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HomeMy WebLinkAboutAgenda Packet - CC - 2002.09.16---=-l- BT'RLINGAME CITY COI]NCIL AGEI\DA Rfcur,an Mnrrruc - Moxol,v, Spprrmpn 16, 2wL Plcel or2 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES - Regular meeting of September 3,2OOZ 5. PT BLIC IDARINGS rhe mayor mty timit spcarrzn to {wc mhucs cach a. Appeal of Planning Commission's Determination that the second unit was not built before 1954 at 826 Alpine Avenue, Zoned R-l b. Adopt an Urgency Ordinance pursuant to Government Code 36937 for no parking zones on Carmelita Avenue from California Drive to El Camino Real and for one hour parking zones on Primrose Road from Bellevue to Floribunda Avenue 6. PUBLTC CO-MMENTS - Ar rhis 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 sate local agency open meeting law) prohibits council from acting on:rny 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 had it to staff. The Mayor may limit speakers to three minutes each. 7. STATT' REPORTS AI\D COMMT]MCATIONS a. Commissioner Term Expirations: Beautification (2), Civil Service (2), Traffrc, Safety & Parking (2) b. Temporary Teen Facility 8. CONSENT CALENDAR a. Special Event Permit/Street Closure - Halloween Safe Street (Primrose Road) b. Resolution authorizing agre€ment between the City of San Mateo and City of Burlingame for Maintenance & Repair Services on City of San Mateo Fire Vehicles c- Resolution Authorizing a Professional Services Agreement with the Culver Group for Engineering Design Services for Water Main Replacements within the Burlinghome, Easton No. 5 and Easton No- 7 Subdivisions 9. COT,INCIL COMMITTEE REFORTS IO. OLD BUSINESS City of Burlingame CITY HALL - 5O1 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9,$O1 O (650) ss8-7200 7:00 p.m., Council Chambers Approval Hearing/Action Hearing/Action Discussion/Action Discussion/Direction Approval BT'RLINGAME CITY COT]NCIL AGENDA RBculan MBntnIc - MoNDLy, snrrm,cBn 16, ?.Nz Plcr2or2 11. IYEW BUSIIYESS 12. ACKNOWLEDGMENTS a. Commission Minutes: Planning, September 9,2m2 b. Department Reports: Building, August, 20O2; Finance, August, 2W2 c. Letter from l,ouisa Lloyd Shields, 1205 Drake Avenue and reply from City Planner concerning Broadway Business Area 13. ADJOTJRNMENT TO CLOSED SESSION NOTICE: Any acendees wishing accommodations for disabilities, please contact 6e City Clerk at (650) 558-?203 at least 24 hours before the rreeting. A copy of the Agerda Packet is available for public review at ffre City Clerk's office, City Hall, 501 Primrose Rord, from 8:00 a.m. to 5:00 p.m. before 1[6 ms€ting and at the meeting. Visit the City's website at www.burlinsame.orq. Agerdas aod minutes are available at this site. * CLOSED SESSION: 1. Conference with Real Property Negotiators pursuant to Government Code $ 54956.8: Property: Assessor Parcel No' 029453-430 - 783 California Drive; Agency Negotiators: Randy Schwartz, Larry Anderson, Jim Nantell; Negotiating Parties: Proffitt Trust (Terry Horn); Under Negotiation: l.ease of PropertY 2. Threatened Litigation (Government Code $ 54956.90)(2) and (3XC) Claim of Michael Svanevik (copyright use) 3. Pending Litigation (Government Code $ 5a956-9(a) 4. Louis Marini vs. City of Burlingame (ABAG Plan), San Mateo Superior Court Case No. 419382 14. ADJOI'RNMENT NOTICE: Any asendees wishing accommodatiors for disabilities, please contact the CiU Clerk at (650) 558-7203 at least 24 hours before the meeting. A copy ofthe Agerda Packet is available for public review at the City Clerk's offrce, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agerdas ard minutes are available at this site. NEXT MEETING - October 7, 20i0.2 City of Burlingame CITY HALL. 5O1 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94O1 O (650) 558-7200 Following Open Agenda BURLINGAME CITY COUNCIL Regular Meeting of September 3,2002 UNAPPROVED MINUTES 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 at7:01p.m.by Mayor Mary Janney. 2. PLEDGE OFALLEGIANCE TO THE FLAG Led by Commander Tom Marriscolo. 3. ROLL CALL Council Present: Council Absent: Baylock, Coffey, Galligan, Janney, O'Mahony None 4. MINUTES Councilwoman O'Mahony made a motion to approve the minutes of the Council Meeting held August 5,2002; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS a.Adoption of Ordinance #1694 Adoptins the Buildine. Plumbine. Mechanical and Electrical Codes DPW Bagdon recommended Council hold a public hearing and adopt Ordinance #1694 amending revisions to the Uniform Building Code published by the Intemational Conference of Building Officials, the Uniform Plumbing Code published by the tnternational Association of Plumbing and Mechanical Officials and the National Electric Code published by the National Fire Protection Association. The City is obligated by the State to enforce the latest codes by Novemb er 1,2002. Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was closed. Councilwoman O'Mahony made a motion to approve Ordinance #1694; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a summary of the ordinance within 15 days of adoption. September 3,2002 Unapproved Minutes 1Burlingame City Council b. Adoption of Ordinance #1695 Adoptins the 2001 California Fire Code FC Reilly recommended Council hold a public hearing and adopt Ordinance #1695, the 2001 Edition of the California Fire Code. Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was closed. Councilwoman O'Mahony made a motion to approve Ordinance #1695; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a swnmary of the ordinance within 15 days of adoption. 6. PUBLIC COMMENTS Russ Cohen, 605 Lexington Way, President of the Burlingame Historical Society, spoke concerning recent Historical Society events such as their walking tour, ice cream social and tour of the Carriage House, upcoming tours for third grade students. Noted event topics in the future will be on the history and future of the Easton Branch Library. Also requested that if any residents have information regarding Burlingame to please call the Historical Society as it may be historically significant. 7. STAFF REPORTS AND COMMUNICATIONS a. Unaudited Financial Report. Fiscal Year 2001-02 ACM Becker and CM Nantell commented on the financial downturn from one year ago primarily due to a significant drop in the hotel tax and sales tax revenue. CM Nantell is developing recommendations to reduce operating costs with cooperation from the the department heads and middle managers. 8. CONSENT CALENDAR a.Advisorv committee for the BavfronUAnza specific Area Plan update CP Monroe noted fourteen individuals had been contacted and have agreed to serve on the Citizens Advisory Committee for the Bayfront/Anza Specific Area Plan Update. The committee will meet monthly between September,2002 and June, 2003 and will also sponsor three public workshops which will form the basis of much of their work. b. Resolution #100-2002 Awardine street Resurfacine Prosram. 2002 DPW Bagdon recommended Council approve Resolution #100-2002 awarding the resurfacing project to C. F. Archibald Paving, Inc. in the amount of $975,408.48 for various streets in Burlingame; work is expected to be completed by December, 2002. September 3,2002 Unapproved Minutes 2 Burlingame City Council c.Reiection of all Bids and Authorization for Staff to Re-advertise the 2002 Sidewalk Maintenance Repair Program DPW Bagdon recommended Council reject all bids and authorize staff to re-advertise the project for new bids. The project consists of the replacement of sidewalk, curb and gutter as well as installation of handicap ramps in the area of Easton Addition No. 2. d. Approval of Attendance at Out-of-State Conference DPW Bagdon recommended Council approve the attendance of four (4) staff members at an out-of- state conference in Lake Tahoe, and for trvo (2) staff members to attend an out-of-state conference in Reno, Nevada. e. Resolution #97-2002 Annrovine the Memorandum of Understandins between the Citv of Burlingame and the Burlinsame Police Officers Association HR Bell recommended Council approve Resolution #97-2002 approving the Memorandum of Understanding between the City of Burlingame and the Burlingame Police Officers Association and authorize the City Manager to execute the agreement on behalf of the city. f. Warrants & Pavroll ACM Becker requested approval for payment of Warrants #83926-8 4476 , duly audited, in the amount of $3,234,444.68, Payroll checks #149291-t49839 in the amount of $1,997,541.05 for July, 2002; and EFT's for the month of July, 2002 inthe amount of $41I,710.06. g. Resolution #98-2002 Awarding Tree Prunins and Stump Removal Contract PR Schwartz recommended Council approve Resolution #98-2002 awarding the Tree Pruning and Stump Removal Contract to Timberline Tree Service, Inc. h. Resolution #101-2002 Rescindins Reouest to Extend Date for Compliance with Integrated Waste Manasement Act ACM Becker recommended Council approve Resolution #l0l-2002 to rescind request for extension to comply with the Integrated Waste Management Act since the Waste Board has reviewed the extension and found that the City's compliance with program implementation goals is sufficient. i. Authorize Citv Attornev to ioin in Amicus Curiae Brief in Border Business Park.Inc. vs. Citv of San Diego 0)03922$ at No Cost to Citv CA Anderson requested Council authorize joinder in amicus curiae brief at no cost to City in Border Business Park vs. City of San Diego which is now pending before the California Court of Appeal. September 3,2002 Unapproved Minutes JBurlingame City Council j. Authorize City Affornev to ioin in Amicus Curiae Brief in Topsail Court Homeowners Association vs. Soquel Creek Water District (US 01-1444) at No Cost to Citv CA Anderson requested Council authorize joinder in amicus curiae brief at no cost to City in Topsail Court Homeowners Association vs. Soquel Creek Water District which is now pending before the California Supreme Court. k. Authorize Citv Attornev to ioin in Amicus Curiae Brief in Richmond vs. Shasta Communitv Services District CA Anderson requested Council authorize joinder in amicus curiae brief at no cost to City in Richmond vs. Shasta Community Services District which is now pending before the California Supreme Court. l.Adopt Resolution #99-2002 Amending the List of Desienated Emplovees in the Citv,s Conflict of Interest Code CA Anderson requested Council adopt Resolution #99-2002 amending the list of designated employee positions required to file Statements of Economic lnterests pursuant to the City Conflict of Interest Code. Councilman Galligan made a motion to approve Consent Calendar; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. 11. OLD BUSINESS Councilwoman O'Mahony noted she cannot support any change in the floor area ratio (FAR) which had recently been suggested by a Planning Commissioner. Feels the floor area ratio has been eminently successful and a model for other cities. At this time, City Attorney Anderson reported Council directed him regarding possible settlement on the following claim during the closed session: Threatened litigation (Government Code $ 54956.9(b)(1), (3XC) Claim of Valerie Jones. Councilman Galligan noted that the Broadway Streetscape seems to be proceeding very nicely; concerned that the light concrete on the completed north side is being marked up by bicycle tires and looks unsightly. Suggested the cleaning of the sidewalks be done more often in the summer September 3,2002 Unapproved Minutes 4 Burlingame City Council than in the winter. CM Nantell noted Councilwoman O'Mahony was also concerned about the same issue; COP Missell will have more patrolling done in this area. 12. NEW BUSINESS Councilman Galligan suggested Russ Cohen, President of the Historical Society, contact a local businessman named Bill Nagel; Mr. Nagel is very knowledgeable about the history of the Easton Library. Councilwoman Baylock instead of the hospital di possibility. [uU-0Nw,*tt0. a. c. suggested the City of Burlingame be the lead agency on the hospital EIR strict; would like to have it be agendized in the future to discuss this CP Monroe noted an appeal hearing should be set for the September L6,2002 Council meeting. An appeal was received regarding a Planning Commission denial of an amnesty regarding an in-law unit at 826 Alpine Avenue. CM Nantell reminded Council and residents of the "Unity in the Light" event being held on September 11,2002 at City Hall. 13. ACKNOWLEDGMENTS Commissioner Minutes: Library, July 23,2002; Traffic, Safety and Parking, August 8,2002 and Planning Commission of August12,2002 and August26,2002 b. DepartmentReports: Police, Jaly,2002;Finance, luly,2}l2;Building, July,2002 Letters from Mission Hospice, Community Gatepath, Friends for Youth, PARCA, and Samaritan House gratefully acknowledging City's contribution d. Letter from Ann Marie Umland, 1600 Sebastian Drive, concerning remodel of neighbor's home at2843 d. Letter from Ann Marie Umland, 1600 Sebastian Drive, concerning remodel of neighbor's home at2843 Arguello Drive Memo from City Planner to Council conceming trimming trees on hillside area construction permit at2843 Arguello Drive f. Notice announcing Planning Department Public Workshop on September 10, 2002,7:00 p.m. at Recreation Center concerning North Burlingame/Rollins Road Specific Area Plan September 3,2002 Unapproved Minutes e 5Burlingame City Council STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL DArE: SEPTEMBER 9, 2002 AGENDA ITEM# MTG. DATE 9.16.02 SI]BMITTED /\L FROM:CITY PLANNER ST]BIECT: APPEAL OF PLANNING COMMISSION'S DER ATI ON THAT THE SECONI) UNIT WAS NOT BUILT BEFORE 1954 AT 826 ALPINE AYENUE, ZONED R.l RECOMMENDATION: City Council should hold a public hearing and take action. The action is a determination whether the second unit built at the rear of the garage was built before 1954 and is therefore eligible for inclusion in the second unit amnesty program. Action should be taken by resolution and should include the reasons for the finding Planning Commission Action At their meeting on August 26,2002, the Planning Commission held a public hearing and voted 6-0-l (C. Brownrigg absent) to uphold staff s determination that that this second dwelling unit did not comply with the second unit amnesty requirement that an eligible unit be built before 1954 because insuffrcient information was submitted to refute the Chief Building Oflicial's findings. In their discussion of the issue the commissioner's noted: the assessor's report indicates plumbing fixtures in 1948 but makes no mention about additional plumbing fixtures when the area now used as the in-law unit was added in 1952; it is the building department's job to determine the age of improvements, do not feel personally qualified to date a unit. Chief Building Official noted: in the original garage of 1948 construction there was a half bath at the right rear of the original garage, when inspected saw some knob and tube wiring but in the addition all wiring seemed to be new in romex a material not used until the late 1970's, the only dated evidence on the site was a toilet dated 1991; there was no evidence that the second unit was built in the 15 months between completion of the building permit issued in 1952 for an addition to the rear of the garage and the December 31, 1953 date to qualify for second unit amnesty; a termite report prepared in 1973 for the sale of the house did not note the area atthe rear of the garage as being used as a second unit, in fact the report indicated that the wall between the original garage and the addition was open 50%o. Onthe basis of the Chief Building Offrcial's findings the City Planner found that the existing second unit did not qualify for the amnesty program. It is that determination which was appealed by the property owner to the Planning Commission. BACKGROUND: The property owner, David Mani, at826 Alpine Avenue, zoned R-1, is requesting that the City Council review the Planning Commission's determination that the second unit, attached to his house at the rear of the single car garage, and accessed along the side property line, be determined to be eligible for the second dwelling unit amnesty program. To be eligible for amnesty it must be determined that the second unit was built before January 1,1954. The requirements for eligibility for the amnesty program are as follows. o The second unit must be located in an R-l zone; o The second unit must have been built before January 1,1954; 5a BY BY APPROVED APPEAL OF PI-ANNING COMMISSION'S DERTERMINATION THAT THE SECOND ANIT WAS NOT BAILTBEFORE 1954 AT 826 ALPINE AWNUE, ZONED R-l SEPTEMBER 16, 2002 o Required on-site parking shall be provided for the primary dwelling, and additional parking for the secondary unit shall be at least one uncovered parking space, which may be provided in tandem to another existing parking space, o No more than two (2) persons may occupy the secondary dwelling unit; o An owner of the subject property shall reside in at least one of the dwelling units at all times; o The floor area of the secondary dwelling shall not exceed 640 SF, and o The secondary dwelling unit shall be able and made to conform to the requirements of the California Health and Safety Code. The applicant complies, or could comply, with all of the above requirements except the date of eligibility of the unit. History: The existence of this dwelling unit came to the city's attention when we became aware that there was construction without a building permit occurring at the rear of the site. The illegal construction was attached at the back of the garage being used as a second unit. A redtag was posted on the construction and the property owner submitted plans to the Planning Department. His first request was for arear setback variance for about 2.5 feet so that he could continue to build the 533 SF (10'3" x 25'O")addition at the rear of the existing extended gara9e. Planning Commission denied this rear setback variance. The applicant has appealed the Planning Commission's action on the variance but asked to set the appeal hearing date out so that he could go first to the Planning Commission for an appeal to the City Planner's determination that the existing second unit does not qualify for second unit amnesty because it was not built before 1954. On August 26,2002 the Planning Commission held a determination hearing and voted to uphold the City Planner's determination that the second unit was not built before 1954.. The applicant is now appealing that determination to the City Council. History of Construction on the Site The old San Mateo County Assessor's records document that the residential structure with an attached one car garage was built at826 Alpine Avenue in 1948. (attached in the Planning Commission StaffReport) The Assessor's record shows that one of the 6 plumbing fixtures was located in the garage (most likely a toilet). In 1952 a building permit was issued for a I 3 ' x 21' (273 SF) addition to the garage with the note "conforms to original garage in all respects" (with stucco walls and composition shingles). A 1973 termite report indicates that the wall between the original garage (346 SF) and the new addition was 50olo open. This termite report does not address the use in the 1952 portion of the garage. The property owner reported that after his father purchased the house in the 1970's he made a shed addition to the rear of the existing garage. This is probably how the existing addition at the rear of the garage increased in length from2l feet to 30 feet. There is no building permit on record for the addition of a storage shed at the rear of the 1952 addition to the garage. The property owner, son of the 1970's purchaser, noted in the record that he lived in the accessory unit in the 1990's and upgraded it. No building permits were issued after 1952 for any, electrical, plumbing, framing or sheet rock work done to the addition at the rear of the garage. A number of months ago, on a complaint regarding construction work being done at the rear of the garage, the Building Inspector found a foundation and partial framing in place for a 10'3" x25'0" (256 SF) addition at the rear of the 1952 garage and 1970's storage area addition. A stop work order was placed on the site; and all construction ceased. n APPEAL OF PLANNING COMMISSION'S DERTERMINATION THAT THE SECOND UNIT WAS NOT BAILTBEFORE Tg54 AT 826 ALPINE AWNT]E, ZONED R-l SEPTEMBER 16' 2OO2 Ilistory of the Determination: Since second unit amnesty is an administrative permit, the application process allows a property owner to appeal to the Planning Commission the City Planner's decision regarding whether an existing second unit complies with the code requirements. In the case of this unit the City Planner based her denial on the findings of the Chief Building Oflicial who inspected the unit. In his inspection the CBO looked for indicators such as casting dates on pipes and fixtures, construction materials, and construction methods evident which would establish that a second unit had existed on this site before 1954. Other than the shell of the building for which there was a 7952 building permit, observable evidence indicated that the improvements date from the 1970's and later. The Chief Building Offrcial concluded that the existing second unit did not meet the requirement of being in place prior to January l,1954, because : (l), the materials used did not exist in 1952; (2), the diffrcultly of fully finishing (electrical, plumbing, insulating, wall finish etc.) an illegal unit in the brief time between finaling of the 1952 building permit and the second unit amnesty deadline of "built before December 31,1953"; and (3) the termite inspection report in 1973 which indicated that the wall between the existing garage and the 1952 addition was 507o open, along with the fact that older wiring and plumbing (for the 1952 approved plumbing fixture) exist in the original 1948 portion of the garage The City Planner's determination was based onthese findings of fact. The applicant was notified of the City Planners denial of his request for amnesty for the second unit and appealed to the Planning Commission. On August 26,2002,the Planning Commission upheld the City Planners determination. Actions by the Planning Commission are appealable to the City Council. The applicant appealed the Planning Commission's denial of his request for amnesty for the second unit, and the item was set for public hearing on September 16,2002. All property owners within 300 feet were noticed about the hearing. ATTACIIMENTS: Dave Mani, letter August 30,2002, to Margaret Monroe, appealing Planning Commission determination. Dave Mani letter Augu st 1, 2002, to Margaret Monroe, appealing Planning Commission action on a rear set back variance but also addressing second unit amnesty. Planning Commission Unapproved Minutes, August 26,2002 Planning Commission StaffReport, August 26,2002 with attachments Reduced site plan, April12,2002 Reduced In-Law unit diagram, not to scale Photographs of the existing garage and existing second unit submitted at Planning Commission Hearing August 26,2002 Public Notice Appeal Hearing, mailed September 6,2002 EONORABLE UAYOR AND CITY COI]NCIL: PLEASE SET AN APPEAL HEARING rOR 824 ALPINE FOR TIIE COUNCIL MEETING OF SEPTEMBER TA, 2002. CITY CLERK RECE,V[.. AUG 3 O ?AO; t'll^?irir'd'Jlo.r ,. REq€tvED AU6 3 0 200? 8ffiStrifii,,$fiifiE To: Margeret Munroe From: Dave Mani Re: Amnesty Appeal Date: 08129102 Margeret: Enclosed please find a check for $250.00 made to the City of Burlingame. I intend to appeal the Planning Commission denial of amnesty regarding my in-law unit at 826 Alpine Ave, Burlingame. Please let me know when the City Cormcil can hear my appeal. so much.,L Dave Mani 826 Alpine Ave. Burlingame, CA., 94010 MEMO To: Margaret Monroe, City of Burlingame From. Dave Mani 826 Alpine Ave. Burlingame, CA., 94010 RE: appeal-Amnesty Program Date:8/Oll02 Mani 826 Alpine Ave Burlingame, CA., 94010 RECE,YED Auc _ s /002 ''llffi;r'g;p,.