 -"... $ 33.25 *,.*. $ 66.50 flrr,o,' ,4 CITY OF BURLINGAME MASTER FEE SCHEDULE FOR FIRE DEPARTMENT Calendar Year 2003 !II. NEW CONSTRUCTION FEES DEVELOPMENT SERVICE PLAN CHECK Building or Planning Plan Check SPECIALIZED PERMITS (includes inspections) Fire Alarm Systems Plan Check Permit for monitoring systems Permit for manual systems Permit for automatic systems Permit for combination systems Fixed Extinguishing Systems Plan Check Permit Standpipe Systems Plan Check Permit Storage Tank (above or below) Plan Check Permit High Pile Storage Plan Check Permit - 20,000 sqft or less Permit - More than 20,000 sqft $ 66.50 -.." $ 76.s0.,"-. $ 43.25 $ 43.2s $ 209.50 $ 276.00 $ 76.s0 **,$ 143.00 $ 76.50 -".,$ 148.00 $ 76.50.."* $ 76.50 $ 76.50 -*,$ 143.00 $ 276.00 SPRINKLER SYSTEMS One or Two Family Dwelling Fire Sprinkler System (NFPA 13D) Plan Check S 26.50 **Permit $ 143.00 Fire Pumps Plan Check $ 76.50 -*,Permit $ 7G.S0 Residential or Commercial Fire Sprinkler System (NFPA 13 or 13R) Plan Check $ 76.50 *".- Permit - Single Story (includes T.l.) $ 209.50Permit-Multi-Story $ 226.00 Plan Checks will be calculated in % hour increments. fiit arr 4 CITY OF BURLINGAME MASTER FEE SCHEDULE FOR FIRE DEPARTMENT Calendar Year 2003 $ 85.76/hrFire Marshal Deputy Fire Marshal Fire Captain Shift lnspector Administration $ 66.50/hr $ 70.50/hr $ 65.50/hr $ 40.00/hr HOURLY RATES dV,err y' Fire Code Permits oo (Et o E tr o o tro ooo.o o E tr oo o o .u (! .9, 'E !, Total Aerosol Products 65.53 0.25 1.00 0.50 0.25 124.68 Apartments & Hotels and l\Iotels,10 or less units 70.50 0.25 0.25 0.50 0.25 80.50 Apartments & Hotels and lMotels,11 to 25 units 70.50 0.25 0.50 0.50 0.25 98.1 3 Apartments & Hotels and ltlotels, 26 or greater units 70.50 0.25 1.00 0.50 0.25 133.38 Asbestos removal 66.50 0.25 0.25 0.25 0.25 59.88 Automobile wrecking yard 70.50 0.25 1.00 0.50 0.25 133.38 Battery system 66.50 0.25 1.00 0.50 0.25 126.38 Carnivals and fairs 65.53 0.25 2.00 1.00 0.25 222.97 Combustible fiber storage 70.50 0.25 0.50 0.50 0.25 98.1 3 Combustible material storage 70.50 0.25 1.00 0.50 0.25 133.38 Compressed gases 65.53 0.25 1.00 0.50 0.25 124.68 Commercial rubbish-handling operation 70.50 0.25 1.00 0.50 0.25 133.38 Cryogens 65.53 0.25 1.00 0.50 0.25 124.68 Dry cleaning plants 70.50 0.25 1.00 0.50 0.25 133.38 Dust-prod ucing operations 65.53 0.25 1.00 0.50 0.25 124.68 Explosives or blasting agents 66.50 0.25 1.00 1.00 0.25 159.63 Fire hydrants and water-control valves 66.50 0.25 0.50 0.25 0.25 76.50 Fireworks 66.50 0.25 1.00 0.50 0.25 126.38 Flammable or combustible liquids 65.53 0.25 3.00 0.50 0.25 255.74 Hazardous materials 65.53 0.25 4.00 1.00 0.25 354.03 High-piled combustible storage. 20,000 sqft or less 66.50 0.25 2.00 0.25 0.25 176.25 High-piled combustible storage. [t/ore than 20,000 sqft 66.50 0.25 400 0.50 0.25 325.88 Hot-work operations 66.50 0.25 1.00 050 0.25 126.38 Liquefied petroleum gases 65.53 0.25 1.00 0.50 0.25 124.68 Liquid- or gas-fueld vehicles or equipment in assembly buildinqs 65.53 0.25 100 0.50 0.25 124.68 Live Audiences 66.50 0.25 1.00 0.50 0.25 126.38 Exhibit A Exhibit A Lumber yards To store in excess of 100,000 board feet.65.53 0.25 2.00 0.50 0.25 190.21 IU nesium worki 65.53 0.25 1.00 0.25 0.25 108.30 Mall, covered. Dis booths 1.00 0.25 0.25 108.30 tMall covered For assemb 65.53 0.25 1.00 0.25 0.25 108.30 ItIall covered With o -flame 65.53 0.25 1.00 0.25 0.25 108.30 lVlall, covered. D fuel red ut ment 65.53 0.25 1.00 0.25 0.25 108.30 Motor vehicle fuel-d si stations 190.21 burni 0.25 75.53 anic coati 124.68 Ovens, industrial bakin and d n 108.30 Parade floats 66.50 0.25 1.00 0.25 0.25 109.75 Places of assemb 3.00 239.36 Production facilities 65.53 0.25 2.00 222.97 nical and al effects material 66.50 0.25 2.00 192.88 Radioactive materials 65.53 0.25 0.50 0.50 0.25 91.91 n ui ment 0.25 2.00 0.50 0.25 192.88 air Ga 0.25 0.50 0.25 124.68 n and 0.25 1.00 0.50 0.25 124.68 ents, cano ies and membrane structures 66.50 0.25 1.00 0.50 0.25 126.38 Tire stora e 70.50 0.25 1.00 0.2s 0.25 115.75 Wood ucts 70.50 0.25 1.00 0.25 0.25 115.75 65.531 0.251 6s 531 o 25l 2 0ol o 50l 0.251 65.531 o.5ol o 25l 0 251 65.531 o 25l l ool 0.501 0.251 65 531 0.251 1.ool 0 251 0 2sl 65.531 0.251 0.251 0.251 l ool o 25l 0.501 0 251 66.501 65.531 l ool 65 531 FEE COMPARISON MATRIX SERVICE Burlingame San Mateo Millbrae Hillsborough General Inspections $66.50/hr $l l8/hr $56.004r $7s.00 Re-inspections (including construction)$66.50/hr Sl l8/hr $60.00/hr $l3s-t8s New Business Licenses $42.75 each $l12.00/hr N/A N/A Care Facilities - Pre-lnsp. 25 persons or less $s0.00 N/A N/A ss0.00 Care Facilities - Pre-lnsp. >25 persons $ 100.00 N/A N/A $50.00 Residential Care 7 -10 persons s206.s0 Sl l8/hr N/A $0. l0/sqft Residential Care +10 persons $272.00 $ I l8,trr N/A $0. I O/sqft Group Care 6 or less persons $141.00 $l18,4u N/A S0. I Oisqft Large Family Day Care sl08.2s Sl l8/hr $l10.00 $0. l0/sqft HospitaVlnstitutions $276.00 $l l8/hr N/A N/A Underground Tank Inspections 533.251.25 br s 123 .00 N/A $65.00/hr Christmas Tree Lots $66.s0 s60.00 $210.00 General Plan Check $66.50/hr $l12.00/hr $0.21lsqft $65.00/hr Fire Alarm Systems $ 177.00 - Plan Check $76.50/hr s 194.00 $0.07lsqft - Permit for monitoring systems $43.2s $0.07lsqft s 175.00 - Permit for manual systems $43.25 S0.07lsqft $ 17s.00 - Permit for automatic systems $209.50 $0.07lsqft $ 17s.00 - Permit for combination systems s276.00 $0.07lsqft s 17s.00 Fixed Extinguishing Systems $50.00 N/A - Plan Check S76.5O/hr $194.00 - Permit s143.00 $118.00 Standpipe Systems 75% Bld. Prt N/A - Plan Check S76.50/hr s 194.00 - Permit $ 148.00 $0.08/sqft Storage Tanks $ r 89.00 s2r0 $6s - Plan Check $76.50/hr - Permit s76.60 Hieh Pile Storase s128.00 $2r0 N/A - Plan Check $76.5O/hr - Permit - 20,000 sqft or less s143.00 - Permit - More than 20,000 sqft s276.00 Sprinkler Systems 75%Bld.Prt - Plan Check $76.5O/hr $194.00 W/Permit I & 2 Familv Dwelling Permit $ 143.00 $l18.00 $0.07lsqft Residential or Commercial Permit - Single Story s209.s0 $0.08/sqft $0.07/sqft Residential or Commercial Permit - Multi Story s276.00 S0.08/sqft $0.07/sqft Fire Pump Permit $76.s0 N/A UFC PERMITS Apartments/Hotels/Motels, 10 or less units s80.s0 $ 100,$ 10.15/unit $ I I .O0/unit N/A Apartments/Hotels/Motels, l1 to 25 units s98. l3 $ 100,$ 10.15/unit $l 1.00/unit N/A Apartments/Hotels/Motels/26 or greater units $ 133.38 $ I 00,$ 10. I 5/unit Sl 1.00/unit N/A Carnivals & Fairs s222.97 $l12.00/booth N/A s 150.00 Fire Hydrants & Water Control Valves $76.s0 $ I 18.00/hr N/A $75.00 Motor Vehicle Fuel-Dispensing Stations $ 190.21 $ 123.00 N/A N/A Places of Assembly $239.36 $ 123.00 $205.00 $300.00 fivrltdtt I AGENDA 7a 10t7 to2 HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BYSeptembet 24,2OO2 APPROVED INTRODUCE AN ORDINANCE TO AMEND SECTION 1 15 TO REDUCE SPEED LIMIT ON OCCIDENTAL AVENUE BETWEEN BARROILHET AVENUE AND EL CAMINO REAL TO TWENTY-FIYE MILES PER HOUR RECOMMENDATION: lntroduce an ordinance to amend Section 13.24.015 to reduce the speed limit on Occidental Avenue by: Requesting the City Clerk to read the title of the proposed ordinance. Waiving further reading of the proposed ordinance. Introducing the proposed ordinance. Directing the Clerk to publish a summary of the proposed ordinance at least five days before its proposed adoption. BACKGROUND: The City received the attached letter by a resident of Occidental Avenue requesting action be takento 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 concerns were high vehicle speeds on Occidental Avenue and sight-visibility at the intersection of Occidental Avenue and Chapin Avenue which posed a potential hazardto 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 intersections. 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 Chapter 13.24.015 for a speed limit of 30 mph as follows: STAFF REPORT #ITEM MTG. DATE TO: DATE: FROM: SUBJECT: PUBLIC WORKS BY 1. 2. J. 4. a a S:\A Public Works Directory\Staff Reports\Occidental Speed Limit.wpd Staff Report September 24,2002 Page 2 "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;1 (b) Hillside Drive between Alvarado Avenue and El Camino Real. 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 Street Maintenance budget for re-signing Occidental Avenue. EXHIBITS: Ordinance Resident Letter TSPC Minutes - September 12,2002 Traffic Engineer (6s0) ss8-7230 City Clerk Police Department TSP Commission cc S:\A Public Works Directory\Staff Reports\Occidental Speed Limit.wpd ORDINANCE No. ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 13.24.015 TO REDUCE THE SPEED LIMIT ON OCCIDENTAL AVENUE BETWEEN BARROILHET AVENUE AND EL CAMINO REAL TO TWENTY-FIVE MILES PER HOUR The CITY COTINCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Currently, Occidental Avenue between Barroilhet Avenue and El Camino Real is legislated at a 30 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 13.24.015 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) 1 Peninsula Avenue between El Camino Real and California Drive; and (b) 1 Hillside Drive between Alvarado Avenue and El camino Real. 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. 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 certifu that the 1 a foregoing ordinance was introduced at a regular meeting of the City Council held on the _ day of 2002, and adopted thereafter at a regular meeting of the City Council held on the _ day of 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COI.INCILMEMBERS: City Clerk C :\FILES\ORDINANC\speedoccidental. pwd wpd 2 10 Tanya McVeigh Peterson 340 Occidental Avenue Burlingame, CA 94010 (6s0) ssE-07sE April 18,2002 Ms- Doris Mortensen Secretary - Traffic Safety & Parking Commission City Hatl - 501 Prirnnose Ave. Burlingarne, CA 94010 R,e: BEnd Intersection end Excessive Speeding at Chapin and Occidentd Avenue* Dear Ms. Mortensen: I recently made a complaint to the Burlingarne Police Department with respect to an intersection n€ar my husband's and my Ircnrc at lvhich we have both witnessed several ne6.rccidentsirvolvingbothvehictesadpedestrim.s. Su@ue,tttomycorrylaint,my tusUan4 Rich, spoke at lengthwith Sergeant Darm Cutler who reconrmended that we write you to request to be placed on your trafrc safety cormd$ion meeting agenda at the earliest date possible so that my hirsbard and I can discuss this issue with the commission in detail As backgroun{ ufren vehicles or @estrians travel west on Chapin Avenue from El Camino Real, they encounter a blind intersection at Occidental Avenue. Tk ftct that Occidental and C1rrpin Avenues do not imersect at,riglrt angles creates tk blind mtrne ofthis intersectbn. However, the fact that there is m stop sign at this intersetiorU in addition to the high overall rate of speed (very comnon for speeds to reach 45-50 MPH as cars specd northward down Occidental Ave. towards Chapin Ave., either turning right at Ctmpin Ave. or continuing down to where Occidental Ave. and El Camino Real meet), conffiute to this dangerous situation. It is my opinion, and that of nearty all ofour neighbors with wlrom we have spoken, that tw'o things need to be addressed here - speed ard the blind intersection And it seems very possiible to all ofus tht both issues could be addressed bythe installatbn of stop signs on Occidental Ave. and its cross streets at Burlingame and Chapin Avenues. I understand from my husband's conversation with Sergeant Cutler that this situation cannot be solved overnight and that there are a variety of procedures in place to address tk same. As such rry husband and I verymuch look forwmd to discussing this issue with the commission and hold hope that sonrething can be done to demonstrably inprove this situation before there is a serious injury or death to a rnotorist arxC/or pedestrian here. In advance, thank you very much for your consideration of this request- ;-iC e Yours CC: Hon Cathy Baylock- Burlingame City Council Mr. Hamayoun Barekat - Traffic Engineer, City of Burlingarne Sgt. Dawn Cutler - Burlingame Police Department ru,Ktu 6 APR 2 2 2A02 3 \ TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2002 1. CALL TO ORDER. 7:00 p.m. by Vice Chair Evans. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. 3 of 5 Commissioners present. 4. CURRENTBUSINESS. 4.1 ACTION ITEMS. 4. 1 .1 Approval of Minutes for August 8, 2002 The minutes were submitted and approved with one correction of ltem 4.2.1, first paragraph: replace the last sentence with "chair Mclver suggested meeting first with the C-l and c-3 areas (including Burlingame Plaza) during the regular September Traffrc 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 nexl regular Traffic Commission Meeting and the other commissioners agreed. 4.2 DISCUSSION ITEMS. 4.2.1 Millbrae BART Station - Parking Impacts on City streets - 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 commercial area so that the city can proactively address potential parking problems posed by BART parking in this area. From the floor, Mr. Pearce 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 El 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 - ktter Mr. Chou advised that after looking at speed limits on other streets, staff is comfortable with consideration of reduction of the speed to 25 mph on Occidental Avenue. Sgt. Cutler advised she had spoken with two Traffic commissioners - one might have a problem with it, the other would The City of Buriingame Page 2 TRAFFIC, SAFEry AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2002 not as long as it was a legal Engineering traffic study and 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 staff would look at making it 30 mph, they will look at other factors to justiff 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. Metcalfe stated exiting her driveway is very difficult with speeding traffic going by. She recommends stop signs and 25 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 off of El Camino Real and go speeding by all the time. Mr. Erbacher advised that there have been only two accidents in the 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 commission recorlmends stop signs to Council, staff would disagree. Vice Chair Evans supports lowering the 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 enlarged speed limit signs. Sgt. Cutler advised that the speed would be radar-enforced as a result of the speed survey. It was moved and seconded (Comms. 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 enlarged speed limit signs and two 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 well. Mr. Erbacher stated that speed markings on pavement are usually not done due to maintenance 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 Meeting - 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 meetings; and list of RTCP requests awaiting funding. Vice Chair Evans will be absent from this meeting. 4.2.4 Request 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 distance is a Hillsborough issue. The City of Burlingame Page 3 TO: STAFF REPORT AGENDA Tb ITEM # MTG. DATE 10.07.02 HONORABLE MAYOR AND CITY COUNCIL SIIBMITTED DATE SEPTEMBER 30. 2OO2 APPROYEb FROM: CITY PLANNER SUBIECT: REPORT ON CITY ROLE IN MILLS-PENINSULA HOSPITAL REPLACEMENT RECOMMENDATION: This is an update on the city's future role in the replacement of the Mills-Peninsula Hospital including a new medical office building on the present hospital site on El Camino at Trousdale Drive; and how that potential project fits into the city's on-going Specific Area Plan study for the northern end of the City including Rollins Road. BACKGROUND: In the Spring, City Council decided to undertake a major advanced planning program for the north end of the city. The study boundary was defined as Rollins Road from Broadway to the City line with Millbrae and the area east of the railroad tracks bounded by Dufferin-Davis to Marco Polo-Ogden to Murchison (the Millbrae city boundary). The focus of the North End/Rollins Road planning study was to initially examine the area and then select a specific area planning area from within the broader study area. The North End area was of planning concern since it was the area which had the greatest potential for impact from the Millbrae BART (end of the line) station. One of the largest properties in single ownership within the North EndlRollins Road study area is the 23 acres owned by the Hospital District. While the future site development ofthe hospital will be directed by the Hospital District, a public agency, the city's North End planning study will have to take into account the access points and other features of the proposed development of the hospital site, when they are determined. If the use of the hospital site is not determined before our North End planning effort is completed, then the hospital site will have to be identified as a "hole" in our plan; and we can offer to the hospital district input from the land use and design recommendations in our plan. If the hospital project is submitted before we have completed our plan and the hospital site is apart of the selected Specific Area Planning Area, we can incorporate into the SAP plan interactive policies and design guidelines for the development. The city has no jurisdiction over the Hospital District in the disposition of their site or what hospital services they offer to the tax payers within their district. The California Environmental Quality Act allows the Hospital District to prepare the environmental document for any change to their services, land ownership and/or facilities. This could be a "program" environmental review or EIR, similar to the kind of environmental evaluation the city did for the Housing Element. It would not preclude the preparation of a "project" environmental document on an expanded hospital project. Under CEQA the replacement of only the existing facilities at the hospital are exempt from environmental review if the project is just one of replacing the facilities presently on the site. BY BY ,/r,141r REPORT,ON CITY ROLE IN MILLS-PENINSALA HOSPITAL REPI^ACEMENT OCTOBER7,2OO2 The present hospital site is zoned Unclassified. Unclassified is a zoning applied to land owned by the public' The zoning ,"quir", a conditional use permit when a use on the site is changed or expanded by adding other uses. How.r"., if u site zoned Unclassified changes from public to private ownership, it is no longer eligible for an Unclassified zoning designation and must be appropriately rezoned. In some cases the General Plan must also be amended so that the land use designation is consistent with the new private use. Because of the Unclassified zoning any redevelopment project on the hospital site, so long as the land is owned by the Hospital District, is sudect to a conditional use permit. If the proposed project includes a medical off.. buiiding then environmental review is also required. This "project" environmental document will be based on the pioposed uses and construction plan. The city should consider preparing the environmental docum.nt for the project. However, it is not the city's responsibility to prepare any required CEeA evaluation of program*uiir factors affecting the project such as land ownership, services offered in the hospital, changes in the role and function of the Hospital District. These factors need to be presented as given *hen the phys-ical project is presented since they affect the General Plan, zoning and very criteria used by the City to evaluate the project. Interestingly CEeA designates to the Hospital District, as a public agency, the primary role of lead agency in the preparation of the ntR on the proposed hospital project. Moreover, because of action by the State fegislatuie, if the project were simply the replacement of the exiting hospital facility it would be exempt from CEQA However, sinle the proporidproject, as we have seen it so far, include a medical office building to be leased to doctors practicing in the hospital, the "proposed" project will not be exempt from CEQA. In the case of the Hospital District being lead agency in the preparation of the environmental document, the City would be a responsible agency. As a responsible agency the City could comment on, require evaluative stuiies, and influence the outCome of the environmental review which would then become the environmental document for the conditional use permit action for the City. At public hearing for the conditional use permit, the City could require modifications to the project, implement mitigations and address non-environmental issues which addriss site specific issues. Since an EIR is a third parly, technical disclosure document its content should not be affecled by which agency prepares it. If the city is to prepare the future hospitaVoffice project EIR, the city must receive from the Hospital District deferral of their role as lead agency to the City. A Note about Environmental Review for the Hospital There seem to be two issues in replacement of the hospital. One is the future role of the Peninsula Hospital District in providing health serviCes to its servic e area. The other issue is the replacement of the hospital structure with a seiJmically sound facility by 2013. Both issues may be subject to CEQA evaluation- It is staffs opinion that it is not the function of the city to prepare the "program Efit."' on those things that compose the futuie role of the peninsula Hospital District. Under CEQA the Hospital District is lead agency, publicly elected, and should represent all oflhe constituents of the district on the matter of the function and services of the public agency. As noted above the Hospital District as lead agency may choose to defer to the City and the tity can accept, the responsibility for preparing the "project EIR" focused on proposed demolition and new construction on the current hospital site subject to CEQA - not the future of the Hospital District itself. One never knows how the technical studies for an environmental evaluation report will come out. It is the responsibility of the lead agency preparing the EIR ("program" or "project") to make any findings of over riding .onc"in when the EIR identifies that there will be a "substantial and unmitigatable environmental effeci". It is more appropriate for the Hospital District, which represents all the taxpayers within its jurisdiction, to make inyfindings of over riding concern for the "program" changes the District Board's a REPTORT ON CITY ROLE IN MILLS-PENINSULA HOSPITAL REPLACEMENT ocToBERT' 2002 policies and actions will cause. These changes may include sale of district property, range of services offered Ly the district, even how the district will continue as an taxing entity It is possible, as lead agency for a ..project" for which these issues have not been decided, that the City Council could find themselves facing making findings of over riding consideration in these policy areas which go beyond the city's boundaries and jurisdiction. As staffunderstands CEQA it is the choice of the city to accept the responsibility as lead agency in preparing a "project" EIR. The Hospital District may refuse their role as lead agency, but we must accept their uppli*tion for a conditional use permit. . If the role of lead agency is in dispute, then an appeal is made to ttre Omce of planning and Research which oversees CEQA in Sacramento and they decide It i1 staff s opinion that the "program" environmental document is clearly the jurisdiction of the Hospital District. If required by the addition of the medical oflice building, the "project" EIR for actual construction of the new facilities is more likely to been seen by OPR as the City's responsibility. A final note. In addition to the North End/Rollins Road Specific Area Plan, staffis also preparing in house an Update for the Bayfront/Anza Specific Area Plan, working on the implementing ordinances for the Housing Element Work Program; and continuing to process the Safeway project and a major hotel on the Bayfront. Attached is a time line that shows the time commitment and simultaneous progless of all of these active programs. Because of budgetary constraints the Planning Department has deferred replacing our vacancy in ihe ilerical position for four months. The department has also recently lost aZoning Technician which reduces our current planning technical staffrng. In order to meet possible budget reduction targets for FY 2002-2003 we may not be able to fill both of these positions this fiscal year or next. It should be further noted that, given our present Planning work load and staff shortage, should the Council accept the role as lead agency for the "project" EIR at the hospital, the hospital developer will be asked to fund a technical consultant to supplement planning staffand, of course, to pay for the environmental consultant. Attachments: Planning Department Memo, August 20,\OO2,Re: Preparation of CEQA Documents for Replacement of Mills-Peninsula Hospital, with attachments. Planning Projects 2002-2003 Pert Chart, September 2002 TO PLANNING DEPARTMENT MEMORANIDUM City Council Meg Monroe, City Planner August 20,2002 FROM: DATE: SUBJECT: Preparation of CEQA Documents for Replacement ofMlls-Peninsula Hospital At a recent meeting, City Council asked Jim Nantell to prepare for you a list of "pros and cons'' regarding having the city be responsible for the preparation ofthe environmental documents for the Mills-Peninsula Hospital District. Replacement of seismically unsafe hospital facilities have been statutorily exempt from CEQA. However, because the current proposal for the hospital replacement, includes possible land transactions, disposition ofother issues possibly subject to public vote as well as inclusion of a 150,000 GSF office building in the hospital replacement project, it appears both the items subject to election and the construction project will be subject to CEQA. \ Attached you will find a staff analysis of the city or the Hospital District preparing the environmental documents. Since this analysis was prepared by city stafi, we asked Carol Groom if she would be willing to prepare a similar analysis from the Mills-Peninsula Health Services perspective. We have not yet heard from Ms. Groom. When we do we will forward her comments under separate cover. We would note that this attachment is for your use and not public distribution since this picture is evolving as we speak. RAMIFICATIONS OT' CTTY PREPARING ENYIROI\TMENTAL DOCUMENT X'OR DEYELOPMENT PROGRAM A}TD/OR CONSTRUCTION PROJECT TO REPLACE MILLS PEIYINSI]LA HOSPITAL The hospital structure at ll83 El Camino Real is seismically unsafe, and is required to be removed or replaced by 2013. Over the past several years the Hospital District (a public agency with an elected board ) has joined with a private hospital located within the district's boundaries. The Mills-Peninsula Hospital Services (a public-private agency) separate from the District Board, is working with Sutter Health Services (a private non-profit agency) to build a new hospital and 150,000 SF office building. The first two floors or so of the 150,000 SF office building will house the administrative offtces of the new hospital and the upper floors will be leased to doctors. It appears at this time that, because of the offrce building, the replacement of the hospital is not statutorily exempt from the California Environmental Quality Act. (CEQA). The Hospital District owns about26 acres of land on which the existing hospital is located. The district has been doing site planning focusing on the land use planning and health services which would be provided on the entire site. The first plan presented to the City included a hospital on l0 acres and a series of medical office buildings on the remaining 16 acres. The l0 acres would have been leased by the private-nonprofit hospital developer (Sutter Health), and the remainder of the site retained and later developed by the Hospital District. Over time the site planning has evolved to the entire site being occupied by a hospital and a 150,000 GSF administrative/medical office building. ln this subsequent plan about 9 acres at the back of the site offMarco Polo Way have been left vacant, designated as "open space" with no long term use indicated. At this time the District Board has not adopted a development plan or services program. Because it is a public taring agency, if the Hospital District were to dissolve or sell its property the issue must be put on the ballot. To go on the ballot the development plarq health services plan and land sale (if proposed) must include a completed CEQA evaluation. Once the voters have approved a development plaq health services plan and disposition of the land, the applicant must prepare a detailed construction project for replacement of the hospital. Ifthe properly is to be sold to a private entity it must be rezoned. ln any event, under current or new zoning, the proposed project must be reviewed and approved by the City. This project would include location of buildings, parking facilities, access, landscaping, utillty capaclty, availability of public services, etc. The construction project will require a CEQA document, more specific than the development plan/program document prepared for the election. Under the California Environmental Quality Act (CEQA), either the Hospital District or the city (with Hospital District permission) may be lead agency for the preparation of the environmental analysis for eithir the development plar/program or the construction of the project. If the environmental review is done in two steps, different agencies could prepare each report. The table that follows looks at the ramifications ofthe crty preparing both documents. Ro;nificdions OlCig nqofigEn*onmatatDoqnp* Fu D*doptoil ProgronAnilOrCorctnction hojectTo Rf,iuMilb' Penirlrn.lailwpitot AagtiZ0' 21fi2 HOSPITAL DISTRICT PREPARES ENVIRONMENTAL DOCUMENT CITY PREPARES ENVIRONMENTAL DOCUMENT . Clty is not directly involved in the issue of what services in hospital and who owns it (public or private). . Crty can participate as a player and advocate city's planning agenda independently of health service changes and future of District. o District controls health delivery issues; the city is not a part ofthat discussion.o Dishict Board implements its vision of its future and role in health care service delivery. . Council will be pushed to take a position on regional health care issues- will need to take time to become informed and responsible for an informed opinion on something beyond city's jurisdiction. . Will shift political pressure offthe Hospital District Board.. Public may not understand the limitations of the city's control granted by the environmental review process. . Council will be empowered to address kind of hospital and who owns it in the future, as a part of determination. r Issue of disposition of the District's land and services offered by the hospital are not a city Council election issue in November '03. . Allows for an election on disposition ofthe land and hospital's services, also on the District's future in the Marchtime frame. e Essential to District's agent Sutter Health (agency funding construction) to proceed in timely fashion to keep the design team on schedule and avoid delays which will increase the cost of the project. . Hospital should be under construction within a of and well before 2013 o Will keep the issue of hospital replacement/land ownership/district control alive through the November'03 election.r Because of controversy, will require attendance at additional special meetings for review. r Diverts City Council and Citizens energy from other critical civic issues. . Clty may needto prepare technical studies to counter EIR, if document is too self serving, city may be forced by residents to sue Disrict.. Crty can participate as responsible agency to make sure appropriate mitigation measures are included in EIR. . Hospital district and their developer will have to deal with city involvement in their decisions and district will need to relinquish some control.. Crty will have more control over the validity of the content of the environmental document. . Can make sure that appropriate mitigation measures for the hospital project are included in the EIR. -2- S : Weninmla HospitalWmiftcatiot settingS. I 2.0 2wDfi 2.doc Health Service/District Issues STAFF REPORT TO: IIONORABLE MAYOR AND CITY COTJNCIL DATE: Septemberl9r2002 FRoM: Rahn Becker, Assistant City Manager AGENDA 8aITEM # MTG. DATE rolT lo2 BY BY 650-558-7222 SLJBJECT: Resolution Authorizing Transfer of Funds for 2001 RECOMMENDATION: Approve the resolution adjusting selected appropriations as described below. BACKGROUND: Although the 2001-02 budget expenditures were within total appropriations (approximately 97%o of the budget was spent--$940,000 under budget,) several programs exceeded budget for unanticipated circumstances. Some overages occurred due to the completion ofthe accounting for the allocation for computer services. In the adopted budget, we indicated that the main computer for accounting and water billing had not yet been allocated. The result was a reduction of about $300,000 in the Administration/Information Services Budget, and an increase in all operating budgets by the same amount. BUDGET APPROPRIATION TRANSFERS DEPARTMENT FT]NDING SOURCE AMOUNT EXPLANATION City Clerk Non Dept'I.$25,000 costs, date slgrage project City Auorney Planning $17,000 Outside legal costs Retiree Health Non Dept'I.$4,000 Health co sts underestimated Fire Police $73,000 Computer cost and compensated absence allocation Building Engineering.$20,000 Computer cost allocation Streets Engineering $24,000 9-11 response; computer cost allocation Library Police $30,000 Computer cost allocation; part time salaries Recreation Police $46,000 Computer cost allocation; part time salaries Water Water Retained Earnings $11,000 Computer cost allocation; part-time salaries to eqver disability time Capital Projects BHS Football Field Reimbursement 940,627 Allocate to costs for Village Park, Laguna Park and Washington Park Baseball Field Work TOTAL $294,627 ATTACHMENTS : Resolution a CITYOF BURLINGAIIIE APPROPRIATION TRANSFER REQUEST DATE: September 79, 2OO2DEPARTMENT Various 1. REQUESTTRANSFER OF APPROPRIA BELOW:l IUNU A5 LIU I tsU PROJ AMT DESCRIPTIONFUNDDEPTOBJT See Attached290,627.00 See Attached290,627.00 FROM: TO: BY:DATE: ?- Jo - oL Justification (Aftach Memo DEPARTMENT HEAD Necessary) DArE q'zo 'Oz- FINANCE DIRECTOR ACTION NOTCOUNCIL REQUIRED Remarks: DATE:,)0-OJ AS REVISEDAS REQUESTED3. Remarks: RESOLUTION_ RESOLUTION OF THE CITY COUNCIL OF THE CITYOF BURLINGAME APPROVING TRAI{SFER OF FUNDS FOR FISCAL YEAR 2OO{.2002 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 requeted the transfer of certain funds as described in said Request and WHEREAS, the Finance Director has approved said Request as to accounting and available balances, and the City Manager has recommended the transfer of funds as sed forth hereinabove: NOW, THEREFORE, lT lS HEREBY ORDERED AND DETERilI}{ED 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 certiff that the foregoing resolution was introduced at a regular meeting of the City Council held on the day following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS and was adopted thereafter by the CITY CLERK L:\Forms & Templates\Transfer Request.doc BY: Transfer From Amount Transfer To Amount Program Account Program Account Non Dept. Programs Non Dept. Programs Non Dept. Programs Planning Engineering Engineering Police 10164560-240 $ 101-64560-240 $ 101-64560-210 $ 101-64400-210 $ 101-66'100-030 $ 10166100-031 I 10165100-030 S 20,000 City Clerk 5,000 '101-64200-110 $ 25,000 101-64550-040 $4,000 17,000 20,000 24,000 30,000 46,000 73,000 101-64350-210 S 101-65300-702 $ 4,000 17,000 20,000 24,000 149,000 Other Emp. Benefits City Attorney Building Streets Library Recreation Fire 10166210-011 $ 10167500-702 $ 101€8010-702 $ 101-65200-702 S General Fund $ Water Retained Earnings 526-26010 $ BHS Football Field Reimb. 320-80530-010 $ 239,000 1 1,000 Water $ 239,000 526-69020-220 $ 11,000 3 6,867 33,757 I q,627 40,627 Laguna Park Playground 320-78/.70-01 Village Park Playground 320-7U80-01 Wshington Park Basebal 320-801 90-01 0$ 0$ 0$ City of Burlingame Exhlbit Detailing Year End Appropriation Transfera FEcal Year 2001-{r2 , STAFF REPORT TO: HONORABLE MAYOR AIID CITY COUNCIL DATE: September2012002 FRoM: Rahn Becker, Assistant City Manager 650-558-7222 SLTBJECT: Resolution Authorizing Loan to Sewer Fund AGENDA 8bITEM # MTG. DATE rolT lo2 BY BY APPROVED RECOMMENDATION: Approve the Resolution BACKGROUND: As part of the various reports on our financing problern, staffhas summarized the revenue shortfall for water and sewer funds. The sewer fund, in particular has had a cash squeeze dating back to last year. This has required deferring capital improvements transfers. The long term plan provides for an operating reserve to resolve this problem. As a short term action, I recommend a loan from the self insurance fund to the sewer fund to provide an operating reserve that will insure sufficient cash flow. The sewer fund would pay interest to the self insurance fund based on the average yield of city investments. This approach was taken a few years ago with the water fund. That loan has been fully paid back to the self insurance fund. ATTACHMENTS: Resolution \- CITY OF BURLINGAME APPROPRIATION TRANSFER REQUEST DATEDEPARTMENT t NTOUCST TRANSFER OF APPROPRIATIONS AS LISTED BELOW: DESCRIPTIONDEPTOBJTPROJAMTFUND 750,000.00 Self lnsurance Fund - Unreserved Retained Eamings61826010 Sewer Fund - Loan Due to Self lnsurance Fund52722030750,000.00 FROM: TO: BY:a5re:n-7c)^02- Justification (Attach Memo Necessary) DArE 9'20-02' 2.COUNCIL FINANCE DIRECTOR ACTION NOT REQUIRED Remarks: BY:DATE:-0 AS REVISEDAS REQUESTED Remarks: RESOLUTTON_ RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF BURLINGAiiE APPROVING TRANSFER OF FUNDS FOR FISCALYEAR 2002-2003 RESOLVED, by the City Council of the City of Budingame, that WHEREAS, the Department herdnabove named in the Request for Appropriation, Allotment or Transfer of Funds has requested the transfer of cerlain funds as described in said Request: and UUI{EREAS, 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 At{D DETERIf,INED 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 cedify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS and was adopted thereafter by the CITY CLERK L:\Forms J, STAFF REPORT AGENDA 8cITEM # MTG. DATE r0l7lo2 TO: HONORABLE MAYOR AND CITY COUNCIL DATE: September12,2002 APPROVED FRoM: Rahn Becker, Assistant City Manager/ Administrative Services Director 650-558-7222 suBJECr: Approve Annual Report of the District; Adopt Resolution Of Intention To Continue San Mateo County Tourism Business Improvement District, To Establish The Basis For And To Levy The Assessments For The District For The Year 2003, And To Set Dates For Public Hearings On The District And The Proposed Assessments RECOMMENDATIONS: 1. Approve Annual Report. 2. Adopt Resolution Of Intention Setting Public Hearing For 7 P.M., Monday, November lB,2OO2. DISCUSSION: The San Mateo Convention and Visitors Bureau has administered the Business Improvement District (BID) since its inception, and has now submitted its annual report on the activities of the District. The Resolution of Intention is a required part of the renewal process, and will be followed by a public hearing at the next council meeting. The District encompasses much of San Mateo County, including the unincorporated areas and the areas within most of the cities in the County. Burlingame acts as lead agency for the District, setting the annual assessments and processing the collected assessments. The County and participating cities collect the assessments on a monthly or quarterly basis and remit the assessments to Burlingame, which by agreement with the Bureau pay this over to the Bureau as district provider. The assessment for 2OO2 was about $1.4 million. The assessments for 2003 will be on the same basis as for 2002. The programs for 2003 will remain generally the same as described in the annual report. Attachment Annual Report of the District Proposed Resolution of Intention Distribution Anne LeClair, SMCCVB BY BY San Mateo County convention & visitors bureau 111 anza boulevard suite 410 burlingame CA 94010 phone 650.348.7600 800.288.4748 www.visitsa n mateocou nty.com fax 650.348.7587 San Mateo County conventiot\ ohd" visltors buruu Tl.9"41, "llk 9.-* Faza,,a,rco W A,rr- Septembet 10,2002 Burlingame City Council 501 Primrose Rd. Burlingame, CA 94010 Dear Members of the Council Enclosed, please find a copy of the San Mateo County Tourism Business lmprovement District/San Mateo County Convention & Visitors Bureau annual report. While it has been a trying year for our hotels and all hospitality-related businesses in the area, the good news is that through the TBID, we have been able to market the region as never before and book group business at a record pace. Our recommendation is that we retain the current year's assessment formula for the year 2003. Please let us know if you have any questions. I will be happy to present a report at one of your October Council meetings. As always, we thank you for your support as lead agency for the TBID. Sincerely, a^<trl'i Anne LeClair President and CEO Cc: Stephanie Ryan Jim Nantell Larry Anderson Rahn Becker RESOLUTION NO. RESOLUTION OF THE CITY COTJNCIL OF THE CITY OT BURLINGAME DECLARING ITS INTENTION TO ESTABLISH ASSESSMENTS FOR THE 2OO3 YEAR TIIE SAN MATEO COTINTY TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the San Mateo County Tourism Business Improvement District was established for the purpose of promoting tourism in the District through promotion ofscenic, recreational, cultural, hospitality, and other attractions in the San Mateo County region; and WHEREAS, the San Mateo County Tourism Business Improvement District Advisory Board has filed its 2002 annual report and requested the Burlingame City Council to set the assessments for the 2003 year; and WHEREAS, the San Mateo County Tourism Business lmprovement District through the City's agreement with the San Mateo County Convention and Visitors Bureau has established a basic foundation to promote tourism in the District and the programs for the coming year should significantly help the hospitality industry bridge the current economic slump; and NOW, THEREFORE, the City of Burlingame does hereby resolve, determine, and find as follows: 1. The 2002 annual report of the San Mateo County Tourism Business Improvement District Advisory Board is approved. 2. The Burlingame City Council intends to levy an assessment for the 2003 year on hotels in the District, as the District is described in Ordinance Nos. 1648 and 1678, to pay for progftrms and activities of the District. 3. The types ofprograms and activities proposed to be funded by the levy ofassessments on hotels in the District are set forth in Exhibit "A", incorporated herein by reference. These programs and activities are without substantial change from those previously established for the District. 4. The method, basis, and amounts for levying the assessments on all hotels within the District are set forth in Exhibit "B", incorporated herein by reference, and would retain the same I basic formulas as those used in the previous year. This means that the assessments for most hotels would be the same as the previous year, unless the number of hotel rooms in the hotel had been reduced or increased. 5. New hotels shall not be exempt from assessment. 6. A public hearing on the proposed assessments for the year 2003 is hereby set for November 4,2002, at7:00 p.m. before the City Council of the City of Burlingame, at the Council Chambers at 501 Primrose Road, Burlingame, California. 7 . The Council will receive testimony and evidence at the public hearing, and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk at 501 Primrose Road, Burlingame, CA 94010. 8. Oral or written protests may be made at the hearing. To count in a majority protest against the proposed assessment for the 2003 year, a protest must be in writing and submitted to the City Clerk at or before the close of the public hearing on November 4,2002. A written protest may be withdrawn in writing at any time before the conclusion of that public hearing. Each written protest shall identifu the hotel and its address. If the person signing the protest is not shown on the official records of the City of Burlingame as the owner of the hotel, then the protest shall contain or be accompanied by written evidence that the person is the owner of the hotel. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the inegularity or defect to which objection is made. 9. [f at the conclusion of the public hearing, there are of record written protests by the owners of hotels within the District which will pay fifty percent (50%) or more of the total assessments of the entire District, as to the proposed assessments for the 2003 year, no assessment for 2003 year shall occur. If at the conclusion of the public hearing there are of record written protests by the owners ofhotels within the District which will pay fifty percent (50%)or more of the total assessments of the entire District only as to a program or activity proposed, then that type of improvement or activity shall not be included in the District for the 2003 year. 10. Further informationregardingthe proposed assessments and changes and procedures for filing a written protest may be obtained from the City Clerk at City Hall, 501 primrose Road, Burlingame, California, phone 650 - 558-7203. The annual report ofthe San Mateo County Tourism Business Improvement District is on file and available at the Office ofthe City Clerk at 501 Primrose 2 Road, Burlingame, Califomia. I 1. The City Clerk is instructed to provide notice of the public hearing by publishing the this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements ofthe Government and Streets & Highways Codes and mailing them in accordance with those requirements and Ordinance Nos. 1648 and 1678 as applicable. MAYOR [, ANN T. MUSSO, City Clerk ofthe City of Burlingame do hereby certifr that the foregoing Resolution was introduced at a regular meeting ofthe City Council on the _ day of 2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COTINCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK C :\FILESVIotelBidV003 intro.res.wpd J September l2 October 7 Not later than October 14 Not later than October 14 Belmont County of San Mateo Foster City Half Moon Bay Millbrae TIMELINE F'OR 2OO3 ASSESSMENTS FOR SAI\ MATEO COT]NTY TOtruSM BUSII\ESS IMPROVEMENT DISTRICT (assumes no increase in assessments or change in boundaries) Advisory Board submits annual report and recommends assessment levels for 2002 City Council approves annual report and adopts resolution of intention regarding 2002 Assessments Copy of annual report and resolution of intention mailed to each of the participating local agencies (Ord. No. 1648, g 8) '}hpRedwood City San Bruno San Carlos San Mateo South San Francisco r\iI!, Notice of public hearing and copy of resolution of intention mailed to each of the hotels in the TBID with proposed 2003 assessments (S&H g 36523(c)))Y I October 14 Resolution of intention published in newspapers of general circulation in each city affected for at least seven (7) days before public hearing (s&H g 36523(a)) - this means that if published in the Times, publish 6 times, starting at least seven days before the hearing November 4 Burlingame City Council holds public hearing on 2003 assessments - hearing and action can be continued Close of public hearing Time to protest annual assessment closes (hearing on assessments must be closed no later than 30 days after it is begun (36535(a)) - no later than December 4 Close of public hearing Burlingame adopts resolution adopting programs and assessments for 2003 Timeline--1 Rev. 10/2912001 t I STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL September 25,2002 PUBLIC WORKS AGENDA ITEM # MTG. DATE 10t7 to2 8d TO: DATE: FROM: SUBMITTED BY APPROVED BY sUBJECT: RESOLUTTON ACCEPTING CALIFORNIA DRIVE RESURFACI PROJECT - CP 8023(1) RECOMMENDATION: It is recommended that the Council accept the California Drive Resurfacing Project by resolution in the amount of $858,940. DISCUSSION: On April l, 2002, the project was awarded to Top Grade Consfuction, Inc. in the amount of $669,797 . The construction was completed successfully for a total cost of $858,940. The increase of $189,143 is mainly due to quantlty adjusffnents such as asphalt base repair and asphalt overlay and sidewalk repair. The City has received the necessary l0% maintenance bond and staff recommends acceptance at this time EXHIBITS: Resolution, Final Progress Payment BUDGET IMPACT: The following is a financial summary of the project: Expenditures:Funds Availability from Gas Tax & MeasureA: Construction Consultant Inspection Engineering Administration Total: $ 858,940 $ 30,000$ 80.000 $ 968,940 Project 80231 Project 80232 Total: $ 869,000 $ 120.666 $ 989,666 Staff will ffansfer the remaining gas tax funds to other resurfacing projects at a later time Donald T. Chang, P.E. Senior Civil Engineer c: City Clerk, Finance, Top Grade Construction, Inc. S:\A Public Works Directory\Staff Reports\8023laccept.wpd RESOLUTION ACCEPTING IMPROVEMENTS - CALIFORNIA DRIVE RESURFACING PROJECT BY TOP GRADE CONSTRUCTION crTY PROJECT NO. 8023(.1) RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by TOP GRADE CONSTRUCTION, INC . under the terms of its contract with the City dated APRIL I , 2N2, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 8023(1) 3. Said work be and the same hereby is accepted Mayor I, Ann T. Musso, City Clerk of the City of Burlingame, do hereby certiry that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of ,2002, and was adopted thereafter by the following vote: AYES:COUNCILMEMBERS: NOES COUNCILMEMBERS ABSENT: COUNCILMEMBERS: S:\A Public Works Diretory\Author, By Nme\Peggy Adam t IE$\RESOLUTN.ACC.Wpd City Clerk TOP GRADE CONSTRUCTION 50 CONTMCTORS STREET tIVERMORE, CA 94550 TELEPHONE: (925) 449-5764 FAx (925)-449-5875 ITEM # CITY OF BURLINGAME PROGRBSS PAYMENT -.3--1.ELNAIr]- STREET RESURFACING PROGRAM. CALIEORNIA DRIVE 6 BROADIIAY INTERSECTION CITY PROJECT NO. 8023 (1) UNIT : BID : QUANTITY : SIZE : AMOUNT : TO DATE : DATE: EOR THE MONTH OF: PURCHASE ORDER # september-23-02 JUNE 12905 ITEM DESCRIPTION UNIT PRICE BID OUANTITY 50 10 10 1, 045 5, 573 2,370 8,0?0 4.898 7,'78L 100 1. 315 3,005 1,41 1,037 2 350 470 345 4,140 5 2 140 91 10 600 10 425 t PAID AMOUNT TO DATE PREVIOUS PAID AI'IOUNT THIS PMT A). 1 2 3 4 5 6 '1 8 9 10 11 r2 13 14 15 r6 11 18 79 20 B). 1 2 3 4 5 6 1 I 9 10 11 t2 13 14 TONS c. Y. TONS TONS TONS EACH EACH EACH EACH EACH L. F. L. F. L. F. L. F. EACH EACH TONS TONS s.Y. EACH EACH EACH EACH EACH L. F. L. E. L. F. L. F. $0.00 $0.00 90. 00 90. 00 90.00 90.00 90.00 $0.00 $0.00 $0. 00 90. 00 s0. 00 90. 00 s0.00 90.00 90.00 90.00 90.00 s0.00 s0.00 C.ATIFORNI.A DRrvE : A.C. Digout Repair : Conclete Base Removal : Agglegate Base : A.C. Leveling Coulse : A.C. Ovexlay : A.C. Cold Plane : Wedge Grinding : Paving Reinforce Fablic : Adjust Manholes : Adjust Valves, llonwents Lilp-holes & Etc. : Traffic signal Loop Detecto! Systen : Type "A" 6 "AY" (Pavenent Markers) ; ?ype "DI, "G" € Blue (Pavement Markexs) ! 6* solid Line -- Paint ! 8fi Solid Line -- Paint r 4I Solid Line -- Paint ; 12'! solid Line -- Paint : Parking Tees -- Paint : Legends & Arr@s -- Paint : Handicap Legends -- Paint BROADWAX IITTERSECTION ! 1.5 A.C. Levefing Course : 2" A.C. Grerfay : 3il A.C. CoId Plane : Paving Reinfolce Fabric : Adjust Uanholes : Adjust VaLves. Monwents Lilp-holes & Etc. Traffic Signal Loop Detector systen Type "A" & "AY" (Pavenent Markers) Type "D", "G" & Blue (Pavement Markers) 6" solid Line -- Paint 8" Solid Line -- Paint 4" Sofid Line -- Paint 12" solid Line -- Paint Legends c Arr@s -- Paint 965. 00 956.00 s28. 00 90.80 9260. 00 9350. 00 9366.00 92. 00 95. 00 $0-s0 91.00 92.50 91.40 92. 00 95, s00 91,700 s1,700 959,565 9300,942 s66,360 921,,189 945,400 $13,300 910.920 $38,160 99,796 98,905 s50 91, 315 I 130 94 ,207 I 882 92 ,07 4 970 9592 ,1 65 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 22.00 0.00 0.00 2,685.00 6,1'7 6.00 3,191.00 6.760. 00 54 .444 , 00 64.50 40.00 134 . 00 5. 84 8. 00 ), ,262 . O0 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 44 0 0 256 110 134 95 t69 95 126 119 10 0 0 0 0 0 0 0 009 008 003 94t a2z 648 '7',7 Z 94ts "14\ 24\ 40t B6t 00t 00t 00t 00s 00s 003 00t 92,420 .00 90.00 90.00 9153,045.00 s333,504 - 00 989,348.00 lta,252.00 $43,555.20 922,515 .00 s10.400.00 s{ 8, 24 0. 00 I 1 1, 696. 00 $6,310.00 s0. 00 s0. 00 $0. 00 90. 00 90. 00 s0.00 s0.00 s739,345.20 92,420 .00 $0.00 90. 00 9153,045.00 s333,50{.00 989,3{8.00 918.252.00 943,555.20 922,57 5 .OO 91o,4oo.oo $48,240.00 911,696.00 $6, 310. 00 $0. 00 $0. 00 $0.00 90.00 90. 00 s0.00 90.00 56,750 38 42 106 CAI,IEORNIA DRTVE TOTAI,$l 3! ,3!5 .20 ....1......................................,..-$--0-..9,Q..... s22,?50.00 s26,320. 00 $9,660.00 s3.312.00 91,300.00 $700. 00 s10,248.00 9280. 00 9485.00 $5.00 364.00 511.00 402.00 947. 00 4.00 2.00 30.00 170. 00 1 6.00 0. 00 0. 00 0.00 0.00 0.00 104 108 116 80 100 107 r2l 78 0 0 0 0 0 00t 121 52C 3{r 00$ 00t 14t 43t 35r 00s 003 00r 00s 00t $23, 660. 00 928. 61 6. 00 911,256.00 s3,157.60 $1,0{o.oo $700.00 910,980.00 $340. 00 9380. 00 s0-00 s0.00 s0.00 90.00 $0.00 980,129 -60 923, 660. 0o $28,6),6,00 s11,256.00 93, 157 . 60 $1,040.00 s700. 00 I 1 0, 980. 00 934 0. 00 9380. 00 90.00 s0,00 s0. 00 s0. 00 s0. 00 90.00 90. 00 90. 00 90.00 s0.00 s0.00 s0.00 s0.00 90. 00 s0.00 90.00 90.00 90. 00 376:s.E 9600. 00 925. 00 9595. 00 $752. 00 971.032.00 90. 00 s0.00 i CHANGE ORDERS: CCO 1 ; EXTEND PAVING LIMITS e THICKNESS CCO 2 : ADDING LEVELING COURSE BETIIEEN MAJILA & NORTH LN Cco3 : 8. solid Line -- ThelDoplastic : {" Solid Line -- Thelnoplastic :12" sol-id Line -- Thelnoplastic : Parking Tees -- thelnopLaslic : Legends & Alrffs -- Thernoplastic : Legends & Arr@s -- Thelnoplastic PREPARED BY: CHECKED BY: BROAD}'AY INTB,SEC?ION TOTAI : : ORIGINAL BID : :::::: 95 915 ss 9s 96 43 15 '70 49 49 1, 915 : 62 1 3,430 : L47 | 1,037 : s. F 1,037 : s. F CHANGE ORDERS s80 129 .60 $669,797. 00 s 819 4?4.80 9819,4?4.80 s0.00 L.F L.F L.F $ 150. 000. 00 $3{ . 200. 00 95, 668. 4 0 $336.66 I 10, 804 . 50 92,307 .90 95,693,13 95,693.13 232 350 703 L41 46'1 514 00 00 00 00 00 00 168 564 137 100 141 49 0 77S 52t 11t 00s 4',7 \ 57t 00t 59,566.72 s1,9oo.5o 914, B1{ .45 92,30?.90 s8,053.83 92,821.86 939 , t65.26 99, 5 66 91.900 914, 814 92,301 $8,053 92,821 $39,469 '12 50 45 90 83 86 26 s0.00 $0.00 s0.00 $0. 00 s0. 00 $0. 00 EACH 703 $0.00 s85,894.01 985,894.01 s0. 00 s eptenlcer- 2 3 - 02 SUBTOTAL LESS TEN PERCENT RETENTION $858,940.06 s0.00 $858,940.06 _--_!'_r_'_'_r-'_r__'l] 9773,0{6.05 s0. 00 APPROVED BY CITY ENGINEER: SUBTOTAL WITHOUT DEDUCTIONS AMOUNT DU8 EROM CONTRACTOR $858,940.06 s0.00 APPROVED BY CONSULTANT: S/amCWXoffiC]w/rem/eet /BDrcPArefr /fu64@3eI, ffi -l@P.F.d2) TOTAL THIS PERIOD 9858,940.06 9?73,046.05 $8s, s94. 01 : $110.00 : 9170.00 : 9170. 00 : $57.00: $54-00 : s28, 00 : 92.',70 t 90.80 : 9350. 00 : 9260. 00 : 9360. 00 : 92. 00 : $5. 00 : $0.50 : $1.00 : $2.50 : $1.40 : 96.00 : s2.00 : 935. 00 : STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL SUBIVIITTED AGENDA ITEM# MTG. DATE 10.7 OF PROCEDURE 8e DATE 30,2002 APPROVED FROM:CITY SUBIECT: APPROVE REVISION TO PLANNING COMMISSION BY BY RECOMMENDATION: City Council should take action. It is required that the City Council review and approve any changes to the planning Commission's Rules of Procedure. These rules govern the operation of the Commission. Planning Commission Action At the pianning Commission meeting on Septemb er 9,2002,the Commission reviewed and approved the changes to thelr standing rules of prJcedure. The commissioners took action on a 7-0 voice vote. (Planning Commission Minutes (September 9, 2002). BACKGROUND: In May ZOol, the planning Commission completed a major review of their Rules of Procedure. One issue noted was the importance of t..p the rules current. Since May 2001, the Commission has added commercial design review. in addition, because of the public comment opportunity that the design review process inclides, we have been using the process devised for design review for environmental scoping. This expansion of the use of the proiedurai format needs to be incorporated into the Rules of Procedure. The proposed changes are shown by highlighting on the attached Section V of the Rules of Procedure. The are:o Add Call to Order to the listing of items in the Regular Meeting. (V,A 1) o Add direction regarding public participation for regular study, consent calendar and design review. (V, D 2) o Clarify tirai theie is no input from the public during the regular study meeting. (V, D) o Clarify when items can bi scheduled on the agenda directly to action' (V, D) o Clarify that a commission can vote on a administrative application even if s/he was absent if slhe has listened to an audio or video tape of the item before voting' (M) The full text of the amended Rules of Procedure are attached at the end of the staffreport for you reference. Attachments: Resolution Planning Commission Minutes, September 9, 2002 Planning Commission Minutes, August 12,2002 emendJd Rules of Procedure of the Planning Commission, changes highlighted 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OX'BURLINGAME APPRO\ING A REVISION TO TITE RULES OF PROCEDURE FOR THE PLANNING COMMISSION WHEREAS, pursuantto Burlingame Municipal Code $ 3.40.030, the Planning Commission has proposed a revision to its Rules of Procedure and forwarded it to the City Council for approval; and WHEREAS, the design review process needs to be integrated into the Rules of Procedure as well as minor changes to confirm current practice; and WHEREAS, the revision to the Rules of Procedure conforms to State and City law and is consistent with City policies for conducting meetings and receiving public testimony, NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, determine, and find as follows: 1. The revision to the Rules of Procedure for the Planning Commission attached hereto as Exhibit A is approved. MAYOR I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame do hereby certi$r that the foregoing Resolution was introduced at a regular meeting of the City Council on the day of 2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COI.INCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK a 1 City of Burtingome Planning Commission Approved Minutes September 9, 20A2 whole building be lowered as a result of grading in the side yard; will the slope on the driveway changg might be good to lower the whole building, less impalt on the neighbor's; want plans to show the building as it will be built. Chair Keighran called for a voice vote on the motion to continue this item until revised plans with requested information have been prepared, submitted, checked by staffand noticed for another public hearing' The motion passed on a z-o r,,ojice vote. This item is not appealable. The item concluded at 9:05 p.m' 6. 819-849 & 863 MTTTEN ROAD -zoNEDo.M.APPLICATIONFoRANAMENDMENTToTHE MASTER SIGN PROGRAM (CLAIRE WILDE,SIGN CLASSICS, APPLICANT; ALEXA}.{DRIA REAL Reference staffreport , g.ag.oz,with attachments. CP Monroe presented the report, reviewed criteria and staffcomments. Three conditions were suggested for consideration. There were no questions of staff' Chair Keighran opened the public hearing. Claire wilde, Srgn Classics, was present to answer questions' She noted that the applicants are eager to purin the new signs and they are currently upgrading the signage at all their properti"r. 'Th"r" *"r" ro further comments and the public hearing was closed' Chair Keigl,an noted that is unusual to see an applicant come in with a reduction in signage, noting that in this case the new sign area complied with the current sign code area and moved to approve the applicatiorl by resolution, with the following conditions: l) that the signs shall be installed as shown on the plans submitted to the planning Department *d dut" stamped Jtiry 26,1002, (site plan and elevations |Yz" x 11"); including an illuminat rJdz4,-5u x l,-10,, wall sign and an illuminated two-sided 8" x 4'-0" shingle sign (per side) and there shall be no window or other signage on the site; 2) that any increase in the number, qpe, or area ofthe signs on the sites, shall require * *"nd*ent to the master sign program; and 3) that the project shall meet all the requirements of the municipal code and of the 1998 edition California Building and Fire Codes as amended 6y the City of Burlingame. The motion was seconded by C' Auran' Chair Keighran called for a voice vote on the motion to approve. The motion passed on a 7-0 voice vote' Appeal procedures were advised. This item concluded at 9:13 p.m. 7,UPDA TE RULES URES Reference staffreport , g.og.}z,with attachments. cP Monroe presented the report. commissioner asked what is the difference between an administrative application and an administrative hearing. CA Anderson stated that they were basically the same thing. rt ai ialls under the Brown Act. There are different levels of noticing required. Chair Keighran opened the public hearing. There were no comments and the public hearing was closed' C. Boju6s moved to recommend the proposed changes to_the Planning Commission's rules of procedure to city council, by resolution. The motion was seconded by c. Keele. Chair Keighran called for a voice vote on the motion to recommend to City Council. The motion passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded at 9.20 p-m' 7 August 12, 2002 C i ty of Burl ingam e P lonnin g C om m i s s i on M inu le s 5. 6. ll,zooz,memos shall be met; 4) that the portions ofthe basement that are shown with a 5'-1 I " ceiling height shall have a ceiling height of no greato it* 5'-11o, that these portions shall be back-filled with a cement floor; and that the ceilii'g height in these areas shall never be increased to greater than 5'-11" and that these areas shall never be made into or used as habitable space; 5) that the project shall comply with the proposed demolition and construction recycling ordinance ricently approved by the City Council; and 6) that the project shall meet all the requirementJor*r" CaliforniaBuilding Code and CalifomiaFireCodg 1998 editiorl as amended by the City of Burlingame. The motion was seconded by C' Keele' Chair Keigtran called for a voice vote on the motion to approve. The motion passed on a 6-0-1 (C. Boju6s absent). Appeal procedures were advised. This item concluded at 7:38 p'm' Reference staffreport g.lz.}L,with attachments. cP Monroe presented the report. commissioners noted that maybe staff could prepare an overhead to be on when the meeting starts to direct members of the audience to the handout on Commission procedure available at the door; regarding item V, D, 2look at wording, as written it implies that all environmental scoping sessions include design review; on item rv c ifa commissioner is absent at study, is it sufficient for him/trer to just read the minutes of the previous meeting before #6e can vote at action or must they listen to the tape, whichever it is, the rules of procedure should be corrected. C. Vistica moved that this item be continued to the next meeting for clarification. The motion was seconded by C. Osterling. Chair Keighran called for a voice vote on the motion to continue. The motion passed on a 6-0-l (C. Boju6s absent). This item concluded at7:46 p.m- 1137-1145 PALOMA AYEI\IUE _ ZON-ED R.3 - APPLICATION FOR MITIGATED NEGATIVE DECLARATION, FRONT SETBACK VARIANCE, VARTANCE FOR DWELLING UMTS IN THREE BUILDINGS ON ONE LOT, AI.ID CONDOMINIUM PERMIT FOR A NEW THREE (3) STORY, TWELVE (12) UNrr RESTDENTTAL CONDOMTNTIIM (DALE MEYE& DALE MEYER ASSOCIATES' APPL1CANT A}ID ARCHITECT; FU.LEN CHENG, PROPERTY OWNER) (7S NOTICED) PROJECT a. Variances And Condominium Permit b. Tentative And Final Parcel Map For Lot Merger And Tentative Condominium Map Reference staffreport g.lz.oz,with attachments. Planner Hurin presented the report, reviewed criteria and planning Department comments. Forty-seven conditions were suggested for consideration. Commission commented that in the prerio.rs plans for the project there were four 9' x 20'uncovered parking stalls provided at the rear of tire site and now there ur" orty three spaces, one of which has the dimensions of a iir*t"a accessible parking stall, why did this change? Planning staffnoted that the architect double-checked with the city's chieiBuildLg oincia (cBo) and verified that a disabled accessible space is required lor the largerconrmon open space irovided. The ChiefBuilding official noted that this space is not required to be exJlusively labeled u, o airubt"d accessible space. commission noted a concern with the parking impact on businesses and residents in the area during construction, currently there is construction on Broadway for the Broadway Streetscape program, consttction employees for this project should be directed to park 4 RULES OF PROCEDURE OF THE PLANNING COMMISSION OT'THE CITY OF BURLINGAME I. Purpose. These Rules of Procedure are adopted pursuant to Burlingame Municipal Code $ 3.40.030 to guide proceedings before the Commission. Offices. There will be a Chair, a Vice Chair, and a Secretary Term of ffice. Eachofficer of the Commission will serve for a one-year term and hold office until the officer's successor is rotated to the office, or the Commissioner's term as Commissioner ends, whichever occurs first. Rotation of fficers. Officers will be rotated at the Commission's first regular meeting in May of each year. The rotation order is as follows: 1. Vice Chair becomes Chair. 2. Secretary becomes Vice Chair 3. Commissioner who is not an officer, who has served the longest period of time on the Commission, and who has not yet served as Chair becomes Secretary. 4. If two or more Commissioners have the same length of service on the Commission are eligible trnder subpart C above, then the Secretary shall be chosen from among them bl lrandom draw. 5. If all Commissioners who are not then officers have served as Chair making subparagraph (3) inapplicable, then the Secretary shall be the Commissioner whose service as Chair was the most distant in time. 6. A Commissioner eligible under this subpart may decline to serve, in which case the next Commissioners in the rotation process shall be rotated to the offices affected. Vacancies. If an office becomes vacant during the year, rotations for that office shall be made as provided in subpart (C) above at the next regular meeting of the Commission following the occurence of the vacancy. The persons rotated to new offices when such a vacancy occurs shall serve the balance of the one-year term for il Officers. A. B. C. D IProposed onl0l7l2002 A. Duties of the Chair. The Chair performs the following duties: 1. Presides at all meetings of the Commission. 2. Signs correspondence on behalf of the Commission. 3. Represents the Commission before the City Council. 4. Performs other duties necessary or customary to offrce of the Chair. Duties of the Vice Chair. In the event of the absence, disability, or disqualification of the Chair to act as Chair, the Vice Chair performs the duties of the Chair. C. Duties of the Secretary. The Secretary performs the following duties 1. Executes resolutions of the Commission. 2. ln the event of the absence, disability, or disqualification of the Chair and the Vice Chair to act as Chair, the Secretary performs the duties of the Chair. Absence of fficers. If none of the three (3) elected officers are able to perform the duties of Chair because of absence, disability, or disqualification, the remaining Commissioners shall elect one of themselves to act as temporary Chair. Committees and subcommittees. The Commission, or the Chair with the authorization of the Commission, may create committees or subcommittees to study or advise the Commission on matters within the jurisdiction of the Commission. These committees or subcommittees may be composed of Commissioners or members of the public, or both, so long as fewer than a quonrm of the Commission serve on the committee or subcommittee. Such committees or subcommittees shall be advisory only to the Commission and shall oirect all communications to only the Commission. III. Types and Places of Meetings Regular meetings. Regular meetings of the Commission shall be held on the second and fourth Mondays of each month at7:00 p.m. in the City Council Chambers of the City Hall. The Commission may cancel a regular meeting, or may schedule a regular meeting at a different date and time or place within the City. The Commission may also adjoum or continue a meeting to such date as the Commission may determine. B D E. A. Proposed onl0l7l2002 -2- the offices; however, if the office that was vacant is the Chair and the term remaining is less than 6 months, then the rotated offrcers shall serve the balance of the term plus an additional one-year term. B C. A. Special meetings. A special meeting of the Commission may be held at a time and place within the City as may be determined by a vote of the Commission or by call of the Chair. Study sessions. The Commission may hold a study session on any application or planning issue at any regular or special meeting of the Commission. IV. Quorum and Voting B. C. D l/ E. Quorum. Four Commissioners, a majority of the membership of the Commission, constitutes a quorum for purposes of conducting any business of the Commission. However, a meeting may be continued to a new date and time with less than a quonrm present at a regular or special meeting of the Commission. Vote required. Unless otherwise required by State law, official action of the Commission requires the affirmative vote of a majority the Commissioners present, and never less than three (3). Abstentions and disqualifications do not count as affirmative votes. Eligibility to vote. A Commissioner shall be eligible to svote on an adminilsfratlve application even though the Commissioner was absent from a prior hearing on the same application if the Commissioner has listened to the audiotape or if available, the videotape of that prior hearing. A Commissioner is eligible to vote on a procedural matter or legislative recommendation regardless of the Commissioner's attendance at a prior discussion or hearing, without having listened to a tape of the prior proceeding, and to vote at an administrative Commissioner was absent from a prior study Manner of voting. Votes may be taken by voice vote or roll call at the discretion of the Chair. Any Commissioner may request a roll call vote, which shall then be taken. No votes shall be by secret ballot. Effect of a tie vote- A tie vote defeats a motion. Unless a subsequent motion is made and adopted, a tie vote on the merits of a planning application before the Commission means a denial of the application. When acting on a recommendation to the Council on legislation, the Commission may forward the results of its discussion to the Council although the Commission was unable to reach a majority vote on a specific recommendation. Proposed onl0/7D0A2 -J- V. Order of business A.Regular meeting. The usual order of business at a regular meeting of the Commission will be: 2. Roll Call. 3. Approval of minutes of previous meetings. 4. Review of agenda. 5. Public Comment period for study items and items not appearing on the meeting agenda. 6. Items for study 7. Consent calendar #dffi;j 8. Items for public hearing or action, or both. I 9 ffiions I 0. City Planner/Committee/Subcommittee Reports :i# Adjoumment. Special meetings. Special meetings of the Commission will usually be limited to a few agenda items, and the agenclas will be developed around those items, but will include a public comment period before action is taken on any item. Change in agenda order. With the consent of the Commission, the Chair may change the order of any agenda item for the convenience of the public or the Commission. D. Study items l. Study items are usually presented at a meeting for review by the Planning Commission for questions to provide staffand the to better B. C Proposed onlAfi2002 with an -4- for the on the item. under Chapter Commission. 25.57 or Planner to action at a if the approvals During of the not application on an agenda as a study item eontro\remyor substantial questions R-l District i),ra:'. | .'.:".:::':.::::::- :'::1: .):::::'::t'L:.:!::l \ design review;l',, iillD" llesi whether they include other or not, are considered under a separate study such a study item, the applicant and other interested persons may comment on the application and the Commission may ask questions of the applicant and other interested persons . Unlike other these Rffiesigrmeview are noticed und€r City procedures. Following eaelrffietr desipaciriew study item, the Commission will determine whether to refer the application to the design review professional E"Consent calendar. Items are placed on the consent calendar because either the City Planner believes that they have little or no controversy or the Commission has directed their placement on the consent calendar for faster consideration and approval. However, an item will be removed from the consent calendar if: 1. Any interested person requests in writing before the Commission meeting that the item be removed from the consent calendar for hearing. 2. During the public comment period, any interested person requests that the item be removed from the consent calendar. 3. Any commissioner requests that the item be removed from the uoiisent calendar. Any person or commissioner may ask a question regarding an item on the consent calendar, and the Chair at the Chair's sole discretion may decide whether to allow a response to the question or to proceed to remove the item from the consent calendar and hold a hearing on the item. Any item removed from the consent calendar will normally be heard during the public hearing calendar on that evening's agenda in the same order as set on the agenda. Proposed onl0/712002 -5- The an believes that the VI. Continuances and appearances by applicants Requests for continuqnces. At any time, any person may request the Commission to continue any item to a fufure meeting, and an applicant may request the applicant's application to an indefinite date or a future meeting on a showing of good cause. Commission dtscretion The Commission shall have sole discretion to determine whether to grant the requested continuance after considering the reasons for the request, the effect on the applicant and interested persons, and State and City laws governing the application. C.General policy toward applicant requests. Generally, the Commission will grant a first request for a continuance by an applicant, but no applicant should assume that such a request will be granted and should appear at the scheduled time in support of the request. Determination on continuance. Approval of continuance requests require a vote of the Commission. Any continuance and the proposed noticing for the continued hearing, if any, should be announced by the Chair or City Planner. Costs of renoticing. The applicant shall pay the costs of providing any notice required or ordered by the Commission on a continuance requested by the applicant. VII. Failure of applicant to appear A. Action by Commission. lf an applicant does not appear at the time set for public hearing on the applicant's application, the Commission may continue the* iapplication, drop the application from the agenda, or proceed to hear and take action on the item. Payment of costs. The applicant shall pay the costs of providing any notice required or ordered by the Commission when an application is continued or dropped from an agenda because the applicant did not appear at the hearing on the application. VIII. Public hearing process A.Order. The following process will usually be followed on items set for public hearing: A. B D E. Proposed an1017/2002 -6- B. /\ B. C. D. l. Chair will call the item for hearing. If the hearing procedure has not already been described by the Chair at that meeting, the Chair will tell the audience what the general procedure for the hearing will be. 2. Any Commissioners with a potential conflict of interest will declare the potential conflict and disqualifr themselves from participation. Any Commissioners who have visited the site of the application or received any information outside the record will state that information. 3. City staff will present a report on the matter and respond to questions from the Commission, and the Commission may indicate any aspects of the application on which the Commission would like additional information or comments. 4. The applicant, if any, will present any additional information or testimony not provided in the staff report, respond to the staff report, and respond to questions from the Commission. 5. Any other interested persons may present any additional information or testimony not provided by the staffreport or the applicant, and respond to questions from the Commission. Interested persons are encouraged not to repeat testimony that has already been presented. If a person wants to simply affirm that he or she agrees with a previous speaker, the person should do so. 6. After all interested persons have been given the opportunity to speak, the applicant may respond to any comments by interested persons, make a concluding statement, and respond to questions from the Commission. The concluding statement should be made by a single person, unless there are compelling reasons for technical responses by more than one expert. 7. The Chair will close the public hearing. 8. The Commission will discuss the application and take such action as may be appropriate. Deferral to Chair. All comments and questions by both Commissioners and the audience are directed to and through the Chair. IdentiJication of persons giving evidence. All persons giving testimony shall identifr themselves by name and address. Time limitations. The Chair may limit the time for presentation of testimony by each person, and in any event, it is expected that no person, except for the applicant, shall testiff longer than five (5) minutes. However, the Chair may Proposed onl0l7l2002 -7- extend this time period if the person is making a combined presentation on behalf of a large number of persons. The applicant shall be expected to present a brief overview of the project and respond to pending questions and concerns in no more than fifteen (15) minutes; at the conclusion of the public hearing, the applicant's response should be no longer than five (5) minutes. Multiple oppeqrances. Except for the applicant and responses by staff, no person shall be allowed to testifr more than once during a hearing unless the Chair determines that the person's second testimony will provide vital information to the Commission that has not already been presented. Effect of hearing closure. After closure of the public hearing, the Commission will not receive any additional evidence unless the hearing is reopened by the Chair with the consent or vote of the Commission. However, the Commissionlmaygask6X p1g1 llll I the applicant for consent to specific conditions on the application or for . clarification by the staff without reopening the public hearing. Control of proceedings. The Chair may direct any speaker to end or move on with testimony if the testimony is repetitive of matters already presented or is irrelevant to the application before the Commission. Decorum. Hearings before the Commission are held under informal rules of evidence and are intended to promote the interests of the community. Personal attacks and attempts to intimidate citizens, whether applicants or interested citizens, are strongly discouraged and will be ruled out-of-order. Deliberations. Commissioners shall not reach any conclusion on an application before the close of the public hearing. The determination of the Commission is to be based on the record presented to the Commission as well as the Commissioners' experience and knowledge of the community. Commissioners are responsible for making their best efforts to articulate the reasons for their determination are discussed on the record and findings made as discussed below. IX. Submission of written materials Written submission encouraged. Interested persons are encouraged to submit written materials for Commission consideration prior to the public hearing on the item. This saves time aj the hearing and better focuses the discussion and testimony. E F G H. I. A. Proposed on1017/2042 -8- t, Timeliness. In order to be included in the packet provided to the Commission before the hearing, written materials must be provided to the City Planner no later than ten (10) days before the public hearing. Late submission.Written materials may also be presented to the City Planner for Commission consideration at a later time up to the close of the public hearing. Number of copies if submitted late. If witten materials are provided by the applicant at the hearing itself, the presenter is expected to provide at least 8 copies, so that each commissioner and the City Planner will each have a copy. If any other person presents written materials, the presenter is expected to provide nine copies so that the applicant may also have a copy for review. Retention of submittals. Photographs, story boards, and other lmge presentation materials may be provided in only one original without copies, but these materials are required to be left with the City Planner for record purposes and will not be returned for an extended period of time. X. Receipt of information outside the public proceeding Site visits. It is expected that Commissioners will visit the site of a proposed project on an individual basis. Although not expected or required, individual commissioners may discuss or meet with the applicant or other interested persons, but in no event shall any commissioner commit to a particular vote or decision before the close of the public hearings on that item. It is important to remember that Commissioners are responsible for ensuring the actual integrity of the process and the public's confidence in that process by being even-handed to all interested persons. Ilisclosure. Any discussion with the applicant or any interested person shall be summarized by the individual commissioners prior to the staffreport on the item. XI. Findings Generally. Findings are the means by which the statutory and ordinance requirements are tied to the specific facts of an application. Applicants are expected to provide the Commlssioh with proposdd findirigs that justi$lthd approval of the application under relevant law and policy. B C. D. E. B. A. B A. r | illl r Motions- tn making motions for approval or denial, Commissioners may incorporate the findings outlined in the reports of staffand proposed findings offered by applicants or other interested persons, as well as articulating their own Proposed onl0l7/20A2 -9- findings that allow the City Council and the public to understand how the decision was reached. C.Addittonal preparqtion. If the complexity or breadth of a particular application requires extensive findings, the Commission may request staff to prepare written findings in accordance with Comrmissionldisqussion foqlreview and possible adoption at a subsequent meeting. XI. Denial without prejudice Effect. The Commission may deny an application without prejudice, which means that the applicant may submit a similar application atany time in the future for consideration by the City. Reasons given. In making the denial without prejudice, the Commission or individual commissioners may provide the applicant with suggestions on how the application might be redone to address the concerns raised at the public hearing. However, none of those suggestions shall be interpreted as binding in any way on any future review or action by the City regarding that property or any other property. XII. Appeals Following a final decision of the Commission, the Chair will announce the rights of appeal of the decision as established by the Municipal Code and Council resolutions. Persons interested in appealing a decision should contact the Planning Department the next business day to make sure that the appeal process, fees, and time requirements are understood. Normally, an appeal must be frled by the end of the next City Council meeting, which is usually only seven (7) days after the Commission decision. XIII. Relationship with Council, Other Boards and Commissions, and Public Council communications. The principal source of communication with the Council is through Commission minutes. Direct communication on behalf of the Commission should be directed through the Chair or the City Planner. With the consent of the Commission, other Commissioners may be authorized to represent the Commission before the Council. B.Requests to other Boards and Commissions. Because the Commission is advisory to the Council, requests for information from or for review by other City boards and commissions should be directed to the Council for approval. A. B. A. Proposed onl0l7D0A2 -10- Communications with the public. Public statements on behalf of the Commission should be approved by the Commission before release. XIV. Requests for Staff Information Generol policy. lndividual Commissioners may request additional information from staffmembers to assist in their analysis of applications. However, this information is to be provided to all Commissioners. Limitations. Individual Commissioners should not request staffmembers to prepare information that will consume significant amounts of time without consulting with the City Engineer or City Planner, as appropriate. The better procedure is to make such a request at a meeting of the Commission. XV. Effect of the Rules of Procedure These rules of procedure are intended to provide the basic guidelines for the conduct of Commission business. Any failure to follow a specific provision of these rules shall not be grounds for overturning any decision or action of the Planning Commission nor shall any improper admission or rejection of evidence or any other error, irregularity, informality, neglect, or omission as to any matter pertaining to any matter before the Commission, unless the misstep was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that the misstep was prejudicial or that injury was done if the misstep is shown. C :\FILES\PIanning\PC Rules\PCUpdate902. ccr.wpd C xr' A. B. Proposed onl0l7/2002 -11- a STAFF REPORT AGENDA ITEM # MTG. DATE 10t7 to2 8f TO: DATE: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL August 20,2OO2 BY PUBLIC WORKS OCTOBER 29, 2OO2 SPECIAL STUDY SESSION TRANSPORTATIO N AUTHORITY H SAN MATEO COUNTY BY RECOMMENDATION: Staff recommends that Council set a special study session with the San Mateo County Transportation Authority for October 29,2002, at 7:00 p.m. in Conference Room A. DISCUSSION: Over the last year, Council has indicated a desire to meet with representatives of the San Mateo County Transportation Authority to discuss various projects under their responsibility which affect Burlingame. As a result, Howard Goode, Chief Development Officer, and his staff have consented to making a presentation to Council on the status of the following projects: . Bayshore Freeway Auxiliary Lanes Improvements . Broadway Interchange Improvements. Caltrain's station and platform improvements at Burlingame Avenue and at Broadway. Caltrain's current construction including third rail installation, tie replacement and crossing signals replacement Council has also indicated a desire to discuss with the Authoritythe approach for grade separating Caltrain tracks and street crossings within Burlingame to accommodate a possible future "bullet" train. EXHIBITS: None BUDGET IMPACT: None. City Clerk Howard Goode, SMCTA S:\A Public Works Directory\Staff Reports\SMCTA Spcl Snrdy Sess.wpd c m D n,I .SFP 1 9 200? AGENDA ITEM# MTG. DATE I .02 HONORABLE MAYOR AND CITY COUNCIL SIIB]I{ITTED DATE:MBER 30.2002 APPROVEI) X'ROM: CITY SUB.IECT:APPROVE COOPERATTVE AGREEMENT WITH SAN TEO COUNTY TO AD MINISTER THE REHABILITATION LOAN PROGRAM FOR BURLINGAME AS A PART OF THE COMMUNITY DEYELOPMENT BLOCK GRANT PROGRAM. RECOMMENDATION: city co,rr"il should take action by adopting a resolution approving the cooperative agreement. Affirmative action would allow San Mateo County to administer the Federally funded Housing Rehabilitation Loan program forBurlingame until the City of Burlingame decides to withdraw . As a non-entitlement city, Burlingame cannot receive this funding directly from the Federal government, this agreement avoids us having to adopt an authorizing agreement every three years. Failure to adopt an agreement means ineligibility for participation in the Housing Rehabilitation Loan Program. BACKGROUND: Communities in the country which have 50,000 population or greater have been designated by the Federal government to be entitlement cities and received social service grant funds directly from the Federal government. Those cities which have less population than 50,000 (non-entitlement cities) can qualify for these funds by joining with the county anaine other smaller cities in their county. Burlingame has participated with San Mateo County in this funding since the 1970's' In July 1993, Burlingame adopted an agreemery yJh San Mateo County which automatically renewed our participation with sai Mateo iounty initre Federally funded community Development Block Grant (CDBG) program. The county is now requesting that we adopt a similar agreement for participation in, and their administration of, the Federally funded Rehabilitation Loan Program' STAFF REPORT In April of 1997 the city renewed its cooperative agreement with the County for administration and management of the Rehabilitation Loan p.og.u.. th. R.hubilitation Loan Program is the most used by Burliigame residents of the SDBG p.ogrurn-r and has been effectively administered for the city by the County for deiades. Adoption of this agreement will relieve the city of having to renew our administrative agreement with San Mateo County every ii*.. y."rr. Under the terms of the agreement the City of Burlingame may withdraw from the ugr."*"nt at any time. Withdrawal will mean that city residents will no longer be eligible for Federally funded rehabilitation loans. Rehabilitation loans were cited in the Housing Element with the second unit amnesty program as a tool available to lower income residents for bringiecognized second units up to safe and sanitary standards. There is also a program for low-to-no interest loans to property owners of multiple family rental buildings which encourages them to bring these properties up to code while keeping their rents competitive. 8g TO:BY BY ri?t ,ANNNR ''i APPROW COOPERATIYE AGREEMENT WTH SAN MATEO COUNTY TO ADMINISTER THE REHABILITATION LOAN PROGRAM FOR BARLINGALIE AS A PART OF THE COMMANITY DEWLOPMENT BLOCK GRANT PROGRA-DI Odober 7' 2002 Attachments Resolution Agreement between County of San Mateo (Human Services Agency OfIice of Housing) and City of Burlingame for Rehabilitation Loan Program Services, July 2002. a RESOLUTION RESOLUTION OF THE CITY COUNCIL O['THE CITY OF BURLINGAME APPROVING AGREEMENT FOR REHABILITATION LOAN PROGRAM SERVICES BETWEEN THE CITY OF BURIINGAME AND THE COTJNTY OF SAN MATEO RESOLYED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame and the County of San Mateo have established a cooperative program for provision of rehabilitation loans to assist in the repair and rehabilitation of the City's housing; and WIIEREAS, the County is willing to continue to provide these services under the Community Development Block Grant Program and assist in fuithering the goals of the Housing Element of the City's General Plan, NOw, THEREFORE, BE IT RESOLVED, that: l. The City Council hereby approves the Agreement for Rehabilitation Loan Program Services with the County of San Mateo, which is attached hereto as Exhibit A. 2. T\e Mayor is authorized and requested to execute the Agreement on behalfof and for the City. 3. The City Clerk is requested and directed to attest the signature of the Mayor. MAYOR I, ANN T. MUSSO, City Clerk ofthe City of Burlingame, do hereby certifuthatthe foregoing resolution was introduced at a regular meeting of the City Council held on the _dayoL,2002,andwasadoptedthereafterbythefollowingvote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: C:\FILES\RESO\CDBGREHA.PLN CITY CLERK AGREEMENT BETWEEN COUNTY OF SAN MATEO GII.JMAN SERVICES AGENCY oFFrcE oF HOUSTNG) AND CITY OFBURLINGAME FOR REIIABILITATION LOAN PROGRAM SERVICES g Our .p"(\a ? \ C') oq q e)e 0o F'a ervices HSA Contact Person: HCD Specialists Norman Pascoe: (650) 802-5008 LDJohnson: (650) 802-5002 st" ///_ \N fr'ill FIWPWN(NrcD\II Rclubboop agreernen$\R"EHAB BurringarE COOP-wpd forB rey. July 24, 2002 (s a 5. (, a a ... Ir rl ri AGREEMENT BETWEEN COT]NTY OF SAN MATEO, AND CITY OFBI.JRLINGAME FOR RETIABILITATION LOAN PROGRAM SERVICES TIIIS AGREEMENT is made and entered into this day of 2002, by and between the city of Burlingame, hereinafter referred to as "ci[y'', and the county ofsan Mateo, hereinafter referred to as 'COLINTY'. WTINESSEfiI WTINESSETH, the Housing and Comrnunity Development Act of 1974, public Law 93-3g3, e,nacted August 22, 1974, and the Housing and communigr Development Act of 1927, public Law 95- 128, enacted October 12, 1977, both provide for the dishibution of licderal funds through the process of conununitSr development block grants to eligible public entities; and WHEREAS, a Cooperation Agreerrent by and between City and County establishing the formal relationship to cooperative and co-participants in the Urban County Corrmunity Development Block Grant Pmgram, was entered into by County md City on July 13, 1993 and was automatically renewed on July l, 2002 for federal fiscal yans2@243,2003-O4 and 2004-05; and WHEREAS, pursuant to the provisions of Section 51300 et seq ofthe Govemment Code, the Board of Supervisors of the County may contract with the City, and the City Cormcil of the City may conhact with the County for the performance of the City functions by the appropriate olficers and employees of the County and WIIEREAS, the City desires the Cormgr to perform the Housing Rehabilitation Ioan Program services hereinafter set forth for and on behalfofthe City within the t€rritorial limits ofsaid Crty and the County is willing to perform such services; and NOW, THEREFORE ITIS HEREBYAGREEDBYT}IEPARTIES HER3TO AS FOIIOWS: A. -PTJRPOSEOFAGREEMENT The purpose of this Agreernent is to set forth the respective duties and responsibilities of the County and the City with respect to the City's rehabilitation loan program. B. SERVICESBYTHECOUNTY I The County agrees, tlrough its Director ofthe OIEce ofHousin& to perform the housing rehabilitation finctions ofthe City as specified in subsections 2 and 3 of Section B. Financial Services: The County agrees to provide housing rehabilitation financing services under the following categories: (l) Housing rehabilitation loans originated and packaged by San Mateo Count5r for very low and low income homeowners: - ftlly amortized loans; or - hardship deferred loans 2. a- F:\WPWtrtI6OIfDLDnRdtabtmp.gr!6!crt3\REHAB Burtinprnc@Op.*pd farntev. luly 24,2@2 Pegc I of 5 @ Housing rehabilitation loans origi4ated and packaged by the County for the investor/owners where very low and low income tenants reside. b. The County shall be responsible, either through its offices or an appropriate lender, for the loan documentation including but not limited to: (l) Installment Note @ Deed of Trust (3) Compliance wi'h Regulation .8" of the Federal Equal Credit Opportunity Act and Regulations 'Z'of the Federal Tmth-in_knding Act (4) State of Califomia Fair Lending Notice c. The County shall meet with property owner for the purpose of gathering data and/or sipature on the loan documents. d. The Cormty shall arrange for the bank serviccs, including collection of loan accounts, loan delinquency counseling and/or foreclosure procedures. Technical services: The county agrees to provide Housing Rehabilitation Technical Services as follows: a Request services ofa licensed strucfural pest conhol service on case by case basis to be paid by owrer. b. Provide owner with work specilications to correct the items identified in the pest conhol or any health or safety hazards idortified by the County. c. V€riry State licensing status ofcontractor selected by the owner. d. Organizeandconduct'pr-econstructionconference. e. Provide lending assistance p,rsuant to the duly adopted county rehabilitation loan program. f. Audit compliance with wort specifications. C. Maintain cons&uction escrow account for all sums specified for payment in escmw instructions. h. Financing and technical services shall be performed during normal worting hours. Said services shall be ofsuch nature and character as would be norially required for housing rehabilitation under generally established and prevailing practices. J FNVPWIN60\BCr LDJ\edEb\coop.grEriErts\REHAB BudingrrE COOp.e/pd fctll tEv. ,uly 2,l, Z)02 Prge 2 of 5 t! The County shall report to the City on an annual basis by luly 3ln ofeach yer, the number of applications, and the amount of fimds committed for housing rehabilitation services withit the City. The County shall not replace the legal responsibilities and/or duties ofthe City CAief Building Otrcial, in carrying out tasks under the Housing Rehabilitation Program, as descn'bed below. C. SUPPORTBYCITY The City shall furnish the necessary support for the ouheach effort including ifneeded, the following: l. Provide space to disseminate rehabilitation program information. 2. Provide County with meeting and working space in order to facilitate coordination between property o\ n€r, contractor, County, and related persorurel. 3. Provide the use ofa telephone for local calls. ADMIMSTRATIVE E}(PENSES I The City will make no claim for administrative expenses to operate the Rehabilitation l,oan Program. E. SOURCE OFFI]NDS The City recognizes and agrees that the County's expenses for administering the rehabilitation loan program will be disbuned by the County from the Countywide firnd for the rehabilitation loan program. F. HOLD IIARMLESS It is agreed that the County shall defend, indermifu and save hamrless the City, its olEcers, agentq ernployees, and/or servants from all claims, suits, or actions ofevery name, kind and description, brought for, or on accormt of, injuries and/or damag€s to persons and/or property which arise out of the terms and conditions of this Ageemeirt and which result from the negligent ac'ts and/or omissions of said County, its olficers, agents, eryloyees, and/or servants. It is further ageed that the City shall defen{ indemniff and save harmless the County, its officers, agents, employees, and/or servants from all claims, suits, or actions of every name, kind and descriptioq brought for, or on account of, injuries and/or damages to persons and/or property which arise out of the temrs and conditions of this Agreernent and which result from the negligent acts and/or omissions of the City, its officers, agentq employees, and/or sewants. FIWPWIM6HCf,ILD RdEb\coop.g'rcrrElls\REtlAB Budiogdrl COOP.wpd fdm r!v- ruly 24, An2 Prge 3 of 5 J. k.The County, in administering the rehabilitation project, shall comply with all applicable regulations and processing requirements of City Deparhment of Planning and Developmeirt Services. D. "'t In the event of concurrent negligence of the County, its officers, agents, employees, and/or servants and the City, its officers, agents, employees, and/or servants , the liability for any and all claims for injuries or damages to persons and/or property which arise out of the temrs and conditions of this Agreement shall be apportioned under the California theory of comparative neglige,nce as presently establishe4 or as maybe hereafter modified. G. ALTERATIONOFAGREEMENT This Agreement is entire and contains all the terms and conditions agreed upon by the parties. No alteration or variation shall be valid unless made in writing and signed by the parties he,reto, and no oral understanding or agreement shall be binding on the parties hereto. H. TERMOFTHEAGREEMBNT The term of this Agreme,nt shall be for federal fiscal years 2002-03,2W3-0/- and 200405, after which the term shall be automatically renewed unless action is taken by the County or the Cityto terminate this Agreerre,nt F:\WP\ilIN60\I{CD\tDr\Rchabboog agreenmts\REHAB Burlingarr COOP.wpd fumre,r.luly24,20O2 Pege4of 5 IN WTINESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. COT'NTY OF SAN MATEO By: JerryHill, President Board of Supenisors Date: Attest: Cleft of Said Board Date: CITY OF BURLINGAIvIE By: tTmt Name dg lrue $gDahre Date: F:\WPWN60\tlCD\LDlRc*rabtoop agrcenrents\REHAB Burlinganr ClDOP.upd fumran- llly24,2W)Pege5of 5 AGENDA ITEM #8h STAFF REPORT I\iITG, DATE 10t7 t2002 TO Honorable Mavor and DATE:Seotember 30.2002 BY FROM:Larrv E. Anderson. CiW ttomev UPDATE ON FINANCIAL INFORMATION PRIVACY ORDINANCES S BY SUBJECT: RECOMMENDATION: 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. DISCUSSION: For the past2 years, Senator Speier has tried to convince the State Legislature to adopt some fundamental regulatory controls on the manner in which financial institutions handle consumers' personal information. Blocked by the banking industry and lacking the Governor's support, the legislation has failed twice. See attached SB 773. Foreseeing this result at the State level, the San Mateo County Board of Supervisors and the Daly City City Council have adopted separate and different ordinances that are similar to, but different from, Senator Speier's proposal. While the banking industry opposed both ordinances, the Board of Supervisors and the City Council moved forward with their legislation. See attached San Mateo County Ordinance and Daly City Ordinance No 1295. The ordinances would become effective on January T,2003. The City of Berkeley is reported to have adopted or is considering similar legislation. It is understood that a number of the largest banks in the area have now filed suit in Federal District Court seeking to stop the legislation from going into effect. They have apparently alleged avariety of preemptions or violations founded on Federal law. It is to be expected that the banks will use the full burden of discovery demands that make attorney and court costs so expensive. Meanwhile, various consumer groups and business interests are exploring the possibility of putting an initiative on a statewide ballot in 2003 that would be even stricter in controlling personal information than any of the ordinances or Senator Speier's proposal. Staff recommends that the City watch the progress of the Federal court proceedings and the initiative petition. The judge's rulings in the litigation will give everyone a good idea of the ability of a local agency to regulate banking practices. Because the ordinances would not take effect in any event until January, we have time to see Mayor and Council Rei Update on Financial Information Privacy Ordinances September 30,2002 Page 2 what the preliminary rulings are. While the San Mateo County ordinance may work as a "model" for others, staff would need to understand and better define how any such ordinance would apply within and outside the city limits. We would also have to consider a budget amendment to ensure funding for potential litigation. Therefore, staff recommends reviewing this issue in the coming December or January. Attachment San Mateo County Ordinance/Staff Report Daly City Ordinance Senate B1ll773 20020806 o 8 Page 1 of7 ORDINANCE NO. BOARD OF SUPERYISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA ****** AN ORDINANCE REGULATING THE DISCLOSURE OF CONFIDENTIAL CONSUMER INFORMATION BY FINANCIAL INSTITUTIONS The Board of Supervisors of the County of San Mateo, State of California, ORDAINS, as follows: SECTION 1. Chapter 5.140, consisting of Sections 5.140.010 to 5.140.090, of Title 5 of the San Mateo County Ordinance Code are hereby added as follows: "5.140.010 Purpose and Intent (a) It is the purpose and intent of the Board of Supervisors that the operation of financial institutions as defined in this ordinance should be regulated so as to provide customers of financial institutions notice and meaningful choice about how their personal information is shared or sold by their financial institutions. (b) It is the intent of the Board of Supervisors in enacting this ordinance to afford persons greater financial privacy protection than those provided in Public Law 106-102,the federal Gramm- Leach-Bliley Act, and that this ordinance be interpreted to be consistent with that purpose. 5.140.020 Definitions (a) "Confidential consumer information" means information (l) that a consumer provides to a financial institution to obtain a product or service from the financial institution, (2) about a consumsr resulting from any transaction involving a product or service between the financial institution and a consumer, or (3) that the financial institution otherwise obtains about a consumer in connection with providing a product or service to that consumer. Any personally identifiable information is financial if it was obtained by a financial institution in connection with providing a financial product or service to a consumer, including the fact that a consumer is a customer of a financial institution or has obtained a financial product or service from a financial institution. Confidential consumer information does not include publicly available information that the financial institution has a reasonable basis to believe is lawfully made available to the general public from (1) federal, state, or local government records, (2) widely distributed media, or (3) disclosures to the general public that are required to be made by federal, state, or local law. Confidential consumer information shall include any list, description, or other grouping of consumers, and publicly available information pertaining to them that is derived using any nonpublic personal information other than publicly available information, but shall not include any list, description, or other grouping of consumers, and publicly available information pertaining to them that is derived without using any confidential consumer information. (b) Confidential consumer information includes, but is not limited to, all of the following: (1) Information a consumer provides to a financial institution on an application to obtain a loan, credit card, or other financial product or service. (2) Account balance information, payment history, overdraft history and credit or debit card purchase information. (3) The fact that an individual is or has been a customer of a financial institution or has obtained a financial product or service from a financial institution. (4) Any information about a financial institution's consumer if it is disclosed in a manner that indicates that the individual is or has been the financial institution's consumer. (5) Any information that a consumer provides to a financial institution or that a financial http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806l20020... 0913012002 20020806_o_8 Page2ofT institution or its agent otherwise obtains in connection with collecting on a loan or , servicing a loan. (6) Any information collected through an Internet cookie or an information collecting device from a Web server. (7) Information from a consumer report. (c) "Financial institution" generally means any institution located in unincorporated San Mateo County that engages in financial activities as described in Section 1843 (k) of Title 12 of the United States Code and doing business in unincorporated San Mateo County. An institution that is significantly engaged in financial activities is a financial institution. The term "financial institution" does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of l97l (12 U.S.C. Sec. 2001 et seq.), provided that the entity does not sell or transfer confidential consumer information to a nonaffiliated third party. The term "financial institution" does not include institutions chartered by Congress specifically to engage in a proposed or actual securitization, secondary market sale, including sales of servicing rights, or similar transactions related to a transaction of the consumer, as long as those institutions do not sell or transfer confidential consumer information to a nonaffiliated third party. The term financial institution does not include any person licensed as a dealer under Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code that enters into contracts for the installment sale or lease of motor vehicles pursuant to the requirements of Chapter 2b (commencing with Section 2981) or 2d (commencing with Section2985.7) of Title 14 of Part 4 of Division 3 of the Civil Code and assigns substantially all of those contracts to financial institutions within 30 days. The term "financial institution" does not include any provider of professional services, or any wholly owned affiliate thereof, that is prohibited by rules of professional ethics or applicable law from voluntarily disclosing confidential client information without the consent of the client. (d) "Affiliate" means any person or entity that, directly or indirectly, controls, is controlled by, or is under common control with another person or entity. A franchisor, including any affiliate thereof, shall be deemed an affiliate of the franchisee for purposes of this ordinance. (e) "Nonaffiliated third party" means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control, with the financial institution. (0 "Consumer" means an individual or business that obtains or has obtained, from a financial institution as defined in subsection (c) above, a financial product or service that is to be used primarily for personal, family, or household purposes, or that individual's legal representative. For purposes of this ordinance, an individual is not a consumer of a financial institution solely because he or she is (1) a participant or beneficiary of an employee benefit plan that a financial institution administers or sponsors, or for which the financial institution acts as a trustee, insurer, or fiduciary, (2) covered under a group or blanket insurance policy or group annuity contract issue by the financial institution, or (3) a beneficiary in a workers' compensation plan provided that (A) the financial institution provides all required notices and rights required by this ordinance to the plan sponsor, group or blanket insurance policyholder, or group annuity contractholder and (B) the financial institution does not disclose to any affiliate or any nonaffiliated third-party confidential consumer information about the individual except as authorized in Section 5.140.050. A consumer does not include an individual who obtains products or services for business, commercial, or agricultural purposes. (g) "Control" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of another entity. Control includes any of the following: (1) ownership or power to vote 25 percent or more of the outstanding shares of any class of voting security of a company, acting through one or more persons, (2) power in any manner over the election of a majority of the directors, or of individuals exercising similar functions, or (3) the power to exercise a directing influence over the management of policies of a http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2}}2lagenda20020806l20020... 0913012002 20020806_o_8 Page3 of7 company. (h) "Necessary to effect, administer, or enforce" means the following: (1) The disclosure is required, or is a usual, appropriate, or acceptable method to carry out the transaction or the product or service business of which the transaction is apart, and record or service or maintain the consumer's account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes the following: (A) Providing the consumer or the consumer's agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product. (B) The accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or another party involved in providing the financial service or product. (2) The disclosure is required or is a lawful method to enforce the rights of the financial institution or of other persons engaged in carrying out the financial transaction or providing the product or service. (3) The disclosure is required, or is a usual, appropriate, or acceptable method for insurance underwriting at the consumer's request, for reinsurance purposes, or for any of the following purposes as they relate to a consumer's insurance: (A) Account administration. (B) Reporting, investigating, or preventing fraud or material misrepresentation. (C) Processing premium payments. (D) Processing insurance claims. (E) Administering insurance benefits, including utilization review activities. (F) Forinternalresearchpurposes. (G) As otherwise required or specifically permitted by federal or state 1aw. (4) The disclosure is required, or is a usual, appropriate or acceptable method, in connection with the following: (A) The authorization, settlement, billing processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using debit, credit or other payment card, check or account number, or by other payment means. (B) The transfer of receivables, accounts, or interest therein. (C) The audit of debit, credit, or other payment information. (i) "Financial product or service" means any product or service that a financial holding company could offer by engaging in any activity that is financial in nature or incidental to financial activity under subsection (k) of Section 1843 of Title 12 of the United States Code (the United States Bank Holding Company Act of 1956). Financial service includes a financial institution's evaluation or brokerage of information that the financial institution collects in connection with a request or an application from a consumer for financial product or service. 0) "Clearly and conspicuously" means displayed in a manner that is readily noticeable, readable, and understandable to consumers. Factors to be considered in determining whether a notice or disclosure is clear and conspicuous include prominence, proximity, absence of distracting elements, and clarity and understanding of the text disclosure. (k) "Widely dishibuted media" means publicly available information from a telephone book, a television or radio progmm, a newspaper or a Web site that is available to the general public on an unrestricted basis. http://www.co.sanmateo.ca.us/bos.dirlBOSAgendas/agendas2}}2lagenda20020806l20020... 0913012002 20020806 o 8 Page 4 of 7 5.140.030 Non-DisclosureofConfidentialConsumerlnformation (a) A financial institution shall not disclose to, or share a consumer's confidential consumer information with, any nonaffiliated third party or affiliate unless the financial institution has provided written notice to the consumer to whom the confidential consumer information relates and unless the financial institution has obtained a consent acknowledgement signed by the consumer that authorizes the financial institution to disclose or share the confidential consumer information. A financial institution shall not deny a consumer a financial product or a financial service because the consumer has not provided the signed consent acknowledgment required by this section to authorize the financial institution to disclose or share his or her confidential consumer information with any nonaffiliated third-party or affiliate. (b) Nothing in this ordinance shall prohibit a financial institution from marketing its own products and services or the products and services of others to the financial institution's own customers, provided no confidential consumer information is disclosed except as permitted by Section 5.140.050. (c) Except as otherwise provided in this ordinance, an entity that receives confidential consumer information from a financial institution under this ordinance shall not disclose this information to any other entity, unless the disclosure would be lawful if made directly to the other entity by the financial institution. 5.140.040 Notice and Consent (a) Nothing in this ordinance shall require a financial institution to provide a written notice to a consumer pursuant to Section 5.140.030 if the financial institution does not disclose confidential consumer information to any nonaffiliated third-party or to any affiliate, except as provided in Section 5.140.050. (b) A financial institution shall provide written notices and consent acknowledgements required by this ordinance to consumers as separate written documents that are easily identifiable and distinguishable from other documents that otherwise may be provided to a consumer. A notice provided to a member of a household pursuant to Section 5.140.030 shall be considered notice to all members of that household unless that household contains another individual who also has a separate account with the financial institution. (c) Written notices required by this ordinance shall include at least the following: (1) The specific types of information that would be disclosed or shared, (2) The general circumstances under which the information would be disclosed or shared, (3) The specific types of persons or businesses that would receive the information, and (4) The specific proposed types of uses for the information. 5.140.050 Exempt Disclosures (a) Section 5.140.030 shall not apply to information that is not personally identifiable to a particular person. (b) Section 5.140.030 shall not prohibit the release of confidential consumer information under the following circumstances : (1) The confidential consumer information is necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with servicing or processing a financial product or service requested or authorized by the consumer, or in connection with maintaining or servicing the consumer's account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity, or in connection with a proposed or actual securitization or secondary market sale, including sales of servicing-rights, related to a transaction of the consumer. http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806l20020... 09130/2002 20020806 o 8 Page 5 of7 (2) The confidential consumer information is released with the signed consent acknowledgment of or at the written direction of the consumer. (3) The confidential consumer information is: (A) Released to protect the confidentiality or security of the financial institution's records pertaining to the consumer, the service or product, or the transaction therein. (B) Released to protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims or other liability. (C) Released for required institutional risk control, or for resolving customer disputes or inquiries. (D) Released to persons holding a legal or beneficial interest relating to the consumer. (E) Released to persons acting in a fiduciary or representative capacity on behalf of the consumer. (4) The confidential consumer information is released to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institution's compliance with industry standards, and the institution's attomeys, accountants, and auditors. (5) The confidential consumer information is released to the extent specifically required or specifically permitted under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. Sec. 3401 et seq.), to law enforcement agencies, including a federal functional regulator, the Secretary of the Treasury with respect to 12 U.S.C. Secs. 195l-1959, the Califomia Departrnent of Insurance, or the Federal Trade Commission, and self-regulat ory or ganizations. (6) The confidential consumer information is released (A) to a consumer reporting agency in accordance with the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), or (B) from a consumer report reported by a consumer reporting agency. (7) The confidential consumer information is released in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of confidential consumer information solely concerns consumers of the business or unit. (8) The confidential consumer information is released to comply with federal, state, or local laws, rules, and other applicable legal requirements; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or surrmons by federal, state, or local authorities; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. (9) When a financial institution is reporting a known or suspected instance of elder or dependent adult financial abuse or is cooperating with a local adult protecting services agency investigation of known or suspected elder or dependent adult financial abuse pursuant to Article 4 (commencing with Section 15630) of Chapter 11 of Part 3 of Division 9 of the Welfare and Institutions Code. (10) The confidential consumer information is released to a nonaffiliated third party in order for the nonaffiliated third party to perform services for or functions on behalf of the financial institution in connection with the financial institution's products and services, such as mailing services, data processing or analysis, or customer surveys, provided that all of the following requirements are met: (A) The services to be performed by the nonaffiliated third party would be lawful if performed by the financial institution. (B) There is a written contract between the nonaffiliated third party and the financial institution that prohibits the nonaffiliated third party from disclosing or using http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806/20020.-. 0913012002 20020806_o_8 Page 6 of7 the confidential consumer information other than to carry out the purpose for which the financial institution disclosed the information, as set forth in the written contract. (c) The confidential consumer information provided to the nonaffiliated third party is limited to that which is reasonably necessary for the nonaffiliated third party to perform the services contracted for on behalf of the financial institution. (11) The confidential consumer information is released to identiff or locate missing and abducted children, witnesses, criminals and fugitives, parties to lawsuits, parents delinquent in child support payments, organ and bone marow donors, pension funds beneficiaries, and missing heirs. (c) Nothing in this ordinance is intended to change existing law relating to access by law enforcement agencies to information held by financial institutions. 5.140.060 InsuranceandSecuritiesDisclosures (a) The restrictions on disclosure and use of confidential consumer information, and the requirement for notification, disclosure, and opportunity for the consumer to either direct that the confidential consumer information not be disclosed or provided prior written consent, as provided in this ordinance, do not apply to any person or entity that meets the requirements of Section 5.140.060 (a) (1) or (2) except when confidential consumer information is or will be shared with an affiliate or nonaffiliated third party. (1) The person or entity is licensed in one or both of the following categories and is acting within the scope of the respective license: (A) As an insurance producer, licensed pursuant to Chapter 5 (commencing with Section 162l), Chapter 6 (commencing with Section 1760), or Chapter 8 (commencing with Section l83l) of Division 1 of the Insurance Code. (B) Is duly licensed to sell securities. (2) The person or entity meets the requirements of Section 5.140.060 (a) (1) and has a written contractual agreement with another person or entity described in subsection (a) (1) and the contract clearly and explicitly includes the following: (A) The rights and obligations between the licensees arising out of the business relationship relating to insurance or securities transactions. (B) An explicit limitation on the use of confidential consumer information about a ;f,:r;#r"j"f"5.*sactions authorized by the contract and permitted pursuant to (C) A requirement that transactions specified in the contract fall within the scope of activities permitted by the licenses of the parties. (b) The restrictions on disclosure and use of confidential consumer information, and the requirement for notification and disclosure provided in this ordinance, shall not limit the ability of insurance producers and brokers to respond to written or electronic, including telephone, requests from consumers seeking price quotes on insurance products and services. 5.140.070 Administrative Fines (a) In addition to any other remedies and penalties provided by law, any financial institution that negligently discloses or shares confidential consumer information in violation of this ordinance shall be liable, irrespective of the amount of damages suffered by the consumer as a result of that violation, for an administrative fine not to exceed one thousand five hundred dollars ($1,500) per violation. (b) Any financial institution that knowingly and willfully obtains, discloses, or uses confidential consumer information in violation of this ordinance shall be liable upon a first violation, for an administrative fine not to exceed two thousand five hundred dollars ($2,500) per violation, http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806/20020... 0913012002 20020806 o 8 Page 7 of 7 or upon a second violation for an administrative fine not to exceed ten thousand dollars ($10,000) per violation, or upon a third or subsequent violation for an administrative fine not to exceed twenty-five thousand dollars ($25,000) per violation. (c) Any financial institution that knowingly and willfully obtains, discloses, or uses confidential consumer information in violations of this ordinance for financial gain shall be liable upon a first violation of this ordinance for an administrative fine not to exceed five thousand dollars ($5,000) per violation, or upon a second violation for an administrative fine not to exceed twenty-five thousand dollars ($25,000) per violation, or upon a third or subsequent violation for an administrative penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation and shall be subject to disgorgement or any proceeds or other consideration obtained as a result of the violation. (d) Nothing in this section shall be construed as authorizing an administrative fine or civil penalty under both 5.140.070 (b) and (c) for the same violation. 5.140.080 Fair Credit Reporting Act or Federal Conflict This ordinance shall not be construed in a manner that is inconsistent with the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). 5.140.090 Severability (a) If any provision of this ordinance is held by any court or by any Federal or State agency of competent jurisdiction, to be invalid as conflicting with any Federal or State law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this ordinance, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision thereof which had previously been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding. (b) If any section, subsection, phrase, clause, sentence, or word in this ordinance shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, it shall not nulliff the remainder of this ordinance but shall be confined to the article, section, subsection, subdivision, clause, sentence or word so held invalid or unconstitutional." SECTION 2 This ordinance shall be effective January 1,2003. http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806l20020... 0913012002 20020806 m 8 TO: FROM: SUBJECT: Page I of3 COTI\TY OF SAN MATEO Inter-Departmental Correspondence Board of Supervisors DATE: JuJy 16,2002 BOARD MEETING DATE: July 23,2002 Honorable Board of Supervisors Supervisor Mike Nevin Proposed County Ordinance regarding Consumer Financial lnformation Privacy Recommendation Approve introduction of a County ordinance regarding consumer financial information privacy with a second reading and adoption no sooner than August 6,2002. Background In1999, Congress enacted the Financial Services Modernization Act (also known as the Gramm- Leach-Bliley, or "GLB"Act). GLB is intended generally to prevent various financial institutions from conducting the business of other financial institutions. As part of the act, GLB allows businesses to share and sell customer information. The act requires financial institutions to inform consumers of their right to "opt out" (to notify affirmatively the financial institution that the consumer does not want his or her information shared). However, the "opt out" provision applies only to disclosures to non-affiliated third parties, such as telemarketers. Under GLB, customers have no right to opt out of the sharing of their nonpublic information between affiliates. GLB permits states to provide increased protections. SB 773 (Speier) and AB 1775 (Nation) have been two more prominent attempts to pass state legislation on the issue of financial information privacy. AB 1775 has effectively died in the Assembly Judiciary Committee. SB 773 remains on the Assembly floor having passed through the Senate and the required Assembly policy committees. The bill failed to gain the required 41 votes to pass the Assembly floor (32 ayes,26 noes; September 2001). SB 773 has been consistently granted reconsideration on the floor since the September 2001 vote. Senator Speier hopes to find the votes needed for passage before the end of the session in November. Daly City has introduced an ordinance similar to SB 773. The ordinance's second reading has been scheduled for August 12,2002. The County's proposed ordinance would, with exceptions, prohibit "financial institutions" from disclosing "confidential information" to third parties unless the financial institution has given written notice to the consumer and has received signed consent acknowledgement from the customer authorizing the disclosure. This ordinance would allow for administrative fines to be http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806l20020... 09l3Ol2OO2 20020806_m_8 levied against those financial institutions that negligently or intentionally disclose such information. Page2 of3 Discussion Consumers are increasingly concemed about the privacy of their personal financial information. According to a Harris poll released in February 2002,75o/o of those polled expressed concem about companies they patronized providing their information to other companies without their permission. Advances in technology and the proliferation and manageability of consumer information databases have enabled financial institutions significant ability to sell and utilize information of all kinds including nonpublic personal information about consumers. Over 5 years ago Christine Varney, Former Federal Trade Commissioner (1994-1997), stated, "[P]ersonal information about an individual is being collected at arate and to a degree unthinkable even five years ago." Subsequent developments in technology and compatibility to technology only reinforce Commissioner Varney's comments in 1 996. In support of SB 773, State Senator Jackie Speier stated protection of confidential consumer information is, "critical, since, with increasingly sophisticated innovations in technology, banks can manipulate the information to enable them to profile customers by, for example, wealth, personal habits, and life events such as inheritances, higher salary, and pregnancy." The sharing of confidential consumer information can impact consumers in ways they consider negative. Beth Givens, Executive Director of the Privacy Rights Clearinghouse, in testimony before the State Assembly Banking and Finance Committee regarding a similar privacy bill, gave several examples of how the sharing, selling and basic mishandling of confidential consumer information can have results not desired by consumers. Examples included a financial institution's sale of confidential consumer information "to a felon who then made hundreds of thousands of fraudulent entries on their credit cards to the tune of several million dollars in fraud." Existing law, as reflected in the Gramm-Leach-Bliley Act, does not provide a variety of protections proposed in the ordinance. GLB allows financial institutions to share confidential consumer information unless the consumer "opts out" of such disclosures. "Opt out" provisions require the consumer to take affirmative action to prevent the financial institution from sharing the consumer's confidential consumer information. The failure of the consumer to take that affirmative action implicitly permits the financial institution to share the information with nonaffiliated third parties. The opt-out provision of GLB does not adequately gauge a consumer's opinion about how the consumer's information is to be used. Failure to opt out can result from a number of factors including the consumer's inability to understand the opt-out notice or their simple failure to identify the opt out notice from other notices and advertisements included in the financial institutions communications. The consumer's conscious and active decision to take no action is only one of many reasons for a consumer to not opt-out. In addition, GLB does not permit consumers to opt out of information sharing between affiliates. The proposed ordinance would provide greater protection to consumers. Similar to the May 30th amended version of SB 773,the proposed ordinance would, with exceptions, require financial institutions to provide consumers with written notice and to receive signed consent acknowledgment before they share the consumer's confidential information with third parties. By requiring consumers to "opt in" financial institutions would be able to better determine the wishes of consumers regarding the sharing of their confidential information. The ordinance would require the written notice to describe the information to be shared, to what entities and for what purposes the information will be shared. The proposed ordinance would provide greater protections than that found in Daly City's financial http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2}l2lagenda20020806l20020... 0913012002 20020806_m_8 Page 3 of3 information privacy ordinance. Daly City's ordinance addresses negligent disclosures, but does not address willful or intentional disclosures. However, this ordinance would not prohibit financial institutions from conducting everyday business such as using a separate company for mailing services for monthly bills and statements. This ordinance would also not prohibit financial institutions from marketing to their own customers. This ordinance would only apply to financial institutions located within unincorporated San Mateo County and for customers using those financial institutions. This Board supports SB 773 (Speier) and has reaffirmed its support for the bill with a letter signed by all Board members urging the Assembly leadership to pass the bill and send it to Governor Davis. With the inadequate protections of federal law and the inability of the State Legislature to pass greater protections, this ordinance provides an alternative method by which consumers can be protected. This ordinance would serve as a model ordinance for cities within San Mateo County as well as a model ordinance for other California counties. Vision Alignment Adoption of this ordinance ensures basic health and safety for all and supports Goal #7 to maintain and enhance the public safety of all residents and visitors. Fiscal Impact Adoption of the ordinance would have no fiscal impact to the County. However, potential litigation surrounding the ordinance and enforcement activities would have unknown costs. The approved administrative fines would offset some of the costs for enforcement. http://www.co.sanmateo.ca.us/bos.dir/BOSAgendas/agendas2002lagenda20020806l20020... 