^u, Dear Margaret: Enclosed please find a check for $25.00 for the appeal process regarding the Amnesty Progranr, and my inJaw unit at 826 Alpine Ave.. As you know, I am appealing two separate, but interlinked, situations. I would like to appeal the denial ofmy inJaw unit as it applies to the Amnesty program first. The second situation is the variance for set -back of an addition to my property. The inlaw is the most important to me of the two situations. The reason it is primary to me is that a legal inJaw unit will increase the appraised value ofmy property-without me having to build any additions what-so-ever. Ifthe denial of the in-iaw is rlversed, and the in-iaw legalized, then I intend to take down the structure that started this whole debate in the first place. As I explained ro the Planning Commission, if I had known about the Amnesty Program before my attempt to build an officdgym addition to my property, I would have resolved the inJaw legality before ever attempting to build any iaaition. ', ,- - Fhave also sent a letter for an appeal regarding a variance set-back, along with a check for $250, to Sean O'Rourke. I realize the city has procedures, but, in my opinion, it would be redundanr to appea.l a situation that is only of concern if my inJaw is not legal, and thus, becomes a simple bedroom. I would have appealed the in-la Amnesty decision months ago, if I wluld have been given the opportunity to do so. I was never notified that this was an option, or, at least, I never saw anyhing to this effect in my paperwork. you for your time and attention to this matter a*1- and \.Ir. City of Burlingame Planning Commission Unapproved Minutes August 26, 2002 ACTION ITEMS Consent Calendar - Itums on the consent calendar are considered to be routine. Thqt are acted on simultaneously unless separate discassion and/or action is requested by the applicant, a member of the public or a commissioner pior to the time the commission votes on the motion to adopt. Chair Keighran asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 1524 Los Montes Drive- zoned R-1- amendment to an application for design review, hillside area construction permit, side setback variance and special permit for declining height envelope for a first and second story addition (Lionel J. Recio AIA, c/o SidneyHooverArchitects, applicant and architect; Michael Berman and Betsy Haugh, property owners) (52 noticed) Project Planner: Catherine Keylon C. Auran moved approval of the consent calendar based on the facts in the staff report, commissioners comments and the findings in the staff report with recommended conditions in the staff report and by resolution. The motion was seconded oy C. Osterling. Commissioner asked if a condition could be added to limit the variance so that if the structure were demolished or the building envelope were modified in the future the variance would expire. The maker and second to the motion agreed to amend the conditions of approval. Chair Keighran called for a voice vote on the motion to approve with amended conditions that if the structure were demolished or the envelope changed at alater date the side setback variance would become void. The motion passed 6-0-1 (C. Brownrigg absent) on a voice vote. Appeal procedures were advised. This item concluded at 7:10 p.m. V[I. REGT,LAR ACTION ITEM 4.826 ALPIIYE AYENUE _ ZONED R.1. APPUCATION FOR A DETERMINATION ON WHETHER A SECOND UNIT QUALIFMS FOR THE SECOND TINIT AMNESTY PROGRAM (DAVID MANI, PROPERTY OWNER AND APPLICANT; MARK ROBERTSON, DESIGNER) PROJECT PLANNER: SEAN O'R Reference staff report 8.26.02, with ^-ttarhments. CP Monroe presented the report, reviewed criteria and Staff comments. Commission had no questions of staff. Chair Keighran opened the public hearing. David Mani, property owner 826 Alpine Drive, spoke noting that he wished to clariff, there is evidence in the city files that the addition to the garugewas built n 1952, the question is when was the in-law unit built; there was a building permit issued for the addition to the gara$e in 1952, the house was built in 1948; his parents purchased the house in 1978, in 1991 the second unit was completely remodeled including upgrading the sheet rock, electrical and plumbing; he showed evidence of the original plumbing which showed "T" lines for hot and cold water and gas, extending into the garage addition; also showed pictures ofwhat remained of the original electrical wiring; the addition to the garage is removed from the house, they may have called it storage when it was built but why did they add the second cold water line if they did not intend to use it for a second urit. Feels that amnesty should be forgiveness from the government, city needs affordable dwelling units, city condoned second dwelling installation at one time, he only wants to bring this unit up to code. Commissioners asked: what city document do you refer to that shows the garage addition being made in 1952? County Assessor's record for the property. CP Monroe noted that the city has the hard copy of the 2 3a. City of Burlingame Planning Commission Unapproved Minutes August 26, 2002 San Mateo County assessors records up to 1960 when they computenzed their system, a copy of the page is in the staff report and it shows that a building permit was issued for a 13' x 21' addition to the garage in September 1952. Is the unit you are referring to shown on the submitted plans, the dimension you refer to is not shown? Plans show in-law unit including shed area added by father later and also attached new addition to the rear for an office and a gym, if approved would remove the shed area and partially constrrction office and gym and put the unit back to its original 13' by 2l' long, garage area of 1952. Is this restored in-law area shown on the plans? No. Issue appears to be the plumbing, the Assessor's Report shows one fixture in the garage (a toilet?) where is the rest of the plumbing in the in-law unit? The installation of the in-law unit was illegal, suspect it was installed shortly after the addition to the garage was completed, the builder is now deceased. Commission asked Chief Building Offrcial Cullum to respond: in the original gura1e of 1948 construction there was a half bath at the right rear, when inspected saw some knob and tube wiring but in the addition all wiring seemed to be new in romex of a kind which was a material not used until the late 1970's; the only dated evidence on the site was a toilet dated 1991. When looked at as a whole the second unit appeared to be built after 1991; no evidence that the in-law unit was built in the l5 months between completion of the building permit for the garage addition and the December 31, 1953, qualiffing date for the second unit amnesty ordinance; a termite report prepared in 1973 for the sale of the house does not note the rear of the garage being used as a second unit, in fact indicated that the wall between the original garage and addition was open 50%. Commissioner asked about the age of the plumbing in the bathroom in the original garage. CBO noted that if the "T" were installed anytime close to 1954 itwould look old. Commissioner asked if the termite report noted a kitchen in the garage addition. CBO commented that the termite report noted that the wall between the original and addition to the garuge was open 50Yo,repair was needed to the window in the new portion of the garage as well as to the window in the original garage, the termite report did not show the door to the left side of the inJaw unit as existing either; generally a termite report identifies existing conditions, for example it noted damage under the kitchen tile at the sink in the main house. Commissioner asked if the "T" in the water pipes noted by the applicant could be explained by the addition of a washer and dryer in the garage. CBO said yes. Commissioner asked about the condition of the rest of the house, was it also remodeled in 1970's? CBO noted that he did not see the rest of the house. Applicant noted that the in-law unit was remodeled in 1991 when he moved into it in order to take care of his elderly parents. He lived in the unit 5 years giving care. He had a termite report done in 1998 when he purchased the house from his parents, the report did not identiff the in-law unit, it was caiffi garage. There were no further comments from the floor and the public hearing was closed. Commissioner discussion: feel that the facts presented by the applicant are not adequate to refute the CBO; evidence is gray in both directions; interesting Assessor's Report notes plumbing fixtures in 1948 but makes no mention in next years that there were plumbing fixtures in the in-law unit; it is the Building Department's role to determine the vintage of the second trnit, not feel personally qualified to date a unit, should follow staff s guidance; need housing, the purpose of the program is to contribute to the affordable housing stock in the city, program is going to be reviewed as part of the Housing Element work program, the review may include a change in the eligibility date, but not at this time. CBO was not able to look at photos provided this evening, would that be helpful. CBO noted that he felt that there was nothing to be added to his inspection unless the applicant had found a dated fitting. C. Boju6s moved to uphold the staffs determination that this second unit did not complywith the second unit amnesty requirement that it was built before January l,1954,because insufficient information had been submitted to refute the Chief Building Official's opinion. The motion was seconded by C. Auran. 3 5. 6. City of Burlingame Planning Commission Unapproved Minutes August 26, 2002 Chair Keighran called for a voice vote on the motion to uphold the staff s determination on the date of construction of the second unit. The motion passed on a 6-0-l (C. Brownrigg absent) voice vote. Appeal procedures were advised. This item concluded at 7:50 p.m. UPDATE RULES OF CURRENT PLANNING COMMISSION PROCEDURES This item was continued to the Commission meeting on September 9,2002 1108 CORTEZ AVENUE. ZONED R-l - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (LARRY AND VERONICA MORSELLO, APPLICANTS AND PROPERTY OWNERS; BRUCE BALLENTINE, ARCHITECT) (60 NOTICED) PROJECT PLANNER: CATHERINE KEYI,ON Reference staff report 8.26.02,with attachments. Planner Keylon presented the report, reviewed criteria and staff comments. Nine conditions were suggested for consideration. There were no questions of staff. Chair Keighran opened the public hearing. Bruce Ballentine, architect, 1109 N. Thomson Road, Lafayette, and Larry Morsello, property owner, represented the project. The architect reviewed the changes on the plans briefly. Commissioners asked about the material to be used on the outside of the structure. Applicant noted that it is called hardytoard, afabicated fiber-cement-wood material which will look like wood siding when painted, but is more durable and cheaper; the boards xe 318 inch thick and 8 inches high like real wood siding. Commissioner asked about the first and second floor plate height since it contributes to the over all height of the building. Applicant noted the first floorplate is 9 feet and the second floorplate 8 feet. There was discussion about the fluted corner boards and their proportional size to the battens. Applicant noted that they were 1 inch by 6 inches with a 2x plinth block at the bottom. Commissioner noted that a bigger comer board would read better because of the size of the battens; architect was concerned that I inch by 8 inch might look a little wide. Commissioner noted that the plate heights were consistent with recommended design guidelines and fit the style of this house, like the details added they spice up the design. There were no other comments from the floor and the public hearing was closed. C. Auran noting that the declining height encroachment was consistent with the design guidelines, moved ';i,v i esnlution to approve the application with the following conditions: 1) that the project shall be buitt as shownontheplanssubmittedtothePlanningDepartrnentdatestampedAugust l6,2\02,SheetsC-1,L-1, and Sheets A-l through A-3,site plan, floor plans, building elevations and landscape plan, with I inch by 8 inch fluted corner boards on all comers of the building with a proportional plinth block at the bottom, fluted garage corner boards to rernain at I inch by 6 inch; 2) that any increase to the habitable basement floor area and any changes to the size or envelope of the first or second floors, which would include expanding the footprint or floor area of the structure, replacing or relocating a window (s), adding a dormer (s) or changing the roof height or pitch, shall be subject to design review; 3) that the conditions of the Recycling Specialist, City Engineer, and Chief Building Official's memos dated Iluly 29,2002 shall be met; 4) that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 5) that prior to under floor frame inspection the surveyor shall certiff the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 6) that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height; 7) thatprior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under 4 City of Burlingame Determination of Second Dwelling Unit Address: 826 Alpine Avenue Meeting Date: 8126102 Request: Request that the Planning Commission review whether a secondary dwelling unit meets the requirements for the City's Second Unit Amnesty Program. Applicant and Property Owner: David Mani APN: 029-026-220 General Plan: Low DensityResidential Lot Area: 6,000 SF Zoning: R-l CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing facilities, Class 1(a), repair and maintenance or minor alterations of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. History: The Planning Commission reviewed an application at this address for side and rear setback variances for existing illegal construction at the rear of rhe garuge on July 22,2002. The Commission voted 6-0-1 (C. Vistica absent) to deny the setback variances (see attached P.C. minutes dated July 22,2002). The applicant has appealed this decision. At the applicant's request, City Council is scheduled to hear this appeal on October 21, 2002- The applicant wishes to pursue the determination regarding the second unit before he pursues the appeal of the Planning Commission's denial of the setback variances. Summary: In January 2002, the property owner, David Mani, applied for the City's Second Unit Amnesty Program to legalize an existing attached second unit at 826 Alpine Avenue, zoned R-l. Planning Department staffand the Chief Building Official, Fred Cullum, completed a site inspection on the unit on February 27,2002. The Chief Building Official's inspection showed that there was no evidence to support that the 390 SF second unit existed before 1954 and therefore, the unit did not qualiff for second unit amnesty. The inspection report by the Chief Building Official indicates that he was unable to find any evidence that this area was converted to a dwelling unit prior to 1954. It is his opinion that the garage addition was completed in the early 50's, but the actual second unit was not installed till the mid-to-late 70's. Please see attached inspection report. The property owner is requesting the Planning Commission review the decision that the second unit was installed after 1954. To qualify for the second unit amneslprogram, all of the following requirements must be met: o The second unit must be located in an R-l zone o The second unit must have been built before January 1,1954; o Required on-site parking shall be provided for the primary dwelling and additional parking for the secondary unit shall be at least one uncovered parking space, which may be provided in tandem to another existing parking space; o No more than two (2) persons may occupythe secondary dwelling unit;o An owner of the subject property shall reside in at least one of the dwelling units at all times;o The floor area of the secondary dwelling shall not exceed 640 SF; ando The secondary dwelling unit shall be able and made to conform to the requirements of the Califomia Health and Safety Code. This application for second unit amnesty came to us as the result of a "red tag" on construction being done without a building permit. The second unit was found to meet the criteria for size and parking. Since the second unit did not qualify for amnesty based on the date of construction, and City Planner determined that the second unit must be removed. This would include the capping of any gas lines and the removal of the sink and Item #4 Regular Action ltem Determination of Second Dwelling Unil 826 Alpine Avenue cementing of the sink pipes (see attached letter dated March 22, 2002). Under the Second Unit Amnesty Program, the Planning Departrnent does not generally require abatement of second units that do not meet the requirements. However, in this case the second unit was discovered as a result of illegal construction adjacent to the living area. Planning Commission Action: The Planning Commission should hold a public hearing. The action is a determination. The decision is whether the second unit meets the requirements for the date of construction of the Second Unit Amnesty Program. Margaret Monroe City Planner Attachments: Dave Mani, letter dated August 1,2002, to Margaret Monroe, City of Burlingame, re: Appeal - Second Unit AmnestyProgram Planning Commission minutes from the JrlJy 22,2002PC meeting Erika Lewit, ZorungTechnician, Memo dated March 22,2002to 826 Alpine Avenue File, re: code violations on property Erika Lewit, Zonrng Technician, Letter dated March 22,2002 to Dave Mani, 826 Alpine Avenue, re: letter to abate second unit Fred Cullum, Chief Building Official, Secondary Unit Inspection Report dated Febru ary 27 , 2002 for 826 Alpine Avenue Erika Lewit, ZonngTechnician, Letter dated Februxy 4,2002to Dave Main, 826 Alpine Avenue File, re: code enforcement of illegal construction and second unit Second Unit Amnesty Application Appraisal Report - Assessor's office - san Mateo county, cA dated July l, 1948 2 MBMO To: Margaret Monrog City of Burlingame From: Dave Mani 826 Alpine Ave. Burlingamg CA, 94010 RECE,YED AUG - 5 ZrJrJZ ''11ffi1'gggpi,, RE: appeal-Amnesty Program Date:8101102 Dear Margaret: Enclosed please find a check for $25.00 for the appeal process regarding the Amnesty Prograr4 and my inJaw unit at 826 Alpine Ave.. As you know, I am appealing two sepaxatg but inter-linked, situations. I would like to appeal the denial of my inJaw unit as it applies to the Amnesty program fust. The second situation is the variance for set -back of an addition to my property. The inlaw is the most important to me of the two situations. The reason it is primary to me is that a legal inJaw unit will increase the appraised value of my property without me having to build any additions what-so-ever. Ifthe denial ofthe in-law is reversed, and the inlaw legahzed, then I intend to take down the structure that started this whole debate in the fust place. As I explained to the Planning Commissio4 if I had known about the Amnesty Program before my attempt to build an office/gym addition to my property, I would have resolved the inJaw legality before ever attempting to build any addition. I have also sent a letter for an appeal regarding a variance set-baclg along with a check I realize the city has procedures, but, in my opinioq it would be redundant to appeal a situation that is only of concem if my in-law is not legal, and thus, becomes a simple bedroom. I would have appealed the inJadAmnesty decision months ago, if I would have been given the opportunity to do so. I was never notified that this was an optiorl or, at least, I never saw anything to this effect in my paperwork. and you fior your time and attention to this matter. A.9ra-- Mani 826 Alpine Ave Burlingame, CA., 94010 C@{Bwliigarie Planaing Corunisston Unapproveil l,finuta 1A 543CORBITI -zol\tEn AND AND STORY (ALFREDO LA[.,RAB PROJECT P SEANO 1B.BALBOA STORY SIN C.moved FORDESIGN FORA o ) (s6 based facts in report, in the July 22,2002 CANT TWO- NOTI and ofth€ in the with and by 2. resolution.on was Chair called for vote on the motion passed 7-0.proce&[es concluded :45 p.tr0. VIII. REGULARACTIONTTEM 826.ALPII\TE AYENT]E _ ZONED R-l - APPLICATION FOR SIDE AND REAR SETBACK VARTANCES FOR A FIBST FLOOR ADDnON (MARK ROBERTSON, APPLICANT AND DESIGNE& DAVID MANI, PROPERTY OWNER) (5I NOTICED) PROJECT PLANNEK SBAN O'ROTJRKE Chair Keighran opened the public hearing. Dave Mani, property owner, 825rA,lpine, apologized for trying tn do conskuction without a permit, he did nc$Unk that rcplacing and expanding a shed built by his frther and not visible from the sheet, was such a big deal; he provided d. ocumentation ofwork done previously by his father at the rear ofthe original garage, he noted that the in-law unit was added in 1952 but had been redrodeled a number of times including most recently ih 1984 so that there was nothing left of the 1952 improvements, therefore it did not qualify for amnesty; his second altemative was to treat the in law unit area as an additional bedroorL decided to make it a master bedroom suite with a gm area offof iB wanb to appreciate the value of the property. Commissioner asked where is the garage and room attached to the house. Applicant noted that the front side of the garage atd house ire attacbed for about 6 feet at the rear side ofth. e house, the mom is at the back of the garage and accessible only by going through the yard thrc only way to access the .room from the house would be to put a door in the rear wall ofthe garage and use the door from the kitchen into the garage. Commission asked about the hardship on the property for he2'9" rear setback Applicant noted that he is only replacing what is there, there is no other place on the property which makqs sense for this addition" will take too much yarrd, is located in a rear comer ofthe lot away from neighbors. C,ommission discussed with the applicant the possible uses ofthe room and possibility oftaking offthe shed area and replacing the original rear wall of the garage which appears to be about 13 feet from lhe rear property line. Applicant noted that he wished to appreciate the value ofthe property by adding to it, 2 FAMILY D _ZONED WNER; GANDD KEYLO FORA Reference staffreport 7.8.02, with attacliments. Planner Keylon presented the report, reviewed criteria and staffcornments. Four conditions were suggested for consideration Commissioners asked: can a room be rented in the single frmily zone, staffnot6d yes so loag as there. is no second kitchen in the house; iyhat' constitutes a kitcher4 staff noted a cooking elemen! will this hotse be inspected for the removal of the kitchen, staffresponded yes, a building permit will not be fnaled until the plumbing has been removd decommissioned or ernployed for some other use such as a bathroor& commission action can be so conditioned. There were no further questions from the Commissioners. bv c. City of Buliagane Planniag Conuaission Uupprovd Mihuta SPECTAL APPLICANT;GAITCTT DESI stalfrgport 7.8.02 ONAL AND July 22,2N2 wantod to make it family friendly. There were no furtlrer comments from tte floor and the public hearing was closed- C. Vistica excused hirnself fiom the meeting. Commissioner discussion: difficult to support this reques! cannot meke the findings required the addition would b€ close to the neighbor's fencr, ttere are othe: places on the site to build rhis exercise roorn, cannot supporg the existing room at the back ofthe garage could be used as a S@ catrnot see hardship on the propqty for the variance, other houses in the area are required to meet rear setbaclg once a variance is granted it stays wilh the property, would not be surprised if this area werc used as an in-law unit in the future, there are lots ofother ways to add a g1nn. C. Boju€s noted thSt there are a lot of ways to add a g5m to this property, in side the house, add bn to the existing house, add a second story, therefore a hanlship does noi exist on the property for this application and uoved to deny the application by resolution based on the facts presented in t[e record and the absence of hardship on the property, there are altematives. The motion was seconded by C. Auran Cornment on the motion: object to both the replacement of the rehabilitated shed and the additional construction of the gyrq concemed that if it were in a detached structure in the'reii yard could consider it with a conditional use permit; the code requires the primary shucture to have a 15 foot setback for the gym and office, does not me€q if applicant wants he can make a different proposal. Chair Keighran called for a voice vote on the motion to deny the request for si<le and rear setback variances. The motion passed on a 6-0-l (C. Vistica absent) voice vote. Appeal procedures were advised. This item concluded at 8:20 p.m. 3. 