09130/2002 vd/42/2val 14rJ4 Ll rY LLtt(KS Ul-FlLt ) 9542BJHb N0.152 0AA2 l,v ctrl b)l TN ORDINA}ICE OE TIE CITI COI'NCIL OF TIIE CITY OF DAI,Y CTrY RBQITIRTNC NOTICE AND CONSs{'t PRIOR TO DISCIOSITRE OF CINFIDETEIAL CONgI'}TBR INFON,UATION BY FINANCIA:L TNSTITTITIONII ehrptar 5.92 of t!€ DaIy Cit)r l'fiElc{pr1 eoda Tbe ciry council, of rhe ciEy of Daly ciDy DoEs oRDAIN a5 fol.lows: aBqrroN 1. fbe cj.Ey of Daly Ciry atoes heleby ad.opE rhis oratinanceprohibiti[g, wiEh exceptioDs, the disclosure of confidential corf,sumer information, as defined beLow. by financial inst.ilut,ion6 locaEed wichln rheCity of Daly Ciry. sEcEIoN 2. The purpose of this Ordinatrce io uo require Iocal fina]lcialiDstitutiors to provj.de tbeir customers Doclce ald meaningful choice a-bout how consumerE, personal iDfolllaEion is sbared or sold by their financialilstituEions, DtgCLOgrrRE Op OOMIDtlrTrlr ctxsr !R lrnonrrATroN BY TOCIE PIIIAIICIAT IIIIITI TT'TI OXS Sectiona, 5.92.010 5.92 -020 5.92.030 5.92.0tO 5.92 . 050 5 -92 -060 5.92.070 5,92.010 Dlfr.alCr.on, D€flaiEi.ons. Ivo!-Dl6clodure o! Cotfiiletbial Conguoer Irfornation. Notice and Coa8cat. 8:tlq)t Di6cloaure3. InsuraDcG rtrd SGcurLelor DLgcloaurEg, .ldDltrl,€traELve PeDa].ties ald Civil IcDedi.s- lair Crcttll RGportlaE .ltcr or ,ederal coaflict. Por tbe purpos€s of rbis chapter, the follolding defiuitions apply: (a) { Conf ialent.!.al conaumer informatiotl" ueans persqDafly idenElftablefinancial inf,orrarion (1) 'that a coDsu,mer provtdes tso a fiDancial inst,itutionEo obrain a product or service frorn t!.e fina.ncial i[stlEucion, (2] a-bout acoEsuEer resultiDg trom any trangaction iavolviug a product or servicebetueeD the financial lnslltutioD and a consumer, "i (f) th&b Ehc flnarciatiDstitution Otherviae obtains a50ut a coBEumer in coanecclon with providing aproducc or service to thaE coDsumer. A-Ey p.reonarr.y idenrifiable informationiE liaanclar if 1! was obEained by a fiaanciat inetituclon la coDnection withproviding a financial product orlservice to a consuner, lncludlng th€ factEbat a coDauner is a customer of a flnaDclar instlcution rocated within theCiEy of DaIy City. Confldentsial colcruner infornation does aot inctu&pubLlcly available itrformation rhat 16 rar{fur}y made awailable to the generar I ORDINA}ICE NO. 1295 IIECTION 3. Chaprer 5.92 of the Daly City Municipal code is hereafter added to tbe Daly City Municipal Code to read as folLows: cElPTlL 5.92 oa/42/24e2 14t34 CITY CLERKS oFFICE ) 93428386 N0.152 0AA3 pubLic from (1) fetleral. ataCe, or 1ocal goverameD.E records, (2) uiately di6tribueeal Redia, or(3) disclosures to tbe geD,eraL public thats are requj.red to be made of fealeral, state, or local la!,r, excep! thaE confidenEial consumer inforo.aciou sha1l include aDy 1ist, descript.ion, or otber groupiDg of consumera, and pu.b1icly available information Bertaining Bo chemthat is derLved using aay nonpublic personal. informat.ion other Eba!publicly available intormation, but shalL not incl.ude aay 1ists, de6cripcion, or ocber grouping of conEumers, aad pu.bl,icly available informatioa pertaiulng to tbem tbaE is derived wiEhout usi[g aDy conf ideatial consumer inforrnatioD. (b) "PersoBally identifiable financial iofornation" io,cludes allof the follorring:(1) hformatsion a conaumer provides Eo a financial institution IocaEed witbiE the CiEy of Daly city oa au applicatiorl Eo obEain a loan,credit card, or other finaacial producE or service. (2) Account balance iaformaElon, payment bistory, overilraft biacory artd credlt or debiE card purchaoe iD'forlIatsion. (3) Tbe facE Eb,aE an ildivialual i6 or has been a customer of aflnancial insticution localed erithirl tbe City of DaIy Cify or has obtained aflnarecial product or servioe from a financial instituBion located witsblD tsheCity of DaIy city. (a) Any informatlon about a financial insEitutioE's consuner if icle diacloseil iD a marlller tbae indicaEes Ehac Ebe indivldual ia or has beea the fi ancial i!.stiEutioD'B coDBumer.(5) Ary iufonDation Ehag a consumer proeide6 to a fiaancialiaEcicurion or rhat a fiaaacial iBstitutioa located rrithiD Ehe ciry of DalyCity or iCE agenE, otherwise obtaiBs in coir!.ecEioD with collect'ing on a IoaBor servicing a loa!,. (5) Any lnformatioD, collectcd through an InEernet cookie or anintormation collectiDg device from a web Berver.(7) Information from a consumer report. (c) "fiD.ancial in€Citution. generally meaa6 iury inBtsiEutl.oD locatediE the City of DaIy Cl,r.y that ia engaging iu fiaa:rcia1 activitieE q6 described ln secEio!. 1843 (k) of TiEle 12 of the uDited stateE coale and doiEgbusincsa ln tbe Clty of Daly City. Ibe term "finaEclal ln6t.ltutlo!.. doeshclude a cormercial ba't., ErusE oorpauly, savlage aooociatioD, iDduslrialIoan conpaay, credit union, Lnsurance compauy, aecuritLea bioierage or peraonengaged iE the..busi-ueao of lendiag money and doing busiuess in Ul Ctty- otDaly Ctty. (d) oAffiliate' neara any person or eDtity Ehat, atirecEly or iDdirectly,coatro.Ls, ls oontrolled by, or iE under comnon contror rrith aDother perso; orentity. (c) "conaumern means a[ iDdj.vidual r,rho obtains or has obtailed afiua',cial producc or serrice from a fiuaacial instltution located. withiD. theClty of Daly city that is to be used primarlly for personal, family, orbousehold purposes, or that lndlvidual,6 legal reprisentalive - (f) nNecessary Eo effcct, ad{riBiEter, or eDforqe, meaas the follolrilg r (1) The d.isclo6ule iB required, or is a usual, appropriaEe, orcustoEary meEhod to carry ouE the traDsacttotr or the product orservlce busineeE of shicb the lranBacEioD ia a part, and record orservicc or nalatain tbe coDaunEr t a accou[t iB Eb.e ord,itrary courga ofproviding the iinancial servicc or fin8acial pfoduct, or to 2 t AA/42/2442 !4t34 CITY CLERKS oFFICE + 93428386 admilister or service benefifE or claillG lelaEing to Ehe transactlon or chc producc or aervice business of wbich it is a part, aDd includes the followiag: (A) Providing cIe consumer or tbe corEuner'a ageDt or broker witb. a coDfirEatioB, sEatemeDE, or oEher record of the ErangacEion, or iDtormation on tbe status o! value of the fi[aD.cial service or fiuancial product. (E) The accmal or recogai.lion of iaceatiwes or bouuaeB aa6ociated r.rith the transacEion Ehat are provided bry Ehe finaacial instiEutio! located rriEbin Ebe City of Daly City or anotber party iDvoLved in prov!.ding the financlal, service or product. (2) The discloaure le required or 1s a larrful method to enforce tbe rigb.ts of the financial instiEution or of other persons engaged in.carrying ouE lhe fiDancial lraD.saclioD or providing the product or 6ervice. (3) The discloEure iE required, or ia a usual, appropriaEe, or custooary melhod for insurance underwriEing at the coD,sumer,s reque6t. for reitrsurance purposeB, or for any of the following purposes as Ehey relate Eo a consumer' s insuratce: (A) Accourt admiDistratj.oD. (B) Reporting, inveetigauing, or preveating fraud or material misrepreeentacion. (C) Processing premiurn paymeEEs . (D) Processing insurance claims. (E) Adminigtering insurance beDef ibs, iDcluaiing utilization rewiewacti.viEies. (F) For iDternal research purposea. (G) As otsherwise required by federal or state lar.r. (,1) The diBclosure is reguired. or i6 a ueual, appropriate, or customary meihod, in co::aecEion vlth tsbe foJ.lowiag:(A) Tbe autshorizatioE, setElemenE, bi]ling, proceBsLng, clearing,tra-EBferriD.g, recoaciling, or collecEion of a&ountE cb.arged, debited,or oEherlrise paid using a debit, cred,it or other payllent card, check, or account number, or by other pa)rmeDt meaEs. (E) The transfer of receivableE, accounts, or i!tserests therein.(C) The audiE of debits, credlt, or other pa)ment iqtormation. 5.92.020 Iton-Dlscloauro of Coaf idestlrl ColluDcr IaforEacion N0.152 DAO4 (g) "Clcarly and conspicuoltsly' meaaB dieplayed iD. a ma-Drer thatie readily noticeable, reada5le, arld urdersEaldable to consumerB. FacEors to be considered in determlning wheEher a Eotice or disclosure igclear aad co[apicuous incrude proninence, proximity, aboence of dlatracuiage1erteDts, aDA clariEy aad under6lalding of the text disclosure. (b) nwidely diEtributed med-ia, rtrean6 publlcly avaiLable i'formetiou from alalephotre book, a Eelewisioa or radio program, a lewspaper or a l{eb site tshatis available to the geaeral public on an u.nreaErlcEed basis. (a) A fiDanclal i!.dtitsutioa localed with the city of Daly city 6ha1lnot dl.EcloBe to, or share a conftdenEial coDsumer inrornraciou reltl, any thirclparty, including an affiliate or ageaE of that flna'.cial tnsClUuClon, ir aBubsldlary, .nress the financial, iastitution has provialed wrLEten notLce totbe consumer to $rhoN! the confldentlar conoumer informatioE relateg alad urLessEbe flaaDclar ln6tltutsion hao obtained a writte' or electroDic co[Eencacluor.rledgrnent fron the conBumer tha! authgrizes the fi[ancial LnsEl,tqlio't Eodisclose or share the coBfident.ial conBumer iDformatioo. 3 ae/42/2442 74t34 CITY CLERKS oFFICE ) 93428386 (b) A financial instltution locaEed within the City of Daly City shall aoc deuy a corlsumer a finaucial produc! or a financial service because the consumer bas not provided. the conaenE requlled by cbi6 subdivision to autharize the fiaancial iusEitulior to discloee or ahare hl.s or herconfidential conBumer informatioD witb aBy third-party or affiliate" (c) If the consumer declinea to afflnraEively coaoent that confideD.tial consutner informalioD may be disclosed, EheD a finaucial iD.oticuEion looaEediu tbe City of DaIy City ahaU lot be allowed to earkeE its owr productss or Eervices to lbat coDsumer, or to provide tbat coDsumer's confidenEialinfonriation to with any rhlrd parEy, buoiness, agenE or enEity, except as provided in tbe Exenps Djsclosures of SubgectioD 5.92.040, below. 5.92.030 Notice aDd Conient (a) A tinancial institution ]ocated iD Ehe city of DaIy City thatproposes to disclose or share a corlsumer i s confideD.tiar consumer informacioDshall provide a Drriccen notice Co the consumer tbat ale€cribes (1) thespecific Eypes of information thaE would be disclosed or shared, (2) Ehegeueral circumstanceg under whlch the informatio! woulal be disclosed orshared, (3) the specific types of persoDs or businesses that. wouldreceive the informat.lon, and ({) Ehe specific propoged Eypee of usesfor the information. N0.152 0a@5 (b) A finaacial insEitution Located in Ehe City of DaIy city shal.lprovide roEices and consent acxnolrledgmencs to con6umer6 a6 separate docunenlE that are easily identifiabte anil disEiBguisbable from other documenEs Eb,ac ocherwiBe may be provlded, Eo a conlumer. 5.92. 0a0 &e[tpt, DiscloBuaeB (1) The confidertial consumer ilforaalioa is necessary to effecl,a&liDi8ber, or enforce a trangactsior requeBted or authorized. by thecoDBumer, or in coru.ectiou wlth serviciag or proceasing a financialproduct or service requested or authorized by the oonsuncr, or inco'Dection yith mainEainiDg or sereicing tl:e consumer's accou't rrltbthe fina{cial inatitution locared ui EhiD. Ehe cihy of Daly City, or withanother entity aE part of a privaEe label creali! card program- or otherexte[sioD of crediE on behalf of such eD.tj.ty, or in conneition wit] apropoBed or actual 6ecuritizaiion or secondary markeE 6a1e. including aaleaof gervicing rigbt6, relaEed to a transacEion ot the consurner.(2) The coDfideD.t.ial coDsumer iDfornEtion is released with theconsen! of or at the direcEion of lhe conaumer.(3) llre oobfldenuial consu$e! lnformacion lEr(A) Relea6ed Co prolect Ebe corlfidentlauty or sacurlty ot tbefi'a'ciat inaEitutsior,s records pertalniDg to tbe consumer, tshe service orproduct, or Ehe transaction chereiD.(B) Releaaed to protect agaiDst or preveDt acEual or poteEtialfraud, idenEity bhcft, u'autborized trartsactioas, claims, or ot-her ltability.(c) ReleaBeA for required instiEutioBal risk conErol, or forreaolving cualomer dieputea or inguiries.(D) ReleaEetl to persono bolding a lagaL or benefici.al iD.lereBE (a) Thls Chapter Bhalt nots appl.y to iaformatioa lhats iE D'oE personallyidentsifiable to a particular perBoD,. (b) fbis cltapter shall noc prohibir Ehe release of cotfialelEialconguner lnformatloa utder the folLowing circumgtaDces; 4 .@8/42/24@2 14134 CITY CLERKS OFFICE ) 93424346 relaEiEg tso Ehe conEumer. (E) Released to persoas acting in a fiduciary or represeaEative caPacitY on behalf of Ehe consumer, (F) Released to a courE of compeDent jurisdictsion. (s) Released to a state or I'ocal agency for the purpose8 of child supporc enforcemeDt. (4) The confidsrtial coDoumer informatio[ is released Eo provide information bo irsurance rate advisory organizatiooe, guaranby fundE or agencies, applicable rating ageucies of cbe finarlcial institution, persons asEessing the insEitution's compliaDce with industry scanalardE, and the iEEEilulion'B attorfleys. accountanEg, atld auditors, provided rhat rhe informaEion oblained is Dot useA for ary other purpooe. (5) The confident.ial couEumer ilformation io releaged tso the excenE specitically required under other provisions of law and in accordance with the Right to Fiaancial Privacy AcE of 1.978 (12 U.S.C. Sec. 3401 e! seq.), to 1au enforceEeD.l ageuoies, includiag a federal funcEioDal reg'ulator, the secretary of the Treasur). with regpect to subchapter Ir of Chapter 53 of Title 31, and Clapter 2 of Ticle I of Public Law 91-508 (12 U-S.C. Seca. 1951-1959), the california DepartsnenE of InsuraDce, or the Federal Trade Comnisaion, and self-requlatory organizatione -(6) Ahe confidential consumer informatiou is released (A) to a consuner reportiDg agenry in aocordaroe with the Fair Credit Reporting Act (15 U.S.C. Sec, 1681 ec oeq.), or (B) from a consumer reporE reportcd, by a coneumer reporting agency, provlded that the iaformation obtained ie noE ueed for any other purpoee,(7) The confidertial coDsumer informatioD. is released incorlection reith a proposed or actual saLe, merger, transfer. or exchatrge of alL or a portion o! a bu6ine6s or operati!.g unit if lhediaclogure of conflaiencial, consumer informalion concernB EoleLy consumers of sucb business or unit.(8) The confidentl.al consuner iaforuration is released to comPlylrith federal. stare, or 1ocaI 1awa. rules, aDd ocher applicable legal requiremenls, Co coq)Iy l,.lith a properLy auEhorized civi1, criminal,or regulatory investigation or subpoena or sumrnons by federal, state,or losal authoriliea; or to respbnd to juclicial. procees or government regiulatory authoritieg having JurlBdictlon ower Ehe finaEcial insc.icution forexaniDation, compliance, or other purposes as authorized by Iaw.(9) rher a flnancial insritutsioE in rhe City of Daly City iBreportiag a }coown or suspected in6Eanoe ot elder or depend,eat adurE finarclar abuse or is cooperaclng vrlcb a local adults protectsiwe eervicea ageucyinveGtigatio! of kaosn or suEpeoted e1d.er or depenaleqt adult tinanctil abuBe purBuar.t, to Article 3 (commenciag rith SecEi@ 15630) of ChapEer 11 of palt 3of Di-viEion 9 of the relfare and hstlEuti.ons Code. 5.92.050 IDsuralco aDA EecuritLGc D:IacI oatiraa N0.152 0AA6 (a) The restrictioBs on d,isclosure aD.d uEe of contideDtiaL coBsu&erLnfornratlon, ard Ehe requlreneBt. for Eotification, disclosure, aodotrDortuDity for the coEaumer to direct that tshe coafideatiaL cqDsumerj.nf,ormation be d:lacloEed throuqb prl.or yrittseD coEsen!, as provided in tbisChapter, do not apBl,y to aa), peraon or eD,tity thats ureete paragraph (L) or(2). belowr (1) Tbe peraoD or eDtj.ty is liccrreed iD one or borh of tha follotrlngcategories- ald is acting tdithin tbe Ecop€ of the rcspectl,vc licenge:(A) Aa an ineuranie ageot, Iicenaed purauaat to Cbapt6r s(conrnenclng rith SecElon 1621), Cbapccr 6 (cornrnenc!.ng witb SectioD. 5 L760), or ctapter I (cofi0nencing wiEh Section 1831) of Division L of Ehe In6ur lce code . (B) Is licensed to sell 6ecurities by Ehe uniEed st,aEes securities and Exchange CommiosioD. (2) The person or entity meeE.6 Ehe requirements iu paragraph (1) aDd bas a Hritten contractual agreemert wiEh aDother person or entity described in laragraph (1) aud the sontract clearly and explicilly includes, but is not limiEed to, the following: (A) The rights and obligations of tsbe parties in the insurance or secrrrities transacEion- (B) An e)cplicit Linitation otr Ehe use of confidential. consumer information about a consumer to cransactions autborized by the contract and tbe requiremenEs contaiaed in tshie Chapter. (C) The EransacE.ionr gpecified iu subparagraPh (B) fa]l withiE tbe 6cope of acEivities permitted by Ehe licen€es of tbe perEies. (b) Tbe restricEions on disclosure aad use of confidential conalurer information, and tbe requiremeat for notificatioD, aEd di6cl.o6ure provlded in thls chapcer, 6ba11 noE Linir the abiliEy of ingurance agerto and brokera to reEpond !o w'rittcn or elecEronic, iucludiag lelephone, requeBto from conEumers oeeking price quotes oE insurance products and serviceg. 5.92.060 ldDitriatraEivc PaDaltios and Civil Reaed.iea 5.92 . 070 Iair Crcdit I,eportinq lct oE lid8Erl conflLct slcrloN { -SewarabLlLty. N0.152 0AA? (a) In additiou to any other remcdies available at Iaw, any conBumer may briag aD action agaiust a!.y financial iD3titution locatedin the ciE], of DaIy city thaE negligently discloses o! sbares confideutial coEsumer iDformation concerning bim or her ill violation of chis chapEer,for eicher or boEh of tshe fo1lorriD.g:(1) Nominal damages of one hund.red do11ar6 (g1oo). In order torecover under thiB paragraph, it sball not be necessary tbat tshe pleiutiffsuffered or waE lhreaEened l,ith acEual damageo.(2) The amount of actual daBages, if ary, sustained by tbe consumer. {b) In addition, any fina-nciaL irsEitution located iu the City of Da}yciEy Ebat negligentty discloses or shares confidential co'sumer intormationin violatio' ot Ehis Chapter shall be liable, lrrespecclve of the anount ofdanages suffered by Ebe coDsumer aE a resul,t of that violabio!, for aD.administratlve fj.ne or ciwil penalty aot to exceed five hundred. dolLarg($500) per violatioa. ThiE cbapter aharl aots be coastrued: in a mauuer that is inconsisrent $lEhtbe federal pair Credit ReporriDg.Lct (15 U,S,c. Sec- 1681 eE seq.) i or to beiE coDflicE r/itsh a,"y f,ederal seaEutc or regurarion thae pre-empcJ Ei.is areaof reguletl,oD to tb,e exclusion of local conErol. If any provision of bhis. Chapter is hetd by a_D.y courc or by any pederal orsrate agency of co'rpeteDt Jurisdictlon, co be luvalld ae conflicting witb atryPederaL or EEaEe r.ar.r, rurc or reguration nov or hereafter in effecll or iahgfd by such cour! or agency to be nodifiedt iE any rray in order to co!.form tothe requirementa of aDy auch lar, rure or reguraEl.on, such provision 6har1 beeonsialered a Eeparate, distinct, and independeuE parE of tbie Chaptcr, aad 6 -A8/A2/2442 L4134 CITY CLERKS oFFICE ) 9342A3A5 "A8/A2/2O92 14t34 CITY CLERKS BFFICE ) 93428386 N0.152 D8A8 such bolding ehall noE affect the validity and enforceabiliEy of a1l other provisioos hereof. In the events Ehat such law, rule or regul.atiou is subsequentl.y repealed, rescinded, amended or othemise changed, so that tshe provision thereof which had previously been held invalid or modlfied is no longer in conflicb with such laur, nrle or regulation, said. provision shall thereupon return to fuII force and ef,fect and sbal} thereafter be binding. If any article, eection, gubseccion, phrase, clause, sentence, or word inthis Ctrapter shal.l for any reaE,or be held invalid or unconstitutional by a court of compeUenc Jurisdiotion, its sbalI not nuLlify che remainder of tbis Chapter but ghalI be confined to Ehe articJ.e, section, eubgection, subdivision, clause, sentence or yrord so held invalid or unconstitutional. SECTION 5. Bnv:Lronaantal Determination. Ihe clty council of che City of Daly City finde a.ad determinee that the implemeutation of measuree deacrtbed ln this Chapter is in furtherance police powers of rhe City of DaIy City, and. that theee purposes are exempE from the prowisions of tshe California Environmental Orality Act (CEQA),- Ctapter 3 (commencing wiEh Section 21100) of Diwision 13 of the Public Reaourceg code, ae provided in cacegorical exemption Classes 1, 4, 5,7,8, 9, a:rd or 2L of the CEQA Guidelines (Tit1e 14, california code of Regrulations, Sectione 1s301-1s329). SECaION 6. Publlcqtlon/Sumary. PurBuatrt to the Provisi6as of Government Code Section 35933, a summarT ofthis ordinrnce shall be prepared by che City AtEorney. AE leaeE five (S) daye prior to the council meeEing aE which this ordinance is echedul.ed to be adopted, Ehe City Clerk ahall (1) ptrblish the sununary, and (2) post in theCity C3.erk's office a certified copy of this ordinance. I,rithin fifteen (15) daye after the adoption of thie ordlnance, Ehe cicy C1erk shau (I) publigh the summary, and (2) post in the City Clerk's offioe a oertified copy of thefull text of this ordinance along with the Eames oi tho=" city Couacil members voElng for and agalnet Ehis ordinance or otherwiee vocing. rhisordinance shall become effective Ehirty (30) days from and after its adopcion. Introducod$ie 24th &yoL,2OO2 AYTS, Ciry fas_ s{-ud1@todaseaOtdinaaceoftheCiryofDalyCityofDalyCiryofDalyGryataregrlarmeeriogofrhe Cfty council of dre city ofDaly ciu held or the_ ttay of -"**, iooz-uy oe dlowing rote: NOES, eiry Abscnt, City APPROIY.ED: 7 MAYOR OF II{E CITY OP DALY CITY CITYCI.ERK OFTTIECITY OFDALY CITY SB 773 Senate Bill - AMENDED BII,I, NUMBER: SB 773 BILL TEXT AMENDED ASSEMBLY AUGUST 31-, 2OO2 ASSEMBLY AUGUST 24, 2OO2 ASSEMBLY AUGUST 22, 2002 ASSEMBLY AUGUST 19, 2OO2 ASSEMBLY SEPTEMBER ]-3, 2OO1 ASSEMBI,Y SEPTEMBER 6, 2OO1 ASSEMBI,Y AUGUST 30, 2OOL ASSEMBLY AUGUST 23, 2OOL ASSEMBLY JULY 14, 2001. ASSEMBLY JI]NE 29, 2OOI ASSEMBLY .ft NE 13 , 2001 SENATE MAY 30, 2OO1 SENATE APRIL 25, 2OOL AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED AMENDED 1N rN IN IN IN IN IN IN IN IN ]N IN IN Page 1 of 14 INTRODUCED BY Senator Speier end Jlssenrbll' Menlaers UaEien am.C-#(Irineipal eeauEherr SenaEer Burtsen) (Frineipal eeautshers r Assen$ly Menleers AlquisE a*C Red Ir€h.€€I (eear*Eherer Jlsscrnbll' Mcnibcrs ehanr Chur Cehnr CerbeEtsr FEBRUARY 23, 2OO]- An act to add Division 1.2 (commencing with Section 4050) to the Financial- Code, relating to financial privacy. LEGTSLATIVE COT'NSELI S DIGEST SB 773, as amended, Speier. Financial institutions: confidential consumer information. Existing 1aw provides for the regulation of banks, savings associations, credit unions, and industrial loan companies by the Department of Financial Institutions and by certain federal agencies. Existing federal J-aw, the Gramm-Leach-Bli1ey Act, requires financial- institutions to provide a notice to consumers relative to the use by the financial- institution of nonpublic personal information, and in that regard authorizes consumers to direct that the information not be shared with nonaffil-iated third parties. This bill would enact the California Financial Information Privacy Act, which would require a financial institution, as defined, to provide a specified written form to a consumer relative to the sharing of the consumer's confidential consumer information, as def i-ned /] €iraneiaf JnstsitruEien Ee neE share Ehe eenfiCcntriel ecnsumer i pE€r'( The bill would require the permission of the consumer before the financial- institution coufd share the confidential consumer information with...ct&€- nonaf f if iated companies. The bill wou]d provide that a financial institution is not required to provide thiswritten form to its consumers if the financial- institution does not discl-ose any confidential consumer information to any nonaffiliated 3rd party er Ee anl' affiliatse This bill woufd provide that a financial- institution shall not deny a consumer a financial product or service because the consumer http://www.leginfo.ca.gov/pub/bilVsen/sb 0751-0800|sb 773 btll 20020831 amended a 0913012002 SB 773 Senate Bill - AMENDED has not provided the necessary consent that would authorize the financial institut.ion to disclose or share confidential consumer information. The bill woufd require a financj-al- insEitution to comply with the consumer's request regarding confidentiaf consumer information within 45 days of receipt of the request. This bill would provide EhaE Ehe biff weulC neE aPp]}' Ee insE,iEuEiens anC Eheir affifiaEcs prevideC EhaE eerEain requircmenEs are meE. Ehe bilf neuld alse pre','iCe that a f inancial- institution may disclose confidential consumer information to an affiliate or a nonaffil-iated 3rd party in order for it to perform certain services on behalf of the financial institution if specified requirements are met. The bill woufd provide other exceptions from its provisions applicable to particular situations. The bill woul-d provide that confidential consumer information may be released in order to identify or l-ocate missing children, witnesses, criminals and fugit.ives, parties to fawsuits, and missing heirs and that it woul-d not change existing law regarding access by law enforcement agencies to information held by financial institutions. The bil-1 would also provide for disclosure of confidenLial consumer information under various other specified circumsLances. The bill would provide on January 1, 2003, that enactment of t.hese provisions preempts all local agency ordinances and regulations relating to this subject. The bill would enact other rel-ated provisions. The bill woufd also provide various civil penalties for negligent, or knowing and will-ful- violations of these provisions. The bitl wouId, except as provided above, become operative on January 1_,2004 , except that penalties under the bil-l would not become operative until July 1 , 2004. Vote: majority. Appropriation: no. Fiscal committee: yes. Stsate-mandated loca1 program: no. Page 2 of 14 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1. Division 1.2 (commencing with SecEion 4050) is added to the Financial Code, to read: DIVISION 1.2. CAI,IFORNTA FINANCIAL INFORMATION PRIVACY ACT 4050. This division shal-l- be known and may be cited as the California Financial- fnformation Privacy Act. This division shal1 beeeme eperatrive en }levenileer 1r 3003r exeepE EhaE SeeEien 4058.5 shaf] beeeme eperaEire er 'anuarl' 1r 2003. become operative on January 7, 2004. 4051. (a) The Legislature intends for financial- instit.utions to provide their consumers notice and meanj-ngfu1 choice about how consumers' personal information is shared or sol-d by their financial- institutions. (b) It is the intent of the Legislature in enacting the Cal-ifornia Financial- fnformation Privacy Act to afford persons greater privacy protection than those provided in Public Law 106 -1,02, the federal Gramm-Leach-81i1ey Act, and that this division be interpreted to be consistent with that purpose. 4052. For the purposes of this division:(a) "Confidential consumer j-nformatj-on" means personally identifiabfe financial information (1) provided by a consumer Lo a financial institution, (2) resulting from any transaction with the consumer or any serwice performed for the consumer, or (3) otherwise obtained by the financial institution. Confidential consumer http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_773_bill:20020831_amended_a... 0913012002 SB 773 Senate Bill - AMENDED information does not incl-ude publicly available information that the financial institution has a reasonabfe basis to believe is 1awfu11y . made'available to the general public from (1) federal, state, or l-ocaI government records, (2) widely distributed media, or (3) disclosures to the general public lhat are required to be made by federal-, state, or locaf law. Confidential consumer information shall include any 1ist, description, or other grouping of consumers, and publicly available information pertaining to them that is derived using any nonpublic personal- information other than publicly availabl-e information, but shal1 not include any l-ist, description, or other grouping of consumers, and publicly available information pertaining to them that. is derived wit.hout using any confidential consumer information.(b) "Personal-1y identifiable financial- information, means information (1) that a consumer provides to a financial institution to obtain a product or service from the financial institution, (2) about a consumer resulting from any transaction involving a product. or service between the financial instiEution and a consumer, or (3) that the financial- institution otherwise obtains about a consumer in connecLion with providing a producL or service to that consumer. Any personally ident.ifiable information is financial- if it was obtained by a financial inst.itut.ion in connection wiEh providing a financial- producE or service to a consumer, including the fact that a consumer is a cusLomer of a financial institution or has obtained a financial product or service from a financial institution. Personally identifiable financial- information includes al-l- of the foll-owing: (1) Information a consumer provides to a financial- institution on an application to obtain a 1oan, credit card, or other financial product or service.(2) Account balance information, pa)rment hist.ory, overdraft. history and credit or debit card purchase information. (3) The fact that an individual is or has been a customer of a financial institution or has obtained a financial product or service from a financial- institution.(4) Any information about a financial institutionrs consumer if it is discl-osed in a manner that indicates that the individual is or has been the financial institutionrs consumer.(5) Any infolmation that a consumer provides to a financial- instit.ution or that a financial institution or its agent otherwise obtains in connection with collecting on a foan or seruicing a 1oan. Page 3 of 14 (5) Any personalJ-y identifiable financial- informat.ion collected through an fnternet cookie or an information col-lect.ing device from a Web server. (7) fnformation from a consumer report.(c) "Financial institutiont' means any institution the business of which is engaging in financial activities as described in Section 1843 (k) of Titl-e L2 of the United States Code and doing business i-n this state. An institution that is not significantly engaged in financial activities is not a financial- institution. The term "fj-nancial institution" does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1,971, (l-2 U.S.C. Sec. 2001 et seq.), provided that the entity does not seII or transfer confj-dential consumer information to a nonaffiliated third party. The term "financial_institution" does not include institutions chartered by Congress specifically to engage in a proposed or actua1 securitization, secondary market sa1e, including sales of servicing rights, orsimilar transactions related to a transaction of the consumer, aslong as those institutions do not sefl- or transfer confidential consumer information to a nonaffil-iated third party. The term "financiaf institution,' does not incl-ude any person licensed as adealer under Article 1 (commencing with Section 1l"7OO) of Chapter 4of Division 5 of the Vehicle Code that enters into contracts for the http://www.leginfo.ca.gov/pub/bilUsen/sb 0751-0800/sb 773 bill 20020831 amended a... 0913012002 SB 773 Senate Bill - AMENDED installment sal-e or lease of motor vehicl-es pursuant to the requirements of Chapter 2b (commencing with Section 2981,) or 2d (commencing with Section 2985.7) of Ti-tle 14 of Part 4 of Division 3 of the Civil Code and assigns substantially all of those contracts to financial- institutions within 3O days. The term rrfinanciaf instiEution', does not incl-ude any provider of profesqional services, or any who11y owned affil-iate thereof, that is prohibited by rul-es of professional- ethics or applicable law from voluntarily disclosing confidentiaf cfient informaEion without the consent of the cfient. Page 4 of 14 (C) "A€fifiaEe" means anl'enEiEl' tshaE eenErelsr is eenEre]]eC bl'r er is under eemmen eenEre] wiEh aneEher enEiEi'r buts dees neE inelude a jeinE enEltel-ee ef Eha enEiEl' *nd Ehc affiliaEc. A franehiserr inel,uCing anl' affifiaEe Eheraefr shaIl bc Ceemed an ef€iliaEc cf tshe ie* cnEitl' fer purpesce ef Ehis Civisicr-E,e Ehe exEcnE EhaE (1) t,he €inaneial insEiEuEien and iEs affiliaEed enEiEiae are effering firraneial predueEs er serviees in eenjuneEien wiEh anC as parE ef a fineneiel aetriviEiesr (Jl) in'resEmenE manager*ents ser,'ieesr {B) are inEegraEeC and EhaE inEegraEien faeifiEaEes Ehc previsien ef tAh.e€€....sc=ri.ee+ (d) "Nonaffiliated third partyt' means any entity that is not an affiliate of, or related by common ownership or affil-iated by corporate contro1 with, the financial institution, but does not incl-ude a joint employee of that institution and a third part.y. 4 (e) rrConsumerrr means an individual resident of this state who obt.ains or has obtained a financial product or service from a financial institution thaE is to be used primarily for personal, family, or household purposes, or thaL individual's legal representative. For purposes of this division, an individuaL resident of this state is someone whose Last known mailing address, other than an Armed Forces Post Office or Fleet Post. Office address, as shown in the records of t.he financial institut.ion, is focated in this state. For purposes of Ehis division, an individual is not a consumer of a financial- institution so1e1y because he or she is (1) a participant or beneficiary of an employee benefit plan that a financial- institution administers or sponsors, or for which the financial institution acts as a trustee, insurer, or fiduciary, (2) covered under a group or blanket insurance policy or group annuity contracL issued by the financiaL institution, (3) a beneficiary in a workers' compensation pIan, (4) a beneficiary of a trust for which the financial institution is a t.rustee, or (5) a person who has designated the financial institution as trustee for a trust provided that (A) the financial institution provides all required notices and rights required by this division to the plan sponsor, group or blanket insurance policyholder, or group annuity contractholder and(B) the financial institution does not discl-ose to any affiliate or any nonaffiliated third-party confidential consumer i-nformation about the individual except as authorized in Section 4056. A consumer does not incl-ude an individual who obtains products or services for business, commercial, or agricultural purposes. -.(€+(t) 'rControlrr means (1) or^mership or power to vote 25 percenE or more of the outstanding shares of any class of voting security of a company, acting through one or more persons, (2) control in any manner over the el-ection of a majority of the directors, or of individuals exercising similar functions, or (3) the http://www.leginfo.ca.gov/pub/bilVsen/sb_0751-0800/sb_773_billJ002083l_amended_a... 09/3012002 SB 773 Senate Bill - AMENDED power to exercise, directly or indirectly, a controlling influence over the management or policies of a company. However, for purposes of the application of the definition of control as it relates to credit unions, a credit union has a controlling influence over the management or policies of a credit union service organization (CUSO), as that term is defined by state or federal- 1aw or regulation, if the CUSO is at l-east 67 percent owned by credit unions. For purposes of the application of the definition of control- to a financial institution subject to regulation by the United States Securities and Exchange Commission, a person who owns beneficially, either directly or through one or more controlled companies, more than 25 percent of the voting securities of a company is presumed to control the company, and a person who does not own more than 25 percent of the voting securities of a company is presumed not to control- the company, and a presumption regarding control may be rebutted by evidence, but in Ehe case of an investment company, the presumpt.ion shall continue until t.he United States Securities and Exchange Commission makes a decision to the contrary according to the procedures described in Section 2 (a) (9) of Ehe federal Investment Company Act of a940. 4 (S) rrNecessary to effect, administer, or enforce" means the following:(1) The disclosure is required, or is a usual, approprj-ate, or acceptable method to carry out the transaction or the product or service business of which the transaction is a part, and record or service or mainLain the consumerrs account in the ordinary course of providing the financial- service or financial product, or to administer or service benefits or cl-aims relating to the transaction or the product or service business of which it is a part, and incl-udes the following: (A) Providing the consumer or the consumerrs agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or val-ue of the financial service or financial product. (B) The accrual or recognition of incentives or bonuses associated with the transaction or communications to eligible exist.ing consumers of the financial- institution regarding the availability of those incenLives and bonuses that are provided by Ehe financiaf institution or anoEher party. (C) With respect to a financial- instj-tution that has issued a credit account bearing the name of a company primarily engaged in retail sales or a name proprietary to a company primarily engaged in retail sales, providing the retailer, or Licensees or contractors of the retailer that provide products or servi-ces in Ehe name of the retailer and under a contract with the retailer, with confidential consumer information concerning the credit account in connection with the marketing or provision of the products or services of Ehe retailer and those licensees or conLractors. (2) The discl-osure is required or is one of the lawful- or appropriate methods to enforce the rights of the financial institution or of other persons engaged in carrying out the financial transaction or providing the product or service.(3) The disclosure is required, or is a usua1, appropriate, or acceptable method for insurance underwriting or the placement of insurance products by licensed agents and brokers with authorized insurance companies at the consumer's request, for reinsurance, stop l-oss insurance, or excess loss insurance purposes, or fer any of the following purposes as they relate to a consumerrs insurance: (A) Account administration. (B) Reporting, investigating, or preventing fraud or material misrepresentat j-on. (C) Processing premium pa)rments. (D) Processing insurance cl-aims. Page 5 of 14 http://www.leginfo.ca.gov/pub/bilVsen/sb_0751-0800/sb_773_bill_?0020831_amended_a...0913012002 SB 773 Senate Bill - AMENDED (E) Ad.ministering insurance benefits, including utilization review acEivities.(F) Participating in research projects. (c) As otherwise required or specifically permiEted by federal or state Iaw. (4) The disclosure is required, or is a usual, appropriate, or acceptable method, in connecEion wit.h the following: (A) The authorization, settlement, bi11ing, processing, clearing, transferring, reconciling, or col-l-ection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or account number, or by other payment means. (B) The transfer of receivables, accounts, or interests therein. (C) The audit of debit, credit, or other pa)rment information. (5) The discl-osure is required in a transaction covered by the federal Real- EstaEe SettlemenL Procedures Act (12 U.S.C. Sec. 2501- et seq. ) in order to offer settlemenE services prior to the cl-ose of escrow (as those services are defined in l-2 U.S.C. Sec. 2602) , provided that (A) the confidential consumer information is disclosed for the sole purpose of offering those settl-emenE services and (B) the confidential- consumer information disclosed is l-imited to that necessary to enabl-e the financial- institution to offer those settl-ement services. (h) "Financial product or service" means any product or service that a financial holding company could offer by engaging in an activity that is financial in nature or incidental- to a financial activity under subsection (k) of Section 1843 of Title l-2 of the United States Code (the United States Bank Holding Company Act of 1955). Financial service incl-udes a financial institution's evaluation or brokerage of information that. t,he financial institution col-lects in connection with a request or an application from a consumer for a financial- product or service.+-j+(i) "C1ear and conspicuous" means that. a notice is reasonabfy understandable and designed to call attent.ion to the nature and significance of the information in the notice. (j) 'rwidely distribut.ed media" means media availabl-e to the general public and includes a telephone book, a television or radio program, a newspaper, or a Web site that is avail-ab1e to the general public on an unrestricLed basis. 4053. (a) A financial institution shall not disclose to, or share a consumer's confidential- consumer informat.ion with, any nonaffiliated t.hird party unless the financial institution has provided wri-tt.en notice pursuant to subdivision (c), to the consumer to whom the confidential consumer information relates and unl-ess the financial- institution has obtained a consent acknowl-edgment from the consumer pursuant to subdivision (c), t.hat authorizes the financial- institution to disclose or share the confidential consumer information. Nothing in this section shall prohibit the discl-osure of confidential consumer information as all-owed in Section 4055. A financial institution shall not. deny a consumer a financial product or a financial service because the consumer has not provided the consent required by Ehis subdivision to authorize the financial institution to disclose or share his or her confidential consumer information with any nonaffiliated third party. Nothing in this section is intended to prohibit a financial- institution from offering incentives to elj-cit a specific response to the notice. unfese Ehe finaneial insEitsuEien elear4' and ee*-pieueuefl' neEifies Ehe eensumer anil*all", eemmeneing en lle-,'endeer 1, 2003, in wriEing Ee tshe eensumer pursuanE Ee subdivieien (e) trhaE Ltre ia€ermaEien ma)'ba Page 6 of 14 http://www.leginfo.ca.gov/pub/bilVserVsb_0751-0800/sb_773_blll_!0020831_amended_a... 0913012002 SB 773 Senate Bill - AMENDED eensumer has neE CireeEed EhaE Ehe eenfiCenEial eensumer infermaEien i h'e€ause infermaE,i Catrabasce, and enEllel'ees ef Ehe €inaneiaf insEiEuEien and iEe affifiaEe have aeecss Ee Ehese eemrncn infermatrien s)'sEems er daEabases, er a eensumer aeeesses a i'Ieb siEe jeinEll' eperaEed er mairrtained unCer a eemmen name b}' er en behalf ef Ehe finaneia] instsiEr*Eien-and iEs affifiaEe(s), pncvided EhaE eenfiCenEia] eensumcr infermaEien is used er eEherwise diselesed en]l' as permiEEed bl' Ehie Cir*i-si€tu (b) (1) Subdivision (a) shall not prohibit the release of confident.ial- consumer informat.ion by a financial institution with whom the consumer has a relationship, to a nonaffiliated financiaf instituEion or institutions for purposes of jointly offering a financial product or financial service pursuant t.o a written agreement with the financial institution that receives the confidential consumer information provided that all- of the following requirements are met: (A) The financial product or service offered is a product or service of, and is provided by, at least one of the financial- institutions that is a party to the written agreement. (B) The financial product or service is jointly offered, endorsed, or sponsored, and cl-early and conspicuously identifies for the consumer the financial institutions that release the confidential consumer information and the financial institutions that receive that information. (C) The written agreement provides that the financial- institution that receives that confidenEial consumer information is required to maintain Ehe confidentiality of the information and is prohibited from disclosing or using the information other than to carry ouE Ehe joint offering or servicing of a financial product or financial service that is the subject of the written agreement. (D) Ehe finaneial i eensgme-;i i+(D) Notwithstanding this section, until .Tanuary 1, 2004, a financial instit.ution may disclose confidential consumer j-nformation to a nonaffiliated financial- instit,ution pursuants to a preexisting contract with the nonaffil-iated financial- institution, for purposes of offering a financial product or financial service, if that. contract was entered into on or before January 1, 2003. Beginning on January 1, 2004, no confidential- consumer information may be disclosed pursuanE to Ehat contract unl-ess all- the requirements of this subdivision are met.