36ARUNDELRO -.2,o NED R-l -ON FOR R AN ACCES STRUCTI,]RE RAGE) (Ml how wide would roll up door be; in and out as a motor cycle; no roll up door about 6 feet no further discussion: PROPERTY O (68 reviewed and staff There no questions.F Minerva,and property represented toallow in the storage asked for of the the types of doors "storage unit" was so mrich space needed ofthe move large type ofdoor was since this a storage to keep clean and ofthe house.were RITA attachments. CP presented Four condi were suggested for Chair Keigbran the public project He he would bhange to the and he happy to answer existing and the need for applicant the existing shed 20 SF, the roll up willnnkeit fromthe and the public was closed. that this large can be built to rear property this is a large structure in a family a house could have SF in a garage J without a conditional permit and special and get the neede( could to from 35 C. up dooE were r ner rl'({lI rumtnr tlsslrtners B nol ranor neannt no noe PLANNING DEPARTMENT MEMO TO: FROM: RE: DATE: 826 Alpine Avenue Erika Lewit, Zoning Technician code violations on propertY 3.22.02 Property was originally redtagged by the Building Department for illegal work at the rear of the garage. Investigation showed that a legal addition, 30'-0" in length and l3'-0" in width, was done in 1952 at the rear of the garage. This information shown in the appraiser's report, although the length of the addition is reported to be 2l'-0". Per the Building Official's inspection, the original addition length was actually 30'-0". The red tag given by the Building Dept. for a l0'-3" x 25'-0" section being erected at the rear of thelg12addition, with a 3'-6" side setback, where code required 4'-0" anda2'-9" rear setback, where code required 15'-0". Further investigation by the Planning Dept. showed that there was a second unit on the property, in the 1952 addition. Property owner was informed that in order to apply for variances to finish construction of the adCltioa, the property would first have to be made conforming with regards to the second unit (see letter frbm Planning Department dated Febru^ry 4,2002). Property owner submitted an application for second unit amnesty. Building Official's inspection showed no evidence that the second unit existed before 1954 and therefore, the property did not qualiff for second unit amnesty (see Secondary Unit Inspection Report, inspection date February 21, 2002 and letter from Planning Department dated March 22,2002.) Second unit amnesty purview did not involve abatement of second units for which an application was received if they did not meet the requirements. However, in this case the second unit was discovered as a result of the red tag on the property. Planning Department determined that the second unit must be removed, including the capping of any gas lines and the removal of the sink and cementing of the sink pipes (see March 22,2002letter). Once unit is removed, owner can apply for the variances to have red-tagged addition approved. Ifthe owner chooses not to apply for the variances, the construction must be entirely removed (10'-3" x 25'-0" section atrear of 1952 addition). The City of Burlingame PLAI.IND,IG DEPARTME Tf crrY HAII 501 PRIMROSE ROADTEL (650)55&7250 BITRLINGAM4 CAUFORNIA 940IG3997FAX: (650)69C3790 March 22,2002 David Mani 826 Alpine Avenue Burlingame CA 94010 DearMr. Mani, Attached is the Secondary Unit Inspection Report for 826 Alpine Avenue. It is the determination of the Building Official that the second unit on site does not qualiff for the amnesty program; there is no evidence that the kitchen was installed prior to 1954. Itis notinthepurview ofthe SecondUnitAmnestyProgram to abate secondaryunitsthatdonotqualify for the program. However, in this case the application for amnestywas zubmitted as a direct result ofthe Red Tag (stop work order) issued by the Building Department to the property for illegal consfruction. Therefore, the following items must tre done o{r-the propertyto avoid code enforcement action bythe CityAttomey's office: 1. A permit must be obtained from the Building Deparhnent to remo've the kitchen sink and the gas line in the 30'-0" x 13'-0" area behind the garage; removal of the kitchen sink includes filling the waste line with concrete or an equivalent material and removal of the gas line includes capping ofr the line behind the wall or floor; and 2. An application for a variance for the illegal, Red-Tagged, partially constnrcted l0'-3" x25'-0" addition must be submitted to the Planning Deparfinent. In the event that the variance application is approved, a permit must be obtained from the Building Departrnent for the construction of the addition; or 3. A dernolition permit must be obtained from the Building Deparment to remove the illegal, Red- Tagged 10'-3' x25'-0" addition partially constructed at the rear of the lot. A refund of the remaining fee for your Second Unit Amnesty application is currently being processed. Please submit for the required permits in the Building Department or Planning Departlent by April 12, 2002. Permits issuedbythe BuildingDeparfinentto eliminatethe sinkandgas lineinthe secondunitor to demolish the Red-Tagged construction must be completed by May 17,2002. If you have any questions, you can contact me at 65q 558'7252. Sincerely, Erika Lewit ZonngTecbnician dJ"*d,-* SECOI\DARY T]i\tIT INSPECTION CITY OF BI]RLINGAME Address: 826 Alpine Avenue Inspection Date: February 27r2002 Note: Inspection was performed to check for compliance with the minimum requirements of the State Health and Safety Code Secti on 17920 and to determine whether the unit was in place prior to 1954. The Health and Safety Code provisions assure minimum levels of safety and health of occupants but do not imply compliance with current State Code requirements for the structure or its systems, current energy conservation standards or any local zoning ordinances. Brief Description of Unit: Unit occupies space in an addition to the rear of the original garage. The garage addition was done in 1952 under permit, but the dimensions exceed those indicated in the old assessor's appraisal report. The unit is a two-room apartnent with a full bath and kitchen with gas range. The unit is approximately 390 squrlre feet in area. lnspection Results: I see no evidence that this area was converted to a dwelling unit prior to 1954. The older wiring in the garage addition is knob-and-tube, appropriate to the 1950s in this area, while the wiring for the unit's outlets and fixtures are a much more recent installation of non-metallic-sheathed cable. The windows in the unit have been replaced (without building permit) to vinyl framed slip-ins. The foundation stemwall is exposed in the unit as is customarily seen in garages. The toilet was manufactured in 1991, and is most likely contemporary with the rest of the remodeled area. There is no plumbing vent on the kitchen sink, which violated the plumbing cade at the time of the sink's installation and the range hood is a ductless, filtered unit not available prior to the late lg70k.''f ' In my opinion, while the garage addition was completed in the early 50's, the unit was not installed prior to the late 70's, but most probably in 1991 or later. Recommendations; Remove the kitchen sink and the gas line supplying the range. Permanently fill the kitchen sink waste line with concrete or equivalent material. Procure permits for this work as well as all electrical work in the addition and call for inspection of that wiring. Cullum ICBO Certified Combination Dwelling Inspector #1315 ICBO Certified Plans Examiner #76774 The City of Burlingame PI.ANNING DEPARTMENT CTTY HALL 5OI PRIMROSE ROAD BURLINGAME CALIFORNIA 94010'397 TEL: (650) 5sE-7250 FA)(: (6s0) 69637q) February 4,2002 David Mani 826 Alpine Avenue Burlingame CA 94010 DearMr. Mani, Attached is the plan check for the second unit amnesty applicationatS26 Alpine Avenue. A Red Tag was issued on November 19, Z00i to the stnrcture being built at the rear of the second unit on the property. This structure is considered an extension to the existing second unit. You have the following options to resolve the code violations on the property at826 Alpine Avenue (refer to page 2 of the plan check): l. To continue withthe secondunitamnestyapplication, youmustremove the RedTaggedworkattherear of the propertg or 2. To retain and legalize the Red-Taggedwork atth-,e rearofthe property, you must remove the secondunit (kitchen and bath) and aprry for the necessary permits/ variances for the addition; or 3. you can remove the second unit (kitchen and bath) and remove the Red-Tagged work at the rear of the property. please contact me by March lr2002,to inform me of the course you wish to pursue. Demolition permits will be required by the Building Department to remove any work on site. If you have any questions, you can contact me at (650) 5s8-72s2. Sincerely, Erika kwit ZnningTechnician c. Mark Robertson crry oF BURLTNGAME PLANNTNG DEPARTMENT 501 PRIMROSE ROAD P(650) 558-7250 F(650) 69G3790 Project Parcel Number: APPLICATIT PROPERTY OWNER Phone u1, i{,/t -l'1/-A l;-ir Please indicate with an asterisk * the contact person for this project. AI'I'ADAYITISIGNATURE: I hereby certiff under penalty of perjury that the information given herein is true and best of my and belief. Applicant's I know about the proposed application hereby authorize the above applicant to submit this application to the Planning Properly owner's Date Note: Property owners and applicants will not be penalized if the second unit on the property does not meet the amnesty requirements. RECEI,VED JAN 1 7 ?OOZ CITY OF BURLINGAME PLANNING DEPT. SECOND T]NIT AMNESTY APPLICATION CitylstatetZip: Phone (w): Date: z (3, " t t87,,I kkt/ t,YALLT €34fi7fbck coNolTtoN toR PITCH Yg.lz( - fr/nrn,"ST pae s.rt.o r guil.DtNc / {# ExcAVATEoE GhADE LEVE.-E lLgS coSt 7i)cooo ear,ua.' AASEMENTGAf,AO€ 4r? x 134zr ? <l.r trooRs /* oy'"'"H!'o wALLa rt - '3 BooF{7tttr n e.altto --r?-r'+rLOOR ZrlrrPda,t/2 GARAGEG ra /6C /o2.) YSIF Dutt't GOOD MEDIUMotr FgORtr NEvl, .p!l* FutwrrdrsAL. AND EGoNoM rc or:FEcrs\. ,lA aa -aa TOTAL 7L.f+/ zoNr!{G APPRAIAEOLer,atzE .t.'nl'' .r"li. ;il: t' i'lrai:*.' i5t i,: 't'; I NG FIXTURES NO- . 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'"'-*" .t. . . .:lr-;.t "'--*fqfu-- ;"d,1## " ',; ..t .'t'"1 .,:1, FIEc @#,fliui**$;r 825 AIPINE AVENUE APPeal of a Planning Commission deEerminafion on whether a second unit i.r"iiii"" roi tt'" second unity Amnesty program at 826 Alpine Avenue' zoned R-1' laplr, 029-026-22o) The CitY of Burlingame CitY Council announces the following public hearing on 15 2002 at 7:00 P.M.tshe Ey HaI1 Council Chambers located at 501 Primro se Road, Bur,lingame , California Mailed SePtember 6' 2oO2 (Please refer to other side) CITY OF BURLINGAJI4E A copy of the to the meeting Burlingame, If you raising , described at or prior Property tenants 558-7250. Margaret City Planner PU CE PUBLIC HEARING NOTICE be reviewed prior Primrose Road, be limited to hearing to the city their call (650) CaLlro xrA. (Please refer to other side) I )x-T>.on)' S ft^,Q/.^4 I f- I I i t,,A l"..rt- ,L 1- r 3 - o z- LL4le t-rv Fa*l*/*Ar^- tlh*l{/L A*,L w W p-il*, To: Ann Musso Burlingame City Council From: David Mani 826 Alpine Ave., Burlingame RE: Amnesty Appeal Date: 091 13102 RECEIVED 8,'#8iilfii,'$[[]fiE A-,"* k*1r4 f"-iu-l.L Dear Council Member Musso, Enclosed is a preview package regarding my Amnesty Appeal. I would also be delighted to have you see the property for yourself So I am inviting you to come on by this week-end, if you can find the time. I can be reached at 650-347-6123. Just let me know when you might be available, and I will be there to greet you. Thanks so much. I A-1<- David Mani und for Amnesty Ap aI,826 Al Ave., Burlingame My name is David Mani, and I am the property owner of 826 Alpine Avenue, Burlingame, CA., 94010. I am scheduled to appear before you at the City Council meeting Monday, September l6s,,2OO2. I wish to appeal my Denial of Amnesty regarding an inlaw unit located on my property. This package has been prepared for you in the hopes that you will preview the contents priorio the Council meeting September 16ft. The enclosed photographs, an independent finding by Lindstrom Plumbing, and subsequent observations, are being presented to enable you to clearly understand and evaluate the extent of my evidence substantiating the existence of my inJaw unit, with kitchen and battr, prior to 1954. First, I believe a little background information is in order. Why an Amnesty Program in the first place? Burlingame inJaw units, both legal and illegal, became prevalent during, and after, World War II. Kaiser built a large steel company in South San Francisco for the war effiort. From this, and the enormous population migration to the West Coast after the war, created the Peninsula's need for affordable housing. Burlingame condoned and encouraged the building of these in-law units for these very reasons. It is my understanding that the Amnesty Program was established to bring applicable pre- 1954 Burlingame in-law units up to current housing codes, and safety regulations. The overall benefit is an increase in affordable housing for the City of Burlingame. Current applicable "illegal" in-law units may also be "legalized" if found to meet the criteria set out by the Amnesty Program. The major pre-requisite for an inlaw unit to be granted Amnesty, basically boils down to evidence substantiating the existence of a kitchen in the unit prior to 1954. How can the existence of a kitchen be proved? l) City Assessor Reports, dated prior to 1954, indicating a legal in-law unit, with kitchen, as part of a given properry. If this report is not available, then... 2) Inspection of the actual in-law unit by a City inspector, to determine if an inlaw kitchen existed prior to 1954. Bathrooms, for some reason, are not part of the equation. The inspector would be looking into a) the in-law kitchen itself. b) electrical wiring in the walls of the inlaw kitchen of the type commonly used pre-1954. c) original undisturbed plumbing associated with pre-1954, especially if a date can be found cast into the cast iron plumbing pipes. d) construction techniques peculiar to 1954 and earlier, such as foundation, roofing, windows, doors, etc.. 3) At first glance, this all seems rather straight forward. But I have run into the following problems: a) Burlingame City Housing Records , during the pre-1954 era, have been found to be missing, vague, or inaccurate. b) Many Burlingame property owners have remodeled their in-law units, legal or illegal, with or without permit, once, twice, or even three times over the past 50 year period What if the inJaw kitchen was completely remodeled after 1954, to include new sheet rock on the walls, new electrical service, new plumbing, fixtures, and all the rest associated with a remodel? What would an inspector look for under these circumstances? Primarily, inspectors would be looking for supporting evidence of "original" undisturbed plumbing, possibly with a date stamp, original pre-1954 gas lines, pre-1954 electrical wiring, etc.. Inspection of the actual structure itself could also lead one to believe that the construction was consistent with the rest of the dwelling, and of the period. It needs to be mentioned here that manufacturers of cast iron plumbing pipes, of the type used at 826 Alpine, typically did not stamp dates onto, or into, the metal of their pipes. So this leaves us with the problem that without a verifring Assessor's Report, and/or an un-remodeled 48 year old kitchen, how can anyone truly prove the existence of a pre- 1954 kitchen? This is exactly why I feel I am being unfairly denied! 826 Alpine, Burlingame, was built and completed in 1948. An addition was added in 1952, behind the existing garage, according to an Assessor's Report found in the Burlingame city files. By 1973, when the property was sold to my parents, Amedeo and Nancy Mani, a kitchen and bath had been illegally added to the "addition". Shortly after my parents purchase in 1973, an 8 x 10 ft "workshop" was added (without permit) to the AI Overview & Su rti Docum back of the "in-law" unit. In 1991, the interior of the in-law unit was completely remodeled, without permit, to include new electrical service, some copper plumbing upgrades, new sheetrock, relocation of the kitchen sink with new cabinets and fixtures The purpose of this remodel was to allow me to move into the unit to care for my ailing parents. I purchased the home from the Mani Trust in 1998, after my parents passed away. In 2001, the 1973 "workshop" was in severe need of dry rot repair, so I demolished it, and construction of a larger, second structure was initiated to take the place of the demolished workshop. Both demolition of the "workshop", and the new construction were performed without permit. The new construction was "red tagged", afler a noise complaint, in December,2OOl, and work stopped. During the "red tag", the illegal in-law unit was discovered by city inspector's, and the following ultimatum was given to me by the City of Burlingame. apply for Amnesty Approval for the in-law unit, and remove the existing new construction; or give-up the possible legalization of the in-law unit, remove the kitchen, and ask for a "set back variance" from the Planning Commission to allow the completion of the new construction. The "set back variance" was denied by the Commission, and the City found the "in-law" unit not applicable for Amnesty approval. On August 26,2002, I appealed the Amnesty decision to the Burlingame Planning Commission, and again was denied Amnesty approval. An appeal to the Burlingame City Council is scheduled for September 16, 2002. A Demolition Permit was issued to me by the City of Burlingame on Sept 10,2002, to remove the "red tagged" structure. Demolition was completed Sept 12, ZOOZ. Evidence Su lied For Amn roval 1) Placement of the inlaw unit on the property footprint-detached from the main house, located behind the garage. 2) Photo documents , taken by myselfl showing original, undisturbed plumbing, to include gas line, hot and cold water, and "knob and tube" electrical ail teading.to the in- law unit. The photo's also show the original plumbing and wiring above the present ceiling of the in-law unit. 3) Close inspection of the construction of the roof above the garage and inJaw unit disagree with the Assessor's Report from 1952. The roofingionslruction ind.icates that the addition was added in 1948, as part of the original construction of the house. A majority, about 75%o of the roof s sheathing lx 10 inch x 16 foot planks, run continuously I from the garage into the in-law area without any saw cuts what-so-ever. Assuming the garage roof had been completed in 1948, and an addition added in 1952, all the roof sheathing planks associated with the garage roof would have been cut offat the point of the "seam". I found 75o/o of the sheathing planks uncut at the point where they pass over the "seam". The only possible explanation for this, is that the 1948 garage roof was framed without any "addition" as part of the original plans. The roof framing was then changed to accommodate the "addition", while the few rows of sheathing that had already been applied were cut at the point of the "seam". The remainder of the now "twice-as- long" garagelin-law roof was completed as original construction. 4) If item #3 above is true, then the plumbing at 826 Alpine, including the lines to the in-law unit, which appear to have never been altered accept for the 1991 remodel, would have been installed in 1948, not 1952. 5) The 1952 Assessor's Report showing the "addition" also contains major mistakes, and is of little use. For example, the "addition' is shown as measuring 21 feetx 13 feet, when in reality, it is actually 31 feet x 13 feet. In 1948, during a period of intense construction of new homes, at a time when affordable housing in the form of in-law units was prevalent, what was the intent and purpose of adding a detached (from the main house) "addition" to 826 Alpine, if it wasn't to be an inlaw unit? This unit has existed for as long as Mani family have been associated with the property, Frankly, considering the spirit of the Amnesty Program, I am shocked that I'm being asked to remove it. David J. Property 826 Alpine Ave., Burligame, CA., 94010 --^>/./ ) ,/oo,urvG 4r /Saa( alatt oF -fr/utA) 7i*Z 6;t,aCE E4/rre4,.\/ctz L a -EI a\ I I I tl ll .ff F I a8.!rE&[gts!'o I I *-n f. --+> ,1, ,4of tA/AdR Hor4ffttD /o *-* + @45 rt S.,ffi at fo I **T w - *-V t' --"'-' WI l$i lffi"t LIast T i <.-GASfblAlr/ I @s r#iisa --->. E. t I 1 r/ I I II -.r' !ffi { 6 --> -f.VUtvl ,L &$) 614& *-v -* c4S ---* ,//uld,h l*',fo l,! I rLw. --t I ) -i+ \ -1 0 .a b. -::1Q1,* t € ! *9, II.,ilfE E'ts EEE E '4.t;tJ =--_- I I t , , II ./I L /lvf ,L --> .-_>>HofN4|EK __>oR) e- Fr?E I ..- t - .,1 i I 1 I I [ 'u ] ?. ['' ' E', Er I ,, {,'1, lkrr---,3r-. - 1 * ,. g,l t tl ? Fsr w{r€.2 *;r t { /%*.ffi.w E t ,f \ - n z ./ L. [}. 7 w i- 7 D t -a - Eae'-ITI E- t ) 1Ii I ,1, rr? l ,1, I \\ !t-..- ail ,lr- +_x__,\*i g h t - Er&r":fr3i- / \: -.' G:ry x+ oRt6 €t"w '.1, t t t r \ -L-a + a E, i -r- !T ',1, oRt6&45 LINE' "ega-l ,.{ t" ,t I BAT}I Y VEtT-+ ; Hrcilrt1\'4(r t, \}- aE L.L.-L. I L.{ I *; b T .,_T \ \ - lr.lst {F l/ // otu(, VENf l{otE, VENI- --+-BAiX t}, oRl& G4SL\NB J, oR rG64sLlNE +'o' galGf,s . lg$ / KIK*fl{ua(r l/ $ It I VENTDfrt I 3 , q , aAc E ?,,6 T I-I. 7, t;AiIIilHrt ?l \ \ l--r-*- '44/*d \ I br I l I C t E l-- ORIG Ootd tr\ L l(?,f il Y I Sq ,l Eit ,1tr & C i I oR\6 64St] F\E FOR .SrclfE 1+ fl \d OR\GF'Pa rcH -l1ur",z --* ->- ORIG Ei-Ec FoR,5uw t ) I .!l; L)/VCa / 's/*?*ANCAi siliAlfoi?tG sfiEarftGA@ @ @@o@ J,1411 .A)/E /\t Cur47 JEa*1 /[\ $ ! //l*4 olerei€ I )-,/ s,I F= E I ,, ,tr J / - , - 2-{ '1I \? - D "'.- -lh,- II \ - \ -+s81t4 LINE I -:.qir- Ebait -.:i.-:! {t I ,l ,Jtt aaka I rl'l,t II SEArYuNt -_-_>? //,,/ trnquE € If- =--.-___ i - -::i, ar a I -t 3I I U^/atf ' 9147,{I @ @ I T r .v l{Il - - - --..-- .i.' *r;.j try$ Tt- I u-":-:= I I L I t\!3 l KUt-r LU t53kl s{f :j '+5AE A-q/ 16/42 @3 r '35pm P . AAI- i:!:l rct-t9 A /.\I I n i r t f r r B 4 t ,tr^a t f, tL I 11 L{/ fl ffi {-l,rtr1 t* LJ., l1;i BAVSWATE{t AVt:}.rt,,(: f -iA\.1 l!-4,1.1ir-!. C}1 !+44ili ! P 1('.r.1;: i4i il 343 4ir4.? Septerber 16, 2002 Mr. Darrid l'h:ti 826 Alpine Avem-re Buriingane, Ca 9401+ Dear 1,1r. l4ani, 'r,{ith refererrce Eo ycnrr resiclance ar 826 Alpine Ar,naRre, &rr}ilgarre Ca, I hawe physiealiy inspected the larmdr,v sink arrd all pha:rbing originating aE the hor warer ireater a:d leadirg to the rnain house and in*late u"ri-t, as i're-i l- as rhe 3as 1ines anrcl have fc,rmri thsn all to be original il their dateof insraliat-ion; nrli:sit 1ike1y installed r.i:en rJ:e h<me r..as built- Tn checkir-rg rhe oieb:::es .sr:.oplj-ed by I4r. lllarri: it appears tlrat f-here has bem no nsnr work dcne, or perfortned, to t*te roof as yctr can see r}re old style 'hob and tube" elecrrical iines througlr the roof rafters for the srtire latgth of rite garage/in-1aar roof . if ;rou have any firther questicrrrs or concerns, please ccfntact np at che ^CC: ^^UI!ICE. A1 Petriac E'nrmrrr lrllLrDLrr-/t:i v{-r. r J.Lrr.tuJJ-LtFr lt l,/-a{- sTnTi: i. r{l hr(f 2445()cifiA4( lalEl l,rir--ntr[!FQA r f'a]il-T]tacT,]R\ llt iF f\\ * ..r I D )i :t li t' :: l. ..') t,..' 1 L -r-\!lII Irll t t -:->-.r '-*tI '' --_ L-I . t,, ,i1g I fllfi,l YIl.r""*< To: Cathy Baylock Burlingame City Council From: David Mani 826 Alpine Ave., Burlingame RE: Amnesty Appeal Date. O9l l3lg2 L ilF,* tt)A,o W")-- CTY cffY Ar'r^-ved&)- CEI sff 1 z ifr8? CLERK'S OFFICE OF BURLINGAME Dear Council Member Bayloclc, Enclosed is a preview package regarding my Amnesty Apped. I would also be delighted to have you see the properf for yourself. So I am inviting you to come on by this week-end, if you can find the time. I can be reached at 650-347-6123- Just let me know when you might be availablg and I will be there to greet you. Thanks so much. David Mani I Background for Amn esty A 826 Atpine Ave.,Burlingame My name is David Mani, and I am the property owner of 826 Alpine Avenue, Burlingame, CA., 94010. I am scheduled to appear before you at the City Council meeting Monday, September 16-,2002. I wish to appeal my Denial of Amnesty regarding an in-law unit located on my property. This package has been prepared foryou in $e hopes that you will preview the contents prior to the Council meeting September l6e. The enclosed photographs, an independent finding by Lindstrom Plumbing, and subsequent observationq are being presented to enable you to clearly understand and evaluate the extent of my evidence iubstantiating the existence of my inJaw unit, with kitchen and bath, prior to 1954. First, I believe a little background information is in order. Why an Amnesty Program in the first place? Burlingame inJaw units, both legal and illegal, became prevalent during and after, World War tr. Kaiser built a large steel company in South San Francisio for the wareffort- From thiq and the enormous population migration to the West Coast after the war, created the Peninsula's need for affordable housing. Burlingame condoned and encouraged the building of these inJaw units for these very reasons. It is my understandin_S that the Amnesty Program was established to bring applicable pre- 1954 Burlingame inJaw units up to current housing codes, and safety..grtutionr. The overall benefit is an increase in affordable housing for the City ofBurlirg*" Current applicable *illegal" inJaw units may also be "legalized" if found to meet the criteria set out by the Amnesty Program. The major pre-requisite for an in-law unit to be granted Amnesty,. basically boils down to evidence substantiating the existence of a kitchen in the unit prior to 1954. How can the existence of a kitchen be proved? l) City Assessor Reports, dated prior to 195{ indicating a legal inJaw uniq with kitcheq as part of a given property. Ifthis report is not available, then... 2) lnspection of the actual in-law unit by a Crty inspector, to determine if an in-law kitchen existed prior to 1954. Bathrooms, forsom-e reason, are not part of the equation. The inspector would be looking into. a) the in-law kitchen itselfl b) electrical wiring in the walls of the in-law kitchen ofthe type commonly used pre-1954. c) original undisturbd plumbing associated with pre-1954, especially if a date can be found cast into the cast iron plumbing pipes. d) construction techniques peculiar to 1954 and earlier, such as foundation, roofing windows, doors, etc.. 3) At first glancq this all seems rather straight forward. But I have run into the following problems: a) Burlingame City Housing Records , during the pre-195 4 er4 have been found to be missing, vaguq or inaccurate. b) Many Burlingame property owners have remodeled their inJaw units, legal or illegal, with or without permit, once, twice, or even three times over the p*t so year period. what if the inJaw kitchen was completely remodeled after 1954,to include new sheet rock on the walls, new electrical servicq new plumbing, fixtures, and all the rest associated with a remodel? What would an inspector look for under these circumstances? Primarily, inspectors would be looking for supporting evidence of "original" undisturbed Pl-ulbing, possibly with a date stamp, original pre-1954 gas lines, pr"-1lS+ electrical wiring, etc.. Inspection ofthe actual structure itself could also lead- one to believe that the construction was consistent with the rest of the dwelling, and ofthe period. It needs to be mentioned here that manufacturers of cast iron plumbing pipes, ofthe type used at 826 Alpine, typically did not stamp dates onto, or into, the metai of tfreir pipes. So this leaves us with the problem that without a verifiing Assessor's Report, and/o. a, un-remodeled 48 year old kitcheq how can anyone truly prove the existence of a pre- 1954 kitchen? This is exactly why I feel I am being unfairly denied! 826 Alpine, Burlingamg was built and completed in 1948. An addition was added in 1952, behind the existing garage, according to an Assessor's Report found in the Burlingame city files. By 1973, when the property was sold to my parentq Amedeo and Nancy Mani, a kitchen and bath had been illegally added to the'idtition". Shortly after my parents purchase tn 1973, an 8 x l0 ft "workshop" was added (without permit) to the AI Overview & Su Documen back of the "in-laur" unit. In 1991, the interior of the in-law unit was completely remodeled, without permit, to include new electrical service, some copper plumbing upgrades, new sheetroclg relocation of the kitchen sink with new cabinets and fixtures. The purpose of this remodel was to allow me to move into the unit to care for my ailing parents. I purchased the home from the Mani Trust in 1998, after my parents pug"a away. In 2001, the 1973 "workshop" was in severe need of dry rot repair, so I demolished it, and construction of a larger, second structure was initiated to take the place of the demolished workshop. Both demolition of the "workshop", and the new construction were performed without permit. The new construction was "red tagged", after a noise complaint, in Decembeq 2001, and work stopped. During the "red tag", the illegal inJaw unit was discovered by crty inspector's, and the following ultimatum was given to me by the City of Burlingame: apply for Amnesty Approval for the inJaw unit, and remove the existing new construction, or give-up the possible legalization of the inJaw unit, remove the kitcheq and ask for a "set back variance" from the Planning Commission to allow the completion of the new construction. The "set back variance" was denied by the Commission, and the City found the .'in-law,, unit not applicable for Amnesty approval. On August 2,6,2002, I appealed the Amnesty decision to the Burlingame Planning Commissioq and again was denied Amnesty approval- An appeal to the Burlingame City Council is scheduled for Septembei 16, 2002. ADemolition Permit was issued to me by the City ofBurlingame on Sept 10,2002,to remove the "red tagged" structure. Demolition was compleied Sept 12, zoo2. Evidence Su For 1) Placement of the in-law unit on the property footprint--detached from the main housg located behind the garage. 2) Photo documents, taken by myse[, showing original, undisturbed plumbing, to include gas linq hot and cold water, and "knob and tube- electrical d reaainiio the in- law unit. The photo's also show the original plumbing and wiring above thelresent ceiling of the inlaw unit. 3) Close inspection ofthe construction of the roof above the garage and inlaw unit disagree with the Assessor's Report from 1952. The roofingionstruction indicates that the addition was added in 1948, aspart of the original consiruction ofthe house. A majority, about 75Yo of the roofs sheathing lx lOlnch x 16 foot planks, run continuously from the garage into the inJaw area without any saw cuts what-so-ever. Assuming the garage roof had been completed in 1948, and an addition added in 1952, all the roof sheathing planks associated with the garage roof would have been cut offat the point of the "seam". I found 75Yo of the sheathing planks uncut at the point where they pass over the "seam"- The only possible explanation for this, is that the 1948 garage roof was framed without any "addition" as part of the original plans. The roofframing was then changed to accommodate the "addition", while the few rows of sheathing thai had atready been applied were cut at the point of the "seam". The remainder ofthe now "twice-as- long" garagefin-law roof was completed as original construction. 4) If item #3 above is true, then the plumbing at826 Alpirre including the lines to the in-law unit, which appear to have never been altered aciept for the l99l remodel, would have been installed in 1948, not 1952. 5) The 1952 Assessor's Report showing the "addition" also contains major mistakes, and is of little use. For example, the "addition' is shown as measuring Zl feitx 13 feet, when in reality, it is actually 31 feet x 13 feet. In 1948, during a period of intense construction of new homeq at a time when affordable housing in the form of in-law units was prevalen! what was the intent and purpose of {9ing a detached (from the main house) "addition" to 826 Alpine, ifit wasn'f to be an inlaw unit? This unit has existed for asiong as Mani family have been associated with the property. Frankly, considering the spirit of the Amnesty Progra4 I am shocked that I'm being asked to remove it. David J. Property 826 Alpine Ave., Burligamq CA, 94010 Z*urrg /r /slk a/,att o,c -fr/aaa) /i*a €-t,aar 5:47rs47lcE i li;:l a :' al i_- |-'t';t; i]! -' en-n;*fC' fl':l I j I .l I ; I : I I I I I I ,i i !:f,f: ?/ofvAffi +to f,(1.r4\,(/ lC);-*,rrt \^/ -zfo i, \ o -6 .:. -;;-i l t f, I :1i I - .:t.:;i-i . ,,i-:. ..--- \:'-, 4. .. ii;irfi .r{!:5;ii€ir <_GAS-'i2alv lAv./ ,L coo) 6,i478< t) + ^_> r b, *-> c4S ,//ctt4 ,b EBG .'-'-:;*-.5, ,.. ...I ? II\l'lc.\{\1 \\ -__>- , ,a-' .:i' ::,fr' '., . ... Pnt;;' _ .'_:. :.. G i. I I .b. .)a :1.;.'S.: +j a- f;v .a "-';.-FE= ' ::.- f fF- -- I t:*l:.. I //Df {, ,i ..--> .*->>HoTN.4ER,, T,, --+-oR)a Ft?E , +-r$ i fi .l : \I I t ;. J I I i i, :.\ ' r, .1: t l.t 4 .lq:.' q : r- € t a s --a I t i j:!l I 1 i ...: ..l-,-l'- t ! 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L:3:;,:ii:-i*LgE*i!iia'' r 4rc:#::r_ :\ ,i,.!I Ii'i / I -... _-..-:::1.--,-. - ,.:;-:-',1 -- i,.:": .: { =:.....:r, :'=-H-j *:i1i=-. _ !'-}i}!EtS; : -=i:,=:r.= i_:: !-j-:_t I,--4!- l -::-=:"rr'-'! .:J i --: I i -:-- f.- ;,:.,-: -- n t,: ;: _-.'-'._'.-::::--_j - - s .i : r -.- ':--:. - I -.-:.*: _ :.-i t: ' _ : _":g'rttg_:i SEAP|-'UAIE' ,-, :1 aI , Itr r,,.) , o *, ---- fl eji., L_. Ot ch,{arj tJ i -r.... ,--,i{ :-,{-,_:e.j'::- . -...'l: _- -.-.., ... , t EE "-1,'. ._t: t: ffiae' rB I ds r'\ STAFF REPORT AGENDA 5b 9t16tO2 HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BYSeptember 6,2OO2 APPROVED ORDINANCE O F THE CITY OF BURLINGAME ADOPTING AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 36937 FOR NO PARKING ZONES ON CARMELITA AVENUE FROM CALIFORNIA DRIVE TO EL CAMINO REAL AND FOR ONE- HOUR PARKING ZONES ON PRIMROSE ROAD FROM BELLEVUE AVENUE TO FLORIB UNDA VENUE Chapter 13.36.02A -'No Parking During Specified Hours,,: The amendment codifies parking prohibitions on Carmelita Avenue between 7 AM and 9 AM on the south side of the street, and 4 PM and 6 PM on the north side of the street. These restrictions facilitate smoother traffic flow along Carmelita Avenue between El Camino Real and Califomia Drive during the morning and afternoon peak commute hours. Chapter 1 3.36.030 -'oOne-Hour Parking": The amendment codifies the one-hour parking restriction on Primrose Road between Floribunda and Bellevue Avenues. This restriction improves the parking tum-over rate in the area. No community noticing or Traffic Safety and Parking Commission hearing was necessary since the parking restriction signage was installed many years ago. Staff is requesting that this ordinance be adtpted as an grgency ordinance since the signage already exists. ITEM MTG. OATE TO: DATE: FROM: SUBJECT: PUBLIC WORKS BY RECOMMENDATION: It is recommended that the City Council adopt an urgency ordinance designating No Parking During Specified Hours (7 AM to 9 AM and 4 PM to 6 PM on any Aay except Sundays anA nonaays; on the south side and north side of Carmelita Avenue from Califomia Drive to Bt iamino Real, urra a.rigrating Cine-Hour Parking on Primrose Road from Floribunda Avenue to Bellevue Avenue by: l. Requesting the City Clerk to read the title of the proposed urgency ordinance;2. Waiving further reading of the ordinance;3. Adopting the proposed ordinance by at least a four-fifths vote. BACKGROTIND: Police and Engineering staffnoted that the existing parking restrictions on Carmelita Avenue and Primrose Road are not specified in Chapter 13.36 ofthe Burlingar;e Munic-ipal Code. The attached ordinance corrects these omissions. DISCUSSION: The Police and Engineering staffis requesting this ordinance to correct omissions and to accurately reflect the current parking signage and enforcemeni on portions of Carmelita Avenue and primrose Road, as follows: Parking Restrictions - Carmelita & primrose.wpd Staff Report September 6,2002 Page2 BUDGET IMPACT: There is no impact on the current Public Works Maintenance budget as all of the signage for these restrictions is already in place. E)GIIBITS: Ordinance Chou, TrafEc Engineer 558-7230 cc:City Clerk Police Department TSP Commission Parking Restrictions - Carmelita & Primrose.wpd I 2 aJ 4 5 6 7 8 9 l0 11 t2 13 t4 15 t6 l7 18 t9 20 2t 22 23 24 25 26 27 28 ORDINANCE No. ORDINANCE OF THE CITY OF BURLINGAME ADOPTING AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTIONS 36937 FOR NO PARKING ZONES ON CARMELITA AVENUE FROM CALIFORNIA DRIVE TO EL CAMINO REAL AND FOR ONE.HOUR PARKING ZONES ON PRIMROSE ROAD FROM BELLEVUE AVENUE TO FLORIBUNDA AVENUE The CITY COTINCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1 Govemment Code Section36937 allows the City of Burlingame to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety. Carmelita Avenue is a key route for traffic between California Drive and El Camino Real to take vehicles off Broadway and improve pedestrian and vehicle safety on Broadway. No parking zones on Carmelita during heavy traffic periods have made Carmelita safer to use for both pedestrians and vehicles. Primrose Road is a key office area for Burlingame, and in order to provide adequate parking access to users of the medical and government offices as well as the Main Library, it is imperative that parking be limited to no more than one hour during office hours. Section 2. Section 13.36.020 is amended to read as follows: 13.36.020 No parking during specified hours. It shall be unlawful for the operator of any vehicle to park the vehicle on the following streets on the designated hours and days: (1) Adrian Road, east side between eight a.m. and six p.m., Sundays and holidays excepted; (2) Airport Boulevard, east side, from Beach Road to Fisherman's Park, between ten p.m. and six a.m.; (3) Broadway, both sides from El Camino Real to California Drive, four a.m. to six a.m., Sundays and holidays excepted, unless otherwise prohibited or limited; 19t6t2002 1 2 aJ 4 5 6 7 8 9 10 11 12 13 14 15 t6 t1 18 t9 20 2l 22 23 24 25 26 21 28 (4) Burlingame Avenue, north side, from El Camino Real to Occidental Avenue between eight a.m. and six p.m.; (5) California Drive, west side from Juanita Avenue to Broadway between seven a.m and nine a.m., and between four p.m. and six p.m.; east side from Sanchez Avenue to Oak Grove Avenue between midnight and six a.m.; (6) (7) Carolan Avenue, east side, from Burlingame Avenue to Oak Grove Avenue between three p.m. and six p.m.; east side between Broadway and a point two hundred twenty-five feet southerly from the southeasterly right-of-way line of Broadway from eight a.m. to nine a.m.; west side from Sanchez Creek to the centerline of Larkspur Drive from ten p.m. to seven a.m.; (8) El Camino Real West Service Road from Trousdale to Murchison from two a.m. to six a.m.; (9) Gilbreth Road, both sides, from Cowan Road to Mahler Road, between ten p.m. and six a.m.; (10) Howard Avenue, north side, from El Camino Real to Crescent Avenue, between eight a.m. and six p.m., Sundays and holidays excepted; (11) Peninsula Avenue, north side from the Southern Pacific right-of-way to Humboldt Street, between eight a.m. and six p.m., Sundays and holidays excepted; (12) Rhineffe Avenue, south side, between eight a.m. and six p.m.; and f,ill noUins Road, west side from North Carolan Avenue to Broadway from four p.m. to six p.m. Section 3. Section 13.36.030 is amended as follows: 13.36.030 One-hourparking. Except where prohibited or otherwise designated for shorter term time periods, it is 29t6t2002 I 2 J 4 5 6 7 8 9 l0 11 t2 l3 t4 15 t6 l7 18 19 20 2l 22 Z) 24 25 26 27 28 unlarnfirl for any person to park a vehicle for a period longer than one hour between the hours of eight a.m. and six p.m. on any day, excepting Sundays and holidays, upon any part of the following streets or portions of streets: (a) Broadway from El Camino Real to Califomia Drive; ftl eurlingame Avenue, from California Drive to El Camino Real; qcl,,California Drive, west side, from Douglas to Bellevue Avenue and from Carmelita Avenue to Broadway; id} Ingold Road, north side, 48 feet west from the curb return of Rollins Road to 128 feet west from that same curb return; (b) Magnolia Avenue, east side, from the intersection of Magnolia Avenue to 300 feet north of the center line of Trousdale Drive; Section 4. This ordinance shall be published as required by law. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certily that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the _ day of AYES: NOES: ABSENT: C:\FILES\ORDINANC\parkingurg.pwd.wpd 2002, by at least a four-fifths vote as follows: 39t6t2002 City Clerk (f) Primose,Road;,*om Bellevue :fusrlue to Flbribunda Avenue. STAFF REPORT AGENDA ITEM #7a DATE 9-1 6-02MTG. TO: Honorable Mayor and Gity Gouncil DATE: September 9,2002 FROM: Gity Manager's Office (558-7204) SUBJECT: GOMMISSIONER TERM EXPIRATIONS (Beautification, Givil Service, Parks & Recreation, and Traffic Safety Parking) During the next few months, the term of the below-listed commissioners will expire SUBMITTED il;,^,BY BY APPROVE Term Expires 1017102 10t7t02 //aW Commissioner Laura Hesselgren John Webb Jack Erickson Mary Lawson Russ Cohen Jim Evans Jack Heffernan Doug Schwartz* Commission Beautification Parks & Recreation Traffic Safety Parking Terms Served Civil Service 11t6t02 12t1t02 tl D 1 1 1 1 1 5 4 1 * Doug Schwaftz was first appointed to the Civil Servrce Commission on January 4, 1989, seruing four consecutive terms until his resignation on January 26, 2000. On July 12, 2001, Doug was again appointed to the Civil Service Commission to fillthe unexpired term of resigning commissioner Keith Kutner. The council's commissioner appointment policy calls for any commissioner desiring reappointment to apply in the same manner as all other candidates. The attached table is provided for council members to quickly reference commission candidates interviewed within the past two years. With the recent resignation of Civil Service Commissioner Hipps and the upcoming term expiration of commissioners Heffernan and Schwartz, council may wish to consider reducing the size of the Civil Service Commission to that of the Library Board and Traffic Safety Parking Commission (from 7 to 5 commissioners). Given the time commitment required of Civil Service commissioners in attending regular commission meetings and serving on panels, staff recommends council seriously consider the option of reducing the commission to five members and fill one vacancy at this time. Staff would recommend the vacancy be filled by opening up the vacancy and accepting commissioner applications. Council may choose one of the following or other option(s) and direct staff accordingly: Reappoint incumbent commissioners; Appoint candidates from 2-year list (attached); or Use the current Council policy as reflected in the 1994 Council Resolution 21-94 (attached) and establish a filing deadline of Tuesday, October 15,2002, for accepting commissioner applications, and select a Council interview team for eventual interviews. V [B:coMMISSIoN\CoMMTERM] Attachment c: HR Director Katz, Dorothy I 1 l0 Douglas Ave #l Beautification I I -2-01 I t -19-01 Janney/Spi nel I i Nov 2003 Carcia, Bill I .l48 Cambridge Road Civil Service r 0-30-00 l2-18-00 Calligan / Spinelli Dec 2002 Fuchs, Elaine I I l7 Hamilton Lane Library 6-13-00 r 0-1 2-00 O'Mahony / Calligan Oct 2002 Hipps, Carolyn '1649 Balboa Way Lib rary 6-13-00 't 0-r 2-00 O'Mahony / Calligan Oct 2002 Morton, Mary Lou Forest View Library 6-r 3-00 r 0-r 2-00 O'Mahony / Calligan Oct 2002 Berman, Michael Library 5 -3-02 6-17 -02 Coffey / O'Mahony Jun 2004 Cottrell, Richard .l685 Hunt Drive TSPC r 0-30-00 r 2-4"00 Coffey / O'Mahony Dec 2002 Page, Howard 'I ll Central Avenue TSPC r 0-30-00 12-4-00 Coffey / O'Mahony Dec 2002 Winkler, Erik 36 Victoria Road TSPC r 0-30-00 12-4-00 Coffey / O'Mahony Dec 2002 Dobiles, Bruce 524 Oak 6rove Ave Planning 4-17 -41 5 -3-0 r Coffey / O'Mahony Apr 2003 Ernst, Jay I 434 Capuchino Plan n ing 4-17 -01 5-3-0r Coffey / O'Mahony Apr 2003 Friedman, Marc 748 Walnut Planning 4-17 -01 5 -3-0 l Coffey / O'Mahony Apr 2003 Crandcolas, Mark 1432 Alvarado Planning Planning I I -6-01 4-17-01 'I 1-26-0r 5-3-0 l Jan neylCoffey Coffey / O'Mahony Nov 2003 Apr 2003 Jacobs, Ruth 2965 Arguello Planning 4-17 -01 5 -3-0 r Coffey / O'Mahony Apr 2003 Popin, Richard 760 Walnut Avenue Planning 4-17 -01 5-3-0 r Coffey / O'Mahony Apr 2003 Conway, Daniel 14 Highland Avenue #8 Plan n ing r 0-23-0i I I -26-0r Jan ney/Coffey Nov 2003 Crange, Randy 2l Dwighr Road Planning I l-9-0r 'r r -26-01 Janney/Coffey Nov 2003 Carroll, Ken .l609 Albemarle Way Planning 3-29-02 4-1-02 Baylock / Calligan Cray, Patricia l6l6 Adeline Drive Planning 3-29-02 4-1-02 Baylock / Calligan Apr 2004 Jackson, Russell 835 Walnut Avenue Planning 3-29-02 4-1-02 Baylock / Calligan McCleary, Chris 323 Dwight Road Plan n ing 3-29-02 4-1-02 Baylock / 6alligan Apr 2004 Berman, Michael 1 524 Los Montes Drive Library s -3-02 6-17-02 Coffey / O'Mahony June 2004 t, Apr 2004 Apr 2004 l 2 3 4 5 6 7 I 9 10 II T2 i3 l4 l5 l6 t7 18 l9 20 2T 22 23 24 25 26 : F. COLEMAN / ANORNEY: EURLINGAHE ll,lROSE ROAO {M€, CI.UF. 040to RESOLUTION NO. 21 -94 RESoLVED by the CITY COITNCIL of the Ciry of Burlingame as follows: WHEREAS, it is the determination of this Council that procedures should be established for the appoinrment of members of ciry commissions; NO!7, THEREFORE, it is