+(2) Nothing in this subdivision shall prohibit a financj-al institution from discl-osing or sharing confidential- consumer information as otherwise specifically permitted by this division. (c) (1) The form set forth in this subdivision, or one substantially simil-ar sha1l be sent by the financial- institution to the consumer so that the consumer may make a decision and provide direction to the financia1 institution regarding the sharing of his or her confidential consumer information. A form shall- not be deemed substantially simifar for purposes of this subdivision unl-ess at feast afl of the fol-lowing requirements are met: (A) The form uses the same titl-e ("fMPORTANT PRTVACY CHOICES FOR CALfFORNfANS") and headers (headings designated in al-l- capital letters in the form set forth be1ow, such as "SHARING fNFORMATION WITH AFFILIATED COMPANIES'') . PageT oft4 http://www.leginfo.ca.gov/pub/bilUsen/sb_0751-0800/sb_773_bill_20020831_amended a... 0913012002 SB 773 Senate Bill - AMENDED (B) The titles and headers in the form are clearly and conspicuously displayed, and no text in the form is smaffer than , 10-point type. (C) The form is a separate document. (2) (A) None of the instructional items appearing in parentheses in the form set forth below shall appear in the form provided to the consumer, as Ehose it.ems are for explanation purposes onIy. If a financial institution does not disclose or share confidentiaf consumer information as described in any one or more of the first three headers of the form, the financial institut.ion is not required to incl-ude the applicable header or headers, and the accompanying information and box, in the form it provides pursuanL to this subdivision.(B) rf a eensumer sefectss Ehe bex asseeiaEcC wiEh Ehc hcader resErieEing in€ermaEien sharing Ee Ehe greaEesE exEenE effevred br" lartr Eh+E eheiee shal] superscCe all eEhcr eheiees. (B) A financial institution shal-I not be in violaLion of this subdivision solely because it includes in the form one or more brief examples or explanations of the purpose or purposes, or conEext, within which information wil-l- be shared.+(c) The outside of the envelope in which the form is sent. shal-l clearly state in l-6-point boldface type "IMPORTANT PRIVACY CHoICES,rr except that a financial institution sending Lhe form to a consumer in the same envelope as a bill or account sLatement does not have to include the wording "IMPORTANT PRIVACY CHOICES" on that envelope. The form shall be sent in any of the following ways: (i) with a bilf or other sEatement of account, in which case the information required by Title V of the Gramm-Leach-B1i1ey Act may also be included. (ii) As a separate notice or with the information required by Titl-e V of the Gramm-Leach-Bliley Act, and including only information related to privacy. (iii) with any other mailing, in which case it shall be the first page of Ehe mailing. (3) The consumer shaLl- be provided an opportunity, before disclosure of information pursuant to this division, for 45 days from the date of postmark or other postal verification of mailing of the initial notice required by this subdivision, to direct that the confidentiaf consumer information not be disclosed except as otherwise permitted by this division. A consumer may direct aL any time that his or her confidential- consumer information not be disclosed, except as otherwise permitted by this division. A financial institution shal-1 comply with a consumer's directions concerning the sharing of his or her confidential consumer information within 45 days of receipt by the financial institution. When a consumer directs that confidential consumer i-nformation not be disclosed, that direction is in effect until otherwise stated by the consumer.(4) A financial institution shall- not deny a consumer a financial product or a financial service because the consumer has directed pursuant to subdivision (b) that his or her confidential consumer information not be disclosed provided that nothing in this section sha11 prohibit the discLosure of confidential- consumer information al-lowed by Section 4056. Nothing in this section is intended to prohibit a financiaf institution from offering incenti-ves to elicit a specific response to the notice.(5) A financial institution may elect to comply with the requirements of subdivision (a) with respect to disclosure of confidential consumer information to an affiliate or with respect to confidential consumer information disc1osed pursuant to paragraph (2) of subdivision (b) .(6) If a financial- institution does not have a continuing Page 8 of 14 http://www.leginfo.ca.gov/pubibilVsen/sb_0751-0800/sb_773_blll_?0020831_amended_a...0913012002 SB 773 Senate Bill - AMENDED refationship with a consumer other than the initial transaction in which t.he product or servlce is provided, no annual discl-osure 'requirement. exists pursuant to this section as long as the financial institution provides the consumer wiEh the form required by this section at the time of the initiaf transaction. As used in this section, "annualIy" means at least once in any period of L2 consecutive months during which that rel-ationship exists - The financial- institution may define Lhe 12-consecutive-month period, but shall apply it to the consumer on a consistent basis. If , for example, a financial institut.ion defines the l-2-consecutive-month period as a cafendar year and provides the annual- not.ice to the consumer once in each cal-endar year, it compl-ies wit.h the requirement to send the notice annua11y. (7) A financiaf institution with assets in excess of twenty-five million dol-lars ($25,000,000) shal-I incl-ude a seff-addressed postage paid return envel-ope with the notice. A f inancial inst,itution wit.h assets of up to and including twenty-five million dol-l-ars (g25,ooo,ooo) shall- include a self-addressed return envelope with the notice. fn addition to the return envelope required by this paragraph, a financial- institution may offer additional means for consumers to communicate their privacy choices, included, but not limited to, calling a toll--free number, sending a facsimiLe, or using electronic means. A financial institution shaLf clearly and conspicuously discfose in the form required by this subdivision the information necessary to direct the consumer on how to communicate his or her choices, including the Eol-f-free or facsimil-e number or Web site address that may be used, if those means of communication are offered by the financial institution. (8) A financial- institution shall file a copy of the initial notice or notices required by this subdivision wit.h the Attorney General. No subsequent filing is required unEil the financial- institution modifies the notice, in which case a copy of t.he notice as modified shall be fi1ed with the AtLorney General-. Nothing in t.his paragraph shall- be construed to require that a financiaf institution file with the Attorney General- a copy of the notice or notices it provides to consumers more often than once in each calendar year. The interpretations of functional regulators regarding the form required by this subdivision are not entitled to deference by a court. (d) Nothing in this division shalI prohibit a financial institution from marketing its own products and services or the products and services of affiliates or nonaffil-iated third parties to customers of the financial- institution as long as (1) confidential consumer information is not disclosed in connection with the delivery of the applicable marketing materials to those customers except as permitted by Section 4055 and (2\ in cases in which the applicable nonaffiliated third party may extrapolate confidential consumer information about the consumer responding to those markeEing material-s, the applicable nonaffil-iated third party has signed a contract with the financial institution under the terms of which (A) the nonaffiliated third party is prohibited from retaining or using that information for any purpose, and (B) the financial institution has the right by audit, inspections, or other means to verify the nonaffiliated third party's compliance with that contract. 4053.5. Except as otherwise provided in this division, an entity that receives confidentiaf consumer information from a financi-al institution under this division shall- not discl-ose this information to any other entity, unless the disclosure would be 1awful- if made directly to the other entity by the financial institution. An entity that receives confidential consumer information pursuant to any exception set forth in Sectj-on 4055 shal1 not use or discl-ose the information except in the ordinary course of business to carry out the activity covered by the exception under which the information was received. Page9 of 14 http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_773_bill_20020831_amended_a... 0913012002 SB 773 Senate Bill - AMENDED 4054. (a) Not.hing in this division shal-l- require a f inancial- institution to provide a written notice to a consumer pursuant Lo Section 4053 if the financial institution does noL disclose confidential consumer information to any nonaffil-iated third party or to any affiliate, except as al-fowed in this division. (b) A notice provided to a member of a household pursuant to Section 4053 shall be considered notice to afl members of that househol-d unless that household contains another individuaf who also has a separate account with the financiaf institution. (c) (1) The requirement to send a wriEten notice to a consumer may be fulfiIled by elect.ronic means if the following requirements are met: (A) The notice, and the manner in which it is sent, meets all of the requirements for notices that are required by l-aw to be in writing, as set forth in Section 101- of the federal Electronic Signatures in Globa1 and National Commerce Act. (B) A11 other requirements applicabl-e to the notice, as set forth in this division, are met, including but noE fimited to, requirements concerning content, timing, form, and delivery. (C) The notice shal-l- be del-ivered to the consumer in a form the consumer may keep. (2) A notice that is made available to a consumer, and j-s not delivered to the consumer, does not satisfy the requirements of paragraph (1). (3) Any electronic consumer reply Lo an electronic notice sent pursuant to this division is effective. A person that electronically sends a notice required by this division to a consumer may not by contract, or otherwise, eliminate the effectiveness of Ehe consumerrs elecLronic reply. (4) This division modifies the provisions of Section l-01 of the federal El-ectronic Signatures in Global and National- Commerce Act. However, it does not modify, limit, or supersede the provisions of subsection (c), (d), (e), (f), or (h) of Section 101 of the federal- Elect.ronic Signatures in Global and National Commerce Act, nor does it authorize electronic delivery of any notice of the type described in subsection (b) of Section 103 of that federal act. 4054.6. When a financial institution and a membership organization, tax-exempt organization, not-for-profit organization, or a professional sports team that is not a financial- institution have an agreement to issue a credit card in the name of the membership organization, tax-exempt organization, noE-for-profit organization, or Lhe professional sporEs team ("affinity card"), the financial institut.ion shalI be permitted to disclose to the entity in whose name the card is issued, the names and addresses, including electronic mail addresses, of the financial- inst.itution's consumers in receipt of the affinity card if all- of the fol1owing requirements are satisfied:(a) The financial instiEution has a contractual agreement with the membership organization, tax-exempt organization, not-for-profit organization, or professional sports team that requires the entity in whose name the affinity card is issued to maintain the confidentiality of the confidential consumer information and prohibits the entity in whose name the affinity card is issued from using the information for any purposes other than verifying membership, verifying the affinity cardholder's address or offeringi the entity's own products or services to the cardholder. Nothing in this section shall prohibit the disclosure of confidential consumer information allowed by Section 4056. (b) The customer list is not disclosed in any way that revea1s or permits extrapolation of any additional confidential- consumer information about any customer on the list.(c) ff the entity in whose name the card is issued sends any message to any electronic mail addresses obtained pursuant to this secti-on, the message sha11 include at least both of the following: Page 10 of14 http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_773_bill_!0020831_amended_a... 0913012002 SB 773 Senate Bill - AMENDED (1) The identity of the sender of the message. (2) A cost-free means for the recipient to noEify the sender noL to electronically mail any further messages to the recipienE- Page 11 of14 4055, {a} This di'risien shal} neE aPPf}' tse disefesuras beEween a menlaer ewneC Einaneia] insEiEuE,ien and iE,s affiLiaEcs, er beEwecn eusEemcr scriiee purpeses and neE fer marhcEing purpesesr anC tshaE E,hc finaneiat instsitsuEien meeEs afl ef Eh* fefferting rcquirementss: (1) A rnajeriEl'ef Ehe fineneiaf in-EitsuEien's eensumers are menleers ef trhe UnitseC SEaEes miliEarl' scr-"ieesr ycEcrans ef tshe depenCcntrs ef Ehesc persens and Ehc primarl- purpesc elEhe finaneiaf institueien iE Eo h€€€--P.r.s€n"L {3) rhe finaneia} insEitsuEien *nd iEs affiliaEes are in eenp}ianee rrlit&-E-i+.t€-Ii+f- Eh. f scrra] Sinan (3) Censumcrs ef tshc €inaneial insEiEutien anC iEs af€iliatscs ane cf infermaEien sharing ameng Ehe insEiEutsien and iEs affiliatscs €er marheEing purpeses. (b) Fer purpesas ef tshis seeEienr "markeEing purpeees" means fer usc in unsefieiEeC EelemarkcEingr unsefieiEeC CireeE mail, er unselieiEad eemmereial efeeEre*ie maif fer Ehe primarl'purpese ef enceuraging Ehe purehase er rcntra] efr cr invcsEmenE inr prcPcrEl'r geeCsr er serviees. Fcr purpcscs ef Ehis seeEienr "marlietsing eemmunieaEien frem sueh persen. 4056. (a) This division shal-l- not apply to informat.ion that is not personally identifiable to a particular person. (b) Sections 4053 and 4054 shal-I not prohibit the release of confidential- consumer information under the following circumstances: (1) The confidential consumer information is necessary to effect, administer, or enforce a transacLion requested or aut.horized by the consumer, or in connection with servicing or processing a financial- product or service requested or authorized by the consumer, or in connection with maintaining or servicing the consumer's account with the financial- instituEion, or with another entity as part of a private label credit card program or other extension of credit on behal-f of such entity, or in connection with a proposed or actual- securitization or secondary market sal-e, including sales of servicing rights, or similar transactions related to a transaction of t.he consumer. (2) The confidential consumer information is rel-eased with the consent of or at the direction of the consumer. (3) The confidential consumer information j-s: (A) Refeased Eo protect the confidentiality or security of the financial- institutionts records pertaining to the consumer, the service or product, or the transaction therein. (B) Released to protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims, or other liability. (C) Released for required institutional risk control, or for resolving customer disputes or inquiries. (D) Rel-eased to persons holding a 1ega1 or beneficial- interest relating to the consumer, including for purposes of debt collection. (E) Rel-eased to persons acting in a fiduciary or representative capacity on beha1f of the consumer. (4) The confidential- consumer j-nformation is released to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessj-ng the institution's complj-ance with industry http://www.leginfo.ca.gov/pub/bilVsen/sb_0751-0800/sb_773_bill_20020831_amended_a... 0913012002 SB 773 Senate Bill - AMENDED shall not exceed five hundred thousand dol-Lars occurrence. Page 14 of14 ( $s00, 000 ) per (b) An entity that knowingly and wil-l-fu11y obtains, discloses, shares, or uses confidentj-al consumer information in violation of this division shall be liable for a civil penalty not to exceed two thousand five hundred doflars ($2,500) per violation. (c) In determining the penalty to be assessed pursuant to a violation of this division, the court shal1 take into account the following factors: (1) The tot.al assets and net worth of the violating entity. (2) The nature and seriousness of the viol-ation. (3) The persistence of the violation, incfuding any attempts to correct the situation leading to the viol-ation. (4) The length of time over which the violation occurred. (5) The number of times the entity has viofated Ehis division. (6) The harm caused to consumers by the violation. (7) The l-evel of proceeds derived from the violation. (8) The impact of possible penaLties on the overall- fiscal solvency of the violating entity. (d) In the event a violation of this division resul-ts in the identity theft of a consumer, as defined by Section 530.5 of the Penal- Code, the civil penalties set forth in this section shal-l be doubled.(e) This section shall become operative on and after 'Ju1y 1 , 2004, for acts in viol-ation of this division that occur on and after .Tu1y L, 2OO4. 4058. This division sha1l not be construed in a manner thaE is inconsisLent with the federal Fair Credit Reporting Act (15 U.s.C. Sec. 1681 et seq.). 4058.5. Nothing in this division shall be construed as altering or annu1ling the auLhority of any department or agency of the state to regulate any financial institution subject to its jurisdiction. 4058.6. This division shall preempt and be excl-usive of all local agency ordinances and regulations relating to the use and sharing of confidential consumer information by financial- institutions. This section shall apply both prospectively and retroactively. 4059. The provisions of t.his division shal-I be severable, and if any phrase, clause, sentence, or provision is declared to be inval-id or is preempt.ed by federal- law or regulation, the validity of the remainder of this division shall not be affected thereby. http://www.leginfo.ca.gov/pub/bilVsen/sb_0751-0800/sb_773_blll_20020831_amended_a...0913012002 SB 773 Senate Bill - AMENDED standards, and the institution's attorneys, accountants, and auditors.(5) The confidential consumer information is released to the extent specifically required or specifically permitted under other provisions of law and in accordance with the Right to Financial- Privacy Act of 1978 (12 U.S.C. Sec. 3401 et seq.), to 1aw enforcement agencies, including a federaf functional regulator, the SecreLary of the Treasury with respect to subchapter II of Chapter 53 of TiEle 31, and Chapter 2 of Title I of Pubfic Law 91-508 (12 U.S.C. Secs. 1951-1959), the California Department of Insurance or other state insurance regulators, or the Federal Trade Commission, and self-regulatory organizations, or for an investigation on a matter re1ated to public safety. (5) The confidential- consumer informat.ion is rel-eased (A) Lo a consumer reporting agency in accordance with the Fair CrediL Reporting Act (15 U.S.C. Sec. 1-581 et seq. ) ; or (B) from a consumer report reported by a consumer reporting agency. (7) The confidential consumer information is rel-eased in connection with a proposed or actuaL sal-e, mergJer, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of confidential consumer information concerns so1e1y consumers of the business or unit. (8) The confident.ial- consumer information is refeased to comply with federal-, state, or local laws, rules, and other applicable Iega1 requirements,' to comply with a properly authorized civil, criminal, administrative, or regulatory investigation or subpoena or summons by federal-, state, or local authorities; or Eo respond to judicial process or governmenE regulatory authorities having jurisdicti-on over the financial institution for examination, compliance, or other purposes as authorized by law. (9) When a financial instiLuEion is reporting a known or suspected instance of elder or dependent adulE financial- abuse or is cooperating with a local aduft protective services agency investigation of known or suspected elder or dependent. adult. financial abuse pursuant to ArLicle 3 (commencing with Section 15630) of Chapter l-L of Part 3 of oivision 9 of the Welfare and Institutions Code. (10) The confidential consumer information is released to an affiliate or a nonaffil-iated third party in order for the affiliate or nonaffiliated third party to perform services, such as mailing services, data processing or analysis, or customer surveys, on behaff of the financial- institution, provided that al-l- of the following requirements are met: (A) The services to be performed by the affiliate or nonaffiliated third party cou1d Iawful1y be performed by Ehe financial- inst.itution. (B) There is a written contract between the affiliate or nonaffiliated third party and the financial institution that prohibits the affiliate or nonaffiliated third party, as the case may be, from disclosing or using the confidential consumer informat.ion other than to carry out the purpose for which the financial institution discl-osed the information, as set forth in the written contract. (C) The confidenEial- consumer information provided to the affiliate or nonaffiliated third party is limited to that which is reasonabl-y necessary for the affiliate or nonaffiliated third party to perform the servj-ces contracted for on behalf of the financial institution. (D) The financial institution does not receive any pa).ment from or through the affiliate or nonaffiliated third party j-n connection with, or as a result of, the release of the confidential consumer information. (11) The confi-dential consumer information j-s released to identify or locate mj-ssing and abducted children, witnesses, criminals and Page 12 of 14 http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_773_bill:20020831_amended_a... 0913012002 SB 773 Senate Bill - AMENDED fugitives, parties to lawsuits, parents delinquent in child support payments, organ and bone marrow donors, pension fund beneficiaries, ' and inissing heirs. (\2) The confidential consumer information is released to a reaL estate appraiser licensed or certified by the state for submission to centra1 data repositories such as the California Market DaEa Cooperative, and Ehe confidenLial consumer information is compiled strictly to complete other real estate appraisal-s and is not used for any other purpose. (13) The confidential consumer information is released as required by Title 11r of the federal united and Strengthening America by Providing Appropriate Tools Required to Intercept and ObsLruct Terrorism Act of 2001- (USA Patriot. AcE; P.L. L07 -56) . (c) Not.hing in this division is intended Lo change existing 1aw relating to access by 1aw enforcement agencies to informaEion held by financial instiEutions. 4056.5. (a) The provisions of this division do not apply to any person or entity that meets the requirements of paragraph (1) or (2) bel-ow. However, when confidential consumer information is being or will be shared by a person or entity meeting the requirements of paragraph (1) or (2) with an affiliate or nonaffil-iated third party, this division shal1 app1y. (1) The person or entity is licensed in one or both of the following categories and is acting within the scope of the respective license or certificate: (A) As an insurance producer, licensed pursuant to Chapter 5 (commencing with Section 1.621"), Chapter 5 (commencing with Section 1-'760), or Chapter 8 (commencing with Section 1831) of Division 1 of the Insurance Code, as a registered investment adviser pursuant to Chapter 3 (commencing with SecEion 25230) of Part 3 of Division 1 of Titl-e 4 of the Corporat.ions Code, or as an investment adviser pursuant to Section 202 (a) (11) of the federal fnvestment Advisers Act of 1940. (B) Is 1icensed to se1I securiEies by the National- Association of SecuriEies Deafers (NASD) . (2) The person or entity meets the requirements in paragraph (1) and has a wrj-t.ten conEractual agreement with another person or entity described in paragraph (1) and the contract clearly and explicitly includes the fol-l-owing: (A) The rights and obligations between the licensees arising out of the business rel-ationship relating to insurance or securities transactions. (B) An explicit limitation on the use of confidential- consumer information about, a consumer to transactions authorized by the contract and permitted pursuant to this division. (C) A requirement that transactions specified in the contract fal1 within the scope of activities permitted by the licenses of the parties. (b) The restrict.ions on disclosure and use of confidential consumer information, and t.he requirement for notification and discl-osure provided in this division, shal-l- not limit the ability of insurance producers and brokers to respond to written or el-ectronic, including telephone, requests from consumers seeking price quotes on insurance products and services or to obtain competitive quotes to renew an existing insurance contract, provided that any confidential- consumer information disclosed pursuant to this subdivision shall not be used or disclosed except in the ordinary course of business in order to obtai-n those quotes. 4057. (a) an entity that negligently discloses or shares confidenti-al consumer information in viol-ation of this division sha]1 be l-iable, irrespective of the amount of damages suffered by the consumer as a result of that viol-atJ-on, for a civil- penalty not to exceed two thousand five hundred dollars ($2,500) per vioLation. However, the total civif penalty awarded pursuant to this subdivision Page 13 of 14 http://www.leginfo.ca.gov/pub/bilVsen/sb_0751-0800/sb_773_blllJ002083l amended_a...09130/2002 STAFF REPORT /o-3- nL Mayor Mary AGENDA 8iITEM # MTG. DATE rolT lo2 TO: DATE: FROM: CITY COUNCIL SUBMITTED BY sUBJECT: Support for Measure C RECOMMENDATION: Recommend that the City Council adopt a resolution supporting Measure C on the November Ballot, which would arfihonze 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. BACKGROUND: The voters of the San Mateo Union High School District adopted Measure D in November of 2000. The San Mateo Superior Court has since determined that Measure D did not give clear notice to voters that some of the bond proceeds would be used for demolition or replacement of school buildings. Therefore, the district has put Measure C to the voters at the November 2002 election to clearly authorize the district Board of Trustees to use the proceeds from Measure D the for demolition and replacement of district buildings and necessary site preparation. As the council knows from a presentation made in recent months by Supt. Tom Moore, improvements to the Burlingame high school campus are in the planning stages and will be implemented beginning early in 2003. The successful passage of Measure C will allow for use of measure D money for these important improvements to the public facilities available at Burlingame High School. Exhibits A. Letter from the Ron Cox, Mayor of Foster City, urging of the Burlingame City Council to adopt a similar resolution to one that was adopted by the Foster City Council. I RESOLUTION NO. RESOLUTION OF THE CITY COT'NCIL OF THE CITY OF BURLINGAME URGING SUPPORT OF MEASURE C AUTHORIZING BOND PROCEEDS HELD BY THE SAN MATEO UNION HIGH SCHOOL DISTRICT TO BE USED TOR DEMOLITION AND CONSTRUCTION PROJECTS AND FOR SITE PREPARATION WHEREAS, Measure D adopted by the voters of the San Mateo Union High School District in November 2000 provided for the renewal of the six high schools in the District to provide a safe and healthy learning environment for our children; and WHEREAS, the San Mateo Superior Court has determined that Measure D did not give clear notice to the voters that some of the bond proceeds would be used for demolition or replacement of school buildings; and WHEREAS, demolition and replacement of certain structures at Burlingame High School is a key component of revitalizing the campus and sensitively bringing the School's facilities into the new century; and WHEREAS, the District has submitted a measure to the voters at the November 2002 election to clearly authorize the Districts Board of Trustees to use the proceeds from Measure D for demolition and replacement of District buildings and necessary site preparation, NOW, THEREFORE, BE IT RESOLVED: 1. The City Council urges citizens to vote in favor of Measure C for the San Mateo Union High School District, and support the renovations and repairs at Burlingame High School that will be funded by that measure. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certiff that the foregoing Resolution was introduced at a regular meeting of the City Council held on the _ day of _,2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COTINCILMEMBERS: Measure C - November 2002 City Clerk 6rry,/%b?,6@ ?ESTERO MUNICIPAL TMPROVEMENT DISTRICT 610 FOSTER CITY BOULEVARD FOSTER "rry, 9A94494-2c22 (650) 286-3200 FAX (6s0) s74-3483 l^l RECEIVED .l'i::ir i.l .-i - . -,., g,,#gFHlfii,$6[]fiE #r September l9,2AA2 Mayor Mary Jarurey City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Nlayor Janney: The Foster City City Council at its September 17 Regular Meeting passed the attached resolution supporting Measure C on the November 5 ballot which would authorize the San Mateo Union High School District to use bond funds already approved by Measure D on Novemb er 7,2000 for construction-related expenses at the District's six comprehensive high schools. I am writing to urge your city to pass a similar resolution to encourage all registered voters in the boundaries of the San Mateo Union High School District to vote in favor of Measure C. If you have any questions, please feel free to contact me at (650) 286-3220 or rcox@fostercitv.org. Sincerely, Cox DISTRIBUTION: Mayor t?1-, Council Manager Attomey ! No Response Required please respond D Dir. Finance fl City P'lanner O Dir. Public Works O Human Resources O Police Chief D Fire Chief .B Parks & Rec O Librarian O On Nexl Agenda PLEASE SEND A COPY OF YOUR RESPONSE TO THE CITY CLERK 7t" RESOLUTION NO. 2OO2-85 A RESOLUTION OF THE CITY COTJNCIL OF THE CiTY OF FOSTER CITY SL"PORTiNG MEASIIRE C ON THE NOVEMBER 5, 2OO2 BALLOT WHICH WOLJLD AUTHORIZE THE SAN MATEO {..]'NION HIGH SCHOOL DISTRICT TO USE BOND FL}IDS AIREADY APPROVED BY MEASIjRE D ON NOVEMBER 7, 2OOO FOR CONSTRUCTION-RELATED EXPENSES AT THE DISTRICT'S SIX COMPREHENSIVE HIGH SCHOOLS INCLTIDING THE REMOVAL OR REPLACEMENT OF OUTMODED OR T]}ISAFE BUILDN{GS CITY OF FOSTER CITY WHEREAS, the voters approved Measure D on the November 7, 2000 ballot that provided for the issuance of S137,500,000 in bonds to fund construction-related expenses at the six comprehensive high schools in the San Mateo Union High School Disrrict; and \WIEREAS, a group entitled "Save San Mateo High Schooll" filed a legal challenge and won a ruling in Superior Court that the language included in Measure D allowed for repair and reconstruction of buildings but did not allow for removal and replacement of buildings; and WHEREAS, this City Council has gone on record supporting the removal and replacement of San llateo High School as the best and most responsible alternative studied in the Environmenlal lmpact Report; and WHEREAS, this City Council agrees that the District Board should have the authority to expend the bond funds authorized by Measure D to remove and replace outmoded or unsafe buiidings if it is deemed to be in the best interest of the students and the public; and WHEREAS, Measure C on the November 5, 2A02 ballot would clarify the intent of the voters and provide said authority to the District Board and *'ould not authorize any additional bonds or create an additional financial burden on the taxpayers. NOW, T HEREFORE, B E IT R ESOLVED t hat t he C ity C ouncil o f t he City o f Foster City hereby supports Measure C on the November 5,2002 and encourages all registered voters in the boundaries of the San Mateo Union High School District to vote in favor of Measure C. PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of September, 2OO2,by the following vote: Reso'l uti on No. 2002-85 Councilmembers Harter, Townsend, l'lilder, Hykoff, and l'layor Cox None AYES: NOES: ABSENT: None ARSTAIN' None ATTEST: RON COX, TAHIR,CLERK (* Meeting g21s:,7E1 $3,369,834.53 Ck. No. 84466 - 85063 Excludes Library cks. 84591 - 84641 RECOMMENDED FOR APPROVED FOR PAYMENT Payroll for August 2002 $2,625,161.55 Ck. No. 149840 - 150632 .EFTS for August 2002 $533,692.77 -ELECTRONIC FUNDS TRANSFERS EFT'S INCLUDE: State Withholding SDI (State Disability) PERS- Health Benefits Retirement 'c 09-06-2002 TIIIS IS TO I}ICLUSIVE, TltE Ar,rou[T 0tF I clALs. ACCORDANCE CITY OF BURLINGAI4E UARRANT REEISTER FUND RECAP . O2.O3 PAGE 7 AMOUNTIIAMEFUND GENERAL FUND CAPI TAL IMPROVEMENTS FUND UATER CAPI TAL PROJECT FUIID SEIIER CAPITAL PROJECT FUNO IIATER FUI'IO SEIIER FUND GOLT CENTER FUND SELF INSURAIICE FUND FACI LITIES SERVI CES FUND EOUIPMEI'IT SERVICES FUND INFORMATION SERVICES FUND TRUST AND AGENCY FUND BURLINGAI.IE TRAIN SHUTTLE PROGRATI UTILITY REVOLVING FUIID 101 320 326 327 526 s27 529 618 619 620 621 731 736 896 48,723.78 108,943.67 25.00 27?,81A.36 17 ,909 ,39 6,806,64 2,500,00 3 ,307 ,31 3,590.84 27 ,227 .89 235 ,021 .58 32.15 1 ,819.20 IOIAL fOR APPROVAL $729,498.49 HOiIORABLE MAYOR AND CITY COUNCIL: CERTIIY THAT THE CLAII.IS LISTED ON PAGES NUI.IBERED FROM 1 THRO{',GII 7 Ai,IDIOR CLAII.IS NUI.{BERED FROI.I 84981 THROIJGH 85063 I}ICLUSIVE,TOTALIiIG IN OF 5729,198.49, HAVE BEEN CIIECKED IN DETAIL AND APPROVED BY THE PROPER AIIO IN MY OPINION REPRESENT TAIR ANO JUST CIIARGES AGAIIIST TIIE CITY II,I U'ITH ]HEIR RESPECTIVE AMOUNTS AS INDICATED THEREOII. RESPECTTULLY SUB}IITTED, TINANCE DIRECTOR OATE APPROVED FOR PAYITIEI'IT cou cI L DATE CITY OF BURLINGAI.{EL'ARRANT REGISTER 09 t06t02 VENDOR DETAI Lr*r Denotes Hand lJritten Checks PAGE 6 3,760.68 1,450.00 27 ,23 2,960.00 1,810.00 8,290.00 5 ,377 .A1 720 -93 641 .25 1 ,421.94 ?91 .85 $729 ,198.49 PACI FIC BE L L/I'OR LO COI,i UTILITY EXPEI,ISE 85056 MAO SCIENCE OF TIIE BAY AREA COIITRACTUAL SERVICES UN I OI,I ELECTRIC CONSTRUCTION CONTRACTUAL SERVICES KATIILEEI,I DORE PROPERTIES REI,ITS & LEASES SFPUC I.'ATER OUALITY BUREAU t.I I SCELLAIIEOUS I'ILS CAMPS CO}./TRACTUAL SERVICES UALTER I S SI,/IM SUPPLIES, INC. I.IISCELLANEOUS PACIFIC RII.I LOCKSI'I I T I{ ISCELLAilE0US JOE H. HENDERSON PROFESSIONAL & SPECIALIZEO S THOiIAS I{EATON I.I I SC. SUPPLIES I.I I SCELLANEOUS GEORGE EARRY I,I I SC. SUPPLIES ACCOUNT 3,760,68 3?0 a0190 220 1,/r50.00 320 760'10 '180 27.23 896 20281 2,960.00 ',t01 68010 220 1349 1,840.00 526 69020 233 8,290.00 101 68010 220 1372 5,377,81 101 68010 100 1111 720.93 619 64460 100 68't.25 101 64350 210 366.50 1,055.44 101 55200 111 'tot 65200 400 291.85 101 55500 120 NUI,4BER NAI.IE 85053 85051 8t055 85057 85058 85059 E5060 85061 85062 85063 TOTAL 23572 ?3622 23728 23811 23846 24875 23912 23913 23914 23915 A}'IOUNT 23916 CITY OF BURLINGA}IE[,ARRANT REGISTER 09/06/02 VENDOR DETAILr*r Denotes Hand Uritten Checks ACCOUNT PAGE 5 AMOUNT 66,092.71 813,44 73.16 131.59 300.00 232.71 359,59 150.00 548,00 1,236.18 49.00 1 ,353.13 25 .53 5,818.63 NUI,IBER }IAI4E 85038 85039 85040 E5041 85042 85043 85044 85015 85046 85048 85019 85050 85051 COIPAA COiIPUTER CORPORAT IOX CAPITAL EOUIPI.IENT CAPITAL EOUIPI.IENT CAPITAL EOUIPI.IENT 101 65200 800 320 80420 800 621 61450 800 59 00 101 65100 110 101 65100 220 GI.{AC PAYI.IENT PROCESSING CENTER MISC. SUPPLIES Z.A.P. iIANUFACTURING TRAFT I C COIITROL I.IATERIALS LAB SATETY SUPPLY, INC. FIRE APPARATUS I'IAINT. 0A RA00S DEPOSIT REFUNDS PITNEY BOIJES INC OFFICE EXPEIISE II.IAGTSTTCS I NTERNAT IO}IAL OFFICE EXPENSE COIITRACTUAL SERVICES JOE BOJUES DEPOSIT REFUNOS 21999 22006 22219 2263? 22872 2287A 22921 23071 23128 23153 23169 23181 23329 2,639.52 60,301.71 s,1r1.15 843.44 101 66',100 120 73.16 101 66210 222 134.59 10',1 65200 203 500.00 731 22520 232,74 621 61150 110 67 292 PITNEY BOUES CITY IIALL I.{AINTE}IANCE 85017 ott tcE DEPor OTFI CE EXPENSE AT&T !'IRELESS CO.II{UN I CAT IONS 24 HR TITNESS PROFESSIONAL & SPECIALIZED S 150.00 731 22520 548.00 621 61450 200 1,236.18 '101 580',I0 1'10 1101 19,00 10't 65200 160 1,353.13 101 64420 210 25.53 101 65200 110 5,818.65 320 75110 210 BOISE CASCAOE OFFICE PRODUCTS CO 23306 OIFICE EXPENSE IIARRIS DESIGN PROFESSIO}IAL & SPEC IAL I ZED S 85052 REPUSLIC ELECTRIC CAPITAL EOUI PI4ENT 23382 6,434.02 529 68030 800 6,434,02 CI TY OF BURLIilGAI.,IEIIARRANT REGISTER 09 /06t02 VENDOR DETAILt*r Denotes Hahd L/ritten checks PAGE 4 EL CAI.II NO CHARTER LINES INC I.I I SC, SUPPLIES 85026 AFFINITEL COMMUNICATIONS cor,ft,tuN I cAT I 0N s NUI.IEER NAIIE 85025 850?7 85028 85031 85032 8t033 85036 AT&T [IIRELESS cofir'ruI I cAT t oll s cor.r4utt I cAt I 0|l s RACOUET SIiIITH CONTRACTUAL SERVICES ACCOUNT 379.89 101 68010 120 ',I521 83 32 101 55100 160 736 64571 160 3,110.40 101 58010 220 1782 128.00 320 79020 210 20105 20216 20301 ?0339 20376 ?0706 20724 ?0781 21177 21289 21317 21517 - 49 .26 156.97 189.29 -33.42 438.42 -2.23 29.21 ?3611 &250 110 &350 100 23611 69020 120 23611 64450 110 AII1OUNT 379.a9 220.00 115.88 3,110.10 128.00 1 ,028.98 I ,791 .97 2,181 .00 760.00 2,207 .0a 1 ,15?,36 300.00 220.00 621 64150 160 T3 '15 85029 lroLTE & ASSOCIATES, r[C. PiOFESSIONAL & SPECIALIZED S 85030 MICRO IJAREHOUSE I.I I SCELLANEOUS OFFICE EXPENSE I.I I SCELLATIEOUS I.I I SCELLANEOUS II I SC. SUPPL!ES },I I SCELLANEOUS OTFICE EXPENSE 101 101 101 ,?6 526 621 6?1 85034 TEHR AND PEERS ASSOCIATES, tNC. PROFESSIO}IAL & SPECIALIZED S 85035 SPRI NT PCS tJT I LITY EXPENSE IBS BUILDING I.,IAINTEilANCE CO. CONTRACTUAL SERVICES ON CAMERA PRODUCTIONS PROFESSIONAL & SPECIALIZEO S PEEK TRAFF IC PROFESSIONAL & SPECIALI ZED S LARRY I4ORSELLO I.I I SCELLANEOUS 1,791.97 896 20281 2,181.00 619 61460 220 51A0 760.00 101 61560 210 2,207.08 101 61100 210 1,152.36 320 80?31 210 300.00 731 22516 85037 CINGULAR I'IRELESS co ltuN I cAT Io s 21717 600.11 101 66100 160 600.11 CI TY OF BURLINGAMEt,JARRANT REGISTER 09/06/02 VEiIDOR DETAI Lrrr Denotes Hand lrritten Checks PAGE 3 NUMEER IIAME 85010 85011 85012 85013 850',!4 85015 850'18 85019 85021 85022 85023 DOUBLETREE HOTEL TRAVEL & I.IEETINGS I.IUNICIPAL MAI NTENAIICE SUPPL IES ACCOUNT 207.40 tot 64100 250 6?1.44 620 15000 c0t1P usA OFF ICE EXPENSE MI SC. SUPPLIES OFF I CE EXPENSE 84.43 32.16 14.O4 101 61120 110 526 69020 120 621 64450 110 16217 16629 16687 17129 17495 18011 18565 18959 18979 19057 19083 19330 AMOUNT 621.44 700.00 1 ,345.78 422,18 25.00 39.37 1,066.00 6,916.50 187.19 118.58 325.44 22a.36 85017 VERtZor,r HIRELESS IESSAGING SERVI 18763 COI{I,IUN I CAT I OT S OTTO MILLER l,4l S cE L LA|,l Eot s STANDARD REGISTER OFF I CE EXPENSE CENTRAL BUSI I.IESS EOUIPMENT OFFICE EXPEIISE STEVEII BAUI'I COITRACTUAL SERVICES JJR CONSTRUCTION CAPITAL EOUIPI.{ENT ANG IIEIJSPAPERS I.I I SC. SUPPLIES ARROIJI'EAD I4OUNTAIN SPR I NG L]ATER }I I SC. SUPPLIES CREATIVE INTERCONI{ECT co. ult I cAT r or{s 700.00 731 22525 1,315.78 101 64250 110 122,18 621 64450 110 39.37 526 69020 160 1,066.00 101 68010 220 1372 6,916.50 526 59020 801 187.19 527 66520 120 148.68 326 80720 120 125.44 526 69020 120 228.36 101 65200 160 19827 357.05 ?07.40 130.93 19768 85016 COUNTY OF SAN MATEO I.I I SC. SUPPLIES 85020 ZEP }4AIIUFACTUR I NG COMPANY MISC. SUPPLIES 25,00 327 79480 120 85024 DELTA SATETY SUPPLY CO TRAIIIIXG EXPEiISE 357-05 527 66520 260 NUMBER NAME CITY OF BURLINGAMET'ARRANT REGISTER 09/a6/02 VENDOR DETAI Lt*t Denotes Hand t"lr. i tten Checks 05353 ACCOUNT 228,658.44 526 69020 171 2,090.50 101 65150 220 233,517.47 731 22587 282.55 101 64350 120 84996 SAN FRANCISCO !'ATER DEPT I",ATER PURCHASES 84997 INFORMATION SERVICES DEPT. CONTRACTUAL SERVICES 84998 SAN MATEO COUNTY CONVENTION & MI SCELLANEOUS 84999 IilEST GROUP PAYMENT CTR- MISC. SUPPLIES 85000 TESTING ENGINEERS, INC. CONTRACTUAL SERVICES CONTRACTUAL SERVICES 85001 SIERRA PACIFIC TURF SUPPLY MISC. SUPPLIES 85002 ABAG . LIABILITY PROFESSIONAL & SPECIALIZED S 85003 STEOUIPilENTCO. CAPITAL EAUIPMENT CAPITAL EAUIPMENT 85004 CHIEF BILL REILLY OFFICE EXPENSE Ii,IISC. SUPPLIES BLDG. & GRCX,.INDS MAINT. TRAVEL & MEETINGS TRAINING EXPENSE 85005 HECo INDUSTRIES, INC. MISC. SUPPLIES 85006 PARKIN SECURITY CONSULTANTS PERSONNEL EXAMINATIONS 85007 PENINSULA SPORTS OFFICIALS CONTRACTUAL SERVICES 85008 VALLEY OIL CO. SUPPL I ES 85009 JOSEPH t.IILLIAM MCCLAIN CONTRACTUAL SERVICES 560.00 624.00 34,441 .54 17,220.77 129.85 369.15 28.88 25 .00 560.36 320 80231 220 326 80320 220 526 69020 800 527 66520 800 PAGE 2 AMOUNT 228,668.44 2, 090.50 233,517.47 282.55 1 , 1 84.00 372.62 2,500.00 51 ,662.31 913.24 144.38 114.00 2,803.50 ?,506.90 05378 03451 03964 09270 09459 09518 10077 11558 1',t640 15250 15711 15764 372.52 529 58030 120 4200 2,500.00 618 64520 ?'t0 101 65200 101 65200 101 65200 101 65200 101 65200 110 120 190 250 260 144.38 527 66520 120 114.00 101 64420 121 2,803.50 101 68010 220 1787 2,506.90 620 15000 16066 42.00 101 68010 220 1787 42.00 CITY OF BURLINGAI.IEI,'ARRANT REGISTER 09 t06/02 VENDOR DETAIL '*r Denotes lland gritten Checks NUIIBER NAME 84981 81981 84986 84991 84991 44994 LAI'SON PROOUCTS, INC. SUPPLIES ACCOUNI 35,500.00 320 80232 220 119.61 526 69020 260 2,301.63 101 64560 151 135.79 101 68020 110 2200 124.49 101 66100 110 272.26 320 80580 1'10 2,171.40 101 64420 15O 42.63 101 68020 192 2200 137.?3 620 66700 110 412,39 101 66210 226 405.38 619 6/,460 210 5180 35,16 620 '15000 8198?G. BORTOLOTTo & CO., INC. COi/TRACTUAL SERVICES 81983 SAUER COIT1PRESSORS FIRE APPARATUS MAINT. BRENTo SAFETY, l C. IRAINING EXPENSE BURL I NGAI,4E CHAI.4BER OF COI.iI.4ERCE cHAlrlEER Ot CoI4MERCE Pt4T. CRAFT PRINTERS OFFICE EXPENSE EI.'I NG IRRIGATIO}I PRODUCTS I,4I SCELLANEOUS 1,.1,. cRAI NGER. INC. SMALL I@LS K & L' DISCOUNT LIGHTING & SUPP PROFESSI ONAL & SPECIALIZED S 84987 81990 8l.989 DUI.IN ADVERTISIIIG INC. PUBLICATIONS & ADVER]ISING CITY OF REDUO@ CI TY co,fi,ruN I cAT loils CITY HALL IIAINTENAI/CE I.I I SCELLANEOJS 300.00 22,312.50 54.11 621 61150 160 621 61150 220 731 225& 01309 01358 01400 01637 01675 01442 0't 862 01992 02036 02157 02261 0?645 02755 PAGE I Atrl0utiT 412.13 35,500.00 119.61 2,301.63 135.79 124.49 22,666.61 272,26 2,571 .40 82.63 137.23 L1) \a 35.16 03002 290.11 620 15000 290.11 405.38 84985 BURLIIIGAXE STATIONERS OFfICE EXPEI,ISE 442.13 101 65200 203 84988 coRPoRATE ENVIRoNIENTS, Iftc., OFF I CE EXPENSE 02214 8l.992 GRANITE ROCK CO}IPANY STREET RESURFACING EXPENSE 84995 IIATIOIIUIDE I'IRE & BRUSH }IFG. SUPPLIES 08-50- 2002 NAME GENERAL FUND CAPITAL IMPROVEMENTS FUND WATER CAPITAL PROJECT FUND IilATER FUND SE!'ER FUND SOLID LJASTE FUND GOLF CENTER FUND SELF IIISURANCE FU}ID FACILITIES SERVICES FUND EOUIPilENT SERVICES FUND INFORMATION SERVICES FUND TRUST AND AGENCY FUND STATE GRANTS FUND UTILITY REVOLVING FUND TOTAL FOR APPROVAL CITY OF BURLINGAME I.'ARRANT REGISTER FUND RECAP - 02-03 PAGE 9 FUND 101 320 326 526 527 528 5?9 618 619 620 621 731 734 896 AMOUNT 95 33 15 6 ?11 18 2 7 3 249 3 9 $558 995.79 892.30 246.07 111.29 824.36 775.48 126.36 839.40 ,478.12 400.71 889.39 35.67 514.39 112.70 314.21 a )n u.+t .+o) vo Cp- I*f 4zLers s *{ \lv THIS IS TO I NCLUSIVE, THE AIiIOI,NT OFF I C IALS, ACCORDANCE 2.tt)4.1 2 HONORABLE I.IAYOR AND CITY COUNCIL: CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 9 AND/OR CLAII'IS NUMBERED FROI{ 84874 THROUGH 84980 INCTUSIVE,TOTALING IN 0F $658,478.12, HAVE BEEN CHECKED IN DETAIL AND APPRoVED By THE pRopER AND IN T|Y OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN t.IITH THEIR RESPECTIVE AMOIJNTS AS INDICATED THEREON. RESPECTFULLY SUEMITTED, FINANCE DIRECTOR DATE APPROVED FOR PAYMENT DATECOUNCI L CITY OF BURLINGAMEI.'ARRAIIT REGISTER 08/30/02 VENOOR OETAI L '*r oenotes Hand tJritten Checks PAGE 8 AHOUNT 300.00 561.50 '120.00 2,548.20 2,3/.0.00 300.00 742.06 500.00 289.23 $658,478. 12 NUUBER NAI.IE a4972 81973 81971 84975 8197A 41979 84980 TOTAL SOUTHER}I SAN I4ATEO COUNTY POLICE 23904 COIITRACTUAL SERVICES DEPART}IENT OT JUST ICE MISCELLANECT',S MIKE SPI LLANE DEPOSIT REFU}.IDS FAST RESPONSE ON SITE TESTING COIITRACTUAL SERVICES SUPERIOR MANUFACTURING CO III SCELLAI{EOUS THAI HUT RESTAURANT DEPOSIT REFUI]DS EOUISERV EOUIPMEIIT }IAINT. ACCOUNT 100.00 731 22520 564.50 734 65195 220 120.00 101 23620 2,518.20 734 65195 220 2,340.00 731 22520 300.00 731 ?2520 742,06 101 65200 400 300.00 731 22520 2a9.23 620 66700 200 23464 23905 23906 23907 23908 23909 ?3911 81976 SILVERADO CONSTRUCTION DEPOSIT RETUNDS 84977 CONT INENTAL PROPERTIES DEPOSIT REFUNDS 23910 CITY OF BURLII'IGAMEUARRAIII REC I STER 0aBo/02 VENDOR DETAILr*' Denotes llEnd lrritten Checks 65300 110 66210 120 59020 110 69020 120 66700 110 101 58010 120 1101 101 68010 800 1101 PAGE 7 AMOUI]T 512.00 190.00 2,617.50 1,880.8,| 155.16 125.00 7 ,283.55 60.00 600.00 2,726.50 1,295-00 5 ,405 "21 20,009.20 NIJI,iEER IIAI4E 84959 84960 81961 84962 81965 81966 84968 84969 81970 THE MOBI LE STORAGE GROUP BLDG, & GROUNDS I'IA I NT. MAZE & ASSOCIATES PROFESSIONAL & SPECIAL I ZED S PC MALL I.I I SC. SUPPLIES CAPITAL EOUI PI.iENT SCS TIELD SERVICES PROFESSIONAL & SPECIALIZED S PACI F I C BELL/UORLDCOIii IJTILITY EXPENSE 23128 23178 23301 23590 23695 23727 23728 924,80 72.68 137,69 542.95 102,69 ACCOUNT 512,00 101 65100 220 190.00 526 69020 190 2,617.50 101 64560 210 SIERRA OFFICE SUPPLIES OFF ICE EXPEIISE I.I I SC. SUPPLIES OFFICE EXPENSE I.I I SC. SUPPLIES OTTICE EXPENSE 101 101 526 620 EOISE CASCADE OTFICE PRODUCTS CO 23306 OTTICE EXPETISE 84963 SCAPES, I C. I.I I SC. SUPPLIES 23326 84964 155.16 101 66100 110 425.00 526 69020 ',120 106.59 7 ,176.96 REFRI GERAT ION SUPPLIES DISTRIBUT 23639 TRAVEL & I.IEETINGS GE INDUSTRIAL SYSTEMS PUI.