hereby RESOLVED and DETERMINED rhat rhe following procedures shall govern the appoinrmenr of members of commissions of the Cigy of Burlingame: section 1' All persons desiring to serve on ciry commissions shall complere the application fortn provided by the ciry manager's office. Applicarions shall be accepted only for specific commission positions wirh deadlines established by the ciry council. Applications sllall be accepted for at least a rhree week period following rhe announce- ment of a vacancy. ' Section 2. Applicants shall be interviewed for the specified commission by a committee of rwo council members. That committee may refer the application ro a committee interviewing for vacancies on another commission. Section 3. All cornmissioner appoinrments shall be for a single term. Any commissioner desiring reappoinrment for a subsequent term upon the commission shall apply in the salne manner as all other candidates. This provision shall not apply to a commissioner appointed to an unexpired term of less tlran one year. Section 4' The number of years in a term shall be as set forrh in the ciry ordi- nances or state laws at tlte tirne of the term's commencement; this rule shall appl y f9r both appointees ro full rerms and to fiil vacancies'in unexpired terms. Section 5' lrhenever possible, appointmenr ro the planning commission s6all be 1 I 2 3 4 5 6 7 8 I t0 II I2 13 I4 l5 i6 t7 t8 I9 20 2l 22 23 24 25 26 UE F. COLEMAN IE AIORflEY OF AURLINGAME 'Rh{ROSE ROAO iGAr.tE. CAUF. 940tO made at least three months prior to the expiration of a term; appointees shall be encouraged to attend all commission hearings and shall be provided all materials for commission meetings. They shall not, however, participate as commissioners until the official commencement of their terms. Section 5. This resolution supersedes all prior resolutions regarding comrnissioner ' ,, Judith A. Malfatti, Ciry Clerk of the Ciry of Burlingame, do hereby certify that rhe foregoing Resolution was introduced at a regular meeting of the City Council held on the 2nd J day of M"y, 1994, and was adopted thereafter by the following vote: terms. AYES: NOES: ABSENT: Cotxctlt"tEMBERS: COUNCII-I,TEMBERS: CouNcrI-UEMBERS: HARRISON, KNIGHT, OIMAHONY, PAGLIARO, SPINELLI NONE NONE {B: CO MMISSIONCOM MAPTI .RESI Z i STAFF REPORT AGENDA ITEM # MTG. DATE 9-L6-O2 TO: HONORABLE MAYOR AND CITY COUNCIL DATE:Saniomhar 6 2fifi2 FROM: Parks & Recreation Director (558-7307) SUBJECT: TEMPORARY TEEN BACILITY RECOMMENDATION: It is recommended that Council give direction on two related points: given the current financial situation ofthe City, (l) should staffand the Parks & Recreation Commission continue pursuing a location to be used as temporary teen center and (2) if so, how should such a center be funded. Also please see attached recommendation from the City Manager. BACKGROIIND: At the City Council meeting of March 4,2002 the Council accepted the feasibility study on the long-term needs for a new recreation facility. Because the new Community Center proposed in the feasibility study would be at least five years away from completion, Council asked staffand the Parks & Recreation Commission to consider options for a temporary teen facility. Over the past few months, the Commission has reviewed several properties as potential teen facilities. During this searctr, one property, 783 California Drive, was identified by the Commissioners as meeting the general criteria established (location, size, low impact on neighbors, not a school site, etc.). The 6,000+ sfsite, adjacent to fire station 34, has enough program space for a wide variety ofteen activities, including basketball, game tables, homework/computer rooms and hang-out areas. After an inspection by the City's Parks & Recreatioq Public Works and Fire Department personnel, the property would require approximately $125,000 of improvements prior to occupancy and another $90,000 annually ($70,000 rent, $20,000 maintenance). The Director of Parks & Recreation and the property owner's realtor had a biief discussion regarding a lease agreement. The property owner would be requesting a five to seven year lease at approximately $6,|25lmonth with a $1,000/month deduction if the City makes the improvements. Specific negotiations would not begin until so directed by Council. While staffrecognizes the difficult financial situatioq several potential funding options have been identified should the Council decide to pursue a lease agreement. The funding options are: l. Use City's reserve funds; 2. Reprioritize Department CIP funds - $100,000 was approved in the 2002-03 budget for improvements at the Recreation Center; 3. Earmark an increase in revenues - example: an increase of $2.00 in the class registration fee would result in a revenue increase of approximately $60,000 annually; 4. New revenues - donations (private, corporate, service clubs), grants, sponsorships, leasing ofCity facilities (i.e. Depot or teen center food service). Funding for new programs staffand materials will be offset with revenues from membership cards and new programs (dances, tournaments, etc.). AT'TACHMENTS: l. Memo from City Manager regarding his recommendation2. Information regarding the property at 783 California Drive BUDGET IMPACT: Impact on the budget depends on the option(s) preferred by the Council. Due to the City's current financial situatiorg Director and Manager both agree that no money from the general fund should be allocated to this project. 7b BY BY TO: DATE: FROM: SUBJECT: Mayor Janney and City Council Members September 1A,2002 Jim Nantell, City Manager Interim Teen Facility Despite my olvn professional experience and bias for the value of recreational programs, particularly for youth and teenagers? as City Manager I feel compelled to caution the City Council regarding your review of options for providing an interim teen center. I believe that the Park and Recreation staff and Commission have identified a good sight for an interim teen facility, however, when the discussion about the desire to provide a facility that would better meet the recreational needs of our teenagers began about four years ago, the City was in a much different financial position than we are today. Given the current need to reduce expenses and/or increase revenues by $3 to $7 million annually I would recommend that we not commit our selves to an additional $90,000 annually for the operation of an interim teen facility. If the City Council were inclined to support leasing property I would recommend that any consideration of funding the operation of a teen facilrty should be pursued only if additional funding to cover the annual operational cost could be identified. By additional funding I mean funding that would not otherwise be available to the city without the operation of the teen facility or teen programs. For example if the Council were interested in considering uses of the Bus Depot that would generate some revenues I would recommend that those revenues be used to address our "strucfural" financial gap between revenues and expenses before we use it to fund an expansion to current services. On the other hand should the recreation deparfinent be able to partner up with a yogurt franchise that could use the front of the space for the interim teen facility and provide part time jobs for teens while defraying some of the rental costs for the facility than that revenue would appropriately be credited against the cost of operated the interim teen facility. a CITY OF BURLINGAME Attachment "A" Information regarding the property at 783 California Drive for use as a temporary teen facility SIZE Approximately 6,000sf of usable program area. (5,000sf on ground level; l,000sf in balcony) TEEN US Computers Basketball Hoops Lounge Areas il Couches, etc. Classroom Game Tables (pool, ping-pong, Foosball) NON-TEEN Teen use of this focility will be limited to after-school, evening, weekend and vacation hours. During the mornings on school days, thefacility could be usedfor:r Pre-school classes: several classes are not currently being offered because ofa lack of space ' Other City departments (ex. The Fire Department's conference room is often crowded and extra meeting space would be desirable) CONCERNS ' Parking - The facility only has four designated parking spaces. Street parking would need to handle the overflowr Teen Access - The facility is a short walk from Burlingame High School. Students using public transportation from other schools would utilize the one northbound and one southbound bus stop AGENDA ITEM # MTG. DATE 9-1 6-02 8a STAFF REPORT TO Honorable Mayor & City Council SUBMITTED BY DATE: September 5,2OO2 APPRO FROM: City Manager's Office 1558-72041 SUBJECT: S pecia! Event Permit/Street Closure - Halloween Safe Street (Primrose Road) RECOMMENDATION: To authorize the closure of Primrose Road between Burlingame Avenue and Donnelly Avenue as the site for the community Halloween Safe Streef program on Thursday, October 31, 2OO2. BACKGROUND For the sixth Yeat, the Burlingame Rotary Club, in cooperation with various local merchants and the police and fire departments, wish to conduct a Halloween Safe Street program on Thursday, October 31 , 2OO2. from 4:3O to 8:30 p.m. The plan, which is the same as last year's (see attached copy), is to close a portion of Primrose Road between Burlingame Avenue and Donnelly Avenue to have supervised activities for young children and their parents. Also attached is Police Commander Tom Marriscolo's September 4, 2OO2, memo reviewing this year's event. Steve Karp will be contacting the merchants in the affected area. Based on the success of previous events, I recommend that the city council approve the street closure subject to the usual insurance requirements, and approve police and fire participation in the event. V tD:\My Documents\MANAGERS\Halloween-stf-rpt.wpdl Attachments c: Steve Karp Police Chief Police Traffic Sergeant Fire Chief Public Works BY /L"1.* 09/05/02 10:22 FAX 650 697 0771 BAY AREA BUS. CARDS ROTARY CLUB OF BURLINGAME Charlered January 29, 1925 Post Office Box 323 Burlingame, California 9401 1 September 5, 2002 Vi Weber City Manager's Office City of Burlingame 501 Primrose Road Burlingame, CA 94010 RE: Rotary Club of Burlingame's Halloween Safe Street -'X999)c'o.} Dear Ms. Weber: The Burlingame Rotary Club is planning to sponsor our 6ft annual Safe Street. This year's plan will mirror our previous year's programs. Attached you will find a completed special event permit application. We appreciate your cooperation and suppoft with this process. Please review and advise if you have questions. I can be reached at 697-1988 extension #L7 or alternatively you send can send e-mail to steve@babc.com @ oo2loo8 very /rulv,yours, S/.*1r",p Steven M. Karp Enclosure ffi rxg*.Etl og.r:,i7r?Boz{1:io:':E AI..t FerrJ I0905/02 10:22 FAX 650 697 0771 BAY AREA BUS. CARDS @ oo3/oos TEL: (650) 55e.7204 FAX: (650) 55&9281 @h, fi.rlg sf. Wurlin game CITY HALL _ 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 G3997 SPECIAL EVENT PERMIT APPLICATION FOR ANY TEMPORARY CLOSING OF ANY CTTY STREET OR USE OF CTTY SIDEWALK OR PROPERTY (Please tvpe or pint clearlv,) APPLICANT INFORMATION Company/Agency Contact Person: Name:trr Daytimern*",M FAX#: 6?]- o't1lv Address:t ,t Vs Adnin^r R". Representing lnsurance Carriec Limits: EVENT INFORMATION Date(s):-3 Event Purpose: Staging Time:v Ending Time:8?q Starting rim": S'OG /a De-staging rime:8. 3D t+t L[o t]o..^r.-,,Sef. S4ec Any Hazardous Activity? (lf so, descrifr..)Mo Number of Participants: /f.>S Type lactors, cruvt, pafticipants)i c 1.,4- (,.cA< Number of Equipment:Type: Q-rut€-cbe €o*->Location:t=E^J bOz-,.JGA r.laParking Permit(s) Requested: Pol ice Service(s) R equ ired g4s par oft cet Nr hout)'.L,rte 1 Douu-r ATTACHMENTS Please attach the following information with this application: - Letter of intent (dehiled description of event); - Map of street(s)/area to be closed; - Petition of property owner(s) affected by evenUclosure; - Barricade plan (if appropriate); and* Certificate of insurance. I agree to hold harmless the Clty of Burlingame, its officerc and employees, whether elected or appolnted, from any and all llablllty arising from the event planned and descrlbed above. Further, I undsrstand that priorto the lssuance of any permlt as doscribsd above, I shall flle a certiflcate of insurance wlth the Clty Manager naming thB City, its offlcers and employees, whether elected or appointed, as addltlonal lnsured, and that I must pay all Clty costs to the issuance of thb permlt. Date g--o 2_Applicants SignaturB:Q1r a \a **Hii Jsoafttad P ?1r" IP OlOU 00 ,0t 6\\s/ cl sqj\ s t ta l1 el qo tJI\(rt -.1cna .e, q 1 ly I 1 Eq u '37) ) ( f P t. I l. Ita I h rt E 0 9 E! d Jg 0 6 .i @ . .b.(t' ;r] t? ,ol, e, 6.\\!-' b @hrl, N \ - -tfr- \ /in\yt1l @ --ltf -@ t, t \ { Uc { /i\!/ /x o- ,tl o \rlt @ ,,,u lt t' Ic@ @l@ E@ (ltuGtrt-&t' N N t! @ @*frt|*l (t g ],.-_. :EYr !Ia vl --7f' I L q t,t a' q @t\ \e lE \ o rl'\-6 o'6. {'.fr' ut$ ll-_ -1t ) llrtlrl cV .tr .''l ,(r. \ \ \ I 'J BI]RLINGAME POLICE DEPARTMENT INTER OFFICE MEMO TO: All Sworn Personnel FROM: CommanderMarriscolo DATE: September 4,2002 RE: Halloween Detail (2002) B. PRIMARY AIID SECONDARY DETAIL OBJECTTVES: 1. The Primary Objectives for this year's Halloween Detail are twofold: To supplement ..B,, Squad personnel ana taUs for service, provide for the safety of children "Trick or Treaters" using t^he concept of "Safe Streets", and to protect all persons liring in or visiting our city. The Secondary Objective of this detail will be to protect personal and public property. A. PAST HISTORICAL STRATEGY: l. During past years, the Burlingame Police Department has mobilized a large operation to manage anticipaied HJloween night problems in the residential distria surrounding the Hillside ur.". i{o*.rei, in most recent years, anticipated Halloween night problems have diminished due to proactive measures (school admonishments and a "no tolerance" position of enforcement) by oui department. Due to diminished problems surrounding the Hillside Drive area, the focus of our enforcement has now changed. Special attention to areas such as the Downtown Business District, the Broadway Business District, Burlingame PlazaArea, Burlingame Parks and Hotels/Bars that characteristicatly have increased calls for service are now the primary focus of this detail. 2.Lastyear our department scaled down our Halloween Detail Operation and didn't experience .ny rigninrant or major problems. Due to Halloween fa[ing on a week night this year (T^hrirsday), iiappears that probiems associated with teens and young adults will be minimal. in..rfori, our dipurt."nt will replicate last year's detail (a Sergeant and squad of 4 officers), to gather intelligencJ infoqrption and to supplement "B" Squad personnel' C. OVERALL STRATEGY: 1. To accomplish these objectives, personnel assigned to the Halloween Detail will present an increased uniform presence and provide additional roving patrols throughout the city by supplementing "B" Squad. Special attention and frequent checks will be made at locations that present the potential for an increased number of calls for service and in areas where problems have developed or occurred in the past. These areas of potential problems are identified as follows: -Downtown Business District -Broadway Business District -Burlingame Plaza Area -City Parks -City Schools (Public and Private) -Bars and Restaurants that have planned events -Hotels -Hillside Drive and other Northern Residential fueas where problems have occurred in the past -Easement signs 2. Safe Streets. a) The Burlingame Rotary Club, in cooperation with various local merchants are once again sponsoring a "Safe Streets" event for small children from 1730 hrs - 1930 hrs. This supervised event will include a street closure of PRIMROSE ROAD between BURLINGAME AVENUE and DONNELLY AVENUE. Officer Rumbaugh has been assigned to work on this project with the sponsoring merchants. Staging for Officer Rumbaugh and the Police Cadets assigned to this detail will occur approximately one (l) hour before the event. Conversely, break down which will occur approximately t/zhour following the end of the event. b) Banicades will be placed on Primrose Road @ Burlingame Avenue, Donnelly Averrue and at the driveway exit to the rear of the Baby Gap store on Primrose Road. Officer Rumbaugh and all of our Police Cadets assigned to this event will post the barricades as needed to block offthe "Safe Streets" area at the above locations. The street will be posted for NO PARKING at the requirdd time (at least24 hours in advance) to allow for vehicle removal (if it becomes necessary). Sergeant Cutler will insure that the posting of signs is made no later than Wednesday, (1Ol3Ol2O02), and see to it that the corporation yard will leave a sufficient number of barricades in the area no later than Thursday morning, 1013112002. c) Our Police Cadets will assist Officer Rumbaugh in closing the street area, providing security for all event participants, assist in monitoring the safety of all involved persons, direct and (or) monitor traffic and the placement of barricades, as necessary. Since this event will end at approximately 2000 hrs, it is anticipated that the roadway will be opened to trafiic at about 2015 hrs to 2030 hrs. D. ASSIGNMENTS, DUTIES, RESPONSIBILITMS AND ARf,A CHECKS: 1. Assignments a) Officers assigned to the Halloween Detail (refer to the attached document identifying the personnel assigned to the detail) and reporting for duty will initially report to briefing at 1900 hrs. They will receive specific instructions involving specific duties, briefing assignments and information from Sergeant Matteucci (the WC) and the Sergeant McDonnell who will be in charge of the Halloween Detail. 2. Duties and Responsibilities a) Personnel assigned to the Halloween Detail will work from 1900 hrs - 2300 hrs, unless increased calls for service require they work longer hours. All officers working the Halloween Detail will be assigned to supplement the personnel assigned to the "B" Squad on roving patrol, checking local parks, schools and monitoring potential problem areas (hotels, bars, etc.). Once deployed, Sergeant McDonnell will assume command and control of the of;Ecers assigned to the Halloween Detail. Sergeant McDonnell will coordinate Halloween Detail information and operations with Sergeant Matteucci and Communications (dispatch). b) All personnel assigned to the "B" Squad and the Halloween Detail may wear the departmental authorized two piece jumpsuit. Helmets and Long Batons will be required safety equipment for the members of "8" Squad and the personnel assigned to the Halloween Detail. All personnel assigned to the "B" Squad or the Halloween Detail will have these safety items immediately available and canied in their patrol vehicles in the event problems arise. 3. Broadway Business District Area Checks a) NortH End Halloween Detail Units will also monitor the Broadway Business District. In the past there has been a minimal number of calls for service around this area,. However, with the focus now moving from the residential to the business district areas, increased calls for service or problems may develop. Halloween Detail personnel will monitor local parks, schools and bars in their area and immediately noti$ the WC and Communications of any potential problems that are developing or that could occur. 4. South End/Downtown Business District Area Checks a) Halloween Detail Units will patrol the Downtown Business District Area, including Washington, Heritage and other parks in the south end of the city. They will monitor and check local bars and immediately notify the WC and Communications of any potential problems that are developing or that could occur 5. East Side/Bay Front Area Checks a) Sector C, City Units and Halloween Detail personnelwill constantly monitor the hotel and bar activity and advise will advise both the WC and Communications of any potential problems that are developing or that could occur. E. ADDITIONAL INFORMATION: 1. Polaroid cameras, additional film, or Digital Cameras, flex cuffs, FI cards, etc., will be for available for distribution (if necessary) by Sergeant Nakiso, the Administrative Services Supervisor. Z. The Radio frequency for Patrol and Halloween Detail personnel will be the Burlingame Primary Channel #1. cc: James Nantell, City Manager E tlll D AGENDA ITEM #8b STAFF REPORT Honorable Mayor and City Council August 27,2002 Fire Department Vehicle Maintenance Agreement MTC. DATE 9-L6-O2 TO: DATE: FROM: SUBJECT SUBM BY: APPROVED BY: Recommendation: It is recommended the City Council approve by resolution the attached 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 Fire Department. Backoround: The Burlingame Fire Department has operated a vehicle (fire apparatus) maintenance shop since the 1950's. The shop has been staffed with firefighters who are cross-trained as mechanics. our mechanics are qualified through the California State Fire Marshal's Fire Mechanics training and certification program. Required fire apparatus maintenance and testing is unique as compared to that of commercial trucks and transport vehicles. ln L994, we realized that we were not getting the maximum use of our mechanics. Consequently, we offered this service to other fire departments in our area with the intention of recouping some of the costs of the shop services. We currently provide apparatus maintenance to Millbrae Fire Department, Hillsborough Fire Department, Colma Fire Protection District, Brisbane Fire Department and Foster City Fire Department. In addition, we provide maintenance for a shared reserve aerial truck with South County Fire Authority. This agreement with the City of San Mateo will be in addition to those we already serve. Exhibit: Agreement between the City of San Mateo and the City of Burlingame Budqet Impact: This will have a positive br.rdget impact enabling us to provide an increase in our revenue generating service provided under a time and materials agreement. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE CITY OF SAN MATEO TO PROVIDE VEHICLE MAINTENANCE RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame Fire Department has been providing vehicle maintenance and repair for both its own vehicles and those of some neighboring fire departments; and WHEREAS, the City of San Mateo wishes to have some of its vehicles and equipment serviced by the Burlingame Fire Department; and WHEREAS, this arrangement will save San Mateo money, provide additional revenue to the City, and enhance the working relationships between San Mateo and the City, NOW, THEREFORE,IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed execute the Agreement attached hereto as Exhibit A by and on behalf of the City. 2. The Clerk is directed to attest to the signature of the Manager. MAYOR I, ANN T. MUSSO, City Clerk of the City of Burlingame, do resolution was introduced at a regular meeting of the city council held 2002, and was adopted thereafter by the following vote: hereby certify that the foregoing on the _day of AYES: COT]NCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COTINCILMEMBERS: CITY CLERK AGREEMENT BETWEEN THE CITY OF SAN MATEO AND THE CITY OF BURLINGAME FOR PROVISION OF MAINTENANCE AND REPAIR SERVICES ON CITY OF SAN MATEO FIRE VEHICLES This Contract is entered into this _ day of _ ,2002, by and between the City of San Mateo [hereinafter San Mateo] and the City of Burlingame [hereinafter Burlingamel. This Contract is intended to allow San Mateo to have its vehicles serviced by Burlingame and to establish the expectations and obligations of each party with regard to such service. Nothing in this Agreement is intended to modi$, or interfere with any agreement that each party may have with its own employees or contractors or agents. A. TERM OF CONTRACT 1. CONTRACT TERM. The term of this Agreement will be for a period of one year from the date written above. The Agreement shall be automatically renewed for a single one-year term at the end of the first year and continue to be renewed for additional one-year terms thereafter, unless either party gives the other party written notice to the contrary at least thirty (30) days in advance of the expiration of the existing term. 2. OTHER SERVICES. San Mateo reserves the right to have its vehicles serviced by other persons as it may deem convenient. Howevet, any warranties, guarantees, or indemnities provided by Burlingame under this Agreement may become null and void when a vehicle subject to such warranty, guarantee, or indemnity under this Agreement is serviced by a person other than Burlingame. See Section C(1) below. 3. TERMINATION. Either party may terminate this Agreement by giving thirty (30) days' written notice to the other. Upon receipt of such notice, Burlingame shall, unless the notice directs otherwise, discontinue all services in connection with the performance of this Contract and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this Contract. As soon as practicable after receipt of notice of termination, Burlingame shall submit a statement to San Mateo showing in deiail the services performed under this Contract to date of termination that have not previously 1autoshopsanmateo.drf .wpd August 26,2002 been paid for by San Mateo, and San Mateo shall pay the charges shown subject to the provisions of Paragraph 2(b) of Section C below. B. SCOPE OF SERVICES L SCOPE OF SERVICES. Burlingame shall provide all superintendence, labor, apparatus, parts, tools, and materials necessary to provide preventive maintenance, repair, and service as generally listed in Exhibit A hereto. 2. ASSIGNMENT; SUBCONTRACTING. San Mateo agrees and understands that there are certain vehicles and certain repair and service work that Burlingame may find that it is either not qualified or capable of performing. When Burlingame finds such a situation exists as to a particular vehicle that San Mateo has delivered to Burlingame for service, Burlingame shall notifu San Mateo in writing of the situation and reasons therefor. Burlingame may suggest and with San Mateo's concurrence, may subcontract work to qualified subcontractors for repair or maintenance. Burlingame shall inform San Mateo of the warranties and guarantees offered by those subcontractors, which may differ from the warranties and guarantees offered by Burlingame. 3' INDEPENDENT CONTRACTOR. In performing the obligations under this Contract, Burlingame shall act as an independent contractor solely for its own account and not as an agent, representative, or employee of San Mateo. No employee, agent, or representative of Burlingame shall be considered an employee of San Mateo nor be eligible for any benefits, rights, or privileges available to San Mateo employees. 4. PERSONNEL. a. EMPLOYEES. The selection, assignment, reassignment, transfer, supervision, management, and control of Burlingame employees in performance of this Contract shall be the sole responsibility of Burlingame. b. OUALIFICATIONS. (i) Burlingame shall ensure that Burlingame employees possess a valid driver's license for the type of vehicle to be operated as required by california law. (ii) Burlingame is responsible for maintaining qualified mechanics for performing the services offered. 2autoshopsanmateo.drf .wpd August 26,2002 5. SAN MATEO OBSERVATION. San Mateo personnel may from time to time observe Burlingame's operations under this Agreement. However, these personnel may not interfere with Burlingame's performance. Burlingame shall perform maintenance and repair service on all vehicles and pieces of equipment covered by this Contract in its facilities in Burlingame. It is not expected that Burlingame shall provide any services under this Contract outside the city limits of Burlingame. 7. VEHICLE/PIECE OF EQUIPMENT PREVENTIVE MAINTENANCE On request, Burlingame shall maintain vehicles and pieces of equipment to meet standards established by the original equipment manufacturer and as further amended by agreement between the parties. 8. REPAIR AND WARRANTY WORK Burlingame shall provide repair and warranty work on an as-requested basis. Warranty work shall be provided when repairs fall into categories covered by equipment or parts warranties or in response to manufacturers' directives for corrective action. All work shall be done in conformance with manufacturers'manuals. At all times, Burlingame shall ensure that shop procedures and controls provide thorough documentation, accountability, and responsiveness. Once the cause of a breakdown or deficiency is identified, the Burlingame Service Manager shall scope the cost of repairs and estimate the time required to effect the repair and notif,z San Mateo for authorizationto proceed. Before seeking any necessary San Mateo approval to proceed with repairs, Burlingame shall check for parts availability and inform San Mateo if there are any parts availability problems that may affect the repairs. If parts are unavailable, San Mateo may authorize Burlingame to order the necessary parts. Following San Mateo atthorization, Burlingame shall then schedule the initiation of repair immediately if parts are available, or as soon as ordered parts are received. Repairs shall be completed as soon as possible. 3autoshopsanmateo.drf.wpd August 26,2002 6. LOCATION OF MAINTENANCE AND REPAIR SERVICE Upon completion of repairs, Burlingame shall check and operationally test the vehicle or piece of equipment to ensure its condition and operation are satisfactory before it is released for normal use. 9. AVAILABILITY. Because this Contract is non-exclusive, prior scheduling of maintenance and repair is generally required. Maintenance and repair services are generally only available from 0800 to 1700 during the day, seven days a week. San Mateo understands and agrees that Burlingame may not be able to provide service or repair on the timely basis that San Mateo requires in some instances, because of personnel shortages, equipment unavailability, or prior commitments. When these occasions arise, San Mateo may request Burlingame to provide a written statement of the estimated time when the service or repair will be available. However, when these occasions arise, San Mateo shall not be entitled to any damages or other claims against Burlingame, nor shall these occasions be considered defaults by Burlingame under this Contract. 10. ADMINISTRATION a. MEETINGS. The Burlingame Service Manager and the designated representative of San Mateo shall meet on a regular and as-needed basis to discuss the management of the Contract and concerns about particular work or vehicles. b. MAINTENANCE MANUALS AND SHOP MANUALS. Burlingame has many of the necessary maintenance manuals and relevant documents for performing the work under the Contract. However, San Mateo shall cooperate with Burlingame in providing any manuals or documents it may have upon request of Burlingame. c. DAMAGE TO VEHICLES BEING SERVICED. Burlingame shall promptly report to San Mateo any instance of damage to San Mateo vehicles or pieces of equipment while being serviced or operated by Burlingame personnel. d. INFORMATION MANAGEMENT. It shall be the responsibility of San Mateo to document any maintenance or service history regarding a particular vehicle. Burlingame shall maintain records of its servicing and repair of vehicles and shall cooperate with San Mateo in providing those records in a form that is usable by San Mateo in its own record- keeping systems. Because this is a non-exclusive agreement, Burlingame shall not be responsible for providing a maintenance history or evaluation of particular vehicles except insofar as Burlingame maintains records of the work actually performed by Burlingame on any particular vehicle. 4a utoshopsanmateo.d rf.wpd August 26,2002 1 I. INDEPENDENT REVIEW. a. Review of malfunction. If a malfunction in a vehicle or piece of equipment indicates to San Mateo that Burlingame may not have adequately performed a repair or service under this Contract, designated representatives of Burlingame and San Mateo shall meet to discuss the matter. b. Mutually-agreed upon consultant. Should San Mateo or Burlingame determine that an independent consultant is appropriate to determine the cause of the malfunction, San Mateo or Burlingame may obtain the services of a mutually agreed-upon consultant to determine whether Burlingame was responsible for the occurrence of or the failure to prevent the malfunction. Payment for such a consultant shall be as follows: (i) If the consultant determines that Burlingame was responsible for the occulTence of or the failure to prevent the malfunction, Burlingame shall pay the consultant's costs; (ii) If the consultant determines that Burlingame was not responsible for the occulrence of or the failure to prevent the malfunction, San Mateo shall pay the consultant's costs; and (iii) If the consultant cannot determine responsibility or determines that both Burlingame and San Mateo or one of San Mateo's other vendors or contractors were responsible for the occulrence of or the failure to prevent the malfunction, Burlingame and san Mateo shall each pay one-half of the consultant's costs. C. CONTRACT PRICE l. TIME AND MATERIALS. San Mateo agrees and understands that services under this Contract will be provided on a time and materials basis. Upon request of San Mateo, Burlingame will provide an estimate of the time and materials costs involved in a particular service or repair before beginning work, and San Mateo agrees that the cost of the service or repair may deviate up to ten percent (10%) above the cost estimate before additional authorization is required to complete the service. Burlingame guarantees the quality and quantity of its work under this Contract. Burlingame warrants and guarantees all maintenance and repairs that it performs on vehicles and pieces of equipment. However, because this Contract is nonexclusive, Burlingame's guarantees and warranties cannot and do not apply if the vehicle or piece of equipment 5a utoshopsanmateo.d rf.wpd August 26,2002 subsequently receives service from another vendor and it cannot be conclusively demonstrated that Burlingame's service caused the defect, problem, or difficulty a. SUBCONTRACTS. Burlingame shall charge San Mateo for outside services as utilized and as documented in Burlingame's Work Orders. Such services shall be marked up by ten percent (10%) to pay for the expenses incurred by Burlingame in obtaining and administering the outside services. San Mateo may find that directly contracting for such outside services will save San Mateo money. This ten percent (I0%) surcharge shall not apply if San Mateo chooses to directly contract for such outside services. Warranties and guarantees for subcontracted work shall be those given by the subcontractor. Warranties and guarantees for work performed by Burlingame in connection with that subcontracted work shall be as stated above. b. PARTS AND SUPPLIES. All parts and supplies shall be billed at cost to Burlingame except for oil and filters, which shall be marked up by fifteen percent (15%)to account for the costs of used oil and crushed filter pick-up. c. LABOR RATE. The labor rate atthe time of this Contract shall be Sixty-five and no/00 dollars ($65.00) per hour. This rate shall be automatically adjusted by the percentage change whenever the hourly rate of pay for the Burlingame employee classifications performing the services is changed pursuant to a memorandum of understanding between the employee organization representing that classification and Burlingame. Burlingame shall provide thirry (30) days prior written notice before any such change takes effect as to this Contract. 2. PAYMENT. The Contract charges accruing during a given calendar month shall be paid to Burlingame at 501 Primrose Road, Burlingame, california 94010. a. SUBMITTAL OF INVOICES. Burlingame shall submit invoices on a monthly basis in arrears for actual services provided and costs incurred. Invoices shall include an itemization of parts, labor, and outside services. Invoices shall be provided within ten (10) days following the month of service to San Mateo at the following address: San Mateo Fire Department, 5l l 330 W. 20th Avenue, San Mateo, CA94403. b. TIME OF PAYI\4ENT. San Mateo shall pay invoices within thirty-five (35) days of submission. However, San Mateo may determine that it will pay only a portion of an invoice because of a dispute over a specified item or charge. Should San Mateo determine that it will not pay the entire invoice submitted, San Mateo shall specif,, in writing to Burlingame what the item(s) disputed are and what the reason for the disagreement is rro lut.. than ihe thirry- 6autoshopsanmateo.d rf .wpd August 26,2002 fifth (35th) day after submission of the invoice. San Mateo shall pay the balance of the invoice that is not in dispute. However, payment of an invoice does not waive the right of San Mateo to later determine that an item or charge was not proper or justified and to pursue its remedies regarding such an item or charge. In the event that amounts not in dispute are not paid within thirty-five (35) days of the invoice date, interest shall be paid on these amounts at the rate of one and one-half percent (I-ll2%) per month, or such lesser rate as may be the maximum interest rate permitted by law, on the unpaid balance computed from the thirty-sixth (36th) day until the date paid. 3. AUDIT. San Mateo or its authorized agent shall have the right to examine all records and data of Burlingame concerning Burlingame's performance and cost accounting under this Contract at any reasonable time. D. INSURANCE AND INDEMNIFICATION 1. INSURANCE. a. BY BURLINGAME. San Mateo understands and agrees that Burlingame is self- insured for almost all liability, workers' compensation, and property damage losses, including any that may be suffered because of, or related to, the services to be performed under this Contract. Specifically, San Mateo agrees that Burlingame shall not te required to, nor does Burlingame intend to, procure or purchase any property insurance to provide indemnity coverage on San Mateo vehicles to be serviced and repaired under this Contract. b' BY SAN MATEO. Burlingame understands and agrees that San Mateo has its own insurance program for liability, workers' compensation, and properfy damage losses. 2. INDEMNIFICATION. The following express indemnification agreements shall apply to this Contract: a. Burlingame shall indemniti and hold harmless San Mateo, its boards, commissions, officers, employees, and agents, both elected and appointed, from and against all claims of liability to third parties (including Burlingame, and Burlingame's subcontractors, employees, associates and other persons assisting Burlingame on a paid or voluntary basis) for injury to or death of persons, or loss of or damage to property proximately caused by the negligent, wilful misconduct, or other conduct for which Burlingame may be held liable under State or Federal law directly arising out of or directly in connection with the performance of maintenance or repair of San Mateo vehicles under this contract. 7autoshopsanmateo.drf.wpd August 26,2002 However, this provision shall not apply to liability arising solely from the negligent actions or wilful misconduct of San Mateo in operating the vehicles. Neither shall this provision apply to liability arising solely from negligent acts or wilful misconduct committed by San Mateo, its officers, agents, or employees while in Burlingame. 3. DEFENSE OF SUITS. Burlingame shall defend all suits brought upon such claims for which Burlingame indemnifies San Mateo as stated in paragraph 2 above and pay all costs and expenses incidental thereto. San Mateo shall have the right, at its own expense, to participate in the defense of any suit, without relieving Burlingame of any obligation hereunder. 4. NOTICE OF CLAIMS AND LITIGATION. San Mateo shall give Burlingame prompt notice in writing of the institution of any suit or proceeding by filing a claim in the form required by the Burlingame Municipal Code and permit Burlingame to defend same, and shall give all needed information to which San Mateo has access or possession to do so. Burlingame shall similarly give San Mateo immediate notice of any suit or action filed or prompt notice of any claim arising out of the performance of the Contract. Burlingame shall promptly furnish San Mateo with copies of all pertinent papers received by Burlingame regarding such a claim or lawsuit. E. GENERAL PROVISIONS 1. APPLICABLE LAWS. This Contract is subject to all laws of the federal government of the United States of America and the laws of the State of California. All duties of either party shall be performable in San Mateo County, California. The applicable law for any legal disputes arising out of this Contract shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate superior or municipal court in and for San Mateo County, California. 2. NOTICES. All notices required or permitted hereunder shall be in writing (unless another medium is expressly authorized herein) and will be deemed delivered upon the earlier of the following: (1) the day when actually received or (2) the third (3rd) business day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) and addressed to ih. ,.rp..tive other parfy as follows: To San Mateo: Chief San Mateo Fire Department 330 W. 20tr Avenue San Mateo, CA 94030 Iautoshopsanmateo.d rf .wpd August 26,2002 To Burlingame: Chief Burlingame Fire Department 501 Primrose Road Burlingame, CA 94010 3. MERGER; ENTIRE AGREEMENT; AUTHORITY. This Contract contains the entire and integrated agreement between San Mateo and Burlingame and supersedes all prior negotiations, representations and agreements, whether written or oral, unless otherwise expressly provided in this Contract. 4. SURVML. Notwithstanding San Mateo's acceptance of services and payment of any charges or purchase price therefor, and notwithstanding the expiration of the Contract Term, Burlingame shall remain obligated to San Mateo under all provisions of this Contract which expressly or by their nature extend beyond and survive such acceptance and payment. 5. FORCE MAJEURE. Timely performance by both parties is essential to this Contract. However, neither San Mateo nor Burlingame shall be liable for delays in performing its obligations to the extent the delay is caused by Force Majeure, provided that no time extension because of Force Majeure shall ever be allowed unless: (a) promptly upon the occulrence of a Force Majeure, the party whose performance is delayed thereby shall provide the other party with written notice of the cause and extent thereof as well as request for a time extension equal to the estimated duration thereof; and (b) within seven (7) calendar days of the cessation of the Force Majeure, the party whose performance was delayed shall provide the other party with wriuen notice of the actual delay incurred, upon receipt of which the time of the delayed performance shall be extended for the time actually lost by reason of the Force Majeure. 6. NON-WAIVER. Failure of either party to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies provided herein or by law, or failure of either party to notify the other properly in the event of default shall not release the other par:ty from any of the obligations of this Contract, and shall not be deemed a waiver of any right of the parties to insist upon strict performance hereof or any of its rights or remedies as to prior or subsequent default hereunder. 7. REMEDIES CUMULATM. The rights and remedies contained in this Contract shall not be exclusive but shall be cumulative of all rights and remedies now or hereafter existing whether by statute, at law, or in equity; provided, however, neither parfy may terminate its duties under this Contract except in accordance with the provisions hereof. Iautoshopsanmateo.drf.wpd August 26,2002 8. AMENDMENTS OR MODIFICATIONS. No amendments or modifications of any kind to this Contract shall have any effect or be binding on either party unless the modification or amendment is in writing signed by both parties. This Contract is entered into on the date first written above. CITY OF SAN MATEO CITY OF BURLINGAME By_By Recommended by Recommended by: Chief, San Mateo Fire Department Chief, Burlingame Fire Department ATTEST:ATTEST: City Clerk City Clerk APPROVED AS TO FORM APPROVED AS TO FORM San Mateo City Attorney Burlingame City Attorney autoshopsanmateo.drf.wpd 10 August 26,2002 EXHIBIT A OUTLINE OF MAINTENANCE AND REPAIR General repairs offered : Brake work Drive lines Pump packing Valving Electrical lighting and wiring Batteries Starters and alternators Gauges Repair work not offered: Engine replacement, overhaul or rebuilding Transmission replacement, overhaul, or rebuilding Pump replacement, overhaul, or rebuilding Preventative maintenance offered : Safety inspections pursuant to an agreed-upon checklist (vehicle and equipment) Oil and oil filter changes and lubrication of chasses Transmission oil changes Filter changes and replacements (transmission, hydraulic, coolant, fuel, air) Cartridge changes and replacements a utoshopsanmateo.d rf .wpd A-1 August 26,2002 STAFF REPORT 8c 9lt6l02 HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: APPROVED BY:September 9,2002 PUBLIC WORKS RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGR EMENT WITH THE CULVER GROUP FOR ENGINEERING DESIGN SERVICES FOR WATER MAIN REPLACEMENTS WITHIN THE BURLINGHOME, EASTON NO. 5 AND EASTON NO. 7 SUBDIVISIONS - CITY PROJECT NO. 80770 Agenda Item # MTG. Date TO: DATE: FROM: SUBJECT RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing a professional services agreement with The Culver Group in the amount of $509,265. BACKGROUND: City Council has approved an annual water system capital improvements program (CIP) budget of $4,500,000 to replace aging water system infrastructure within the City of Burlingame. The first CIP project involves the replacement of undersized, inaccessible water mains at the end of their service life located within the Burlinghome, Easton No. 5 and Easton No. 7 Subdivisions. The water mains are located in easements behind the homes, rather than in the street as is typical. DISCUSSION: A request for proposals (RFP) for the design of the water main replacements was sent to a large number of prospective consulting engineering firms on July 23,2002. The City received six proposals, interviewed all six prospective firms, and verified individual project references. The Culver Group was selected as the firm with the best qualifications based on their experience with both the engineering design of water main replacement projects and with public interaction on similar projects. The scope of work includes the following: o Coordinating approximately 500 individual home inspections with home owners within the subdivisions . Inspecting existing water service connections . Obtaining approval from approximately 500 individual home owners regarding the final service connection routing and hookup . Surveying o Preparing a pre-design report and detailed construction cost estimates . Preparing30%o,90Yo, and 100% design submiual packages o Distributing final design packages to prospective contractors o Assisting with bidding and award of the construction The City has negotiated the scope of work and fee for the design and finds it reasonable for the level of anticipated effort. The design effort proposed by The Culver Group was similar to that proposed by the other competing consulting firms. Additionally, the $509,265 cost for design engineering services represents approximately l4Yo of the estimated $3,500,000 total construction cost to replace the water mains. This design fee is within the normal industry range of l0%o to 20%o of total construction costs and is reasonable given the scope and complexity of the project. Staff Report 9 September 2002 Page2 of 2 The project will involve constructing new mains within the streets which will provide better access for maintenance, improved water quality, water pressure and flows for the residents and is intended to increase the amount of water available for fire protection. Design work is scheduled to start immediately with the first phase of construction scheduled for summer 2003. EXHIBITS: Resolution, Agreement BUDGET IMPACT: Financing of the long term water main replacement program will be accomplished through the issuance of bonds. Funds for this project are available in the 200212003 Water System CIP. c:City Clerk, City Attorney, Phil Scott, EKI, The Culver Group S :\APublicWorksDirectory\Staff Reports\CulverGroupDesign. doc :" RESOLUTION NO. AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THE CULVER GROI.JP WATER MAIN REPLACEMENTS WITHIN THE BURLINGHOME. EASTON NO. 5 AND EASTON NO. 7 SUBDIVISIONS CITY PROJECT NO. 80770 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certit/ that the foregoing Resolution was introduced at a regular meeting of the City Council held on the dav of 2N2, and was adopted thereafter by the following vote. AYES: NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Clerk AGREEMENT FOR PROFBSSIONAIJ EIIGTNEERING DESIGN CONSI'I.TNIT SERVICES WATER IIAIN REPIJACEI{EIrTS WITEIN TIIE BI'RL I}IGHOf,'E NO. 5 AIID EASION NO.7 SI'BDIVISIONS CITY PRO"ECT NO. 80770 THIS AGREEMEIiIT is enE.ered into bhis d,ay of _, 2OO2 ,by and between the City of Burlingame,SEaEe of California, herein called Ehe 'City', and THE CITIJVER cROIrp, engaged in providing ENGII{EERING DESIGN consulEingservi-ces trerein calIed Ehe,,Consultant.,,. RBCTTAIJS A. The City ia considering undertaking activiEies for engineering d.egigTrconsulEing aervic€a for th€ water uain ReplaceoenEa within the BurlinghoBe,Eaaton No. 5 and Easton No. 7 SubdLvigLong. B. The city desiree to engage a.. corrsEructioa Management consurEant to provideinspection testing services i-n conjurcEion with resurfacing major city streetsbecause of the consultant.'s experience and quali.ficaEions to perform the desi-red.wolk - c. The consultant represents and affirms that it is qualified and wilring Eoperform the desired work pursuanE Eo this Agreement. AGREEMETCIS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOI,LOWS: EXHIBIT A SHAIJL BE UIDE AS PART OF THI9 AGREEIIENI. 