|P EOUIPI,IENT REPAI R 60.00 619 64460 250 600.00 ,26 69020 230 2,726.50 526 69020 210 1,295.00 528 66600 210 5,405.21 896 2028'1 20,009.20 1o',t 64400 210 44967 APPLE OTIE E}.IPLOYI.{EIII SERVICES PROFESS IONAL & SPECIALIZED S DCE DES I Gll, Coi4MUN I Ty & ENVIRoNME 23784 PROFESSIONAL & SPECIALIZED S 84971 8AY AREA ECONO.IICS PROFESSIONAL & SPECIAL I ZED S 14,365.80 101 64400 210 14,365.80 23138 ?3660 84958 PITNEY Bo!IES CONTRACTUAL SERVICES zau4 21741 a1917 ooRPoRATE EXPRESS OF THE gEST, I 21819 I.I I SC. SUPPLIES 81918 CITY OF BURLI}IGAMEIIARRANT REGI STER 08t30t02 VENDOR DETAI Lr*r Denotes Hand l,lritten Checks [ufl8ER ],tAitE 84942 NICOLAS BECHI.IATI DEPOSIT REIUNDS 84913 GEORGE I.IH I TE CONTRACTUAL SERVICES 81911 LARRY I.IORSELLO OEPOSI T REFUIIDS 81915 PORTOSAN RENTS & LEASES 81916 SKYHA!'KS SPORTS ACADE}'IY CONTRACTUAL SERVICES I'rslt INc. }I I SC, SUPPLIES 84949 A& L JAXITORIAL SERVICE CONTRACTUAL SERVICES 84951 ACCOUNT 1,300.00 73't 22520 91.50 101 68010 220 1660 3,950.00 731 225?0 175.07 529 58030 180 /.200 1,603.20 101 68010 220 1372 231.00 101 64400 120 890.09 527 66520 120 260.00 619 64160 ?20 5170 126.00 619 61460 210 5160 431.66 527 66520 120 86.20 101 68010 't60 1101 1,463.51 ',101 65200 400 4,101 .57 527 66520 800 25,000.00 320 76010 120 21253 21197 21547 21656 218s6 21936 21917 22138 22144 22736 22895 PAGE 6 AMOUNT 1,300.00 94.50 3,950.00 175 .07 4,603.20 231 .00 890.09 260.00 125.00 35.69 131.66 86.20 1 ,463.51 4,101 .57 25,000.00 84950 PROVIDENCE PEST TERI.IITE PROFESSIONAL & SPECIALIZED S 22r93 84954 FIRE SERVICE SPECITICATION & SUP 22705 I.1 I SCELLANEOUS 44955 AT&T coMtrlu I cAT toNs 8495?UNISOURCE I,4AI T.SUPPLY SYSTEMS Il I SC. SUPPLIES 84953 VERIZON IIIRELESS co{ uir I cAT I 0N S UNITED RENTALS CAPITAL EOUIPMENT 81956 I4ARSTEN S]REET PART}IERS Il I SC. SUPPL I ES 84957 AMERICA}I TURF SERVICES EOUI PiIENT I.{AINT. 22975 622.18 t29 68030 200 622.18 35.69 101 65'100 160 CI TY OF BURLINGAME L]ARRANT REGISTER 0an0/02 VEI']DOR DEIAI Lr*r Denotes Hand l.,ritten Checks 101 67500 120 101 67500 1?5 't01 67s00 129 101 67500 160 PAGE 5 AI.4OUNT 175.42 1 ,559.00 2,500.00 3,755.00 I ,398.71 2,707 _20 104,04 3,314.48 5 ,978.52 8,506.30 15,775.18 199.14 NUTIBER IIAI.4E 44929 8/.930 84931 44932 84933 81931 BURTONIS FIRE APPARATUS FIRE APPARATUS I,{AINT. CANTERBURY INTERNATIONAL tl l sc. suPPLtEs EFREI4 CONSTRUCTION CO. INC. DEPOSIT REFU}IDS 19366 19721 20019 20060 20301 20339 20464 20706 20801 21063 ACCOUNT 175.1? 101 65200 203 1,559.00 1A1 66210 120 2,500.00 731 2?520 PENINSULA CORRIDOR JOINT RENTS & LEASES RENTS & LEASES RENTS & LEASES 251.67 251,67 251 .66 101 66210'180 526 69020 180 527 66520 180 MICRO U/AREIIOUSE I'I I SCELLANEOJS 84935 DAPPER TIRE CO., INC. SUPPLIES 81936 84938 84939 84940 20900 Rot'tAN & LqJGEE, IllC. PNOFESSIONAL & SPECIAL I ZED S DELL I{ARKETING L. P. TII SCELLANEOUS t,I I SCELLANEOUS SAN MATEO CREDIT UI,I ION iI I SC. SUPPLTES L I BRARY..RECORDS AND CASSETT LIBRARY..BOOKS AND I4APS coii'tuN I cAT r oN s AT&T ['IRELESS cstitult I cAT I0I s RACOUET SI,I I TN CO}ITRACTUAL SERVI CES 1,398.71 101 65100 150 2,707.20 101 58010 220 1782 101.01 620 15000 3,311.48 101 65100 100 ,,178.5? 500.00 320 80790 210 731 22s25 6 2 '10'1 66100 400 320 79102 400 15,775.48 326 79530 210 46 84 0 75 33 212.88 63.61 209.18 81911 OUICK I.IIX CONCRETE iI I SC. SUPPLIES S IOEIIALK REPATR EXPENSE 21140 101 66210 120 101 66210 219 1 ,301 .07 84937 CATNENI NE J.X. NIL}IEYER PROFESSIONAL & SPECIAL I ZED S MI SCELLANEOUS 20963 815 .84 485,23 CITY OF BURLINGAME I.'ARRANT REGISTER 08t30/02 VEIIDOR DETAILr*' Denotes Hand tlritten Checks PAGE 4 NUI,IEER NAI.IE 84915 84919 81920 84921 84922 81921 81921 84925 84926 81927 10'l 64200 619 64160 621 61450 AMOUNT 862.16 163.11 423.58 346,40 661 .52 3,080.00 891 .82 120.00 255.52 225.00 189.81 779 .12 52.50 ACCOUNT BRIN(IS INC. BANKING SERVI CE TEES OFFICE EXPENSE cofiP usA OFFICE EXPEIISE Il I SC. SUPPLIES OFFICE EXPE}ISE 135.75 126.11 101 64250 120 529 68030 110 4200 15813 16687 17142 '17102 17497 17872 187?9 18733 18851 18939 18990 19095 110 120 110 84917 Jr'r CHEHICAL Co}TPANY OFFICE EXPENSE 84918 ilETRo ',t08t LE CoflfiUNICATIONS Collllull I CAT I Olt S 423.5A 101 68010 110 1101 316.10 10't 65300 160 661.52 526 69020 120 3,080.00 101 68010 220 1762 891.82 101 68020 130 2300 120.00 101 68010 220 1660 COLORPRIIIT DIGITAL l'llsC. SUPPLIES SPRING OOIT}I EOUESTRIAN CO}.ITRACTUAL SERVICES SIERRA I.IOREIIO '4ENCA}ITI LE CO. SMALL T@LS LII,IDA LENORE CO}ITRACTUAL SERVICES BAI LEY I S SI.IALL TOOLS TRAI N I NG EXPENSE BAY ALARI.I CONTRACTUAL SERVICES UNITROL SUPPLIES ACCESS UNI IORiIS & EMEROIOERY I'{ISCELLANEOUS LIEBER] CASSIDY IIH I TI'IORE PROFESSIONAL & SPECIALIZED S 116.31 139.21 0 0 1 68020 130 2300 1 68020 260 2300 189,81 620 15000 52.50 101 64350 210 84924 PRIORITY 1 SI,IALL TOOLS 19239 109.97 101 56210 '130 109.97 84915 124.47 17 .31 21.63 225.00 619 61160 220 5180 779.42 731 22533 18357 CI TY OF BURLINGAMEL'ARRANT REGISTER 08/30/02 VENDOR DETAI L,*r oenotes Hahd tlritten Checks }IUMBER NAME 84903 ABAG . L IABI LI TY CLAI}IS PAYMEIITS 8/+904 OLE IS SUPPLIES 84905 SARXER BLUE REPROGRAPHICS MI SCELLANEOUS a1907 3 T EAUIPT.TENT C0. I.I I SC. SUPPLIES 81908 84909 PIP PRINTING I.iISCELLAIIEOUS 84910 ROfiEO PACKING CO I.I I SC. SUPPLIES 84911 TIIE ADAI.I-HILL CO4PANY FIRE APPARATUS I'IAINT. 84912 UECo INDUSTR I ES, INC. I.I I SC. SUPPLIES 44913 ACCOTJNT 7,839.40 618 64520 601 171.67 620 15000 PAGE 5 09518 09626 09670 09990 10077 10557 11318 11571 11610 Al,i0u T 7,a39.40 171.67 1 ,872.75 553.83 316,52 536,44 974,25 6A.11 1 ,258.36 28.25 201 346 106 25 575 61 't66 47 128 210 74 ?8 99 93 00 53 20 4a 51 09 CAL-STEAM MI SCELLAI{EOUS TRAFFI C CONTROL MATERIALS t.I I SC. SUPPLIES I.I I SC. SUPPLIES 3.13 43.7A 97.27 391 .96 101 68020 192 2200 10't 66210 222 526 69020 1?0 527 66520 120 553.83 101 64100 115 316.12 527 66520 120 972.30 101 61100 115 974.25 101 68020 120 2200 68.1/, 101 65200 203 1,258.36 527 66520 12O 28.25 101 680'10 120 1114 SAN I.IATEO LOCK I.'ORKS I.i I SC. SUPPLIES 44914 SPECIALIZED COI.IMUN I CAT I ON S I.I I SCELLA}IEOUS 15787 3,827.10 731 22561 3,827.50 84905 ORCIIARD SUPPLY HAROUARE MtSC. SUPPLIES st'IALL Tmts BLDG. & GROUNOS }IAINT. FIRE APPARATUS I,IAI NT. TRAINING EXPENSE MISC. SUPPLIES S}IALL TOOLS S}IALL T@LS I.I I SCELLANEOUS I.IISC, SUPPLIES 101 66210 120 101 66210 130 '101 68020'r90 2200 101 65200 203 101 68020 260 2100 526 69020 ',120 526 69020 130 5?7 66520 130 529 68030 192 1200 619 64460 120 972.3010620 14613 09072 8l,897 TARGET SPECIALTY PROOUCIS, INC. I.I I SC. SUPPLIES 09112 84898 l4At'/ P0!,ER TEI'IPORARY EI'IPLOYI4ENT SVC. PACI FIC EELL CO.II.{UN I CAT I ON S PUI.IP REPAIR SERVICE CO. PROFESSIONAL & SPECIAL I ZED S R&SERECTIONOF TI I SC. SUPPLIES CITY OF SOUTH SAN FRANCISCO PERSO}IIIEL EXAMI NATIONS !,EST GROUP PAYMEI.IT CTR. PROTESSIONAL & SPEC1AL IzED S B.E.I. ELECTRICAL SUPPLIES I.I I SC, SUPPLIES I.IUFF I E CALBREAII{ COiITRACTUAL SERVICES CI IY OT BURLINGAiIEL'ARRANT REGISTER 08/30t02 VENDOR DETAILt*r Denotes Hand Hritten Checks NUI,4BER NAITIE 84889 84890 8489't 44492 8/.893 81891 84895 84896 a4a99 TESTIilG EircIEERSr IilC. CO}ITRACTUAL SERVICES 84900 ACCOUNT 614.40 101 55300 011 3.00 101 67500 160 1,162.61 519 61160 210 5110 150.00 619 U116O 12o 5110 233,517.47 2,000.00 10'l 61120 121 1.24 619 64460 120 5170 526.05 101 68010 120 1787 1,600,00 101 68010 220 1891 '1,170.00 320 80231 220 1,701.00 101 65100 29'1 SAN i4ATEO COIjI.ITY CONVENTION & OFFICE EXPEIISE }I I SC. SUPPLIES OFF I CE EXPENSE I,I I SCELLANEOUS 44.43 32.46 14.04 101 61420 526 69020 621 61150 731 22187 110 120 110 02819 03080 03197 03231 03131 03183 03964 09125 09270 09133 09139 PAGE 2 A14OUNT 614 .40 1,162,61 150.00 233,648.40 2,000.00 307 .19 1.24 526.05 1,600.00 1,170.00 'l ,701 .00 68.2484901 SAN TIATEO COIJNTY SHERIFFIS OTC. PRISONER EXPENSE STERICYCLE, INC. SUPPLIES 84902 SIERRA PACIFIC TURF SUPPLY I.4I SC. SUPPLIES I{ I SC. SUPPLIES 09459 908.76 n1.19 101 68020 120 2200 529 68030 120 1?00 1 ,682.95 3.00 307.19 101 64350 210 68.24 101 65?00 112 CI TY OF BIJRLINGAII1E1,'ARRANT REGISTER 08t30/02 VEI,IDOR DETAI Lr*r Denotes Hand Hritten Checks PAGE 1 AMOUNT 10,000.00 443.00 218.51 4,373.39 8,00 330.00 193,203.00 145.83 3,909.00 499.25 239 .31 16,951 .07 827 .98 NUMBER NAI.IE 81871 84875 84878 84879 84880 84881 81882 8/.883 84884 84885 84886 81887 ACTION CLEANING SERVICE CONTRACTUAL SERVICES AI4TECH ELEVATOR SERVICES CONTRACTUAL SERVICES LEAGUE OF CAL I TORN TA CITIES PUBLICATIOXS & ADVERTISINC DULIN ADVERT I SI NG INC. PUBLICATIO}IS & ADVERTISTNG US FILTER OPERATING SERVICES CONTRACTUAL SERVICES E!'ING IRRIGATION PRODUCTS }I I SCELLAIIEOI,S IEDERAL EXPRESS OFFICE EXPENSE I{ I SC. SUPPLIES UATER/FI i,IANCE PEI]Y CASH I.I I SCETLANEOUS [,.!,. GRAINGER, INC, MISC. SUPPLIES HARDING ESE, IIIC, PROFESSIONAL & SPECIALIZED S K & !i DISCOUNT LIGHTII.IG & SUPP IIISC. SUPPLIES }IISC. SUPPLIES 01078 01250 01745 02036 02110 02150 02184 0224A 02261 0?365 02645 ACCOUNI '10,000.00 527 66520 ?20 244,51 101 55210 130 723 649 101 58010 114 ',t101 101 58010 120 1123 2 1 69 70 GRANI]E ROCK CO}IPANY SIDELIALK REPAIR EXPEIISE STREE] RESURFACINC EXPENSE 120.27 119.07 8.00 101 61120 150 330.00 101 64420 150 193,203.00 527 66530 220 1/t5.83 101 68020 192 2200 58.89 15.53 101 64420 110 101 64400 120 85.52 712.16 101 66?40 120 619 61160 120 5120 81888 LADSoX PRoDUCTS, INC. SUPPLIES 02755 3't .95 81876 I,HITE CAP SI4ALL TOOLS 818V CITY OF BURLIIIGAI4E I.{ISCELLANEOUS I.i I SC. SUPPLIES 01030 443.00 619 64460 220 5110 01624 0?157 71.12 3,909- 00 a96 2A2a? 499.?5 101 68020 '120 2200 101 66210 219 101 66210 226 16,951.07 528 66600 210 31.95 620 15000 08-23-2002 CITY OF BURLI}IGAMEI,IARRANT REGISTER FUIID RECAP - 02-03 PAGE 10 AI.IOUNT 78,053,51 1,118.9A 56,666.01 2,000.00 s417,439.78 NAI.iE FUND 6EI,IERAL TUND CAPITAL II.IPROVEI.IENTS FUND L/ATER CAPI TAL PROJECT fUND SEL/ER CAPITAL PROJECT FUI/D !,ATER FUIID SEL/ER FUNO GOLF CENTER FUND SELF I}ISURA}ICE FUND TACI LITIES SERVI CES TUND EOUIPI,4ENT SERVI CES FUND IiIFORMATIOII SERVI CES FUND IRUST A},IO AGE}ICY FUIID STATE GRA}ITS FU}ID UTILITY REVOLVIXG FUND OEBT SERVICE FUND '101 320 326 327 526 5?7 529 618 619 6?0 621 731 734 896 930 10,277.77 26,909.42 5,500.00 114.44 3,417.25 3,962.09 11 ,194.57 8,212.00 632.58 177,7O9.44 1 ,337 .62 TOTAL FOR APPROVAL HOIIORABLE MAYOR A O CITY COJNCIL: THIS IS TO II.ICLUSIVE, THE AMOUIIT 0tt I clALs, ACCORDANCE CERTITY THAT THE CtAII,4S LISTED OII PAGES I.IUMSERED FROI.| 1 THROUGH IO AIIO/OR CLAIT'IS NUI.4BEREO TRO'.I 84r/9 THROUGH 84873 INCLUSIVE,TOTALIIIG I}I OT s417,439,78, HAVE BEEN CHECKED IN DETAIT AND APPROVED 8Y IHE PROPER AI{D IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IIi L/ITII TIIEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTEO, F I IIANCE OIREC]OR APPROVED FOR PAYI,IE}IT COUNC I L DATE DATE 08-23-2002 CITY OF BURLINGAMELJARRANT REGISTER FUND RENAP - 01-02 PAGE 9 NAME FUND AMOUNT 0 0. 00 $0.00TOTAL FOR APPROVAL HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 9 INCLUSM, AND,/oR CLAIMS NUMBERED FRoM 84779 THROUGH 84815 INCLUSIVE,ToTALING IN THE AMOUNT OF $O.OO, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY I}I ACCORDANCE I.'ITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMI TTED, FINANCE DIRECTOR DATE APPROVED FOR PAYMENT COUNC I L DATE 08- 23-2002 CI]Y OF BURL I NGAI,IEI.IARRANT REGISTER FUND RECAP . O2.O3 NAME PA6E 8 AIIOUNT GENERAL FUND CAPI TAL I T.IPROVEMENTS FUND !/ATER CAPITAL PROJECT FIJI,ID SEI,JER CAPITAL PROJECT FUND !/ATER FUIID SEL/ER FUND GOLF CENTER FUND SELF II,ISURANCE FUND FACILITIES SERVICES FUND EOUI PI,{ENT SERVI CES FUND IIIFORIIATION SERVICES FUND TRUST AND AGENCY FUNO STATE GRANTS FUIID UTILITY REVOLVI NG FUIID DEBT SERVICE FUND FUND 101 320 326 327 526 527 529 618 619 620 621 731 734 896 930 40 ,277 ,n 25,909.42 5,500.00 11a,41 3,117,25 3 ,962.09 11,194.57 I,2t+2.00 632.6A 177,709.14 1 ,337.62 78,053.51 1 ,118.98 s6,666.01 2,000.00 TOTAL FOR APPROVAL HOIIORABLE MAYOR ATD CITY COU CIL: RESPECTFULLY SUBMITTEO, 9417 ,439 .78 T'II S IS TO I I]CLUSIVE, THE AMOUNT OFFICIALS, ACCORDANCE CERTIFY TIIAT THE CLAIMS LISTED ON PAGES NUMBERED FRoI'1 1 THRoUGH 8 A},Io./OR CLAII.IS NU'.IBEiED FROiI 84779 TTIROI',GH 84873 INCLUSIVE,TOTALING IN OF 5417,439.78, HAVE BEEN CHECKEO IN OETAIT AIID APPROVED iY THE PROPER AND IN i4Y OPINION REPRESENT FAIR ANO JUST CHARGES AGAIIIST THE CITY INgITH THEIR RESPECTIVE AI.4OUNTS AS INDICATED THEREOI'I. FINANCE DIRECTOR APPROVED FOR PAYI4ENT DATE COIJNC I L DATE CITY OF BURLINGATIE!,ARRANT REGISTER 08/23/02 PAGE 7 AMOUNT 88.74 2,000.00 36.00 1,320.00 137.16 175.00 440.00 266.00 2,310.91 $117,439.78 NUMBER NAI,IE 44864 84866 447 84868 81870 84871 81872 DEI'EY SERVICES, INC. I.I I SC. SUPPLIES 84873 TOTAL MERRI TT SI.IITH COI,ISULTING PROFESSIONAL & SPECIALI ZED S DETAI L ACCOUNI 44.74 101 65200 110 813.20 101 64200 110 2,000.00 930 52150 36.00 101 64120 210 1,320.00 731 22516 137.16 731 22543 17s.00 101 64200 240 440.00 '10'1 68010 220 1660 266.00 527 66520 120 2,310.91 526 69020 210 VENDORr*r Denotes Hand trritten Checks BOISE CASCADE OTFICE PROOUCTS CO 23306 OFF I CE EXPENSE EANK OF NEU YORK I,4I SCELLANEOUS COUNTY SCH@L SERVICE FU D PROFESSIONAL & SPECIAL I ZED S EK CONSTRUCTION iII SCELLANEOUS 84A69 DIANE G I OVAI.ITI I I.I I MI SCELLANEOUS 23410 23553 23a7a 23897 23899 23900 23901 23902 23903 CAPIO DUES & SUESCRIPIIONS CHERI NICIIOL CONTRACTUAL SERVICES 813.2084865 OATASAFE OFF I CE EXPE},ISE CI TY OF BURLII,IGAI,iE!/ARRANT REG I STER 0a/?3/02 VENDOR DETAIL '*r oenotes Hand Llritten Checks PAGE 6 AIIIOUNT 3,300.00 174.38 400.93 200.00 63.54 595.00 4,242.00 698,35 748.50 342.35 133.00 36.a9 350.00 440.00 ACC0UIIT 3,300.00 101 68010 220 1661 174.38 101 68020 160 2300 400.93 711 22543 200.00 101 6a010 220 1661 63.51 101 641?0 26? NICK'S DELI AND FINE FOODS TRAIN!NG EXPE},ISE JENKI NS/ATHENS INS I,I ISCELLAIIEOUS I'IARTY SPRINGER COiITRACTUAL SERVICES 81857 ALYSON ZUPPERO CONTRACTUAL SERVICES 22721 84853 SAN ITATEO REGIONAL NET!'ORK, tNC. 22759 CONTRACTUAL SERVI CES UTILITY EXPENSE 44454 NUT1BER NAtlE 81818 81819 84850 84851 84852 8485E CPS 84859 81860 84861 84462 LEON CATHCHATOORIAII CONTRACTUAL SERVICES VERIZOII ['IRELESS COMMUN I CAT IONS MIKE GIUST I t,I I SCELLANEOUS ROBERTA TAVAKE COI.ITRACTUAL SERVICES 22521 22593 22609 22672 2?916 22917 23005 23063 230A5 23115 23195 22851 84855 FIRST AUTq.iOI!VE D ISTR I BUTORS GAS, OIL & GREASE 22857 84856 101 65200 220 896 20281 8,212,00 618 64520 231 698.35 101 65200 201 900.00 101 68010 220 1650 748.50 101 68010 220 1661 342.35 101 61120 121 433.00 101 65200 110 36.89 101 68010 120 1423 350.00 101 64200 250 440.00 't01 68010 220 1661 75.00 520-00 PERSONIIEI EXAI'{I NATIONS PRC, PUBL I C SECTOR OFFI CE EXPENSE S&S LORLDIJIDE I.I I SC. SUPPLIES 3CI'IA i.IEi.IBERSHIP TRAVEL & MEETINGS NAD INE RONSON CONTRACTUAL SERVICES 44463 DIRECTV I.I I SC. SUPPLIES 23253 48.98 526 69020 120 48.98 900.00 NUMBER NAME 84833 84831 84855 84836 81837 84841 44443 81814 81815 101 66240 260 526 69020 260 527 66520 260 PAGE 5 AMOUNT 525.61 '120.00 152.58 22.78 16,532.30 1,425.00 275 .00 440.00 25.72 10,898.71 2,375,00 2,100.00 CITY OF BURL I NGAME Ul ARRANT REGISTER 08/23/02 VEIIDOR OETAI Lr*r Denotes Hand tlritten Checks 21543 84838 VEIZADES & ASSOCIATES, INC. PROFESSIONAL & SPECIAL I ZED S 84839 OUICK I.IIX CONCRETE XISC. SUPPLIES REDLIOOD GENERAL TIRE SUPPLIES I.IARCI STRANGE COIITRACTUAL SERVICES cDtJ GOVERN ENT, INC. cor,4r,{uN I cAT I 0},r s VB GOLF LLC I,4ISCELLANEOUS RECREAT IOII PROGRAM EXPEIISE JCC , tNC. PROFESSIONAL & SPECIAL I ZED S ROBERTS AND BRUNE I.I I SC. SUPPLIES ACCOUNT 1,364,26 620 15000 120.00 101 68010 220 1660 152.58 320 80120 150 22.78 't01 65200 203 16,532.30 320 79411 210 U}IIVERSAL TLEEI SUPPLY I}iC. FIRE APPARATUS I4AINT. DU.ALL SAIETY TRAI}IING EXPENSE TRAINI}IG EXPEIISE TRAINING EXPEI'ISE 84840 FILTERFRESII COFTEE EXCELLENCE BIDG. & GRdJNDS I{AINT. MONICA EHLERS CONTRACTUAL SERVICES 84442 FASTENALCOI'IPANY FIRE APPARAIUS MAINT. 275.00 621 61150 190 440.00 101 68010 220 1661 25.72 ',101 65200 203 8,817.21 2,081.50 529 36717 529 68030 213 2,375.00 527 66520 210 358.83 526 69020 120 2,100.00 101 68010 220 1785 22178 84846 IIORTI{ AI.IERICAN SPORTS I.IANAGEiIENT 22382 CO}ITRACTUAL SERVICES 21140 21421 211A2 21613 21623 21627 2174A 21948 22157 570.00 427.50 427 .50 84847 I'{IKE BLONDINO III SCELLANEOUS 22384 108.24 731 ??545 108.24 525.61 101 66210 120 21216 358.83 21576 NUI,IBER NAME 84819 84820 84821 44822 81.823 44424 84825 84826 84827 81a2A 81829 81830 84831 101 66210 260 326 75170 210 526 69020 260 527 66520 260 PAGE 4 AMOU}IT 150.18 178.92 5rJ.10 2,222.56 495.00 396.00 1 ,669 ,97 498.67 1 ,026.86 5,708.00 32.4a 671.0A 1 ,073.25 CITY OF BURLIIIGAI.IE!/ARRANT REGISTER 08/23/02 VENDOR DETAIL '*r Denotes lland Uritten Checks ANG NEL'SPAPERS PUBTICATIONS & ADVERTISING MISC. SUPPLIES 60.48 114-44 101 64200 150 r?7 80681 120 ZEP I.IAIIUFACTUR I NG COMPANY I.,I I SC. SUPPLIES I,IINOLTA BUSINESS SYSTEMS EOUIPI.{EI,IT IIAINT. POI.IER I,IASHITIG SERVI CE PROTESSIONAL & SPECIALIZED S CIUCCI CONSULT I }iG GROUP INC CONTRACTUAL SERVICES MONICA OLSE},I COiITRACTUAL SERVICES PEIIINSULA CORRIDOR JOINT CONTRACTUAL SERVICES GE CAPITAL OFF I CE EXPENSE COI'ITRACTUAL SERVICES AFF Ill! TEL Col,ll.,UN I CAT I Oll S COMMUII I CAT IONS EAYSIDE BUI LDIIIG I'IATERIALS INC. MISC. SUPPLIES UICRO I,/AREHOUSE I.' I SCELLANEOUS LAI.IRENCE S. MOY CONTRACTUAL SERVTCES 19057 19083 19561 19791 19832 20060 20216 20246 20501 20650 20706 2A954 ACCOUNT 573.10 101 65200 200 2,222,56 101 66210 210 495.00 101 65300 220 396.00 101 68010 220 1661 1,669.97 320 80510 220 99 -73 398.94 101 68020 110 2100 101 68010 220 1101 1,026.86 621 64450 160 LYNX TECHNOLOGIES TRAINING EXPENSE PROTESSIOIIAL & SPECIALIZEO S TRAIi/ING EXPENSE TRAINING EXPENSE 69,34 5,500.00 69.33 69.33 32.48 101 68020 120 2200 1,073.25 101 68010 220 1762 84832 RENEE RAI.|SEY CONTRACTUAL SERVICES 21136 400.00 101 68010 220 1331 400.00 150.18 527 66520 120 19131 674.0a 527 66530 100 CIIY OF BURLINGAMEI.iARRANT REGISTER 0a/23 /02 VENDOR DETAI Lt*r Denotes Hand l,rritten Checks PAGE 3 At40uIT 2,653.25 53.55 441.17 217 .50 75,27a.6A 403.86 102.30 776.85 571-20 '175 ,865 .00 191.20 1,545.t0 5 75.00 306,40 680.00 NUI.4BER NAME 84803 41801 84805 84806 84807 84808 84809 84810 84811 84814 PENINSULA SPORTS OFFICIALS CONTRACTUAL SERVICES BRINKIS INC. OFFICE EXPEIISE CAROL PRATER MI SCE!LANEOUS COMMUNITY GATEPATH PROFESS IONAL & SPECIALIZED S LINIIART PETERSEN POLJERS ASSOC. I.{ I SCELLANEOUS I'IETRO I{O8ILE COMMUI.J I CAT IONS RADIO I.IAINT, COLORPRINT D I GITAL }I I SC. SUPPL I ES LEE & ASSOCIATES MI SCETLA}IEOUS ROEYN MCNAI.4ARA CONTRACTUAL SERVICES OOUG'S I'IOTORCYCLE SERVICE SUPPLIES STATE OF CAL I FORNIA CONTRACTUAL SERVICES 84817 PEGGY GUARALDI CONTRACTUAL SERVICES 18855 84815 SIATE OF CA OFFICE OF ETIERGE}ICY 18857 TRAI N I NG EXPEIISE ACCOUNT 2,653.25 101 68010 220 1787 53.55 529 68030 ,1,10 4200 111.17 731 22543 247.50 101 66210 210 75,27A.6a B1 22515 403.86 101 65200 205 102.30 101 65500 120 776.85 101 65200 100 571.20 101 68010 220 1661 175,865.00 620 66700 800 '191.20 620 15000 1,515.50 320 80600 220 57t.00 101 65500 260 306.10 101 611?0 121 680.00 10'1 68010 220 ,t661 84812 PIERCE iIANUFACTURING, IIiC. CAP!TAL EOUIP}iENT 84811 15711 15813 16447 16575 16599 17402 17197 1756A 17588 18013 18337 '19025 19044 84818 BPS REPROGRAPHIC SERVICES MISC. SUPPLIES 19047 279.79 320 80231 120 279.79 848'16 PREFERRED ALLIANCE PERSONNEL EXAI,4INATIONS CITY OF BURLINGAMEL/ARRANT REGISTER 08t23/02 VENDOR OETAILr*r Denotes Hand L/ritten Checks PAGE 2 NUIIBER NAME 81789 a479a 84794 84795 84797 81798 84799 84800 84801 HORIZON MI SC. SUPPLIES BERNARD EDL/ARDS CONTRACTUAL SERVICES TAB PRODUCTS CO. OIT I CE EXPE}ISE LC ACTION POLICE SUPPLY POLICE..STJPPLIES I,4I SCELLANEOUS DANKA OFF I CE IUAGI}IG CO CITY HALL MAINTE}IANCE NORTH VALLEY OIL EAUI PI.IEiIT MA I IIT. DEI,JEY PEST COI'ITROL GAS, OIL & GREASE iIARK CERIY CONTRACTUAL SERVICES 212.31 529 68030 '120 1200 42.22 101 66210 120 3,677.35 101 66100 210 1,120.00 101 68010 220 1762 83.90 101 64200 110 225.00 10',t 65200 220 528.40 1 ,414.98 101 65100 126 734 65195 400 35,76 621 64450 200 86.00 101 68020 200 2200 100.00 101 66210 201 210.00 101 6a010 220 1762 2,566.16 952.00 95.00 888.00 67 .33 101 58010 10'1 68010 10't 68020 101 68020 731 2253t Atrl0u T 1 ,568.49 212.31 12.22 3,677 .35 1,120.00 83.90 225.00 260.2a 1 ,917 .38 35 .76 86.00 100-00 210.00 ACCOUNT BURLINGAME REC. DEPT./PETTY CASH r.r I sc. suPP!lEs CONTRACTUAL SERV!CES TRAVEL & MEETINGS TRAI}IING EXPENSE MI SCELLANEOUS 120 220 250 260 03910 09130 09548 09677 10620 '11532 13758 138',I5 '11,338 1891 1644 2200 2200 09213 81792 oCE'-BRUIrNG, r C, PROTESS IONAL & SPECIALIZED S 09193 44793 TELECOi,IiIUN I CAT I ONS ENGINEERIIiG A 'IO1O1 COIITRACTUAL SERV!CES 81796 PIP PRINTING OTTICE EXPENSE 84802 SAN I.4ATEO LOCK I.IORKS Il I SC. SUPPLIES 14643 85.52 101 68010 120 17E5 260.28 101 51?00 110 84791 RO OFT I CE SOLUTIONS MI SC. SUPPLIES 14405 CIlY OF BURLIN6AMEI.JARRA},IT REGISTER 08t23/02 VENDOR DETAI Lr*r Denotes Hand !/ritten Checks 80.00 10't 32100 ACCOUNI 101 66210 120 101 66210 222 526 690?0 120 526 69020 130 619 64460 1?0 5170 320 80120 220 320 80420 800 101 65300 130 101 65200 203 PAGE 1 AMOUIIT 2,225 .08 181.31 80.00 949.00 6,729.28 1 ,291 .O5 52-76 288-98 56,1a5.41 117.12 NUI.4BER NA}IE 44788 GRAY I S PAINT, BURLINGAME MISC. SUPPLIES IRAT FI C CONTROL I.4ATERIALS MISC. SUPPLIES SI.IALL TOOLS I.I I SC. SUPPLIES 84780 84781 a47a2 81783 81784 44745 u786 LA!/SoN PRoDUCTS, INC, SUPPLIES 81787 ERENTON SAFETY, INC. TRAI N ItIG EXPENSE TRAI N ING EXPENSE CITY OF BURLINGAI4E I.I I SCELTANEOUS BURLINGAI.4E RECREAT ION DEPT. RECREATIOII EXPENSES CIIY OF REDI./OOO CI TY CONTRACTUAL SERVICES CAPI TAL EOUIPMENT L. I. CURTIS & SoNS SiIALL TOOLS FIRE APPARATUS I.,IA I NT. K & U DISCOUI'IT LIGIITING & SUPP MISC. SUPPLIES 61.70 119.61 101 68020 260 2200 526 69020 260 01025 01400 01551 01663 01862 02027 02615 02755 03587 ,067 .32 112.99 ?5.92 56.17 63?.68 949.00 101 10700 3 2 900 829 086 205 00 28 02 03 P. G. & E. GAS & ELECTRIC UTI LITY EXPENSE s[AP 0N T00LS FIRE APPARATUS }.IAI NT. 39 "1056,146.01 101 66210 170 896 20280 52.76 101 66240 120 117.42 101 65200 203 u779 03051 288.98 620 15000 08.16-2002 NAII1E THI S IS IO INCLUS IVE, TIIE AMOUI,IT OFFICIALS, ACCORDAiICE RESPECTFULLY SUBI.IITTED, CITY OF BURLIIIGAMEL'ARRA}iT REGISTER IUND RECAP - 02-03 PAGE 1f, A OUIT GEI{ERAL FUND CAPI TAL IMPROVEMENTS FUND L/ATER CAPITAL PROJECT FUNO L/ATER FUI'ID SE!/ER FUND SOLIO I.IASTE FUNO GOLF CE}ITER FUND FACILITIES SERVICES FUND EOUIPME}IT SERVI CES FUND INFORMATION SERVICES FUND FIRE MECHANIC SERVICES FUND TRUST A}ID AGEIICY TUNO STATE GRAIITS FUIID BURLINGAiIE TRAIII SIIUTTLE PROGRAM UTILTTY REVOLVIiIG FUND FUI.ID '101 320 326 526 527 528 529 619 620 621 625 731 734 736 896 0,00 131 ,773.32 1 ,118,881 .70 3,A59.12 3,356.7',1 18,885.02 732,31 748.24 255.12 3,892.09 3,681.51 14.61 12,789.01 2,653,66 18,123.67 3,571,66 TOTAL FOR APPROVAL HOTIORAELE I'IAYOR AND CITY COUNCIL: $1 ,323,217 .75 {*s.ea) \too. n>)(to.Ec) ck t(c?{oK ?'l-tcqa-E- C*ett wtD UOtD VdtD JJ r9>+.G3 CERTIFY THAT TIIE CLAII.4S LISTED ON PAGES NUI.IBERED FROtI I THRfl.,GH 13 AND/OR CLAII{S NUMBEREO FROIiI 84642 TIIRCI,,GH 8428 INCLUSIVE,IoIALING IIJ OT $1,323,217.75, HAVE BEEN CHECKED IN OETAIL AND APPROVED BY THE PROPER AND IN I.IY OPII.JION REPRESEiIT FAIR AND JUST CHARGES AGAINST THE CITY III !/ITH TIIEIR RESPECTIVE AI.IOUNTS AS INDICATED THEREON. FINANCE DIRECTOR APPROVED FOR PAYI,4ENT DATE COIJNC I L DAIE 08- 16- 2002 NAI,iE TOTAL FOR APPROVAL HONORABLE I.IAYOR AND CITY COJNCIL: CITY OF BURLINGAI,4Et,,IARRANT RE6ISTER FUND RECAP - 01-02 FUND PAGE 12 A}ICIJNT 2,686.11 36,008.51 21 ,579 .25 305.71 1 ,931 ,91 .32 63. 12 s62,660.96 GEIIERAL FUIJD CAPITAL II.IPROVEMENTS FUND IJATER CAPITAL PROJECT TUND UATER FUND SEgER FU}IO FACI LI TIES SERVICES TUNO EOUIPI4ENI SERVICES TUND 101 320 526 527 619 620 THIS IS TO I}iCLUSIVE, THE A}IOU}IT OFF I CIALS, ACCORDA}ICE RESPECTFULLY SUBI.IITTED, CERTIFY THAT THE CLAII4S LISTED ON PAGES NUMBERED FROI.I'I THRCI,GI'I 12 AND/oR CLAIUS NUIIBEREo FRoM 84642 THRCTJGB 84r/8 I CLUSM,TOTALING IN OT 562,660.96, HAVE BEEN CHECKED IN OEIAIL ANO APPROVED BY THE PROPER AND tN I.IY OPINION REPRESENT IAIR AND JUST CHARGES A6AIIIST THE CITY III I.IITH THEIR RESPECTIVE AI4OUNTS AS INDICATED IHEREON. FINANCE OIRECTOR APPROVED TOR PAYi{ENT COUiICI L OATE DATE 0a- 16- 2002 PAGE 11 AI,iOUNT 3,955.21 3,681 .51 14.61 12,749.01 2,653.66 18,123.57 3,571.66 $1,385,878.71 IIAME FUIID 101 320 326 526 527 528 529 619 620 621 625 731 734 896 GEIlERAL FUND CAPITAL Ii.IPROVEI{ENTS FUI'ID gATER CAPIIAL PROJECT FUND S'ATER FUND SEIiER fUNO SOLID IIASTE FUNO GOLF CENTER FUND TACILIIIES SERVICES FUND EOUIPMEIIT SERVICES FUND I}IIORMATIOII SERVICES FUIIO FIRE MECIIANIC SERVI CES FUND TRUST AND AGENCY FUND STATE GRAIITS FUND BURL I NGAI,IE TRAIIJ SHUTTLE PROGRAI4 UTILITY REVOLVING FUIIO 0.00 134,459.46 1 , 151 ,89O ,21 25,138.37 3,662.42 20,816.93 732.31 74a.21 341.11 TOTAL FOR APPROVAL HONORABLE I.,IAYOR AI,IO CITY COUNCIL: THIS IS TO I NCLUS IVE, TNE AI,4OUNT OFF I CIAIS, ACCORDANCE CERTIFY IIIAT TIIE CLAIIIS LISTED ON PAGES NUMBERED FROI.I'I THROJGH 1'I AND/oR CLATMS NUI'|BERED ERoM 84642 THROUGT{ 8478 TNCLUSM,TOTALTNG IN OF 3'1,385,878.71, HAVE BEEN CIiECKED III DETAIL AND APPROVEd 8Y THE PROPER AIID IN I,IY OPI}IIOII REPRESEiIT TAIR AND JUST CI{AR6ES AGAII.{ST IHE CITY IN [JITH THEIR RESPECTIVE A}IO,JIITS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, FINANCE DIRECTOR APPROVED FOR PAYXENT COI.JNC I L DATE CITY OF BURLINGAI.IEI.'ARRANT REGISTER IUND RECAP . O2.O3 DATE NUMBER NAME 84769 TOTAL SJ}I CONSTRUCTION MI SCELLANEOUS ACC0UIr i00.00 v1 22525 100.00 101 64420 121 720.13 101 65200 250 300.00 731 ?2520 '1,000.00 731 22520 '1,952.00 731 22520 1,102.00 520 80580 220 21,579.25 326 79530 220 3,532.50 101 66,100 260 167.01 731 22516 PAGE '10 At40ut'lT 500.00 100.00 7?0.13 300.00 1,000.00 1,952.00 '1 , 102,00 21 ,579.25 3,532.50 167.01 $1,385,878,71 CITY OF EURLINGAI.IEI.'ARRANT REGISTER 08/ 16/02 VENDOR DETAILr*r Denotes Hand Uritteh Checks ?r888 84770 ALTA LAiIGUAGE SERVICES, INC. PERSONIIEL EXAMINATIONS 23889 84771 STEVEN GENSLER MI SCELLANEOUS ROCOUE YBALLA TRAVEL & I{EETINGS 23890 8477?DAVID PRESS DEPOSIT RETUNDS 23891 84773 t,I. SUI.IGARNER INC. DEPOSIT REFUNDS 23892 84774 MAXIUUI SERVTCE LANDSCAPTNG, tNC 23893 DEPOSIT NEFUNDS u775 BALLAROO ACCI.JSTICS CONTRACIUAL SERVICES 23891 84776 gESI VALLEY COI,ISTRUCIIOII CONTRACTUAL SERVICES 23895 AP 817-/7 AscE CONTINUING EDUCATIoN TRAINING EXPE}ISE 23896 un8 23898 CI TY OF BURLINGAMEI./ARRANT REGISTER 08/ 16/02 VENDOR DETAILr*r Denotes lland l,rritten Checks 3,859.12 1,010.00 326 80320 210 526 69020 210 PAGE 9 AI.iOI.JNT 1 ,764.59 35.00 1 ,573.15 45.21 719.79 4,899.12 500.00 77 ,988.10 121.34 u,645.00 9,105 .oO 2,738,66 700.00 84758 84759 ERLER AND KALINOIJSKI,INC. PROFESSIONAL & SPECIALTZED S PROFESSIONAL & SPECIALIZEO S PROFESSIONAL COI.I UNTCATION INSTA 23485 CAPITAL EOUIPMENT NUI.IBER NAI.IE 44754 817s5 44761 84762 41763 84761 81765 23411 44756 CANOI.I FINANCIAL SERVICES, INC. CITY HALL }IAIiITENANCE 23136 84757 SAN FRANCI SCO EXAMINER OFF I CE EXPENSE RECALL - TOTAL INFORMATION MGI.IT iII SCELLANEOJS CRESCO EOUIPI{E T REIITALS STREET RESURFACING EXPE},ISE CITY NATIOIIAL BANK COI'ITRACTUAL SERVICES KELLY iIOORE TRAFFIC CONTROL I.IATERIALS CAI.IBRIDGE CM INC. PROFESSIOXAL & SPECIALIZED S TRINET CONSTRUCTION CON]RACTUAL SERVICES I.IECHANICS BAIiK CONIRACTUAL SERVICES ACCOUNT 1,764.59 736 61570 110 35.00 731 22518 1,573.15 621 64450 200 15,24 101 66210 225 719.79 101 65100 800 23366 23470 23531 236?1 23758 23779 23840 23a47 23860 23873 23885 200.00 500.00 101 36600 731 22525 500.00 731 22525 77,988.10 320 76010 220 124.31 101 &210 222 20,101,90 320 75110 Z1O 81,645.0O 320 80510 220 9,405.00 320 80510 220 2,738.66 101 66100 120 a476a DANIEL A}ID LAURA BERTERRETCIiE l{lscELLA EOlrS 23887 500.00 731 22525 500.00 20,401 .90 &760 CHARLES SCHEI.IBRI I.I I SCELLANEOUS 81766 DLT SOLUTION, INC UI SC. SUPPLIES 84767 TEVIN AND LAUREN OISULLIVAI,I tII SCELLAIIEOUS I.,II SCE!LANEOUS CI TY OF BURLII,IGAME!JARRANT REGISTER 08/ 16/02 PAGE 8 AMOUNT 2,000.00 3,000.00 712.85 2,630.00 16,359.08 529.00 1,000.00 110.11 96.00 1 ,065 .33 11,181 .11 825.00 257.40 255.00 952,60 NUMBER NAME VENDOR.*r Denotes Hand Hritten Checks 84738 TECIINOLOGY,ENGTNEERIIIG & CONSTRU 22435 CAPITAL EAUIPMENT 44739 DKS ASSoCIATES PROFESSIONAL & SPECIAL I ZED S DETAI L ACCOUI,IT 2,000.00 101 55100 800 3,000.00 320 79100 210 84741 u742 84743 84711 81715 22924 81746 !/ESTERN EXTERI.{ I I,IATOR COI,IPANY CONTRACTUAL SERVICES 84747 2,530.00 101 65100 140 16,359.08 736 64571 220 529,00 101 64420 121 1,000.00 711 22520 't10.11 101 65100,110 96.00 10'1 68010 220 1111 'l ,065.33 527 65520 120 14,141 .11 320 76010 210 825.00 731 22525 257.10 101 68010 220 1372 255.00 10't 68010 220 1644 952.60 101 65300 110 LEADERSH IP UNIFORI,4S AND EOUIPI{ENT PARKING CO'.IPANY OF AMERICA CONTRACTUAL SERVICES I.II LLS PENINSULA HEALTH SERVICES PERSOiIIIEL EXAI.IINAT IONS SI,iELLY I.IEL tS PLUMBING DEPOSII REFUNDS I}IAGI STICS II]TERNATIONAL OFF ICE EXPENSE LUDLOI,J & ASSOCIATES MISC. SUPPLIES 561.30 526 690?0 260 620 66700 260 2216A Ap 22479 ?2496 22500 22751 22753 23022 23035417IacRI TICAL SOLU oNS, INC. PROFESSTONAL & SPECIALIZEO S T. RANDOLPH GRANGE Itl I SCELLANEOTJS 81750 us LAcRossE CONTRACTUAL SERVICES 44749 84751 84752 23143 23?90HAI F I.IULLINS CONTRACTUAL SERVICES SIERRA OFf I CE SUPPLIES OTT I CE EXPENSE 23301 81753 BOTSE CASCADE OFFICE PRODUCTS CO 23306 OFFICE EXPENSE 161.65 '10'1 65200 1,t0 84740 OUEIIVOLDS SAFETY SHOEI/TOBI LES TRAI}IING EXPENSE TRAIIIING EXPENSE 23001r CITY OF BURLINGAME TIA R R A N T R E G I S T E R 08/16t02 PAGE 7 AMOUNT 1 ,017 .26 87 .98 8,034.03 1,750,oo 3,395.00 17,365.00 251 , 62.73 307.66 19.03 561 .08 500.00 72.53 NUI{BER NATIE 84724 84725 CIIIGULAR UIRELESS co,tt{uN r cAT ! 0N s 84726 TURBO DATA SYSTEI4S, INC. I.{ I SCELLANEOUS 84727 VE}IDOR DETAILr*r Denotes Hand Uritten Checks INC.21631 AP 31?.14 305.71 279.97 86.32 63.12 ACCOUNI 87.98 526 69020 160 8,054.03 101 570,10 1,750.00 101 68010 220 1423 5,595.00 320 80510 210 17,365.00 101 37010 251,A6 101 68020 200 2200 ARAIIARK UNI FoRtl UNI FORI.iS AXD U}I I FORMS AND UN I FORMS AND UN I FORI1S AND UN I FORXS AND SERVI CES, EOUIPMENT EOUIPMENT EOUI PI.IENT EOUI PI{ENI EAUIPI.IENT '101 66210 110 526 69020 110 527 66520 110 619 61160 140 620 66700 140 ?1816 44728 SIBB ATD ASSOCIATES, IilC. PROTESSIOI,IAL & SPECIALIZEO S 21863 AP 84729 sAN ATEo CCt.tNTy CONTROLLERS OtF 21897 }II SCELLAIiE(lJS 81730 ARCH L] I RE LESS COI,IMUN I CAT I ONS COMMUNICATIONS 81732 SPALDING SPORTS MISC. SUPPLIES EILEEN P. GOLDENBERG CONTRACTUAL SERVICES REED EOUI PI,IEIIT CO EOt',I PI.IENT MAINT. AT&T cot4Mu I CAT I0NS ROBERTS ANO BRUNE }I I SC. SUPPLIES 11 .A2 20.91 101 66210 160 527 66520 160 307.66 529 68030 120 42oo 19.05 't0l 65100 160 361.08 526 69020 120 500.00 731 225?5 72.53 101 65200 205 21767 21980 22089 2?116 22138 22178 ?2241 2?250 84731 44733 44731 81735 STELLA IIUNG I{I SCELLANEOIJS 417'6 ALLIED ROPES FIRE APPARATUS I.IAI NT. 22384 271.40 101 68010 200 110r 271.4084737 i KE ELOilDINO EOUIPI{EI,IT I.IAI NT. NUiIBER NAI.IE 44709 81710 84711 8471? 84713 8/.714 44720 RACOUE] SI'II TH CONTRACTUAL SERVICES 44715 Ptirl scoTT TRAVEL & iIEETINGS 84716 DELL MARKETING L. P. CAPITAL EOUIPMENT 84717 ourcK t4lx coNcRETE SIDEIJALK REPAIR EXPENSE CITY OF BURLINGAI,4E UA R R A N T R E G I S T E R 08/16/02 VENDOR OETAI Lr*r Denotes Hand Uritten Checks 19827 ACCOUNT 2,517.34 734 6519s 800 1,A70.11 320 805.10 220 1,05?.48 621 64150 200 660.00 621 61150 160 159.19 320 78190 120 7,142.40 101 68010 220 1782 500.00 527 66520 250 1,651.94 527 65530 800 DELTA SAEETY SUPPLY CO CAPITAL EOUIPI,IENT PEI]INSULA CORRIDOR JOINT CONTRACTUAL SERVICES GE CAPITAL CITY HALI T.IAINTENANCE AFF I NITEL COMMUNICATIONS co'll.lt llIcaTIol,ts CENTRAL GAROEN CEIITER I.4I SC. SUPPLIES RED!]OOO GENERAL TIRE SUPPLIES LINDA D. NEIJTON I.,II SC. SUPPLIES 20216 20246 20339 20550 20900 AP 21178 21216 PAGE 6 AMOUNT 2,547.34 1,870.11 1 ,052.4a 660.00 159.19 7,142.40 5 00.00 1,611 .91 532.32 2,371,00 1,110.94 1 ,072.76 1 ,800.00 66.71 21140 532,3? 101 65210 ?19 84718 ESA ENVIRONI.IE}ITAL SCIENCE ASSOC 21'160 AP PROFESSIONAL & SPEC IAL I ZED S 2,371,00 101 64350 210 84719 Ar/N ltusso OFfICE EXPENSE }I I SC. SUPPLIES TRAVEL & MEETINGS 54A.14 193.30 369.50 101 64200 110 10r 65200 120 101 64200 250 2149A 817?? ctTICoRP VENDOR NANCE, lNC. EOUIPI.IEXT I.IAIIIT. 215?1 1,072.76 620 15000 1,800.00 320 79580 120 66.71 101 65200 200 81723 SAVIN CORPORAT ION OTTICE EXP€}ISE 21630 453.15 101 68010 110 1101 153.45 20060 AP 20300 CI TY OF BURLINGAIIEI]A R R A N T R E G I S T E R 08/16/02 VENDOR DETAI Lrir Denotes Hand trritten Checks PAGE 5 AI.4OUN T 1 ,528.20 4,238.00 102- 00 39.37 1 ,981.50 701,897.00 206,930.00 111.a4 146.83 662.76 370.09 124 .79 9,r13.40 900.00 NUMBER NAI.IE 84694 84695 84697 81698 81699 81700 84701 81701 44706 ACCOUNT 3,5?8.20 101 68010 220 1372 PARAI.IOUNT I S GREAT AI.IERICA iIISC. SUPPLIES CO}ITRACTUAL SENVICES 44696 CRA E PEST COiITRoL PROFESS IONAL & SPECIALIZED S 870 68 101 66010 120't423 101 68010 220 1212 JEFF H IPPS COIITRACTUAL SERVICES DENNIS J. AXOROSO CONTRACTUAL SERVICES JJR COIISTRUCTION CONTRACTUAT SENVICES IMAGEHAX, INC, MISCELLAIIEOIJS L/ILSEY & IiA}.I PROIESS IONAL & SPECIALIZED S 17803 18078 18103 18830 18970 1a979 19027 19047 19085 19145 19239 3,3 00 00 PRUDENTIAL OVERALL SUPPLY CONTRACTUAL SERVICES U7O2 BPS REPROGRAPHIC SERVICES I{ I SC. SUPPLIES 44703 A}IGIIEI'SPAPERS PUSLICATIOIS & ADVERTISING }I I SC. SUPPLIES 511.80 120.96 '101 64200 150 320 80700 120 VERIZON I'IRELESS I.IESSAGING SERVI 18763 co fiuNIcATI0NS NATURCLEAN lltsc. SUPPLIES 102.00 619 64460 210 5110 39.37 526 69020 160 1,984.50 527 66520 120 701 ,a97.00 320 76010 220 205,930.00 320 75110 220 '111.84 't01 65200 220 146.83 320 80700 120 19397 AP 84707 I.IINGES ARCIIITECTURE & PLAIINING t,I I SCE L LAN EOI.JS 19471 370.09 731 22518 121.79 527 66520 130 9,513.40 320 80600 210 900.00 731 22525 84708 CREATIVE I}ITERCONNECT CO4MUNICAI IOIIS 197fa 2?8.36 101 55200 150 228.36 41705 PRIORITY 1 SI.IALL T@LS CITY OF BURLINCAII{E!,4 R R A N T R E G I S T E R 08t16/02 VENDOR DETAI L.*r Denotes lland !/ritten Checks ACCOUNT PAGE 4 AMOJI/T 659.57 2.00 50.00 14.89 948.58 189.90 56.00 44.13 42.56 399.70 225.69 78.75 84679 AT&T coiiituN I cAr I 0N s UTILITY EXPENSE SAN I4ATEO LOCK I,IORKS MISC. SUPPLIES PARKIN SECURITY CO},ISULTANTS PERSONNEL EXAI.4INATIONS 2.00 101 68010 120 1111 50,00 101 64420 121 395.88 263.69 873.58 75.00 520 15000 620 66700 200 NUI,4BER TIAME 84680 84681 81683 84684 44645 84686 84689 81690 a4691 44692 13940 11643 't5250 15739 15764 15827 16066 1691 1 171?8 17102 17414 17177 17497 CINIAS CoRP. #46/r UNI FORI.IS AIID EOUI PI.{EIIT 81(87 GOLDEN I/URSERY },I I SC. SUPPLIES 84688 GALL ' S, INC. SUPPLIES I,'ETRO MOBI LE COMMUIII CATIONS COMMUII I CAT IONS VALLEY OIL CO. SUPPLIES EOUIPI{ENT I'{AINT. M D LINEII SERVICE COiITRACTUAL SERVICES JOSEPH III LL IAI.I I.ICCLAITI CONTRACTUAL SERVICES COLORPRINT DIGITAL OFFICE EXPENSE 189.90 101 65200 ?20 56,00 101 68010 220 1787 1,0n.47 101 68020 140 2200 11.43 526 69020 120 82.56 520 15000 399.70 101 65300 160 310.00 't 0'1 36600 78.75 101 65300 110 PR IDE PAINI BLDG. & GROUNDS MAINT. t.I I SC. SUPPLIES I,I I SC. SUPPLIES 114 54 56 101 68020 526 690?0 619 64160 190 2200 '120 120 5200 DAVID I.IAN I I.I I SCELLANEOUS 85 02 84693 CRAIG COCCELLATO DEPOSIT REFUNDS 17732 300.00 8464? MI LLBRAE LOCK SHOP l|IISC. SUPPLIES 621 64450 160 896 202A1 14.89 101 68020 120 2200 1,079.47 3'10.00 17304 300.00 nl 22520 CITY OF BURLINGAI.IE},ARRATIT REGISTER 08/16/02 120 2't9 222 260 2200 120 120 PAGE 3 Atrl0u T 2,110,51 1,041.80 8,150.35 476.00 160.00 67 ,50 5,324.56 1 ,369.20 I.IU[8EN NAME 84670 84671 84672 81673 44674 CRAIC T/. REED COIITRACTUAL SERVICES ANA FITZGERALD COiITRACTUAL SERVICES 176.00 10't 68010 220 1787 160.00 101 58010 ??O 1617 67.50 320 79020 210 SAN },IATEO LAI.IN MOIJER SHOP SI'IALL TOOLS EAUIPMENT I.IAINT, FIRE APPARATUS I.IA I NT. I.I I SCELLANEOUS 101 66210 't30 101 68020 200 2300 10'l 65200 203 101 68020 400 2100 VEI{DOR DETAI Lr*r Denotes Hand tlritten Checks 09560 09790 09881 87.97 430.85 141.99 I ,746,70 262 308 399 13 45 90 ACC0U T 66210 66210 66210 68020 69020 66520 ORCHARD SUPPLY TIARDIIARE I.I I SC. SUPPLIES BLDG. & GROU}IDS MAINT. FIRE APPARATUS I,iAINT. 57.11 918.44 66.25 101 65200 120 101 65100 190 101 65200 205 IIIIERSTATE TRAFTIC I.I I SC. SUPPL IES SIDEI,'ALK REPAIR EXPETISE TRAFF IC CONTROL MATERIALS IRAINING EXPEI,ISE MISC. SUPPLIES MISC. SUPPLIES 71 51 43 30 17 93 7 101 l0l 101 101 526 527 09975 1110181675i4EYERS, NAVE, RtEACK, SILVER PROFESS IONAL & SPECIALIZED S 84676 BURLI NGAI4E POLICE OEPT OFFICE EXPENSE tl I SC. SUPPLIES UNI FORiIS AND EOUIP}IENT co,fi4uN I cAT I oN s BLDG. & GROI',IIDS I.IAINT. EOUI PI.IENT MAINT. DUES & SUBSCRIPTIONS lRAIIIING EXPE}ISE PRISONER EXPE}ISE POLICE INVESTIGATION EXPENSE I,IISCELLAI/EOTJS CAPITAL EOUIPMEIIT UNI FOR}IS AND EOUIPI.IENT '11720 13743 1 ,151.90 1 ,781 .65 159.74 2.O2 105,37 232. 20.00 290.92 126.78 180.00 431 .00 433.00 106.32 1,369.20 731 22560 84678 ICBO- INII L CONFERENCE OF I.I I SC, SUPPLIES 13834 '10.56 101 65300 120 10.56 101 65150 110 10r 55400 120 '101 65100 110 101 65100 160 '10't 65100 190 101 65150 200 101 65100 240lot 65100 260 101 65100 291 101 65100 29? 101 65100 703 '101 65100 800 734 65195 140 09670 81677 BOETIIIT,IG TREELAND FARMS, I}IC. I,IISCELLANEOUS CITY OF BURLINGAME},ARRANT REGISTER 08/ 16t02 VENDOR OETAI L '*r Denotes Hand tlritten Checks NIJi,{BER NAI'4E 81656 PATTERSON PARTS, INC FTRE APPARATUS I.IAI IIT. SUPPLIES FIRE APPARATUS I{A T [T. 84657 SANDRA POEE CONTRACTUAL SERVICES 84659 T II4BERLINE TREE SERVICE, INC. CONTRACTUAL SERVICES 84660 03106 03175 03380 03760 0382'l 09143 09433 2,322.36 207,51 734.00 55,00 2,070.68 96.65 344.46 14.61 101 65200 203 620 15000 625 65213 203 ACCOUNT PAGE 2 AMOUNT 455 .72 '1, 140.00 I ,255 .00 475.00 5,389,55 898.71 157.17 I ,1A9 .75 18,200.00 37.18 1,'140.00 101 68010 220 ,1641 1,255.00 620 66700 120 175.00 101 68020 220 23oO 3,000.00 101 64250 114 039',10 81662 TARGET SPECIALTY PRODUC]S, INC. I.I I SC. SUPPLIES 09112 81663 BURLIIIGAiIE REC. DEPT./PEITY CASH l{ I sc. SUPPL I ES UNIFORMS ANO EOUIPI.IENT CONTRACTUAL SERVICES TRAINING EXPENSE I.I I SCELLAIEqJS 84661 81664 U S POSTAL SERVI CE MI SCELLANEOUS LYIIGSO GAROEN iIATERIALS I.4I SC. SUPPLIES SAFETY KLEEN CORP. REIITS & LEASES SAN MATEO COI,NTY SXERIFFIS OFC. COIIIRACTUAL SERVICES 101 68010 101 68020 101 68010 101 68020 731 22513 1330 2200 1614 2200 120 140 220 260 09168 81665 oLY|.|PIA[ OIL CO{PA{Y GAS, OIL & GREASE 09238 81666 TESTI NG ENGI IIEERS, INC. CONTRACTUAL SERVICES 81667 TURT & INDUSTRIAL EOUIPI4ENT CO. SUPPLIES 09319 84668 110.12 101 68010 120 1587 898.71 101 68020 120 2200 457.17 101 68020 180 2200 9,489.75 101 65100 201 18,200.00 320 80231 220 37.18 620 15000 30,587.00 101 55500 220 84669 SIERRA PACI FIC TURF SUPPLY I.I I SC. SUPPLIES 09459 405.91 529 68030 120 4200 405 .94 3,000.00 110.42 30,587.00 84658 SAN MATEO COUNTY ENVIRONI,IE},ITAL lil I SC. SUPPLIES 09270 AP CI TY OF EURLINGAME},ARRA}IT REGISTER 08/16t02 VENDOR DETAIL '*r Denotes Hand tlritten Checks NUMBER NAME 84642 ACTION CLEANING SERVICE CONTRACTUAL SERVTCES 84613 ALPI NE AIiARDS, INC. I,4I SC. SUPPLIES 84644 IIARBOR SAND & GRAVEL t'I I SC. SUPPLIES 81645 GENE EVANS CONTRACTUAL SERVICES 84646 EL'ING IRRIGATIO},I PROOUCTS I,4 I SCELLANEOUS 84647 !,. L/. GRAIIGER, IuC. TRAFFIC CONTROL I,4ATERIALS }I I SC. SUPPLIES 81618 ACCOUNT 15,000.00 527 66520 220 23.27 527 66520 120 56.37 101 66210 120 351.00 101 68010 220 1644 739.12 101 68020 192 2200 01030 01313 02119 02157 02248 0?615 02819 02898 03011 03051r 28.09 59.43 13.03 24.85 36.81 933.47 68010 1 68020 1 68020 1 66210 2 80790 1 69020 1 PAGE '1 AMOUI,IT 15,000.00 56.37 351 .00 739.12 367 .57 732.31 97.10 153.60 I ,096.08 34.64 10.23 02261 8r',649 HARDIIIG ESE, INC. PROFESSIONAL & SPEC IAL I ZEO S 02365 84650 GRA}IITE NOCK COMPANY STREET RESURFACI }IG EXPETISE I,4I SC. SUPPLIES K & T' DISCOUNT LIGHTING & SUPP I,I I SC. SUPPLIES iIANPOI'ER TET.IPORARY EMPLOYMEIIT SVC. 36.32 65 .06 101 66210 222 527 66520 ',t20 179.21 188.36 101 66210 226 5?6 69020 120 732.31 528 66600 210 97.10 619 64460 120 5121 153.50 101 65300 011 81651 84653 84611 I.II LLBRAE LUI.IBER CO. MISC. SUPPLIES 8LDG. & GROUNDS I,IAI NT. XISCELLANEOUS SIDEI'ALK REPAIR EXPENSE I.I I SC. SUPPLIES MISC. SUPPLIES '101 101 101 101 320 526 20 90 92 19 ?o 20 2200 2200 PACIFIC NURSERIES I,{ I SC. SUPPLIES P. G. & E. GAS & ELECTRIC 10.23 527 66520 170 81655 PACI FIC BE LL UTILITY EXPEI]SE 03080 3,307.97 0'1052 101 .38 84652 3tt.61 529 68030 ,120 4200 3,307.97 896 2028'l GE}IERAL TUNO CAPITAL II4PROVEI'{ENTS TUIID IIAIER CAPITAL PROJECT TUNO SEI,/ER CAPITAL PROJECT FUND I,'A]ER TUND SEWER FUND SOLID TJASTE FUND GOIF CENIER FUND FACI LITIES SERVICES FUND EOUIPMETIT SERVICES FUND INTORMATION SERVICES FUND IIRE MECHAI{IC SERVICES FUND TRUST AIID AGENCY FUND STATE GRAI.IIS FUND UTILITY REVOLVIIIG FUXD 08-08-2002 NAME THIS IS TO I NCLUS I VE , THE Ai4OUNT OFFICIALS, ACCORDAI,JCE RESPECTTULLY SUBMITTED, CI TY OF EURLINGAI,{EI,IARRANT RECISTER IUND RECAP . 02.03 413.88 325 -61 185.00 150.00 536.07 682.19 731 .63 621.92 87 102 I 12 ?04 2 35 7 1 10 1 3 FUIID 101 320 326 327 526 527 528 529 519 620 621 625 731 734 896 PAGE 12 AliouIT 670.59 629.86 17 .36 551.33 685.50 214.06 421 .88 s175 ,441 .91TOIAL FOR APPROVAL HOIIORAELE MAYOR AND CITY COUNCIL: CERIITY THAT THE CLAII.IS LISTED ON PAGES NUMBERED TROI.I 1 THROTJGH 12 AND,/OR CLAIt.IS NUI.IBERED FROM 84466 THROUGII 84590 INCLUSIVE,TOTALING IN OF $475,411.91, HAVE BEEN CHECKED IN DETAIL AND APPROVED i}Y THE PROPER ANO IN I.IY OPINIOII REPRESENT FAIR AIID JUST CHARGES AGAIIIST TIIE CITY TiII'ITH THEIR RESPECTIVE A}IOUNTS AS INDICATEO THEREO},I. FI}IANCE DIRECTOR APPROVEO FOR PAYI'IENT COUICIL DATE DATE 08-08- 2002 CI TY OF BURLINGAI4E!]ARRANT REGISTER Fullo RECAP - 01.02 PAGE 11 NAI'IE FUND 101 526 731 AI.IOUNI $239 ,388.37 GENERAL FUNO ITIATER FUND TRUST AND AGENCY TUND 941 760 682 11, 217 , 9, 82 71 TOTAL FOR APPROVAL HONORASLE IiIAYOR AND CITY COUNCIL: THIS IS TO I NCLUS IVE, THE A}iOT,IIT 0tt tcIALs, ACCORDANCE RESPECTFULLY SUBtlITTED, CERTIFY TNAT THE CLAII4S LISTED ON PAGES NUMBERED FRO.I 1 THROUGI{ 11 AND/OR CLAI S NUi|BEREo FRoM 84465 TEROUGH 84590 INCLUSM,TOTALTNG INOI $239,388,37, HAVE BEEN CHECKED IN DETAIL AND APPROVED iY THE PROPER AND IN I,4Y OPINION REPRESENT FAIR AND JUST CHARGES AGAINST TIIE CITY IN t.,ITH THEIR RESPECIIVE AI,IOUNTS AS INDICATED THEREON. FINANCE DIRECTOR APPROVED FOR PAYI.IENT DATE DATE . .......... . ..... . .... ., ./ cou[cI L 08-08- 2002 CITY OF BURLINGAMELIARRANT REGISTER FUND RECAP . 02-03 PAGE 10 Ar,{0u}lT 99,358.70 102,325.64 1 , /+85,00 450.00 230,298.91 204,682.19 2,731 .63 35,621.92 7,670.59 1 ,629.86 17.36 551 .33 ?0 ,368.21 1,214.06 3,121 .88 NAME FUIID GENERAL TUND CAPI TAL II,4PROVEI.IENTS FUND IIATER CAPITAL PROJECT FUNO SEI,IER CAPITAL PROJECT FUND I,JATER FUND SEI.,ER FUNO SOLID L/ASTE FUND GOLF CENTER FUND TACILITIES SERVICES FUI,ID EOUIPMENT SERVICES FUND INFORI.IATION SERVICES FUND rIRE I.IECIIANIC SERVI CES FUND TRUST A}ID AGENCY FUIID STATE GRANTS FUNO UTILITY REVOLVING FUND 101 320 326 327 526 5?7 528 529 619 620 621 625 731 734 896 TOTAL FOR APPROVAL HONORAELE MAYOR AND CITY COUNCIL: THIS IS TO I NCLUSIVE, THE AI,4OUNT OFF I C IALS, ACCORDAIlCE CENTIFY TIIAT TIIE CLAIMS LISTED ON PAGES I,IUiIBERED FROI,I 1 THROUGH 'IO AND/OR CLAIMS NUI.IBERED FROM 84466 THROUGH 84590 INCLUSIVE,TOTALING II,I 0F $714,830.28, HAVE BEEN CfiECKED lN oElAtL AND APPROVED By THE pROpER AND II,I MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN I.IITH THEIR RESPECTIVE AI.IO{JiITS AS INDICATED THEREOII. RESPECTFULLY SUBMITTED, TEDAFINANCE DIRECIOR APPROVED FOR PAYMENT col.JNct t DATE $714,830.28 84582 CITY OF BURLINGAME!,4 R R A N T R E G I S T E R 0a/0a/o2 VENDOR DETAILr*r Denotes Hand tritten Checks NUI,4BER NAME 84580 BRAD LOOSE DEPOSIT REFUNDS 84581 DLT SOLUTION, INC MISC. SUPPLIES DEMARTINI ARNOTT PAINTING DEPOSIT REFUNDS 84583 ILS CA]|PS CONTRACTUAL SERVICES 84584 OAVE CREAI'IER CONTRACTUAL SERVICES 84585 84590 SEREND I PI TY LA}ID YACH]S }I I SC. SUPPLIES TOTAL ACCOUNT 50.00 731 22520 2,631.53 101 66100 120 300.00 731 22520 1,040.00 101 68010 220 1372 600.00 101 6a010 220 1646 610.00 101 68010 220 1545 84.00 101 61120 210 2,400.00 731 22516 5.17 101 68010 170 1111 57.00 101 61120 240 1,072.40 101 68010 120 1423 23872 23873 23874 23475 23876 23877 ?3878 23879 23880 234a1 23882 PAGE 9 ATIOUNT 50.00 2,634.53 300.00 1,040.00 600- 00 540.00 84.00 2,400.00 3.17 57,00 1,072.10 $714,830.28 I,4ELISSA GINSEERG CONTRACTUAL SERVICES 815 COI'INTY SCHOOL SERVICE FUND PROFESSIONAL & SPECIALIZED S 44547 KARP FAI,4I LY TRUST I.I I SCELLANEOUS 84588 AT&T BROAOBAND GAS & ELECTRIC 84589 ELEi.IENT K JOURNALS DUES & SUBSCRIPTIOIIS CITY OT BURLIN6AI4EI,IARRAIIT REGISTER 08/08/02 VENDOR DETAI Lr*! Denotes Hahd l,lritten Checks ACC0Ut'tT PAGE 8 AI,4OUNT 3,602.97 200.00 8,117,21 2,178.00 75 .00 757. 