1. scope of services. The consulEant sharl provide a1r services as set forEhin Exhibit A of this agreement. 2. Time of performance. The servi-ces of the consurtant. are to commence uponthe execution of this Agreement. wiEh cor.pletion as on or abouE April 2003. 3. compriance wiEh Laws. The consultant sharl comply with ar1 applicableIaws, codes, ordinances, and reg.ulaEions of governing federal, staee ana focatlaws. Consultant represents arld warrants to CiEy that it has all licenses,permits, qualifications and approvals of whatsoever nature which are legallyrequired for consultant Eo practice its profeesion. consultants represenEs a.dwarrants tso CiEy that Consultant shaLl, at its sole cost and expense, keep ineffect or obtain at all times during the term of this AgreemenJ any ]icensee,permits, and approvals which are 1egal1y required for conaurtant. to practice itsprofession. consulLanE shatl maintain a City of Burlingame business license. 1 E : \A Purrric rlolks Dl,!ecro.y\pRdrECrS\SO77O\COXSUL' REVISED.3con,rpd 4. SoIe Responsibilitv. Consultant shall- be responsible for employing or engaging all persons necessary to perform the services under Ehis Agreement. 5. lnformaL ion/Report. Handlinq. A11 documents furnished to consurtant by thecity and aLl reports and aupportive data prepared by the consultant under this Agreement are Ehe city's property and sharl be delivered Eo the city upon thecomplet.ion of Consultant,s services or at the City,s written request. AtIreport.s, informaE.ion, data, and exhibits prepared or assembled by Consultant. inconnection with the performance of its services pursuant tso this AgreemenE areconfidentiar until released by the city to the public, and the cons;ltant. sharrnot make any of the Etrese documents or informatioB available to any individualor organization not employed by the consurtant or the city withouts the written consenE of the City before such release. The City acknowledges that the reportsto be prepared by the Consultan! pursuant tso this AgreemenE are for the purposeof evaluaEing a defined project, and city's use of the information contained inEhe reports prepared by Ehe consultant in connection vrith oEher projecte shallbe sole1y at. Cily's risk, unless Consultant expressly consents Eo such use inwriting. City further agrees that it will not. appropriate any methodology ortechnique of consurtant which is and has been confirmed in writing by consultantta be a trade secret of Consultant. Consultant may reEain a copy of suchconfidential documents for its records. 6. compensation. comperraation for consurt.ant.,s professional aervices 6har1noE exceed S509,255.00, and payment shall be based upon City approvaL. Billing shalI be accompanied by a detailed explanation of che work performed bywhom aE whaE rate and on what date. Also, plans, specification", do.lraa.,.t, o1:other pertinent materials shall be submitEed. for City review, even if onty inpartial or draft form. 7. Availabilitv of Records. consultsant shall maintain the records supportingthis billing for not. less than tshree (3) years following completion ot lle wort<under tshis AgreemenE. consultant shalr make Ehese records available toauthori-zed personnel of the city at the consurtant's offices during businesshours upon wriLten request of the Cj"ty. 8. Proiect Manaqer. The project Maaager for the consulLant. for the h'ork rmderthis Agreement shal1 be Raeaev llLsaen. 9. Proiect Manaqement and Biltinqs Duriog the course of the project and tosupport each and every invoice the consultant sha1l furnish contror reporEs thatshal1 include the fotlowing: (A) A narrative progress report of specific accomplishmenls during thereport.ing period, problems encounEered or anticipat.ed., plans forresolution of problems, accomplishments scheduled for the next reportedperiod, and resulEs of any significant acbivities. 2 s :\A Pub11. llork6 Direcrory\pROraCTS\aO7ZO\CONSOT,T RBVISm.3coa,rpd (B) A cost report. for each task showing! 1. Current period and cumul-ative expenditures tso date.2. Eslimated cosE to complete and at completion.3. Est.imated date to complete. 4. Approved budget and approved contract amount. 5. A comparison of the estimated cost at. completion with the approved budget. to show any variance. 10. Assiqnabilitv and subconEracEinq. The services to be performed und.er thisAgreement are uBique and personal to the Consultant.. No portion of theseservices sha11 be assigned or subconEracEed without the written consent of theCitsy. 11. Notices. Any notice required to be given sharl be deemed to be dury andproperly given if mailed postage prepaid, and addressed tor To City:Syed Murtuza, P.E./City Engineer City of Burlingame 501 Primrose Road Burlingame, CA 94 010 To ConsultanE:Ramsey His6en/ P. E. The Culver Group 6850 Regional Street, Dublin, CA 94 568 Tel: (925) 555-6252 Ste 210 or personally delivered Eo consultsant bo such address or such oEher addressConsultant designates in writing to city.as L2. Independeni: ContracEor. IE is understood that the Consultant, in Eheperformance of the work and gervices agreed to be performed, shall acb as and. bean independent contractor and no! an agent or employee of the City. As ani-ndepeodent conEractor he,/she ehall not obtain any rights to retirement benefitsor other benefit.s which accrue to City employee(s). 3 s: \A Publ1c flortd Dllecrory\pRoracrs\so?7o\coNsULT RavrsED. 3con.,pd Completed reports are Eo be submiLt.ed monthly, together with invoicesubmittal, unless dj.recEed otherwise by the Citsy,s project manager. Theinvoice shall be accompanied by a cost breakdown shovring specific personand classification being billed for the period by Eask. Failure ofconsultanE to submit. and updaEe plans or furnish required report.s asdirect.ed shall, consEitute cause for suspension of pa)ment of the invoj-ces - Mark-up of subcontracted work ehall be no more Ehan l-O percent., and mark-up on any materials, supplies, and gervices shall be no more than 5percent. There strall be no separate palmenls for local Eravel in the BayArea, any phone service/ca1ls, routine reproduction excepE for print.ing offinal contract documents, or other support costs for consultant osubconsul"tant. with prior writt.en consent, Ehe Consultant may perform some obligations underthis Agreement by subcontracting, but may noE delegate ulEimat.e responsj-biliEy for performance or assign or transfer interest.s under this Agreement.. 13. Confli-cE of InCerest. Consultant uDderstands that its professionalresponsibi-lities is so1ely to the city. The consuttant has and shalr not obEainany holding or interest within tshe City of Burlingame. ConsulEant has nobusiness holdings or agreemenEs with any individual me.nber of the staff or management of Ehe City or iEs represenEatives nor shall it enter into any suchhordings or agreements. rn addition, consurlant warrants Ehat it does noEpresently and sharl- not acquire any direct or indirect interest adverse to thoseof the City in the 6ubject of this Agreement, and. it shaLl immediatelydisaasociate iEself from such an interest should it discover it. has done so andshaI1, at the city's sole discreEion, divest itself of such interest. consultantshall not knowingly and sharr take reasonabre steps to ensure that it does notemploy a person having auch an interesE in this performance of this Agreement.If afcer emplolment of a person, Consultant. discovers iE has employed a personwith a direct or indirect int.erest Ehat. would conflict with its performance ofthia Agreement, consultant shall promptly notify city of this ernploymenrrelationship, and shall, at. the City,s sole discret.ion, remove such person from tshe proj ects . 15. Insurarrce - A.Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duraEion of thecoaEract, ceneral Liability insurance policies insuring hj-m/her and his,/her firmto an amourrt. noE less tharr: one million doltara ($1,OOO,OOO) combined singlelimit per occurrence for bodily injury, personal injury and property damage. ii. Co4sultant agrees to have and maintain for the duration of Ehecontract., an Autsomobile LiabiLity inaurance policy ensuring him,/her and his/herstaff to an amount not lesa than one million dotlara ($1,ooo,ooo) combined singlelj-mit per accident for bodily injury and property damage. 4 s:\a rrrbltc ro*5 Dileciory\pRoJBcrs\3o770\cDNsrrLT REvrsED.3coa,II)n consultant. agrees Eo Eestify in any litigation brought regarding Ehe subject of Ehe work to be performed under tshis Agreement.. ConsulEant shall be compensat.edfor its cosEs and expenses in preparing for, Eraveling Eo, and Eestsifying in suchmatters at iEs then current hourly rales of compensation, unless such litigationis broughE by consultant or is based on allegations of Consult.ant's negligenEperformance or wrongdoing. L4. Ecrual Emplovment. OpporEunitv. Consu1tanE. warrants that. it is an equalopportunity employer and shall comply with applicabJ"e regulat.ions governing equalemplolment opporlunity. Neither consultanE nor iEs subcontractors do and neithershal1 discriminale against persons employed or seeking emplo)ment with them onthe basis of age, sex, color, race, marital atatus, sexual orientation, ancest.ry,physicar or menEal disability, nationar origin, religion, or medicar condition,unless based upon a bona fide occupat.ional qualificaEion pursuant Lo theCalifornia Fair Emplo)ment & Eousing Act. iii. Consultant. ahall provide tso tshe City all certificates ofinsurance, wiEh original endorsements effecting coverage. Consultant. agrees Ehatall certificates and endorsements are to be received and approved by the Citybefore work commences - iv. Consultant agrees to have ald mainEain, for Ehe duraEion of thecontract., professional liabiLity insurance in amounts not less Ehan gt",OOO,o0o which is sufficienE to insure consurtant for professional errors or omissions inthe performance of the particular scope of work under this agreement. B.General Liability: i. The City, j-Es officers, officials, employees and volunteers areto be covered as insured as respecls: liability arising out of act.ivitiesperformed by or on behalf of the consultant; products and compreEed operationsof consultanE, premises owaed or used by the consurtaot. This requiremenE doesnot appry to the professional liability insurance required for professionalerrors and omissions. ii. The ConsulEant'a insurance coverage shall be primary insuraaceas respects the city, its officers, official,s, employees and volunteers. Anyinsurance or self-insurances maintained by Ehe city, i.ts officers, officials, emproyees or vorunt.eers sha1l be exceas of the consurEant,s insurance and sha1lnots contribuEe with its. iii. Any failure to comply with reporting provisions of the policiesshall not. affecE coverage provided to the city, its officers, officials,employees or volunEeers. iv. The consultant's insurance sha11 apply separaEely to eachinsured against. whom a claim is made or suit is brought, except with respect tothe Limits of the insurer's liability. C. AlI Coverages: Each insurance policy required in this iEem shatl beendorsed Eo state that coverage shall not be suspended, voided, canceled, red.ucedin coverage or in limits excepE afEer thirtsy (30) days, prior written noEice bycerlified mai1, return receipt requested, haa been given Eo Ehe City. current.cerEification of such insurance ghalr be kepE oD fite at all times during bheterm of thls agreement with the City C1erk. D. In addition to these policies, Conaultsant shall have and maintainI{orkers' compensation insurance as required by california law and shal1 provideevidence of such policy to the City before beginling services unaer gtris Agreement. Further, consultant shall ensure that aLl subcontractors emptoyed byconsultant provide the required workers' compensation insurance for theirrespective employees. 16. rndernnification. The consurtant sharl save, keep aad hor-d harmlessindemnify and defend the citsy its officers, agent, emproyees and vol.urteers fromall damages, liabilit.j-es, penaltiea, costs. or expenses in 1aw or equity that mayaL any time arise or be set up because of damagea to property or personal injuryreceived by reason of, or in the course of performing work to the exEent caused 5 s :\a Publtc lloihs Dilecrory\pRoJBcrs\so77o\coNsur,T rsvrsEEr.scoa.vpd by a wiIIfuI or negligent act, g.f.EgEEi or omissions of the Consultant, or any of the Consultant,s officers, employees, or a5Jents or any subconsulEant. L7. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right, or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a contj-nuingr waiver of a subsequent breach of the same or any other provision of t,his Agreement. 18. Governins Law. This Agreement, regardless of where executed, sha1l be governed by and construed to the laws of the SEate of California. Venue for anyaction regarding this Agreement shall be in tshe Superior or Municipal Court, ofthe County of San Mateo or Santa Clara. 19. Termination of Aqreement. The CiEy and the Consult.ant shall have the rightto terminat,e this agreemenE with or without cause by giving not less than fifteen(15) days written notice of termination. In tshe evenE of termination, tsheConsultant shal1 deliver tso the City all p1ans, files, documents, reports,performed to datse by tshe ConsultanE. fn the evenE of such termination, Citsysha1l pay ConsulLant an amount t,hat bears the same ratio to the maximum contractprice as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shalI be adjusted in light of the part.icular fact,s and.circumstances involved in such terminat,ion. 20. Amendment. No modification, waiver, mutual termination, or amendment ofthis Agreement is effective unless made in writing and signed by the City and theConsultant. 2L. DispuE,es. fn any dispute over any aspect of this Agreement,, Ehe prevailingparty shall be entit,led to reasonable at.torneyrs fees, as well as costs nots toexceed $7,500 in total. 22. Ent,ire AqreemenE. This Agreement constsitutes the complet,e and. exclusivestatement of the Agreement between the City and Consult,ant. No Eerms,condiEions, understandings or agreemenEs purporting to modify or vary thisAgreement, unless hereafEer made in wriEing and signed by tshe party to be bound,shall be binding on eiEher part,y. 6 s : \A Public works Directory\pRoirBg[s\ 80 ??o\clcNslrLT RsvIsED. 3 con. rpd IN WITNESS WIIEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame Bv City Manager City of Burlingame Consultant: The Culver Group Print Name TitIe ATTEST:Approved as to form: City Clerk CiLy Attorney Revised: September 9, 2OO2 Page 7 of 7 CONSt LT. CON. wRD . doc EXHIBIT A Request for Proposal and Request for Qualifi cations City of Burlingame Water System CIP Projects Scope of Work: The professional services in this contract include a predesign report, 100% PSE and assistance during the bidding process for areas MRI and MR3. The predesin report will include a discussion and cost estimate for area MR2. Task 1: Predesign Report The Culver Group will set up a meeting with the stakeholders and the involved parties; the purpose of this meeting is to identify stakeholder representatives, exchange information, and to develop constraints, requirement and opportunities. The stakeholders are but not limited to the City of Burlingame staffin the Engineering Division, the Water Division, the Street and Sewer Division, the Police Department and Fire Departrnent, Pacific Bell, AT&T broadband, Public Affairs Management and Erler and Kalinowski. The Culver Group will work closely with City Staffand Public Affairs Management on all issues, in particular public and community sensitive issues. We propose weekly progress meetings with City staffand other stakeholders as needed to provide a forum for discussing project development, progress and next steps. The Culver Group Team will coordinate meetings and will prepare minutes of the meetings. We will develop action plans and action items to be carried out by various parties. These action items will be clearly documented with corresponding due dates and will be distributed to the meeting participants. Task 1.2: Utilities Coordination and Verification Accurate utility information is critical for the success of this project. Horizontal and vertical locations of the utilities are needed to determine the optimal alignments for the water main, the lateral service lines and other appurtenances. The Culver Group Team will request for utility plans and information. The utilities companies identified are, but not limited to, the City of Burlingame Street and Sewer Division, The City of Burlingame Water Division, the City of Burlingame Electrical Division, PG&E, ATT Broadband, Pacific Bell and other communications companies I The Culver Group Task L.1: Project Commencement and Information Gathering The project will commence with a meeting between the Culver Group Team and City staff. The purpose of the meeting is to exchange inforrration needed to commence the successor tasks. During this meeting the Culver Group will present a schedule outlining all tasks, durations and milestones necessary to successfrrlly complete each and every task under this procurement. Request for Proposal and Request for Qualifi cations City of Burlingame Water System CIP Projects It was noted during our field observation that many of the utilities are aerial and occupy joint utility poles. Subsequently, the underground utilities will be verified for grade and line. This effort can be accomplished by various methods utilizing the respective utility's forces. To expedite response, the Culver Group Team has retained the services of Miller Pipeline, an established firm specializing in utility verifications. Miller Pipeline is available to perform the necessary non-destructive services to ascertain exact line and grade of underground utilities. Our proposed utility coordinator will oversee the utility verification effort and will document field conditions. In many cases sewer line grades may be verified by simple survey procedures. The utility information will be documented in a utility matrix and will be transferred to the plans. Additional individual property service line verification may be needed. The Culver Group will retain the services of utility line locator. This is to ascertain location of the service lines such as gas lines, telephone lines and others. Task 1.3: Site Reconnaissance, Photo Plans and Profile Sheets Showing All Utilities The Culver Group Team will conduct a thorough site reconnaissance and information gathering of the entire project. We propose to develop a photographic record of the project. This effort will assist during the design phase and will provide for pre- construction conditions. This effort will commence after the property owners receive City public information notice. This is estimate to be on October l,2OO2. The Culver Group will supplement the currently available city maps and plans with new a fieldsurvey as approved by the City. The survey will accurately ascertain physical locations of improvements. The survey will also reflect information not available in aerials, such as hidden areas, inverts, utility valves, affected signs and other features. The utility information will be integrated onto the plans and will show horizontal and vertical locations of all utilities. The utility information will be provided as part of the contract plans and will also be used in designing the optimal alignments of the proposed water distribution main, the new service lines and other appurtenances. 