300.00 240.00 240.00 640.00 300.00 760.00 200.00 101 65200 210 81566 DCE DESIGN,COI,4I,4UNIIY & ENVIRONI,IE 23781 AP PROFESSIONAL & SPECIAL IZEO S 8,117.21 't01 64400 210 84567 PACI FIC BELL/WORLOCOI,4 CoI'IMUN I CAT I0NS UTI L ITY EXPENSE EASIC I'IoDULAR FACILITIES DEPOSIT REFUNDS cltE!.tsEARcH SIDELIALK REPAIR EXPENSE BRIAN ROCHE I.I I SCELLAI.IEOUS SHELLY NELSOTI iII SCELLANEOUS JOHN R00GERS DEPOSIT RETUNDS I4I KE SPILLANE DEPOSIT REFUNDS &5N POPOV PROPERTIES XTSC. SUPPLIES 181.09 3 ,421 .88 101 65150 160 896 20281 NUI'{BER NAI.4E 81564 84565 84569 84570 81571 84572 845f3 84571 81575 84576 84578 RS DIEKXAII ANO ASSOC DEPOS IT REFUNDS SAN I.IATEO COUNTY FIRE CHIEFS ASS 25762 DUES & SUBSCRIPTIONS KAREN LIU COI'ITRACTUAL SERVICES 2372A 23823 23a41 23862 23863 23861 ?386' 23866 23867 23868 23869 23870 84568 I,4AD SCIENCE OF THE BAY AREA CO}ITRACTUAL SERVICES 367.50 l0l 68010 220 1615 2,178,OO 101 68010 220 1319 757.98 731 225A7 300.00 731 ?25?0 863.85 101 66210 219 240,00 101 36620 240.00 't01 36620 540.00 731 22520 300.00 731 22520 450.00 327 78536 120 760.00 731 22520 NORCAL I,IUI{ I CI PAL PERSOI'INEL I,4AIIAG 2386'1 TRAVEL & I,4EETINGS CITY OF HALF MOOII BAY M I SCELLANEOUS 84579 SYSTE S PAVI [c, INC, DEPOSI T REFUIIDS 23871 300.00 731 22520 300 -00 367.50 863.85 450,00 75,00 101 61420 250 CI TY OF BURLINGAMEL'ARRANT REGISTER 08/08/02 VENDOR OETAIL!*r Denotes Hand llritten Checks ACCOTJNT PAGE 7 AI,4OUNT 335.86 1 , 109.25 '1,7t0.00 61 .61 408.15 175.00 49.00 71 .29 398.21 251 .79 1, 160.00 2,029.32 362.67 17 .36 IIUI.IBER NAI.IE 84549 84550 CPS 84551 84552 84553 84551 84555 84556 81559 84560 84561 84562 IMAGISTICS INTER',IATIONAL OTFICE EXPENSE CONTRACTUAL SERVICES 13.86 29?.00 101 65't00 lt0 '101 65100 220 255 .74 112,47 101 64250 110 101 66100 120 PERSONNEL EXAMINATIONS 22921 23005 23082 23096 23156 23169 23510 23512 AP 24572 23654 23661 1,109.25 101 64420 121 1,750.00 101 61560 220 61.61 ',101 54400 ll0 408.',15 101 68010 '120 1899 175.00 101 54420 030 49.00 101 65200 160 71.29 101 66210 222 23214 u557 BolsE cAscADE ot cE pRoDUcTs co 23306 OFFICE EXPEIISE lil I SC. SUPPLIES 84s58 THE I }INOVATIO},I GROUPS COIJTRACTUAL SERVICES THE ORAIJING BOARO OFF I CE EXPENSE PEPSI BOTTL I NG GROUP I.{I SC. SUPPLIES TLC ADI,4I I,I I STRATORS t'l I SCELLANEoI.JS AT&T I.JIRELESS COI'iMUN I CAT IONS KELLY IIIOORE PAI NT CO TRAF FIC CONTROL }.|ATERIALS KORALEEN EIITERPRISES }I I SC. SUPPLIES ICE CENTER OF SAN MATEO CONTRACTUAL SERVI CES UNION ELECTRI C CONSTRUCT ION CO},ITRACTUAL SERVICES SCS ENGII]EERS PROFESSIONAL & SPECIAL I ZEO S AI&T c0Mr,tul,rrcATIoNs 251.79 526 69020 120 1,150.00 101 6a010 220 1762 2,029.32 320 80190 220 362.67 52A 66600 210 17.36 621 64150 160 84563 SCS IIELD SERVICES PROTESSIONAL & SPECIALIZED S 23727 1,388.96 528 65600 210 1 ,588.96 I.IUI,{BER NAME 81535 84536 81538 84539 84540 44541 84512 84543 81511 84545 84546 84517 529 36714 529 68030 213 529 68030 220 1 .19 I .19 101 55300 160 526 69020 160 PAGE 6 35,624.92 150.00 2.38 328 - 78 4,214.06 92.10 316,09 12,910.75 /.3.0'l 1,555.00 1 ,241 .23 CITY OF BURLINGAI'4E!,ARRANT REGISTER 08/08/02 VENDOR DETAI Lr*r Denotes tland Lrritten Checks ACCOJNT VB GOLF LLC MI SCELLANEdJS RECREATION PROGRAI.4 EXPENSE CO}ITRACTUAL SERVICES 22006 22070 22138 22178 22203 2235a 2?407 2?479 22620 22682 22769 22821 AP 10,838.52 2,286.30 22,500.00 GUAC PAYI4ENT PROCESSI NG CE},ITER I.II SC. SUPPLIES AT&T COMMUN I CA] IONS COMI.IUN I CAT IONS ROEERTS AND ERUNE I,4I SC. SUPPLIES TJORKSAFE TECHNOLOGIES CAPITAL EOUIPI.IENT CASCADE f IRE EOUIPI.4ENT FIRE APPARATUS iIAI}II. CUTTERS EDGE I.I I SCELLANEOUS FIRE APPARATUS MAI },IT. OUENVOLDS SAFETY SIIOEI.IOBI LES UNI FORI'IS AND EOUIPMENT CqJNTY OF SAN I.IATEO COITTRACTUAL SERVICES TURF STAR EOUIPMEIIT I.iAINT. CHRIS I,i I LANO I{I SCELLAI]EC[',S GLASER AND ASSOCTATES CONTRACTUAL SERVICES 843.44 101 66100 120 150.00 101 68020 200 2300 1,214.06 rJ4 65190 800 125,91 101 65200 205 -1.30 93.40 101 23611 101 65200 203 316.09 101 68020 140 2200 12,910.75 101 65200 220 43.01 101 58020 200 2200 1,555.00 731 22533 1 ,281.2' 101 65200 220 84548 PE}IINSULA FORD OF SA}.I BRUNO SUPPLIES 22894 121,20 620 15000 121 .20 AMOUNT 843.44 125.91 21948 81537 SARTOR SAI' LiORKS EOUI PI.IEI.IT TIA I IIT. 528.78 101 66?10 120 IIU}IBER IIAI.IE CITY OF BURLINGAI,iE},4 R R A N T R E G I S T E R 08/08/02 VENDOR DETAILr*r Denotes Hand Lrritten Checks PAGE 5 A[O[,NT 70,771.56 640.00 2,185.00 90.93 800.00 198.55 9,682.71 1 ,333.00 102.69 855.00 491 ,95 5,302.50 'l ,327 ,60 116.00 84520 I4IKE BROI.IN ELECTRI C CO. CONTRACTUAL SERVI CES 81521 JASOiI G I LI.IORE CONTRACTUAL SERVICES 845?2 ROfiAN & LOI'GEE, INC. PROFESSIOIIAL & SPEC IAL I ZED S TRAINING EXPENSE 81523 FRANCOTYP. POSTAL IA, INC. CO}ITRACTUAL SERVI CES 84525 OUICK MIX CONCRETE S IOEI,/ALK REPAI R EXPENSE us26 ESA EI{VIRONi.IENTAL SCIEIICE ASSOC DEPOSIT RETUND 845?7 COUNTY OF SA TIATEO CONTRACTUAL SERVICES 8/.528 SPARTAN TOOL LLC SI.IALL TOOLS 8,/!.529 fRISCO DEL ROSARIO CONTRACTUAL SERVICES 81531 SKYflAgKS SPORTS ACADEI.{Y CO}ITRACTUAL SERVICES 81532 NEII/OR( IELECOIPUTING CAPITAL EOUIPI.4ENI 84533 EUIIICE JEA}I !]ALCHA CONIRACIUAL SERVICES ACCOtiNT 70,774.56 320 79103 220 640.00 10t 68010 220 ,t646 20a94 20926 20963 20967 21140 21160 AP 21209 AP 21329 21513 21741 21AU 21933 485 700 00 00 326 7A280 2.10 526 69020 260 90.93 101 65100 220 800.00 101 58010 220 133,1 198.55 101 66210 219 9,682.71 731 22590 1,333.00 101 65150 220 402.69 5?7 66520 130 855.00 tot 68010 220 1349 491.95 625 65213 203 5,302.50 101 68010 220 1372 416.00 101 68010 220 1617 81534 PROVIDEIICE PEST TERI.4ITE PROFESSIONAL & SPECIAL I ZED S 21947 120.00 619 64460 210 5150 120.00 4t521 RENEE RAIISEY CO}ITRACTUAL SERVICES 21136 84530 UilIVERSAL FLEET SUPPLY INC. FIRE APPARATUS I4AINT. 1,327.60 320 80420 800 CITY OF BURLINGAI,{EI'A R R A N T R E G I S T E R oat08/02 VENDOR DETAI L.*r Denotes Hand Lrritten Checks NUII1EER NAI4E 84505 81506 84507 84508 84509 84511 84512 84513 84514 84515 44516 84517 DAPPER TIRE CO., I}IC. SUPPLIES 84518 PEIIINSULA DI GI TAL IMAGING MISC. SUPPLIES MISC. SUPPLIES CALI FORIIIA PNEUI,4ATIC TOOL COl{Isc. suPPLlEs JEFF HIPPS COIITRACTUAL SERVICES CENTRAL BUSINESS EOUIPMENT OF F ICE EXPENSE CAL I TORN IA SOCIETY OF PUBLICATIONS & ADVERTISING BUR]O}I I S FIRE APPARATUS FIRE APPARATUS MAI IIT. SIGNET TESTIIIG LAES PROFESSIONAL & SPECIALIZED S NOEL SHEN CONTRACTUAL SERVICES PACIfIC GAS & ELEC]RIC PROFESSIONAL & SPECIALIZEO S RACOUET SI,II TH CONTRACTUAL SERVICES C. H. BULL COI.IPANY MI SC. SUPPLIES 914.40 493,89 320 40240 120 527 56520 120 -263.15 3,515 .81 320 23611 320 80420 800 48.61 101 66210 120 2,9a1.55 101 68010 220 1372 s68.85 101 65'100 110 25.00 101 61120 150 518.93 101 6t200 200 59.38 625 65213 203 18,269.33 320 76010 210 120.00 tot 680't0 220 1785 4,235.53 320 76010 210 6,62A.A0 101 68010 220 1782 458.50 527 66520 120 112.58 620 15000 17531 17741 17803 180'l 1 18806 19131 19367 19155 20335 20339 20159 20464 20706 PAGE 4 AMOUNT 1 ,408.29 48.61 2,981 .55 568-85 25.00 5 18,93 59.38 14,269 .33 120.00 1,235,53 6,628.80 458.50 '1 12.58 3,252.66IlICRO L'AREHOUSE (I SCELLAI,IEOUS CAPI TAt EOUIPI.IENT 84519 SPORTS CHOI CE I'I I SC. SUPPLIES 20815 773.58 101 58010 120 1787 78.5A ACCoUNT 84510 I.4IIIOLTA BUSINESS SYSTEiIS EOUI PI.IENT I.4AINT. 19366 CITY OF EURLINGAI.iEI/ARRANT REGISTER 08/oa/02 ACC0UIIT PAGE 3 AMOUNT 112.24 32.00 I ,531.1' 735.02 149.74 333.33 2.900.00 54.11 20.87 15.86 390.00 NUMBER }IAME 84490 u491 84492 a4493 84496 84497 84498 84199 84500 84501 84502 84503 LI FE ASSIST r,4l scELLAt{ECn'S SUPPLIES STERI CYCLE, I'IC. SUPPLIES CALLANDER ASSOCIATES PROFESSIONAL & SPECIAL I ZEO S OEL L. r.,!tLLERr rNC. SUPPLTES THE MAGIC PRESS CORP. OFF I CE EXPENSE I.4I SC. SUPPLIES CI.IDR. JACK VAN ETTEN BLDG. & GROUIIDS I.IAI NT. SAN MATEO LOCK !/ORKS t'{ I sc. suPPLtEs CITY OF BELI.iO},IT FIRE APPARATUS MAINT, coN 8Rosr,rAN OEPOSIT REFUNDS SYONEY I,{ALKOO SMALL TOOLS DISCOUNT SCI{OOL SUPPLY I.I I SC. SUPPLIES HUIIICIPAL HAI NTENANCE SUPPL IES KATHY DEJESUS CONTRACTUAL SERVICES VENDOR DE]AIL '*' Denotes Hand l.rritten Checks 09392 09139 2 4 101 236t ,| 101 65200 112 600.79 933.66 101 65100 110 101 65400 120 91 333 09199 84494 ALERT DoOR SERVICE, tllc. PROFESSI ONAL & SPECIALIZEO S 10059 84495 137.26 101 61200 112 112.24 320 71171 210 32.00 620 15000 485.00 619 64460 210 5110 09461 13759 11012 11643 15456 AP 16126 16460 16629 85.02 101 65100 190 149.71 101 68010 120 1111 2,900.00 731 ?2520 51.11 620 66700 130 20.87 101 68010 120 1370 15.86 620 15000 590.00 101 68010 220 1614 81501 I.IJI.{ CHE}II CAL Co}IPANY BIDG. & GROUNDS I.IAI NT. 17182 61.51 101 68010 190 ,1101 61.54 16317 16696 311,42 137 .26 485.00 333.33 101 65200 203 CI TY OF BURLINGAT.IE UA R R A II T R E G I S T E R 08t08/02 VEI'IDOR DETAI Lr*r Denotes Hsnd Lrritteh Checks NUIIBER NAI.IE u4n !'. !t. GRATNGER, tilC. SMALL TOOLS SMALL TOOLS 84478 84479 84480 84481 84482 84483 u4u 81185 ACCOUNT 402.74 1 ,101.99 101 66210 130 5?6 690?0 130 167.64 99.75 101 66?40 120 527 665?0 120 'f0,033.63 526 69020 120 19,976.23 10',t 66210 170 1,291,50 101 680'10 220 1646 217,760.84 526 69020 171 889.00 101 65100 220 980.00 528 66600 210 1,410.00 320 79102 220 81186 T II{BERLINE IREE SERVICE, INC. CONTRACTUAL SERVICES 8/,487 84488 GRANIIE ROCK COI.IPANY STREET RESURFACING EXPENSE K & LI DISCOUNT LIGHTI}TG & SUPP TI I SC. SUPPLIES I.I I SC. SUPPLIES US FILTER I.I I SC. SUPPLIES P. G. & E. GAS & ELECTRIC SAIIORA POBE CONTRACTUAL SERVICES SAN FRANCISCO I.IATER DEPT. I'ATER PURCHASES CITY OF SAN TIATEO CONIRACTUAL SERVICES SEOUOIA ANALYTICAL LABS PROFESSIONAL & SPECIALIZED S !]EST GROI,'P PAYIIENT CTR. I,I I SC. SUPPLIES BURL I }IGAI,IE REC. DEPT./PETTY CASH OTTICE EXPENSE I.I I SC. SUPPLIES UII I FORI.iS AIIO EAUIPI.4ENT COIITRACIUAL SERVICES DUES & SUBSCRIPTIONS t'I I SCELLAIIEOTJS 110 120 140 220 240 02248 02261 02645 02880 03054 01353 AP 03366 03536 03760 03910 03964 9,95 139.00 151 .55 492.00 20.00 422,52 101 680't0 101 6a010 '101 68020 101 680'10 101 68020 731 ?2543 PAGE 2 AI,4OUNT 1,504.73 183.18 567.39 10,033.63 19,976.23 1,291,50 217,760.84 889.00 1,110.00 1 ,235 .02 ?39.78 1111 1370 2200 1617 2200 239.78 101 54350 120 84189 SAFETY KLEEN CORP. iENTS & LEASES 09168 206.54 101 68020 180 2200 206.51 03175 980.00 183.48 101 66210 226 CITY OF BURLINGAME[,ARRAIIT RECISTER 08/08/02 VENDOR DETAI Lr*' Denotes Hand l,Jritten Checks ACCOUNT PAGE 1 AMOUIIT 755.10 17 ,462.57 1,49',t,74 1 .215.55 2,301.63 1 ,625.00 94.54 3,ln.86 193,203.00 IIUIIEER NAME 81166 81169 81471 44472 81173 81171 84475 ACE HARD}/ARE I.I I SC. SUPPL I ES SI.IALL TOOLS BLDG. & GROU}IDS MAINT. FIRE APPARATUS I,IAINT. }I I SC. SUPPLIES SI,IALL T@LS S}IALL TOOLS SUPPLIES 101 65400 120 101 65210 130 101 65200 190 101 65200 203 526 69020 120 526 69020 130 527 66520 130 620 15000 ACTION CLEANING SERVI CE OFF I CE EXPENSE CONTRACTUAL SERVICES COI/TRACTUAL SERVICES 185.04 11.62 396 000 065 101 64250 110 527 56.520 220 619 64460 220 51',10 01027 01030 01059 01507 01621 01617 01663 01676 021 10 2.42 10.73 373.22 76.25 24.36 11 .76 98 00 59 0 7 84168 ALAII STEEL & SUPPLY CO. 8LDG. & GROIJNDS TIAINT. BURL I IIGAI.IE AUTO SUPPLY I,4ISC. SUPPLIES SI,4ALL T@LS VEHICLE AIXT. FIRE APPARATUS I.IAI NT. SUPPLIES l0t 65200 11'1 101 65300 130 '101 65200 202 101 55200 203 620 15000 16.23 101 58020 190 2200 62.27 72.52 64.64 9.96 1 ,282.35 1,215,55 101 68010 120 1325 2.301.63 101 64530 151 1,625.00 101 10700 91.54 '101 58020 110 2200 54.34 3,125.52 101 101 193,203.00 527 66530 ?20 BURLINGAiIE CHAI.IEER OF COMI.,IERCE CI{AIIBER OF CO.II{ERCE PMT. BURLINGAI'IE RECREAT ION DEPT. RECREAT ION EXPENSES BURLINGAI,4E STATIONERS OFFI CE EXPENSE L. N. CURTIS & SONS FIRE APPARATUS MAINT. t,I I SCELLANE(xJS US FILTER OPERATING SERVICES CO}ITRACTUAL SERVICES 65200 203 65200 100 81476 E!/II,IG I RRI GAT ION PRODUCTS I.IISCELLANEOIJS 02157 88 . 70 101 .f,020 ,t92 2200 88.70 16.23 44467 81470 CITY OF BURLINGAME rsc. suPPuEs 02027 BURLINGAME BEAUTIFICATION COMMISSION SEPTEMBER 5.2002 The regularly scheduled meeting of the Beautification Commission was called to order at 5:30 p.m. by Chairperson Locke. ROLL CALL Present: Staff: Guests: Chairperson Camey, Locke, Ellis, Hesselgren, Lauder, McGowan and Webb Superintendent Richmond, Arborist Porter, and Administrative Secretary Harvey Patricia Harriman, Barbara Young, Richard Young, Evelyn Walker, and Melanie Anaston MIhIUTES - The minutes of the Augustl meeting were approved as submitted. CORRESPONDENCE Letter to David and Katherine Harris, 600 Howard, informing them that the Commission upheld their Appeal of the Denial to Remove a Monterev Pine in the back yard of their address. Correspondence relating to the Appeal of the Approval to Remove Three Black Acacia Trees at 813 Paloma Avenue. Correspondence and an Arborist Report from Mayne Tree Expert Company relating to the Appeal of the Approval to Remove 2 Black Acacias Trees and a Canarv Island Date Palm. FROM THE FLOOR There were no comments from the floor OLD BUSINESS Anneal of the Approval to Remove Three Black Acacia Trees @, 813 Paloma Avenue - Arborist Porter reported that his decision to approve the removal of the three Black Acacia trees was because the trees had varying degrees of unsound structures, were multi trunked, and that this specie is listed with the International Society of Arboriculture as having a high rate of whole tree failure due to a shallow root system. The Commission discussed location of the trees, the impact ofthe removals on adjacentproperties, weight reduction pruning and maintenance, property damage, and possible locafions arrd rpe"ies of replacement trees. Arborist Porter stated that the trees are located on the property near a utility easement at 813 Paloma; one of the trees has had a fence built around it from a neighboringproperty. Because this specie of evergreen tree is very fast growing, weight reduction pruning would need to be done every two years. The tr..r hurr. caused significant damage to the garage. The property owner has submitted plans io replace the garage. The required root cutting to replace the garage will render the trees unstable. Chairperson Locke closed the discussion and opened the hearing to comments from the public. Richard Young, 8 t 2 Fairfield, stated two other Black Acacias were recently removed by another neighbor tn the area and have yet to be replaced. He was also unaware that a.r"* gu."g" was being planneJ. He concluded that the impact will be great and the trees provide homes for all the squinels. 1 OLD BUSINESS - Anpeal of the Annroval to Remove Three Black Acacia Trees @ 813 Paloma Avenue (Contd.) - Brrb*" Y"*g."r-ented that the removal will cause a very large impacton the neighborhood; the trees provide u ,o*l barrier from the traffic; wildlife will be reduced. She added that the previous removals ihut *.r. allowed has caused the remaining trees to be a hazard. She asked why the replacement tree required for the previously approved removals had not yet been planted? Arborist porter stated that a six month extension has been granted for the planting of a 24" box size replacement tree to be planted at the 809 Paloma Avenue addriss where the previous removals occurred' Evelyn Walker, 804 Fairfiel{ commented that ifthe trees are ahazard they should be trimmed or removed but should be ieplaced wrth a specie that will become a significant size. Arborist Porter responded that the replacement tree must be ui4" bo*size "landscape" tre-e (no fruit or nut trees), but location and specie is up to the applicant. Melanie Anaston, g09 paloma Avenue, stated that they removed the 2 Black Acacias in their back yard because she was told by an independ.ni fuborirt that the Black Acacias were shallow rooted. She feared that one day the trees would falf over. She commented that she wanted to create a beautifrrl garden, with a good balance of shade and sun. She concluded that the trees she will be planfirrs 1o replace the two Black Acacias that were removed at her prope(y *ill grow to be approximately 70' tall. Chairperson Locke closed the public comment. Commissionerlauder commented that any motion approving removal would also include replacement wilh fast growing trees. Superintendent -Richmond- -advisJd that the Commission could only make recommendation as to the selection of species. Commissioner McGowan stated the current edition of the Sunset Garden Book describes Black Acacias as weed trees; best pi*t"a in open fields. The sail affect of this species inwinter time, combined with a saturated ground and the shallow rooted nature of this tree, is a hazard to properties. Commission McGowan commented that even though the ffees may be pleasing aesthetically, he did not believe the Commission should -J. * applicantleep these potentially hazardous trees on their property.. He noted that the neighbors in the area iould also piant trees on theii properties to compensate for the lost visual screen. Chairperson Locke read a paragtaph from an unrelated arborist report from Mayne Tree Expert Company in reference to "Black Acacia" trees: ,' . . . Black acacia is a poor landscape species and is not generally recommended for landscape pt*r. A neighboring town-requires removal of all acacias for a site plan to receive u Uritang p.i-rrit. Tlis species is generally noxious and invasive. In time, where there was on-e acacia, there will be several. Fast growth and poor limb structure make them, in time, ahazard." Following the discussi on, Comndssioner McGowan moved that the appeal be lenied and the permit be issueilfor the removal and replacement of rhree Black Acacia trees in the back yatd of the.above addressl seconded (webb). Moion carriedinanimously. The commission further requested that the applicant be informed that the Commission strongly recommends that the required planting of 3-24" box size replace-ent trees be planted in the back y*Jof Urt property to compensate for the lost visual screen caused by the removal of these evergreen trees' Chairperson Locke advised the appellants of appeal procedures. 2 OLD BUSIITIESS (Contd.) - Old Bavshore Boulevard Streetscape - Commissioner McGowan stated that he planned to submit a tree planting plan for the Old Bayshore Boulevard area, but the Council has now asked that there be a committee be appointed to conduct a study of the area. The City Planner had inquired if Chafuperson Locke or Commissioner McGowan would be willing to serve on tle committee. Commissioner McGowan has agreed to serve and is waiting for word ofhis appoinflnent from the Council. Commissioner McGowan concluded that he will serve as a representative of the Beautification Commission and will be looking for input from the Commission. Snrine Garden Seminar - Date & Proeram Plannine - The Spring Garden Seminar has been scheduled for March 15, 2003. Commissioner Lauder will submit the ba::ner application. The Commission discussed possibilities for speakers and will continue the discussion at the October 3d meeting. NEW BUSINESS - Nominatine Committee Reoort and Election of Commission Officers - The following slate of officers was submitted for nomination: Will McGowan Nancy Locke Jo-Ellen Ellis Chairperson V. Chairperson Corresponding S ecretary Commissioner Hesselgren movedthatthe slateof offi.cers he electedas submitteil; secondeil (Caruey). M ofion carried unanimously. REPORTS Richmond - 1) Five Elms with Dutch Elm disease will be removed by City crews and an additional seven Elms will be removed by the City's tree contractor. Commissioner McGowan asked Arborist Porter if the tree crew cleans the equipment after trimming Elm trees to prevent contamination of other Ehns. Arborist Porter responded that tools are always cleaned after a diseased Elm is removed. He also pointed out that much of the Dutch Elm Disease in the City is spread by root graft. He indicated that he would review the proper practices with his crew. 2) An Eagle Scout candidate is interested in updating the Trees of Burlingame booklet first published n 1977. Diane Condon-Wirgler of the Historical Society will be assisting. 3) Weeds were cleared on the North side of Oak Grove at Califomia Drive. There are no plans for further work in that area. 4) Presented pictures to the Commission that showed the pruning and crown reduction of the Eucalyptus trees on Burlingame Avenue; similar technique is being conducted on the El Camino Real trees by CalTrans contractors. Superintendent Richmond thanked Commissioner Locke for her past service as Chairperson. Locke - Chairperson Locke reported that the Council has appointed a committee to study improvements from Rollins Road, North; the first meeting on September 10'h will be to discuss existing conditions. Information can be found on the City's website. Ellis - The trees in the oleander hedge on East Lane (east of the CalTrain tracks) look dead. Commissioner Ellis asked when the shoreline cleanup had been scheduled. Superintendent Richmond stated that he believed it would be September 14ft, the same day as the Burlingame Art &, JazzFestival. 3 REPORTS Ellis - (Contd.) Commissioner Ellis reported that some newspapers ile putting advertising stickers on the modular racks and the modular racks are starting to look bad. Commissioner Ellis was advised to report her concem to the Public Works Department who now oversees newsracks in the City of Burlingame. Hesselsren - Commissioner Hesselgren stated that to date, only 7 of 1.5 trees have been planted at the remodeled Porsche, Audi site on the comer of Carolan and Broadway. Arborist Porter stated he would review the plans and report back to the Commission at the next meeting. Lauder - Commissioner Lauder reported that weeding has been done on the 101 Broadway triangle. Chairperson Locke added that because of their frustration and extreme disappointment with CalTrans, she and Commissioner Lauder have decided to look into applying for the Adopt-A-Highway program; this would be on an individual basis. Chairperson Locke noted that after all the focused attention for the last two years given by Commission to the 101 Broadway triangle, CalTrans has made little improvement in the area. Chairperson Locke invited anyone else from the Commission wishing to join them in the Adopt- A-Highway would be welcome. Carney - Commissioner Camey noted that the area South of Oak Grove on California Drive looks better, but the fence is too low. There being no further business, Chairperson Locke adjoumed the meeting at 7:15 p.m. Respectfrrlly submitted, Recording Secretary 4 M The City of Burlingame CITY HALL - 5O1 PRIMROSE ROAD cALtFORNtA 9401G3997 www,burlingame.org TRAFFIC, SAFEW AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2002 Commissioners Present: Jim Evans, Vice Chair Russ Cohen Lisa De Angelis Commissioners Absent: Jim Mclver David Mayer StaffPresent: StaffAbsent: Visitors: Frank Erbacher, Assistant Public Works Director Augustine Chou, Traffic Engineer, Public Works Doris Mortensen, Administrative Secretary, Public Works Dawn Cutler, Traffic Sergeant, Police Departrnent None Marika Metcalfe, 401 Occidental Avenue, Burlingame Rich Peterson, 340 Occidental Avenue, Burlingame Scott Mason, 3 44 Occidental Avenue, Burlingame Terri Malaspina, l512 Chapin Avenue, Burlingame David Zinman,1400 Carlos Avenue, Burlingarne Ken Pearce, 1801 Murchison Avenue, Burlingame l. CALL TO ORDER. 7:00 p.m. by Vice Chair Evans. 2. PLEDGE OF ALLEGIANCE TO THE FI-A,G. 3. ROLL CALL. 3 of 5 Commissioners present. 4. CT]RRENT BUSINESS. 4.1 ACTION ITEMS. 4.1.1 Approval of Minutes for August 8, 2002 The minutes were submitted and approved with one corection of ltem 4.2.1, frst paragraph: replace the last sentence with 'Chair Mclver suggested meeting first with the C-1 and C-3 areas (including Burlingame Plaza) during 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. 4.2.1 Millbrae BART Station - Parking Impacts on City streets - Possible Parking Restrictions - Commercial Area west of Califomia Drive to Burlingame Plaza Area Comm. Cohen explained that the Commission is looking for input from the commercial area so that the city ctul proactively address potential parking problems posed by BART parking in this area. From the floor, Mr. Pearce already has his private property posted and suggested parking permits if BART causes a problem. Mr. Chou advised that he received two resporses: a business at 1860 El Camino Real supports a two-hour parkhg 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 Occidentzl Avenue - Speed Zone Change and Stop Sign Request - Letter Mr. Chou advised that after looking at speed limits on other streets, staff is comfortable with consideration of reduction of the speed to 25 mph on Occidental Avenue. Sgt. Cutler advised she had spoken with two Traffic Cornmissioners - one might have a problem with it, the other would Page 2 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2OO2 4.2 DISCUS$ON ITEMS. The City of Budingame TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2OO2 not as long as it was a legal Engineering traffic study and 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 staff would look at making it 30 mph, they will look at other factors to justiff the 25 mph as part of the sody. 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. Metcalfe stated exiting her driveway is very difhcult with speeding traffic going by. She recormnends stop signs and 25 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 in the htJ '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 commission recommends stop signs to Council, staffwould disagree. Vice Chair Evans supports lowering the speed to 25 mph as a first step and using interxive potice enforcement to see what effect it would have on the traffic, as well as installing enlarged speed limit signs. Sgt. Cutler advised that the speed would be radar-enforced as a result of the speed survey. It was moved and seconded (comms. 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 EI Camino Real and Barroilhet Avenue with increased police enforcement and to install enlarged speed limit signs and rwo speed Enforced by Radar signs, one each way, and to include this site in the Police Deparfiient's Selective Enforcement Report. Unanimously approved by the Commission. Mr. Mason asked that the intersection be marked with 25 mph in the pavement as well. Mr. Erbacher state{that speed markings on pavement are usually not done due to maintenance costs; instead, the City will install raised centerline markers near the Floribunda intersection and the Chapin intersection to encourage reduced speed. 4.2.3 loint Council-Commission Meeting - 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 meetings; and list of RTCP requests awaiting funding. vice chair Evans will be absent from this meeting. 4.2.4 Request 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. AIso, the problem of sight distance is a Hillsborough issue. The CW of Bu,lingane Pags 3 6 7 TRAFFIC, SAFEW AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2002 4.2.5 Request for Height Limit Parking at 1864 Rollins Road Mr. Erbacher will send a letter to the petitioner advising that the business whose trucks were parking there are now gone so the problem has been eliminated. 5. ACKNOWLEDGMENT OF NEW ITEMS. 5. 1 Request for Speed Bump on Hillside Drive at Carlos Avenue Mr. Chou state.d that speed studies show critical speed is high with the 85%-ile at 37 mph. From the floor, Mr. Zinman stated there is no speed control near this site and since it's a shaight-away, cars race down the hill; so he is requesting a speed bump to slow the traffic, especially since there is a speed bump farther up in the county area of Hillside Drive. Vice Chair Evans stated that there are no speed bumps within the city limits since the City does not favor them. This will be a discussion item next month as a request to review speed concems. FROM THE FLOOR. INFORMATION ITEMS. 7.1.1 Traffic Engineer's Report Mr. Chou advised that the traffic signal work at California Drive and Carmelita Avenue at California Drive and Carmelita Avenue and the pedestrian signal at Morrell Avenue is in progress. The controllers were being tested and they are now ready for installation on September 196 and will be on-line on September 246. After being on red flash for two days, the signals will be operational and will be fine-tuned for synchronization. Sgt. Cufler advised that the police will be present to monitor the traffic. Also, there are plans to install illuminated crosswalks on California Drive at Iorton Avenue with a pedestrian-activated signal. 7. 1.2 Staff Action I-og - Attached. 7.1.3 Burlingame Parking Snrdy Mr. Chou advised that he met with the consultant to discuss zubmittal of a Scope of Work to include the second phase of this study which will be on the feasibility of further parking meter increases and to redo the parking study showing a comparison of results to the original study. The study, to start in October, will be presented to this Commission for review. Vice Chair Evans suggested that the public attend to provide their input. Comm. Cohen confirmed that part of the study will be a review of behavioral changes since the free lots were opened. 7.1 From Staff to Commission The City of Budi,]gdt,€Page 4 TRAFFIC, SAFETY AND PARKING GOMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2OO2 7.2 From Commission to Staff 7.2. I Reports of citizen complaints or requests Comm. Cohen reported that when turning right on Broadway from Iaguna Avenue, northbound, the new bulbout seems excessive and cars must cross over the centerline to complete the turn. Mr. Erbacher stated he will advise the streetscape project manager. 7 .2.2 Comments and communication - None. 7.2.3 Expected absences of Commissioners at the Thursday, October 10,2W2 meeting Comm. DeAngelis and Sgt. Cutler will be absent for this meeting. 8. INACTIVE ITEMS. 8. I Request for traffic control on Dwight Road Mr. Erbacher advised that the bid is $51,300 for this project. The Gas Tax Fund will pay for curb and gutter and median work, and the General Fund will pay for construction of the four walls. This is the first traffic calrning project in Burlingame. 8.2 Petition from Bayswater & Howard residents requesting a traffrc study of area to determine if trafhc-calrning measures warranted This item is on hold for the Traffic Calming Program. Cornrn. De Angelis suggested noticing the petitioners of the lack of funds for the RTCP. Mr. Erbacher advised that he will notice the petitioners after Council reviews available funding status. Sgtr. Cutler submitted the Seleaive Enforcement Report which shows 19 citations issued. This item is on hold for the TrafEc Calming Program. Cornm. De Angelis suggested noticing these petitioners also of the lack of funds for the RTCP. Mr. Erbacher advised that he will notice the petitioners after Council reviews available funding status. 8.4 Request for speed limit and auck weight limit enforcement, a traffic sigaal on Trousdale Drive at Skyline Boulevard, STOP sign on Trousdale Drive at I,oyola Drive and STOP sign on Trousdale at Quesada Way. Results of Traffic Data Gathering - Speed limits Sgt. Cutler submitted the Selective Enforcement Report which shows 36 citations issued, 14 were for speed violation. The CW of Bufingame Page 5 8.3 1007 Chula Vista Avenue - Letter requesting Speed Limit Signage for Traffic-Catning effect to constrain speeding drivers TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, September 12, 2002 8.5 Howard Avenue - Speed and Trucks (e-mail) This item is on hold for the Traffic Calming Program. Comm. De Angelis also suggested noticing these petitioners of the lack of funds for the RTCP. Mr. Erbacher advised that he will notice the petitioners after Council reviews available funding status. 8.6 1300 Block of Vancouver Avenue - Speed Concerns (petition) This item is on hold for the Traffic Calming Program. Comm. De Angelis suggested noticing the petitioners of the lack of funds for the RTCP. Mr. Erbacher advised that he will notice the petitioners after Council reviews available funding status. 9. AGENDIZE FOR THE NEXT MEETING. 4.1.2 Discussion Item 4.2.1 Discussion Item 5.1 Discussion Item 10. ADJOURNMENT. 8:40 p.m. The City of Budingame Page 6 MEETING MII{UTES Burlingame Parlis & Recreation Commission Thursday, September 19, 2002 The regular meeting of the Bwlingame Parks & Recreation Commission was called to order by Chairman Ed Larios at7:02 p.m. in Conference Room "A" at Burlingame City Hall. ROLL CALL Commissioners Present:Dithnan, Heathcote, Kahn, Larios, Lawson, Mnderman, Muller; Youth Commissioner Warden Commissioners Absent: StaffPresent: Others Present: Erickson Parks & Recreation Director Schrvartz None MINUTES Minutes of the July 18, 2002 reg:iar meeting of the Commission were approved as submitted. OLD BUSINESS A Cqmmunitv Center & Temporarv Teen Center Update Director Schwartz updated the conunissioners on the progress of the Temporary Teen Center. At the Septernber rc.ZOAZ meeting, the City Council directed staffto enter into negotiations to lease theproperty at783 Califomia Drive. Chairman Larios talked about the program uses of the facility. -schwartz stated that negotiations will be held within the next week and will be presentedto the City Council in October. Schwartz explained funding options for the facility, involving subleasing a portion of the facitity to a private vendor, leasing the Depot, reallocating Capital Improvemeni funds or increasing fees. Commission Muller cautioned against increasing fees, pointing out the fine line of charging for services already paid for through their taxes. Commissioner Heathcote noted that a newspaper article cited a Council member as referring to the ptarured long-term facility as a Teen Center rather than a Community Center. B. Youth Advisorv Committee fYAC) Report Youth Advisory Commissioner Warden reporled: (l) the YAC will conduct a dance on Septeinber 20e, (2) the YAC has held their first meeting of the school year and Lauren Harber was elected President for a second term, (3) a teen concert will be held in Washington Park. on Saturday, September 28e and (4) youth in Governrnent Day will be held on October 21't. Director Schwartz said that infonnation about the second Parks & Recreation Youth Commissioner rvill be rnade available at Youth in Govemrnent Day and applications wili be brought to the November meeting. 9 Senior Resourees Handbook Comraissioner Dittman presented a sample of the neu, fonnat she has developed for the handbook. Commissioner Kahn discussed the distribution points. Dittrnan reported that the handbook should be ready for copying b5r the october meeting. ( Parks & Recreation Commission Thursday, September 19, 2AO2 - prge 2 PUBLIC COMMENTS There were no comfilents from the pubtc. NEW BUSINESS A. Commissioners Muller and Dithnan told staffthat many individuals have been either on the flreld or on the inside lanes of the track at Burlingame High School during adult soccer games. Their concem is for the safety of the individuals who are either watching the soccer [u-.r or participating in unscheduled track practices. Staff stated that the game offrcials should 6e moving these individuals and that staff should be notified of repeat occrrrrences. If this continues,-those individuals will be asked to observe from the stands, practice their track in a safer area or leave the facility. REPORTS A. Citv's Financial tatus - Director Schwartz presented a Por'r'erpoint presentation outlining the Ciry's 2001 -02 financial suuunary, reductions made to the budget, current financial status, a four-Pronged budget strategy being implernented City-wide. In response to questions, Schwartz also stated that, at this time,no programs will be cut for budgetary reasons. Staff wilL also continue to service programs for teens and senior citizens. look for new programs, especiallY hurnan Parks and Recreation Division Report In addition to the uttuch"d report, Schwartz read portions of a letter from the Cit-v Manager to Mr. and Mrs. Uaritr of 1569 Newlands Avenue. The letter states that the parks and Recreation Commission will review the matter of the Avon Walk fundraiser using Pershing Park as a rest area and will develop a recommendation for the City Councit. Schwartz indicated that the event organizers will probably approach the City in early Spring for a permit and the item will be placed on the Commission's agenda at that time. B. C Commissioners 1. Co*"*sioner Kahn said that she recently took the Itatian class at the Recreation Center and that the instructor was fabulous. Z. Commissioner Dittman requested the area surrounding the Washington Park playground equipment be washed down. 3. -Ct uir*uo faiios commented that the grass at the Dog Park is not in good condition. Schwartz responded that staff has checked '*.ith many other cities that have dog parks and none have been successful in growing or maintaining grass. 4. Kahn stated that the pathrvay to, and the area around, the restroorn at Bayside park Field #l arc verydark. Staff will check to rnake sure that the lighting system works and the timer is properly set. 5 Larios mentioned that two seats on the Comrnission expire in October. The trvo commissioners, Lawson and Erickson, will be contacted by the City Manager's office and wi1lbe invited to an interview with two CrS Council members, if they are interested in staying on the Cornmission. Parks & Recreation Commission Thursday, September 19,20A2 - page 3 D. Recreation Division Revenue Report - See attached. NEXT MEETING The next regular meeting of the Parks & Recreation Commission will be held on Thursday, October 17,2002 at 7:00 p.m. at City Hall. There being no further business to come before the Commission, the meeting was adjoumed at 8:40 p.m. Respectfully submitted, Randy Schwartz Director of Parks & Recreation City of Burlingame - Parks & Recreation Dept. 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7300 ' fax: (650) 696-7216 recreation@burlingame. or g MEMORANDUM Date: Septernber 12,2002 To: Parks & Recreation Commissioners City Council From: Director ofParks & Recreation Re: Monthly Report Parks Division tt .twarded 2002-'03 Tree Pruning Contract (Timbedine Tree Service was the low bidde$. Z) Dutch EIm Disease - City Tree Crew has removed five infected ehn trees. There will be additional removals in the coming year. 3) Ballfietd Maintenance Seminar - Two Parks Division e.urployees attended in Haytvard. 4) q/a5hington Park grass infield aerated and treated with Turface to improve water penetation. 5) Ilosted San Mateo Counfy Employees two day softbatl tournament at Bayside Parli, August 17, 18. 6) Soccer fields lined for season opetrers. Recreation Division 1) Teeus - First overnight camping trip includedzz parncrpants. 54 teens participated in the last two weeks of Adventure Seekers, including 27 for an overnight held at Washington Park. 2) Youth - Summer Basketball fini shed with 34 1 participants and a pool party for players and coaches. Summer Recreation Camps concluded with 371 in Young Explorers, 312 nDiscovery Days. Hosted ASA Girls 14U "A" Fastpitch Regional Championships in July - bringing hotel and lour"ism reverute to Burlingame from the 12 teams and theirfamilies. 3) Seniors - Trips included the San Francisco Giants and the Berkley Secret Garden with 30 each rip. Emeritus Lectures hosted 20 for a lecture on sleep and25 for hypnosis. 4) Sports Camps - The new MLS Soccer Camp drew 130 children. Skyhaw-ks programs (soccer, mini- hawks & jr. soccer) increased 42o/o (120 children) over last sunmer. 5) Aquatics - Participation in aquatics prograum increased 221 (+17.9o7r) &om last sumurer. New programs included Adult Stroke Clinic and Family Dive-in Movie. In satisfaction surveys from swirn lesson, 95% of customers rated us as good or better. 6) Adult Sports - 35+ Drop-in Soccer averages 45-6A participants each week. 7) Preschool - Pre-registration for the school year took place in July with all classes filling in the first evening of registration. Waiting lists rvill be used to filI any vacancies that occur. S) grrmmarf 16p grrmmer Quarter - Total summer session enrolhnents: 8,1 I 1 (+512 or 6.8% from 7,596 enrolhnents in $unmer, 2001) LTpcoming activities: Con:munity Golf Tourna:nent - September 27 City Opeu House - October 5 Youth in Govemment Dav - October 21 Holiday Tree Lighting - December 6 Holiday Faire - Decernber 7 CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA September 23,2002 7:00 P.M. Council Chambers I. CALL TO ORDER Chair Keighran called the September 23, 2002, regular meeting of the Planning Commission to order at7:04 p.m. il. ROLL CALL Present: Commissioners Auran, Boju6s, Brownrigg, Keighran, Keele, Osterling and Vistica Absent: Commissioners: None Staff Present: City Planner, Margaret Monroe; Planner, Erika Lewit; City Attomey, Larry Anderson; City Engineer, Phil Monoghan III.. MINUTES Chair Keighrran asked if there were any changes to the unappro.,,od minutes. Commissioner noted changes to Item 8,1537 Drake Avenue: page 8 vice Chair Bojuds chaired the meeting,first line second paragraph;page9, second paragraph, line 13 delete " ' and insert')ersr because a project does not require a variance does not meanwe suspend judgment as planners "; and s:rme paragraph line 10 add following "on three lots... or a modest house on the third. There were no other changes proposed. The minutes were approved as amended. IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR Don Corey, 833 Alpine, there is a problem with the Public Address system, cannot hear some Commissioners; came to complain about the house you approved next door to a properfy I own at728-730 Laurel, this is a 3800 SF, two story house, size is out of place in the neighborhood, was not noticed of project; had to give up one foot of my property so that the developer could have a 10 foot wide driveway; should be as concerned about big duplexes as you are about monster houses on the west side. Dan Anderson, 728 vemon, congratulate the commission on its diligent work on Safeway, disappointed in Safeway they are not looking at Burlingame as unique; want a building that fits Burlingame. There were no further comments from the floor. VI. STUDY ITEMS 380 LANG ROAD - ZONED O.M. APPLICATION FOR A SIGN VARTANCE FOR SIGN AREA AND HEIGHT ON A SECONDARY FRONTAGE (DANIELA PANEBIANCO, APPLICANT; ELZABETH HAMMACK.) PROJECT PLANNER:O'ROURKE I cP Monroe presented a summary of the staff report. Commissioners asked:o Provide data on signs on surrounding properties, height and size;o Provide information on the height of the letters on both proposed signs; City of Burlingame Planning Commission Unapproved Minutes September 23, 2002 o Would there still be a sign variance if the primary frontage of the site were that side facing US 101; . Why is the sign so large, with so much information on it (web site, phone number), appears like a billboard, could be lloh to l5Yo smaller and still be visible from the freeway; o Does the commission have the authority to change the primary frontage designation; and o How large is the Scuba Lessons sign? Does it meet our signage requirements now? Since there were no further comments Chair Keighran set this item on the regular action calendarwhen all the questions had been addressed and staffhas had a chance to review them and prepare a staffreport. This item concluded at7:17 p.m. 2.301 ATRPORT BOULEVARD/3s0 BEACH ROAD - ZONED C-4 - (GLENBOROUGH PARTNERS, APPLICANT AND PROPERTY OWNER) APPLICATION FOR A LOT LINE ADruSTMENT TO CREATE A SEPARATE I8,OOO SF PARCEL AT 350 BEACH ROAD. PROJECT ENGINEER: VICTOR VOONG APPLICATION FOR REZONING FROM C-4 TI, J-M FOR THE I8,OOO SF PARCEL AT 350 BEACH ROAD PROJECT PLANNER: MAUREEN BROOKS CP Monroe presented a summary of the staff report. Commissioners asked: o Will the rezoning proposed still allow a daycare center on the 350 Beach Road site; o Is the parking requirement different for a daycare center in C-4 as opposed to O-M; and o Is this proposal spot zoning. Since there were no further comments, Chair Keighran set this item for the regular action calendar by the Planning Commission when all the information has been submitted . This item concluded at 7:23 p.m. YII. ACTION ITEMS Consent Calendar - Itums on the consent calendar qre considered to be routine. Thqt are acted on simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. _ There were no items on the consent calendar. YI[. REGULAR ACTION ITEM DETERMINATION ON WHETHER PERSONAL SERVICES QUALIFY AS RETAIL SALES AT HEALTH AND BEAUTY SPAS (KAREN SCHEIKOWITZ, APPLICANT;LOEZ AND LOUISA KAO, PROPERTY OWNERS) PROJECT PLANNER: MEG MONROE Reference staff report September 23,2002, with attachments. CP Monroe presented the report, reviewed criteria and staff comments. Commissioners questions: have any conditional use permits for Health and Beauty Spas been requested? CP noted none. What was the recommendation regarding class size when this was reviewed before? CP noted that the code defines classes associated with a retail use as three or more people, such classes require a conditional use permit in Subarea A; the purpose of a conditional use permit is so that the class use can be carefully regulated to have the least impact on parking in the area. A. B. 3. 2 City of Burlingame Planning Commission Unapproved Minutes Septanber 23, 2002 Chair Keighran opened the public hearing. Jay and Karen Scheikowitz, spoke in support of the change, noting she provides a community service, had the impression that the Planning Commission indicated that when they stayed the code enforcement for 6 months that you would find a way for this fitness use to stay and still not allow a gymnasium use at this location. Did not understand that one-on-one and one on two training was excluded from inclusion in retail sales for calculating the gross revenue from this use for compliance with current definition; now know that basement level will not support 25%o of gross from retail sales; this is not a sweaty gym, customers do not stay all day, they do not come without appointments; have been at this location for4 years would like to have closure; 95o/oof clients live in Burlingame,S}%owalk or take the train; business is active before 1 0 a.m. and after 6 p.*.; we are prepared to eliminate group training , room is small and maximum number we can have in a group is 6 anyway, groups just make activity affordable to more people. Commissioners asked: when I visited the site there was a client there exercising by themselves, how often does that occur; about one-half of one percent ofthe customers work out by themselves. What percentage of your gross is sale of hard equipment and apparel; less than 2o/o,people do not want to spend $ 1500 to $ 1800 for equipment. Is all the instruction done by appointment; ,in 55 minute lnstruction hours. Are there more than 3 people on site at one time; yes average 2 instructors with three clients, after 6 p.m. average three instructors and 5 clients ; between I I a.m. and 6 p.m. hardly any people, so quiet don't have a receptionist. There were no further comments or questions from the floor and the public hearing was closed. Commissioner comment: sounds as if this decision revolves around semantics and understanding what constitutes a class; like to see business thrive, change definition so that just one-on-one and one on two which can be a personal service, can't seem to make retail sales work; could count one-on-one and one on two personal service as part of the required 25o/o retail sales activity; have a predicament crafting code in terms to accommodate continuation of a given business, present code is clear to operate at this location need 25o/o of gtoss revenue from taxable retail sales, to create an exception is contrary to expressed terms of the city code. Does other businesses have 25%6 retail sales requirement; CP Monroe, yes Graphic Arts and Design Retail Business, where the retail was required to differentiate these businesses from an office use and allow in the "pedestrian oriented" Subarea B. Can applicant buy parking, as a retail business this business is nonconforming in parking (replaces a previous retail business) so is not required to provide parking on-site. Processing choices? CA noted can determine personal service activity equals retail ta:<able sales; amend the code to drop the 25o/o retail sales requirement; change codei in some way se thatT 5o/oof the activity on site is retail sales and personal service (one-on-one and one on two); or limit to one-on-one and one on two and address group activity separately. Commission discussion continued: could it be regulated based on headcount? Applicant said that goup haining was not needed, if they do not have more than one or two people per trainer it will reduce the parking problem and75%o of the business could be retail sales and personal service; could change the definition of Health and Beauty Spa to a personal service use. There are no basements in the Broadway Commercial area so where is this use allowed now; CP noted in Broadway is allowed on the first and second floors. If eliminate groups will cut a lot of people off from access to this activity, could goup activity be limited to l0o/o of gross; how would group size be monitored; difficult to monitor and there is a parking issue in this area. C. Boju6s moved to direct staff to modiff the code definition of Health and Beauty Spa as a personal service use with a maximum of two customers per personal trainer, that the personal service would be included with retail sales, and that there would be no goup instruction allowed with the use. The motion was seconded by Chair Keighran. 3 4. City of Burlingame Planning Commission Unapproved Minutes Septernber 23, 2002 CA noted that staff would redraft the ordinance and bring it back to the commission, at which time there could be more discussion. Chair Keighran called for a voice vote on the motion to direct staff to revise the code definition of Health and Beauty Spa to call it a personal service with no group instruction allowed. The motion passed on a 7-0 voice vote. This item concluded at 8:55 p.m. IX. DESIGN REVIEW STUDY ITEMS 1537 DRAKE AVENUE ZONED R-I _ APPLICATION FOR MITIGATED NEGATryE DECLARATION, CONDITIONAL USE PERMIT FOR RE-EMERGENCE OF THREE PARCELS, SPECIAL PERMIT FOR ONE ATTACHED GARAGE AND DESIGN REVMW TO CONSTRUCT TWO NEW TWO-STORY SINGLE FAMILY DWELLINGS, (OTTO MILLE& APPLICANT AND PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., INC., DESIGNER) (60 NOTICED) PROJECT PLANNER: ERIKA LEWIT (CONTINUED FROM SEPTEMBER 9. 2OO2\ Chair Keighran noted that there were several letters regarding this project that were before the Commissioners as desk items. She also noted that she lives within 500 feet of the proposed project site and recused herself from this deliberation. She stepped down from the dais. Vice-Chair Boju6s took the gavel. Planner Lewit briefly presented the project description, noting this was continued design review study item. Commission asked staff: can applicant provide a table to show FAR relative to lot size, particularly for the larger houses on the block, such as 1540 Drake; wasn't this project already referred to a design review consultant; did the applicant provide all of the information that the Commission requested at the September 9, 2002 meeting? Staffresponded that the requested table would be included in the next staff report; the previous application for three houses went to a single meeting with a design review consultant and then the application was withdrawn; and the applicant has provided all of the requested information and it is included in the staff report. Vice-Chair Bojues opened the public comment. Mark Hudak, 216ParkRoad, was present to address the Commission on behalf of the owner. He made the following points about the project: the mitigated negative declaration prepared by staff indicates that there are not any significant environmental impacts involved with the proposed project; the information gathered by the applicant from DataQuick for the houses in the neighborhood tlpically does not include the floor area for garages, where this floor area is included in calculations made by the City; an overhead projection sheet was submitted to show that there are approximately 6 houses in the immediate neighborhood that, when the floor area is adjusted for garage space, match or exceed the floor area and the number of bedrooms for the two proposed houses; and feel that if the Commission's concerns are with the size of the house and not with the designs, then referring this project to a design review consultant is not appropriate. Dave Taylor,1566 Drake Avenue; Janice Ochse, 1512 Drake; Chris McCrum, 1540 Drake; Ann Thomas, 1520 Drake; Janet Garcia, 1561 Drake; Bob Bear, 1510 Drake; Steve Fong, 1001 Cabrillo Avenue spoke concerning this project: why has Chair Keighran recused herself from voting on the project; all ofthe larger houses shown in the information submitted by the applicant are on larger lots, not on 6000 SF lots like the proposed houses; I 5 09 Drake appears to have many non-conforming structures and elements on the property and should not be used as an example for other houses being built in the neighborhood; feel the mitigated negative declaration does not adequately address the parking impacts to the street because of the additional curb cuts and causing a loss of street parking; mitigated negative declaration seems inconsistent regarding 4 City of Burlingame Planning Commission Unapproved Minutes September 23, 2002 the protection of the Redwood trees and the proposed mitigation measures are not strong enough; iftwo lots and two houses were proposed instead of three, there would be a better fit with the fabric of the neighborhood; current proposal is a step backward because now the neighbors will have to deal with t'wo stages of construction, one construction period for the two houses proposed now and another construction period when the third lot is developed; many of the issues raised by the design review consultant for the original proposal of three.houses were never addressedbythe applicant; feel the currentproposal should also be referred to a consultant and should include a house on the third lot; the two proposed homes are not consistent with the masses of the existing homes in the neighborhood; the new plumbing for the homes will create an added burden on the problematic sewer system in the neighborhood, Mills Creek is presently contaminated due to sewer back-ups on Bernal Avenue; neighbors are willing to pay for independent studies ofthe sewer and Redwood trees to insure that unbiased and accurate information is obtained; this is amulti- unit development that is threatening the character of Burlingame; three new houses built to the maximum FAR allowed does not fit into the fabric of the neighborhood; and multi-unit developments should be held to a higher standard because of the impact they have on a neighborhood. CA Anderson noteC that Chalr Keighran's decision to recuse herself from deliberations and voting on the project was the result of regulations in the Fair Political Practices Act, City staff supports her decision, and members of the audience should contact the Fair Political Practices Commission if they have additional questions. There were no other comments from the floor and the public hearing was closed. Commission discussion: the Commission has a duty to protect the character of the town, but must balance this with progress, with the protection of private property rights, with providing viable housing stock in the community; legally there are three build-able lots in the proposal and it is not realistic to think that only two houses will be built; concerns expressed that the tree protection measures are not strong enough, think neighbors' idea to retain an independent arborist to study the Redwood trees and an engineer to study the sewer issue is a good one; would like record to show that there are 20 plus citizens of Burlingame in the audience this evening to provide input about the two multi-unit developments proposedbyMr. Otto Miller at 1537 Drake and 1036 Cabrillo Avenues; the applicant has provided the required information and feel that the Commission has the tools to make a decision, would support taking this item to an action hearing; concem with referring this project to design review consultant when Lot 11 has a "stealth" home on it; how will consultant be able to look at the project as a whole without the third home; the Commission is working with a certain set of ruics i.o govern development and the applicant has complied with those rules, the proposed houses do not require any exceptions to the code; do not feel this property owner should be subject to different rules from surrounding owners, any ofwhom could choose to build their properfy to the maximum allowable FAR at any time in the future; feel that the environmental document adequately addresses the sewer and tree issues; have discussed with the City Engineer the impact of the proposed houses on the sewer system and it is the Engineer's professional opinion that the impact will be negligible; Burlingame is an evolving town, new houses and additions to existing houses are a part of the fabric of the town and its history; and we must judge the current application by the rules and regulations in place at this time, the current application meets all the regulations. Continued Commission discussion resulted in the following concerns about the design of the project: . believe that houses in current proposal are simply too big to be supported by the neighborhood; o the proposed houses should reflect the existing sizes exhibited in the neighborhood so that theywill into the neighborhood; o designer should consider mix of FARs, architectural styles, garage pattern, and setbacks for the proposed houses; 5 City of Burlingame Planning Commission (Jnapproved Minutes September 23, 2002 o do not believe the neighborhood can support three homes built to the maximum allowable FAR;o review by design consultant should assume the development of a third house on Lot 11;o mass and bulk are just as important as the maximum FAR; ando the issues for design review consultant are not to tweak the architectural elements, but to reduce the size of the houses and to provide variety in design. C. Vistica made a motion to send this project to a design reviewer with the comments made. This motion was seconded by C. Keele. Chair Keighran called for a voice vote on the motion to refer the project to a design review consultant. The motion passed on a voice vote 4-2-l (Cers. Auran and Osterling dissenting, Chair Keighran abstaining). The Planning Commission's action is advisory and not appealable. This item concluded at9:27 p.m. Chair Keighran returned to the dais and called for a five-minute recess at9:27 p.m. Recess ended at9:37 p.m. 1036 CABRILLO AVENUE _ ZONED R.l - APPLICATION FOR DESIGN REVIEW FOR A NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACIIED GARAGEAND FRONT SEBTACK VARIANCE (OTTO MILLER, APPLICANT; EUGENE AND MAUREEN SUPANICH, PROPERTY OWNERS; JAMES CHU, CHU DESIGN & ENGR., NC., DESIGNER) (65 NOTICED) PROJECT PLANNER: SEANO (CONTINUED FROM SEPTEMBER 9. Planner Lewit brieflypresented the project description. Commission asked of staff: has the City Engineer reviewed the soils report; what is the significance of the 7 foot mark above the creek; is the existing retaining wall sufficient for bank protection? Staff noted that these items would be addressed by staff or by the applicant in the next staff report. Chair Keighran opened the public comment. Mark Hudak, 216ParkRoad, representing the owner, and James Chu, designer, were present to answer questions. Mr. Hudak noted that the variance for the front setback for the porch was mentioned as a possible solution by some members of the Commission at the last hearing to provide interest at the front elevation, the porch can be removed, but a variance maybe justified on the lot bythe presence of the creek; designerhas made several design changes in an effort to connect the house better with the creek setting; and the method of construction will include a pier and grade foundation, which is preferred for minimal impact to the creek. Commission noted that Sheet A.4 shows cross-hatching that is not labeled and Sheet A.3 does not have cross-hatching for the deck located off the breakfast nook. Mr. Chu replied that these items would be revised in the next set of plans. Commission asked for further clarification regarding the ownership of the property. Mr. Hudak responded that presently the properties at 1032 and 1036 Cabrillo Avenue are owned by Eugene and Maureen Supanich, that Otto Miller has a lease on both properties with an option to buy, and that this option expires in 2003. Mr. Miller is currently subleasing the existing house at 1032 Cabrillo Avenue to a tenant that has expressed an interest in buying the property. It is not know whether the tenant, if he purchased the property, would keep the existing house. Sandra Yee, 1800 Carmelita Avenue; Vitus Viskanta, 1704 Sanchez Avenue; Dan Griffen, 1015 Cabrillo Avenue; Steve Fong, 1001 Cabrillo, Dave Taylor, 1566 Drake Avenue, and Garret Smith, neighbor, spoke with concerns about the project: do not believe that the owner has any intention of keeping the existing house, the result will be a multi-unit project, like the development at 1537 Drake Avenue, but staggered over time; have concerns with traffic on the street and the protection of the Redwood trees along the creek; the 6 City af Burlingame Planning Commission Unapproved Minutes September 23, 2002 proposed house does not fit into the neighborhood, the style only matches the existing corner house at 1032 Cabrillo, which may not be there in 5 years; the rest of the neighborhood is Craftsman in character with smaller-scale homes, the proposed house would stick out like a sore thumb; the proposed house size does not fit the creek lot, it is crammed off to one side of the lot and not integrated with the creek; the lot is 12,000 SF but because of the creek only about 6000 SF is build-able; and the foundation of house will be close to Redwoods, which have shallow roots, and an arborist report should be required to ensure that the health of the trees is maintained during and after construction. There were no other comments from the floor and the public hearing was closed. Commission discussion identified the following concerns about the project: o this creek lot is unique and the proposed house does not take advantage of the natural setting; . a split level floor plan, a wrap-around porch, and other design options are available to connect the house to the creek setting and make the house less massive and to reduce the impact of the house on the street; o there is an upstairs deck proposed on the house that looks out on a telephone pole, where it could be re-located to the other side to have a view of the Redwoods; . concern over the front setback variance, this a large lot and house is starting from scratch, where is the justification for a variance; o the porch should be retained, but look into decreasing the length of the house to eliminate the front setback variance and also keep a sizeable backyard; . feel the site supports a house of the proposed size, but as currently designed the house is too massive and bulky; o concern with the impact of the construction on the Redwood trees and the creek; o designer should look into shifting the center of gravity of the house to the South and reducing the left elevation so that there will be less visual impact if the existing house at 1032 Cabrillo were demolished at some point in the future; and o it is important to have early review of impacts to Redwoods and the creek, would like to see an initial study for environmental review prepared by staff with the appropriate studies submitted by the applicant. ..C. Brownrigg made a motion to send this project to a design reviewer with the comments made.and.riirected staff to prepare an initial study for the project, with particular attention given to the protection ofthe existing Redwood trees and impact of construction on the creek. The motion was seconded by C. Vistica. Comment on motion: strong interest in having the owner, tenant, and Mr. Miller attend the next hearing and speak to the Commission and the community about the project; and what is the time line for both design review and environmental review? CP Monroe note that the design review and initial study can proceed in parallel. Chair Keighran called for a vote on the motion to prepare and initial study and to refer this item to a design review consultant. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 10:40 p.m. 7 6. City of Burlingame Planning Commission Unapproved Minutes September 2j, 2002 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) PROJECT PLANNER: CATHERINE KEYLON Planner Lewit briefly presented the project description. There were no questions of staff. Chair Keighran opened the public comment. Mark Inglese, architect, was present to answer questions about the project. He noted that the existing porte cochere would be retained to add character to an otherwise uninteresting elevation at the front; one of the goals of the proposed design is to give the house articulation that it is currently lacking; Pittosporum shrubs will be planted in the rear yard to screen the addition. Commissioner asked for reasoning behind different style windows, three different exterior materials, and the nzurow clear storywindows along the left elevation. Architect responded that the mixed window types and exterior materials were traditional for Craftsman architecture and added variety to the existing house and proposed addition. The narrow windows along the left elevarion were to provide light.in the stairwell and breakfast area without having a view of the neighbor's house and yard. There were no other comments from the floor and the public hearing was closed. Commissioners noted that the front and rear elevations are nicely done, but the visual interest was not carried to the side elevations. Commission had the following concerns about the project and asked the applicant to address these items: o would like to see centered design element on the second story of both side elevations to add interest, such as a bay window or gable with the appropriate treatment; . consider extending the shingles down towards the first floor on the side elevations to tie the two floors together; o the windows on the second story addition at the rear elevation look a bit crowded; o provide more details about the garage door and materials of the garage; it will be a visible element from the street and should be tied into the details of the house; and . more large-scale shrubs or medium scale trees are needed on the property for screening of the addition and can be added to the site plan. C. Brownrigg made a motion to place this item on the consent calendar at a time when the suggested revisions have been made and plan checked. The motion was seconded by C. Osterling. 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 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at I l:04 p.m. 8 7 City of Burlingame Planning Commission Unapproved Minutes September 23, 2002 1320 CORTEZ AVEIYT]E _ ZONED R.l _ APPUCATION FOR DESIGN REVIEW FOR A NEW TWO- STORY SINGLE FAMILY DWELLING AND DETACIIED GARAGE (CON BROSNAN, APPLICANT AND PROPERTY OWNER; JAMES CHU, CHU DESIGN & ENGR., n{C., DESIGNER) (37 NOTICED) PRO.TECT PI,ANNFR: S O'ROURKE 8. Chair Keighran opened the public comment. James Chu, designer, was present to answer questions. He noted that this is a straightforward application for a house to be built by a developer on a singles lot; the design is French chalet and does not require any exceptions to the code. There were no other comments from the floor and the public hearing was closed. Commissioners noted that the overall design of the house is a nice one. They had the following concerns about the project and asked the applicant to address these items: o the house is bulky; look into reducing the plate height on the first floor to 8 feet and seriously consider eliminating some floor area to reduce the m*;s; =-o the two windows at the upper right side of the right elevation should be a split casement with a mullion in the center; o the porch appears massive, consider a larger opening or an element that would allow visibility through the brick to lighten the mass; o the half moon roof vents do not match the scale of the roof; the vents should be increased in size or moved to the rear so they are not visible from the street;o there is a blank stucco wall along the left elevation that needs relief; consider adding a trellis or landscaping at this elevation to fill the space; and o the spruce in the front yard is a great asset and want to have an arborist's report showing how the tree will be protected and maintained during demolition and construction, report should be approved by the City Arborist. C. Boju6s made a motion place this item on the regular action calendar at a time when the requested revisions have been made and plan checked. The motion was seconded by C. Auran. Comment on motion: proposed house is right at the maximuii, FAR allowed and some floor area should be eliminated to address the massive appearance of the house. Chair Keighran called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 1 1:15 p.m. 512.516 PRIMROSE ROAD _ ZONED R-3 _ APPLICATION FOR ENVIRONMENTAL SCOPING, CONDOMINIUM PERMIT, CONDITIONAL USE PERMIT FOR HEIGHT AND VARIANCES FOR FRONT SETBACK, PARKING IN THE SIDE SETBACK, AND FOR FRONT SETBACK LANDSCAPING FOR AN EIGHT-I.INTT CONDOMINIUM. (DALE MEYER, DALE MEYER ASSOCIATES, APPLICANT; AND DENHAM LLC, PROPERTY OWNER) (65 NOTICED) PROJECT PLANNER: ER LEWIT City Planner Monroe briefly presented the project description noting that the purpose for tonight's review was environmental scoping for this 8-unit residential condominium project. CP noted that it had come to 9 Planner Lewit briefly presented the project description. There were no questions of staff. City of Burlingame Planning Commission Unapproved Minutes September 2j, 2002 staff s attention that buried in the mass of vegetation at the rear of these lots were possibly some protected size trees, identification ofthe location and number ofthese trees and an arborist report on their condition as well as appropriate action would be included in the environmental review for this project. Commissioner asked if the city had any affordable housing requirement at this time. CP Monroe responded no, the Housing Element Implementation Subcommittee was working on this issue at this time. There were no further questions of staff. Chair Keighran opened the public comment. Dale Meyer, architect, represented the project. He noted that he wanted to clariff that the building at 5 16 Primrose presently contained four not three apartment units. He also noted that they had discussed the trees in the rear of the two lots before they began the project and felt that their condition was poor and removal would not be an issue; however, they would not object to preparing an arborists report on them. They could remove the circular driveway and meet the front setback landscaping requirement at the front of the building, but felt that off street loading/unloading area at this location in this busy area across from City Hall would be valuable in reducing circulation impacts. The guest parking in the side setback could be removed to increase landscaping but it would mean that the garage would have to be re<lesigned, reducing the common open space at the rear of the project, presently offering 2000 SF of common open space where 800 SF is required. The front setback variance is based on 4 properties, the two at the end are dropped because they are corner lots, so the two properties composing this site are the basis for the average for the front setback. The 19'-6" setback is measured to the columns supporting a balcony at the front, the rest of the fagade is22 feetback from the front property line. Commissioners comments addressed environmental as well as design concerns as follows: o the large street trees at the front will produce a lot of shade, check your proposed plantings to be sure that they are shade loving. o feel that the iron work balustrade chosen is not consistent with Burlingame, more ornate like New Orleans, inappropriate across the street from city hall and the library. o the rear common area is going to be uncomfortable for use because it will be in constant shade, have you considered some other use than barbeque. o Do not understand how at the rear the exiting stairs work with the patios, it looks as if there is a conflict between tenant access from above to the coflrmon open space and the privacy in the master bedrooms of the first floor units; o A separate storage unit for each unit does not seem to be provided, some storage units shown are not easily accessible. o Reduce proposed height by lowering plate lines to 9 feet of at least those units with l0 foot floor to floor. o Are there any other front setbacks equal on interior lots in the area. . Curved driveway is a good amenity at this location, front landscaping could be increased by taking out guest parking in side setback andputting all guestparking in garage, since 2.5 spaces perunit, 3 or 4 spaces in the garage could be designated for guests with proper activating access provided from each dwelling unit (placement of the calVaccess box will be important on this steep driveway). o Should have one storage locker per unit in the basement, also bicycle racks should be provided for resident's use. . Confirm that gas meters can be inside the building, if not where would they be placed. o On the rear elevation the iron on the balconies does not match, should be consistent with the rest of the building. o The three statues in the niches should not be identical. . Niches are not necessary to design. 10 City of Burlingame Planning Commission Unapproved Minutes September 23,2002 o Wrought iron is over done, solid comer pieces are heavy on thin balcony slab, address visual heaviness. o Not want garage bigger, address parking requirement below in space provided, put guest parking in garage. o Do not increase impervious surface on the lot. o Gravel stop edge may not be possible on roof may need a parapet that would affect the height of the building, check and redesign ifnecessary. o The cornice is weak, parapet might help this. o Fences on either side are important to the view from the street (see rendering of front of building) their fence design should reflect the building design. o Discouraging not to see any affordable housing component in this design.o For environmental analysis would like the following analyzed.: o Sun analysis for the common open space; o Landscaping at the front is important, can front setback variance be removed; o Street trees need to be retained and protected, need to scale down such a large building; o Setbackc are important, they reduce the visual impact, iddress parking in side setback; o What plant material will the planters over the garage in the side yard area support, how will they be designed, irrigation? o No area for recycling is shown on the plans, add. o Provide a photographic perspective or visual as we do for environmental documents from the rotary in the street looking across the office building parking lot to address visual impact. o Provide photos of existing buildings in the area showing their heights. Commissioners noted that this is a new building with a lot of exceptions to the code, what are the hardships; this building is very tall, all the others in the area are three stories, this is a prominent location across the street from City Hall so development will have a big impact; how does this design fit the existing neighborhood. Chair Keighran noted that this item will be brought back to a studymeeting with the Planning Commission when the environmental document is complete and commission's concems have been considered. This scoping action is advisoly and not appealable. This item concluded atL2:00 a.m., midnight. X. PLANNERREPORTS Review of City Council regular meeting of September 16,2002 CP Monroe reviewed the City Council meeting briefly noting that the council upheld the commission's action on the appeal of the determination of the second unit at 826 Alpine, failing to find the unit was built before 1954. She also noted that among the correspondence at the Commissioner's desk was the HCD certification letter for the 2001-2006 Housing Element. Congratulations go to the commission, the community and city staff. Next steps in processing project at 1450 Howard Avenue Chair Keighran noted that she and C. Brownrigg had met with Councilman Coffey, CM Nantell, CA Anderson and CP Monroe to discuss how to proceed with the processing of the Safeway project at 1450 Howard Avenue. They felt it would be beneficial for the Citizens for a Better Burlingame to meet with Safeway, facilitated by John Glaser, to discuss their proposals and see what solution the 11 ! City of Burlingame Planning Commission Unapproved Minutes September 23, 2002 two parties could arrive at for a solution for the community; after that meeting the project would move back to Planning Commission. It was noted that this was not a move to add time, its pqpose was to facilitate consensus. Staff would contact both parties to see if the meeting can happen. CA noted that the Mayor and Vice-Mayor support this approach. It was noted that direction was to focus on good points of each proposal would work best; to move project for this discussion City constraints can be placed in abeyance, so that if solution changes city guidelines, willing to consider within reason. Commission endorsed this approach to processing the project. Staffwill contact the parties. FYI - grade and roof changes on DSR approval at21l5 Hale Drive Concemed about the two major changes proposed with this change which affect the design, particularlywhen taken together: elevate the building which affects approved height and changing the roofing material from slate to composition shingle, which affects the design. The elevation ofthe building, caused by not grading out the site, will change the roof as well as making 10% of the mass of the building more visible; the commission should not have been enticed with a design element like a slate roof if it was not to be installed. Commission agreed to place this item on the actioh calendar at the next meeting. The item will be noticed for a public hearing. XI. ADJOURNMENT Chair Keighran adjourned the meeting at 12:30 a.m. Respectfully submitted, Ralph Osterling, Secretary LNAPPRovEDMINUTES 9.23.02 t2 l. CITY OF BURLINGAME BAILDING INSPECTION MONTHLY PERMIT ACTIVITY SEPTEMBER, 20n/2 <A.!,IE MO8!E----------B.s r.Y.2002 TEIA YEA.R F.Y.2001 I,AST YEAR Permit tsl4)e New Single Family New Multi-Family New Commercial A1t'erat ions - Res Alterat ions -NonRes Demol it ion Swimming Pool sign Permits FenceE Reroof ing Repairs Window Repl- Mi scel laneous TOTALS THIS MONTH # VafuaEion T YEAR # Va]uat j.on TO DA][E_ # Valuation $2,083, $3,827, $2 ,57r, $1, TO DATE # valuation $L,zeo , DIFF t DIF 6L. 0 0 22 7 9 0 4 0 30 3 5 5 $705, 000 $o $o $877,0s0 $453, 100 $o $o $r-8, s00 $o i379 ,43s $s3. s00 $38 , s27 i72 , 4so $o $o $o iL,3O4,532 $s88, 000 $o Cn11W $s, 5oo $o $303,302 $3,000 ;7r, s28 $70, 000 32 2t 236 25 683 46 3 5 0 0 76 23 25 0 10 87 5 15 24 000 $o $o 111 090 725 $o 979 500 557 000 27L 413 000 $o 000 o29 950 000 $o 775 000 757 300 776 029 0 0 0 29 5 5 L 0 27 1 5 3 .0 .0 .0 .8- .2- .0 .0 .4 .0 .t .3 .1- E 100. 10. 9. 94. $e4, $1. #t, o24, $62, $8e, $re7 , $27 , $1, $940, $8, $140, 1428, 242 . 50. 8. 647. 36. 53. 4 0 3 84 18 L7 0 4 1 70 3 16 23 $3 , 500, $3 ,469, s2,e36, $30, 88 fi2,607,562 76 i2,34s,862 tr.2 1,o /oL/ 02 6 : 4L:32 272 $LO,O52,646 243 $1_2,872,6L6 2L. Crime Cfassi fication. Murder and Nonnegligent Manslaughter Manslaughter by Negligence Rape By Force AEEempt to Commit. Forcible Rape Robbery I'irearm Robbery Knife Robbery other Dangerous weapon Robbery Strong-ArmAssault - Firearm Assault - Knife Assault - Other Dangerous Weapon Assaul-t - Hands, !'ists, FeeE Assault - Other ( Simple )Burglary - Forcibfe Entry Burglary - Unlawful Entry Burgl-ary - AEtempted Forcible Entry I-,arceny Pocket -Picking Larceny Purse-Snatching Larceny Shoplifting I-.,arceny From Motor Vehicle Larceny Motor Veh Parts Accessories I-.,arceny BicYcles Larceny From Building Larceny From Any Coin-Op Machine Larceny A11 Other Motor Vehicle ThefE Auto Motor Vehicle ThefE Bus Motor Vehicle ThefE Other SUMMARY OF PART ONE OFFENSES FOR: AUGUST , 2002 PAGE:1 L.,as t Current Year. . AcE YTD Prev Act YTD... L 0 5 0 I 1 2 4 1 9 11 3 l_ L 1 0 0 5 0 5 2 2 t1 1 2 18 7 7 37 51 L 0 0 13 5 3 2 1 t25 L37 61 2L 11 1,9 L57 59 4 2 15 4 L25 105 52 6 4 4 28 60 2A 8 ,oo 7 2L oo 1 1 2 2L 3 2t l_ 2L 5 4 L2 3 36 6 I 92 92 89 754 868 89 754 868 09-30-02 t- A11 other Offenses Animaf Abuse Animal Nuisance Arson Assists Eo outside Agencies Bicycle Violations B igamy Bomb Offense Bornb Threat Bribery Check OffensesChild Neglect/proE custody CompuEer Crime Conspi racy Credit Card offenses Cruelty to Dependent Adult Curfew and L.,oitering L.,aws Death Investigation Disorderly Conduct Driver's License ViolaEions Driving Under the Influence Drug Abuse ViolaEions Drug/Sex Registrants Drunkenes s Embezzlement Escape Extort ion False Police Reports Fal-se Reports of Emergency Fish and Game Viol-ations Forgery and Counterfeiting !'ound Property I,raud Gambl ing Harrassing Phone Ca11s HiE and Run Accidents Impersonat ion I nce st Indecent Exposure Intimidating a Witness Kidnapping I-.,ewd ConducELiquor ]-Jav/s I-,ittering/Dumping Marijuana ViolaEions Mental Health Cases Missing Person Missing Property Munic j.pa1 Code Violat ions Narcotics Sales/Manuf acture of fenses Agal-nst Children SWMARY OF PART TWO REPORT FOR: AUGUST, MONTHLY CITY OFF'ENSES 20 02 PAGE: 1 Crime CIassi fication. Las t Year.. Prev ACT YTD.Current 33 Act YTD... 46 2 0 1 2 0 0 0 0 2 0 1 360 2 0 8 0 0 0 0 2 0 2 2 2 4 8 3 4 1 1 4 3 7 2 1 1 1 3 1 7 2 5 5 7 6I 4 10 2 9 l- 15 20 0 0 4 4 1 18 36 7 56 24 39 55 25 0 49 48 3 0 5 0 1 2 5 L 20 64 L9 74 36 0 13 l-0 20 0 1 'J"2 .' 4 48 3Z 9 59 z6 1 51 L7 0 0 0 L 0 L6 54 l6 0 44 24 1 0 9 0 0 0 6 0 78 23 L39 40 1 2 L2 2 t2 8 5 3 t4 2 8 6 0 43 4 0 0 0 1 0 1 3 09-30-02 09-30-02 PAGE: 2MONTHLY CITY SLIMMARY OF PART TWO REPORT FOR: AUGUST, OFFENSES 2002 Last Year.. Act YTD Prev Act YTD.Crime Cl-assification Other Assault,s OtherJuvenile Offenses Other Police Service Pandering for immoral purposes Parole Violations Perj ury Possession of Burglary Tool-s Possession of drug paraphernalia Possession of obscene literature;pj-cture Probation Violations Prostitution and Connmercial Vice Prowllng Resisting Arrest Runaways (Under l-B) Sex Offenses Sex Offenses against Children Sodomy St.alklngStatutory Rape Stolen Property; Buying; Receiving,' Possess Suspended License Tax Evasion Temp Rest.raining OrdersTerrorist Threats Towed Vehicle TrespassingTruants/Incorrigible Juvs US Mail Crimes Vagrancy Vandalism Vehicle Code ViolationsViolation of Court Order Warrants - Felony Warrants - Misd Weapons ; Carrying, Possessing Welfare Fraud Current 18 5 3 1 46 t_3 L25 1 1 10 I L25 0 L23 0 0 0 0 0 0 22 z 2 2 0 5 6 0 1 0 2 45 0 4 47 0 2 0 1 0 0 7 0 B 5 0 8 2 0I 0 4 27 0 5 3 2 1_ 1 3 1 I l_ 62 35 27 364I 0 0 0 185 36 l-5 5 3'7 11 0 42 22 423 4 4 0 0 r- 61 39 15 24 4 2 2 10 2 B 3 1 5 5 40 9 0 274 242 1,91_l 2,250 214 242 1, , 91-1, 2 ,250 10-0L-02 Crime Classification Parking Citations Moving Citations MONTHLY SUMMARY OF CITATIONS CITY REPORT FOR: AUGUST, 2002 Current Last Year PAGE: 1 Act YTD... Prev Act YTD. 3 ,606 247 2 ,851 290 24 ,572 1, 901 22 ,08'7 L ,'733 3 , 853 3 , LAL 25 ,4'/3 23 , B2o 3,853 3 ,L4L 26 ,4'73 23 ,820 Officer Productivity. . . . Reported On: A11 Officers Data Type Reported on: PARKING BURLINGAI',IE generated on L0/01/2002 at 03:462L4 PM Report Range: 08/01/2002 to 0B/31/2AO2 valj.d cnt t Afl valid Voids cnt t AtI void.s valid t Officer:ID DAZA-QUIROZ GARRETT HARRISON JFOX KIRKPATRICK MORAN ROSCOE 634 501 506 505 502 201 503 529 1 111 9 115I 190 477 77 L4 .92 0. 03 31 .57 ?, 61 s-36 L3.46 2 .00 98.69 100. 00 98.42 98.89 97.94 99 .17 98.61 1 0 18 t3 4 4 1 74 0 38 B9 00 30 66 51 5l- 13 27 I I 2 TotaI 3545 41 Pag'e 1 of 1 k*n, David A. Hankin Vice President Regulatory & Government September 12,2002 Rahn Becker Assistant City Manager City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Becker: This letter serves to update you on RCN's construction progress in bringing our services to Burlingame. To date, we are providing cable television, high-speed modem, local and long distance services to almost 1000 homes in the City. By the end of October 2002 we will be serving approximately 1300 additional homes. ln the short time we have been serving your City, we are delighted that Burlingame residents are receptive to trying the services of "the new kid on the block". Please do not hesitate to contact me should you have any questions. Sincerely, tla",it hb^,a-.- David Hankin 1400 Fashion Island Blvd., Suite 100 San Mateo CA 94404 (6s0) 212-8010 Fax (650) 212-8009 STAFF REPORT TO: HONORABLE MAYOR AI\[D CITY COUNCIL DATE: September2012002 F'RoM: Rahn Becker, Assistant City Manager 650-558-7222 suBJECr: PG&E Bankruptcy: Proposal f'or New Franchise AGENDA ACre{OI{LEDGUENTSITEM # MTG. DATE rolT l02 BY BY With City RECOMMENDATION: This report is for your information only. BACKGROUND: As you know, PG&E is in bankruptcy and has been working with the Court to arrive at a methodology for emerging from the bankruptcy. This has been heavily covered in the media. Last June, PG&E submitted to each city proposed franchise agreements with two new companies that the utility is proposing as successors to the current franchise we hold with PG&E as a single entrty. While PG&E submitted the documents with a calendar and recommendation to present these documents to you, mumy cities felt that the franchises as proposed did not meet the interests of the cities. The current franchise agreement is out of date and has been problematic to cities for a number of reasons. Since PG&E was offering to change the franchise, this is an ideal opportunity for cities to raise their interests and negotiate a more balanced franchise document. The issue, however, is clouded by the bankruptcy proceedings. Most San Mateo County cities have taken the tact that the League of California Cities should take the lead in working with PG&E, since so ruuly member cities are involved in this issue. The League has taken the lead on this effort, and has formed a task force of member cities, including representatives, like Palo Alto, that have extensive experience negotiating with PG&E. We feel this approach levels the playing field somewhat, since most cities have an information deficit when it comes to undirstanding this r"ry.o*pl"x and politically charged area. PG&E staff called last week to express concern about the League's progress, and indicated that they were going to begin calling city council mernbers, a strategy that we suggested was premature. I do not feel that the League has been slow to respond; in fact they have had several very productive meetings that have led to a statement of interests which they are now sharing with PG&E officials via a smaller negotiating team established at the last conference. I continue to feel it is premature for PG&E to approach city councils during active negotiations, and am confident that the League will produce a model fianchise document in a timely fashion, albeit not according to PG&E's unrealistic timetable. The League staffhas shared their frustrations with PG&E about the calendar and their response, and has also shared our concern about approaching city councils at this point in the deliberations. I believe we should continue to support the League effort, and direct all PG&E inquiries to the League's negotiating team. Also, the San Mateo County City Managers, working with the San Mateo County Telecommunications Authority (SAMCAT), have established a group to pass on our local interests to the negotiating committee. San Mateo County is represented on the negotiating committee. SAMCAT was initially seen as a countywide organization that could lead a negotiating effort, but while it is helpful as a communications tool, I have not approached the council with using this group formally for negotiations with PG&E (a JPA amendment would be required) but do think it would be helpf,rl as an informal group. We will continue to support the League's effort to develop a model franchise. Having said all of this, there is no guarantee that the Court will support the outcome, and a different model could be proposed by the Court, PG&E creditors, or the State Public Utilities Commission. C: Frances Medema, League of California Cities TO PLANNING DEPARTMENT MEMORANDUM FROM: DATE: SUBJECT: R-l Following the City Council's denial of his request for determination that the second unit on his prop.rtyiras buili before 1954, David Mani, the property owner atS26AlpineRoad, withdrew i,is appeat for a rear setback variance. Council had set the rear setback appeal for October 21, so that the determination on the second unit could be completed first. As council may recall, the variance request far a2.5 foot rear setback where a 15 foot rear setback is required, resulted from illegal construction in Mr. Mani's backyard. While applying for retention of the second unit on the site, Mr. Mani obtained a demolition permit and began removing the illegal construction. With the finding that the second unit was not built before 1954 and the withdrawal of the request for a variance, Mr. Mani must remove the illegal construction at the rear of the 1952 gatageand the kitchen within the room at the back of the garage. Since the rooT is attached to Ih. horr., via the garage,he may use the area ofthe 1952 addition as non-sleeping living area (family room, offiie, .rc.; *itttout a conditional use permit. However, the room may not be used as a bedroom unlessthe Fire Department inspects and determines that there is proper fire separation between the garage and the room addition' City Council Meg Monroe, City Planner September 30,2002 Withdrawal of Appeal for a Rear Setback Variance at826 Alpine Road, Zone'd