2 The Culver Group Request for Proposal and Request for Qualifi cations City of Burlingame Water System CIP Projects Task 1.4: Service Line Connections Design Each property will require an individual service connection plan. The Culver Group will prepare an individual service line installation designs for each house on9 y2X 11 sheets. This effort will be utilized in the final PS&E. A cost estimate for each home will be prepared reflecting all restoration efforts needed. Homes with water meters located in the rear of the property will pose installation challenges. The traditional cut and cover methods to connect the new service line to the existing water service point in the rear of the property will be disruptive and will have the potential of physical and public relations impacts. We anticipate that this type of installation would be, in most cases, costly and would impact certain improvements such as concrete driveways, landscaped are€rs, fences, sheds, garages and other possible improvements. To provide an alternative, the Culver Group Team has contacted several firms specializing in directional boring. This method of installation appears to be a feasible at this time. Two trenches approximately 2 feet by 2 feetwill be needed to accomplish this task. The directional boring trench can be located adjacent to the sidewalk and iurb area or if feasible can be done in the utility easement corridor. The receiving trench can be located adjacent to the new water meter. The preliminary cost estimates provided for directional boring service ranged from $7 per LF to $12 per LF. This proposed method will eliminate the impacts to the physical improvement to the properties and can be accomplished with minimal disruptions to the resident. The Culver Group Team will further research this altemative and make recommendations to the City foi approval. The Culver Group Team has discussed the feasibility of the service point connections to the properties. The exact location of the service connection points will be evaluated by a site visit to each home. We also will recommend that the alignment of the directional boring if utilized be adjacent to the structures and not underneath them. Generally connecting the service line directly to the dwellings water system in the crawl space may pose some difficulties. The homes, although well maintained, are old and potentially have fragile plumbing systems. A break in the home plumbing system can become a liability issue to the City. The Culver Group Team will conduct a thorough evaluation of this issue, and determine the best approach for each property for property owner and City approval. To assist in this general effort, the Culver Group Team has retained the services of a plumber" The Culver Group will contact each owner to arrange for an appointment to assess each home. This effort will commence after receiving the executed right of entry. Due to the time factor involved, the Culver Group Team is proposing to asslgn ffio frrll time staff members to conduct this effort. Somelssuer *uy arise such as absentee homeowners, rental properties and homeowners who may not be available during regular business J The Culver Group Request for Proposal and Request for Qualifi cations City of Burlingame Water System CIP Projects hours. The evaluation and analysis effort will require a significant amount of coordination and in some cases may occur during the weekend or after hours. The Culver Group Team has retained the services of a Landscape Architect. Their effort will be optional and will be used in evaluating and quantifying the landscaping impacts. Task 1.5: Stage Construction and Construction Activity Requirements, Constraints and a Preliminary Construction Schedule Preliminary stage construction plans will be developed during this phase. Properly designed stage construction plans are key to the success of the project. The preliminary stage construction plans will address logical sequencing of work and will take into consideration specific City and stakeholder requirements such as occupancy of work area, storage of equipment and material, allowed working hours, number of allowed displaced parking spaces at one time, noise requirements, allowed time frames for the service lateral cut overs and other City requirements. The Culver Group Team will develop the construction sequencing plans. We wilt utilize criteria to maximize the contractor's productions rates while taking into account the project constraints. The Culver Group Team will evaluate the logical phasing of this project based on fiscal constraints. We will also evaluate the limits of the proposed construction projects and we will recommend that the first construction contract address the less complicated areas and installations. This proposal will allow City staffand the Culver Group Team to learn of new opportunities that may be utilized in the subsequent construction projects. We anticipate the need for a staging area for the contractor. The City may consider providing an area for the contractor to store equipment and material during non-work hours. This may provide for some cost savings. Our Project Manager, Mr. Ramsey Hissen, P.8., will perform a thorough constructability review on the construction documents Task 1.6: Cost Estimate The Culver Group Team will prepare a detailed cost estimate utilizing the estimated quantities. The Culver Group Team will utilize the latest cost data and factor in the project sequencing, modified production rates and a project contingency. Task 1.7: Report Preparation The Culver Group Team will develop a comprehensive report incorporating a narrative, all derived plans, service line information, construction sequencing and cosl estimate. 4 The Culver Group Request for Proposal and Request for Qualifi cations City of Burlingame Water System CIP Projects This report will provide an accurate scope of work containing project opportunities and challenges. This planning and preliminary engineering information is neided for the next phase of developing detailed plans, specifications and estimates. This report will be submitted to the City for approval. The City Stafl stakeholders and the departmental input will be of utmost imporcance during this assignment. The Culver Group Team will make sure that there is an open line of communication between all parties through the completion of the project. Task 2: Prepare Plans and Specifications Task 2.1: Prepare30o/o Plans, Specifications and Estimate The Culver Group Team will work directly in association with WRECO, our water resource-engineering consultant, in preparing the plans, specifications and estimates. The Culver Group Team will prepare the complete set of construction documents that will include the layout sheets, utility plans, profiles and alignments, stage construction plans, construction details, contract quantities and specifications. We will perform site visits to determine the feasibility of the proposed alignments of the new water main. We will conduct a physical survey of the site and document all observations including locations of fire hydrants, water valves and other appurtenances and improvements. The Culver Group Team will provide the optimal alignment for the proposed water main. The alignment will be optimally designed to avoid utility relocationi. In the event of an unavoidable conflict, the Culver Group Team will work closely with the effected utility company in designing a utility relocation plan for the conIlict. The Culver Group Team has retained the services of a Kleinfelder for Geotechnical expertise and R.B. Welty and Associates, for structural engineering expertise. In the event that the specialty services are needed, the Culver Group Team istapable of mobilizing these sub-consultants immediately. Individual property new service line plans will be incorporated into the pSE. 5 The Culver Group Request for Proposal and Request for Qualifi cations City of Burlingame Water System CIP Projects The Culver Group Team will also complete fire hydrant connection plans and all other necessary details and plans. Right of entries will need to be secured prior to the construction phase. The Culver Group Team is available to take the lead on this task or to assist the City in this effort. During this phase contract quantities will be developed and the cost estimate updated. The Culver Group Team will prepare the plans and specification suitable for public bidding in CSI format. The Culver Group Team will work closely with City staffand will provide the3}%plans and specification for review and comment. Task 2.22 Prepare90 o/" Plans, Specifications and Estimate The Culver Group Team will continue with the effort to advance the design and specification to the g}Yolevel. This effort will encompass developing the final details and incorporating the comments from the City's review. The cost estimate will be updated. Task 2.3: Prepare 100 7o Plans, Specifications and Estimate The Culver Group Team will continue with the effort to advance the design and specification to a 100% level. Comments from the City's review and all concerned parties will be incorporated in the plans, specifications and estimate. Task 3: Provide Assistance during Bidding Task 3.1: Distribution of Contract Documents The Culver Group Team will assist the City in all efforts necessary to successfully advertise, conduct the pre bid meeting, address bidder inquiries, prepared necessary addenda and assist in awarding the project The Culver Group Team will distribute the completed Contrdct Documents to appropriate bidders' exchange and prospective bidders. Task3.2: Pre Bid Meeting The Culver group Team will be available to assist the City with coordinating and setting the pre bid meeting. We anticipate the need to document the pre bid meeting for future - reference. The pre bid meeting will require a specific agenda and rules. 6 The Culver Group Request for Proposal and Request for Qualifications City of Burlingame Water System CIP Projects Task 3.3: Addenda Preparation The Culver Group Team is available to prepare any and all required addenda and to inform the city as to the nature and the costs involved. Task 3.4: Contractor Bidder Inquiry The Culver Group Team is available to address all bidder inquiries. As part of our proposed effort we will propose to formalize the effort and request all bidder inquires in writing. The Culver Group Team is available to create a web address and place all bidder inquires and response onto the Internet. This will allow for an even playing field between all prospective bidders. 7 The Culver Group Request for Proposal and Request for Quali{ications City of Burlingame Water System CIP Projects Cost Proposal: The attached cost proposal is for providing professional services for a predesign report, 100% PSE for areas MRl and MR3 and for providing bidding assistance. The predesign report will include discussion and projected cost for area MR2. The attached cost proposal provides the hours for the project tasks and expands the information by providing hourly staffrates and costs for the individual tasks and assigned staff members. Two provided City milestones, the notice to proceed of September 17,2002 andthe award of the construction contract of April 1,2003 establishes the durations of the tasks. Cost for transportation, printing and other direct expense will be billed at cost. These expenses are estimated at $7,500. We have retained the service of Miller Pipeline for pot holing services. We have allocated an allowance of $10,000 for their respective services. On site utility verification will be done on an as need basis and is estimated at $ 20,000. The services of a survey crew will be necessary during the project development phase. The Culver Group will perform the survey effort for this assignment. For estimating purposes we have set an allowance of $20,000 and will be used as necessary. Summary: Pot Holing Field Survey Direct expense estimate Possible Totals $30,000 $20,000 $ 7.s00 $57,500 Total Cost for Professional Services $451,765 Total Cost of Project not to exceed $509,265 The Culver Group 0 0 17SEP02 -'10 Start Projoct 2 2 18SEP0220Meeting w/Clty Staff - Obtain lnformation 20 20 18SEP0230Utilitios Coordination & Verification 18SEP02Site Reconnalssance, Photo Plans & Proffle 20 2040 38 38 090cT0250Design of New Service lnstallation 14 14 12NOV0260Prepare Preliminary Construction Sequence Prepare Preliminary Cost Estimate70 7 7 09DEC0280Prepare Pr€design Report 1 1 17DEC0290Deliver Predesign Report to City 020cT02Start Design Activities 0 0s5 52 52 020cT02100Preparo 30olo Plans & Specifications 5 5 09DEC02110Prepare 307o Cost Estimate Submit 307o PS & E to City124 130 City Review of 30% PS & E 140 Prepare 90% Plans & Specificatlons 02JANOSlncorporate City Comments '10 10150 5 5 09JANO3160Prepare 90% Cost Estimato 1 1 16JANO3170Submit 90% PS & E to City 8 8 17JANO3180City Review of 90% Design 17JANO3Prepare 1007o Plans & Specifloations '15 15190 5 5 29JANO3200lncorporate City Comments 3 3 MFEBO3210Prepare 100% Cost Estimate 100%PS&EComplete220 1 1 OTFEBO3230Submit 100% PS & E to Clty 235 Design Effort Complete lOFEBO3Assist City with Bid & Award of Constr 37 37240 19SEP02 OStart Project f,Meetlng Wolty Steff- Obtain lnformatlon ry Uulities Coordination & Verifrcation ,QSite Reconnaissance, Photo Plans & Profile E Design of New Service lnstallation 150cr02 150CT02 02DEC02 02DECO2 ry Prepare Preliminary CQnstruction Sequence frl Prepare Preliminary Cost Estimate & PrcPare Predesign RePort I Deliver Predesign Report to CitY OStart Design Activities 06DECO2 17DECO2 17DECOZ 13DEC02 30% Plans & Specifications '13DEC02 19Prepare 30% Cost Estimate Esubmit 30% PS & E to Clty Rl CiV Review of 307o PS & E ryPr6pare 90% Plans & Specifications 16DEC02 31DEC02 1sJANO3 1 sJANO3 dn lncorporat€ City Comments 1sJANO3 OPrepare 90Yo Cost Estimate f,Submit 9070 PS & E to City frClty Roviow of 90% Design FPPrepare 10070 Plans & Speclfications 1 6JAN03 28JAN03 06FEBO3 04FEBO3 lncorporate City Comments 06FEBO3 EPrepare 100% Cost Estimato 4100%PS&EComplete ESuOmit 100% PS & E to City O Deslgn Efiort Complcto 06FEBO3 OTFEBO3 OTFEBO3 OlAPRO3 Asslst City with Bid & Award of Constr Contract OlAPRO3 tlCity to Award Construction Contract245City to Award Constructlon Contract Run da .e O5SEPO2 Paoe number 'lA E EarlybarA Early start PointV Early finish pointE Progress bar - Critical bar -summarybara Start mil6stono PolntO Flnish mll6ston6 ooir City of Burlingame Water System CIP Proiects The Gulver Group Team 1ol 1ol22NOVo2 1l 1[16DECo2 1ol 101 17DECo2 2ol 2ol 17DEco2 ol 0l ol 0l ol ol Bte OI APRO3 a lgALJGO2 Page 1 of 2 Rcynoeo X. ey.., P.E ScdorDcdgm Eeh.rr tmaco aJo6F oooLo. .ra!F .o,o oo Eo. A LctElldotr$, O. Eae., P.E ScnlorArodd gtghc.t U'RECOTask tlescriptim tt . 3120 3100Rate l{our3 Totd/Test Hoorr Todlrt I Prt&daRelort 8 3960t-t Protctt Courcnccaent end Infomelion Gr&cftu Itiltrct Coordirullon rnd Vcrtfrcrttonl2 E 39CO t 3E00IJ:Sftc Rccornrbsre, Plrn , Pr,ofile ShGGa!, UtiEtlG. & 0Scrhc Lhc Corrrcctions Evetntlon udlhtkn1A '16 31.920 16 31.600t.!Sirlc Conrtnrcahn md hcliokrery Conrtnrc{lon Scln E $960 l5 31.600t.a CortErthe0c 8 396{'1 3,O01:t Reoort Preorrrtlon hcnene Plenr rnd Soccificrtionr2 Prcoerc 30 % PbB. Secctfcetbru rnd Eilhr0c {o 34.U'0 20 32.000LI {o m 3't.000L2h,cnerc !0'r5 ?ler. Socttfotlonr entErtlnitc $4,800 a0 s4r00 34 $3.{0023hcorlc 100 To Plrm. Spctrtlou rnd E afrr.ic I Provldc Arkt na durfu Bidd&E IXrffiutlen ef Contnct Documcrilrtt 1 3ae,!.1 Prc lfd Moe&E 3.l 2 J2{i0 E 3800Adderdr PrcD.rr{on ^ 2 32aO Et..Centrrcner Hl&r Inmdry $Eoo 776 321.120 134 3t3JOoTotd llourslCoet Dcf,Tean Xember The Cutver Group Page 2 of 2 .xo6F .o =o (,o o o- Ethl{ludqror l(cyln Trn Englnoqlne Tcctot rmTOG Totd lloon TOTALTASK SUbTASK Tet 3m _fi:! ! Prcoere Prederbr Rcoort 1.6(,;t t1t.960 t.t Prolcct Coamenement md Infometien Gr0rcrhc 16 32.r)(} l2 Utlltdc. Ccordhrtlon md Vcrifceaion 1tu 313.600 'J Sltc Rccomrbrtcc, Plrn , hoflc Shcctr, Udfitlcr Phnr 216 IA Scrvlcc thc Comccdou Evelrrrloa md Ilcrbl 314J00 9E0 i.5 Sarae Conrtnrc{on rnd Prcthh.ry Comtnrctlon Sdredule 96 310.960 l.c CortErdmile E'3E.1EO 1.7 Rcrort Pneparrtim 66 2.811 Pre-plrc 3O 96 Plrnr, Spccifcefonr rrd ErtlmrtcL7 t oTt-.- 2-2 lo44 ssE.lm zt Prtprrc f00 % Phrr, SDccffc.tldu rd Ertlmerc 719 $712s5 Provl& ArBarncc &rrfq BildiE x21 tt Dfuarihrtton ef Cenarrc{ Decrmrar a 32.480 t.2 32 33.520 t-3 ,Addcndr Prtparetlon EE 3E'260 t4 tContrrc0o r Bld&r Inguirv 76 Totat ]lourslCost pqrTeanr llernber zu 3t{.mo 4.667 t't51,765 3as1.765 Task Rate f-EiJ'Bs-lProject Total The Culver Grcup 32rJ60 2fi t6 7m tt02-590 37-tao : I I I I I I ; i : i I I I I i i I I I I i I I I .t : , : i . CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA Monday, September 9, 2002 Council Chambers I. CALL TO ORDER II. ROLL CALL ilI. MINruTES V. APPROVAL OF AGENDA There were no changes to the agenda. FROM THE FLOOR There were no public comments. VI. STUDY ITEMS No study items for review. VII. ACTION ITEMS 1a. 1b. Chair Keighran called the Septemb er 9, 2002, regular meeting of the Planning Commission to order at7:04 p.m. Present: Commissioners Auran, Boju6s, Brownrigg, Keighran, Keele, Osterling and Vistica Absent: Commissioners: None StaffPresent: City Planner, Margaret Monroe; Zorung Technician, Sean O'Rourke; City Attomey,Larry Anderson; Senior Engineer, Donald Chang Staff noted three editing changes to the minutes of the August 26, 2002 meeting page3,line 3 constructed instead of construction; line 11, ...romex of a kind which was a-material not used..., ffid line 27, l99l-93. The minutes were approved as amended. IV CONSENT CALENDAR - ITEMS ON T,HE CONSENT CALENDAR ARE CINSIDERED To BE RIUTTNE. THEY ARE ACTED ON SIMULTANEOUSLY WLESS SEPARATE DISCUSSION AND/OR ACTION IS REQUESTED BY T'HE APPLICANT, A MEMBER OF THE PUBLIC OR A COMMISSIONER PruON TO THE TIME THE COMMISSION YOTES ON THE MOTION TO ADOPT. Chair Keighran asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 2012 DAVIS DRTYE - ZONED R-l _ APPLICATION FOR LOT COVERAGE VARIANCE FOR A SINGLE STORY ADDITION (LISA STRIEBING, APPLICANT AND PROPERTY oWNER; STEWART ASSOCIATES, ARCHITECT) (52 NOTICED) PROJECT PLANNER: CATFIERINE KEYLON r8T9 MONTECITO WAY - ZONED R.l _ APPLICATION FOR FLOOR AREA RATIO VARIANCE AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A SINGLE STORY ADDITION (BINEY SAGOO, RYS ARCHITECTS, APPLICANT AND ARCHITECT; NATUBHAI D. AND NARMADABEN PATEL, PROPERTY owNERS) (45 NOTICED) PROJECT PLANNER: sEAN o,RouRKE 1419 COLTTMBUS AVENUE . ZONED R.l - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION (RANDY GRANGE, TRG ARCHITECTS, APPLICANT AND ARCHITECT; ROBERT AND MICHELLE SMITH, PR6PERTY OWNERS) (67 NOTICED) PROJECT PLANNER: SEAN O,ROURKE lc. , City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 ld. 1471 DRAKE AVENUE - ZONED R-I _ APPLICATION FOR A ONE YEAR EXTENSION OF AN APPROVED DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A SECOND STORY ADDITION AND UPDATE FOR MINOR CHANGES (KENNETH AND VANESSA KAMMULLER, APPLICANT AND PROPERTY OWNERS; PHILLP R. DIXON, ARCHITECTA.IESTOR C. REGINO, DESIGN ADVOCACY, ARCHITECT) (60 NOTICED) PROJECT PLANNER: CATHERINE KEYLON 1e.1832 & 1860 ROLLINS ROAD _ ZONED M.l _ APPLICATION FOR A ONE YEAR EXTENSION TO AN APPROVAL FOR A FRONT SETBACK AND TOTAL SITE LANDSCAPING VARIANCES, CONDITIONAL USE PERMITS TO VARY FROM THE PERFORMANCE STANDARDS IN THE M-l DISTRICT AND FOR VEHICLE PARKING IN THE DRAINAGE EASEMENT FOR AN INCREASE OF OFFICE SPACE [GARCIA/WAGNER & ASSOCIATES, C/O PACIFIC BELL, APPLICANTS; AMVALL rNC. (1832 ROLLINS ROAD) AND ART MTCHAEL (1860 ROLLINS ROAD), PROPERTY OWNERS; GARCIA/WAGNER & ASSOCIATES, ARCHITECT] (27 NOTICED) PROJECT PLANNER: CATHERINE KEYLON C. Boju6s moved approval of the consent calendar based on the facts in the staff report, commissioners comments and the findings in the staff reports with recommended conditions in the staff report and by resolution. The motion was seconded by C. Auran. Chair called for a voice vote on the motion and it passed 7-0. Appeal procedures were advised. This item concluded at 7:10 p.m. VUL REGULAR ACTION ITEM 750 WALI\UT AVEI\IIE _ ZONED R.l _ APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR ATTACHED GARAGE FOR A NEW TWO-STORY SINGLE FAMILY DWELLING (ASI CONSULTING ENGINEERS, APPLICANT AND DESIGNER; FITALI RUSLI AND JAJE DU, PROPERTY owNERS) (75 PRO.IF,CT PI-ANNER:AN O'ROI]RKF, Reference staffreport,g.Og.Oz,with attachments. ZT O'Rourke presented the report, reviewed criteria and Planning Department comments. Nine conditions were suggested for consideration. Chair Keighran opened the public hearing. Thomas Woo, representing the project, spoke noting that they tried to address the Planning Commission's concerns regarding the suggestions made at the last meeting. Commissioner noted that the front porch recedes back, would like to see the front porch moved forward. Applicant stated that they were concemed with guests coming over arld wanted to make sure they had a place to fark. Commissioner noted that the entry does not seem quite balanced, recommend that applicant look at changing front entry; excellent job of adding trees and shrubs along left side elevation, concerned that going to become a jungle, recommend removing the shrubs along left side. Applicant stated that they would *ut i that change. Commissioner asked if light fixtures have been added to the rear since the last review, concemed about high wattage bulbs affecting neighbors; applicant stated that they added light fixtures at the rear so that the owners could watch the children in the rear yard at night, the lot is big and light should not affect neighbors. There were no frrther comments and the public hearing was closed. C. Osterling noted the new changes are nice, need some work at the front entry, lights at rear are a concem. Made a motion to approve the project with changes to the front entry. The motion died from lack of a second. C. Auran made motion to place this project on the consent calendar with changes to the front enty to make it equallyproportional. There was no second. 2 City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 Comment on motion: This is an enormous house, should come back uN an action item, sifuation at front enby needs redesign to add balance, landscape changes and provide code compliant exterior lighting. C. Vistica made a motion to place this on the regular action calendar at a time when the revisions had been made and plan checked. The motion was seconded by Chair Keighran. Chair Keighran called for a voice vote to place this on the regular action calendar at a time when the revisions had been made. The motion passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded at 7:28 p.m. A SECOND STORY DORMER ADDITION (RICK SOSS, APPLICANT AND PROPERTY owNER) (61 NOTICED)PLANNER O'ROURKE Reference staff report,9.09.02, with attachments. ZT O'Rourke presented the report, reviewed criteria and Planning Department comments. Four conditions were suggested for consideration. Chair Keighran opened the public hearing. Rick Soss, the property owner, was available to answer questions. Commissioner asked if there was room for any more dormers, would Commission see applicant again. Applicant noted that he would not be proposing any other dormers, does not want any more windows on the south elevation because its too hot. Commissioner asked if applicant has spoken to the neighbor at 114 Bloomfield. Applicant noted that he had spoken to the neighbor and the neighbor was in support and in the audience. There were no further comments and the public hearing was closed. C. Brownrigg moved to approve the application, by resolution, with the following conditions: l) that the project shall be built as shown on the plans submitted to the Planning Department date stamped August 27, 2002, sheets 1 - 5, with three dormers on the second floor and that any changes to the footprint or floor area of the building shall require an amendment to this permit;2) that any changes to the size or envelope of the basement, first or second floors, which would include adding or enlarging a dormer(s) and attic area, moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review; 3) that the conditions of the Chief Building Official's, City Engineer's and Recycling Specialist's September 3,2\Oz,memos shall be met; and 4) that the project shall meet atl the requirements of the California Building Code and Califomia Fire Code, 1998 edition, as amended by the City of Burlingame. The motion was seconded by C. Osterling. Chair Keighran called for a voice vote on the motion to approve. The motion passed on a1-1voice vote. Appeal procedures were advised. This item concluded at 7:32p.m. 4.1509 HOWARD AYEI\II]E - ZOIIED R.l _APPLICATION FORAN AMENDMENT TO AN APPROVED DESIGN REVIEW AND FRONT SETBACK VARIANCE FOR A FIRST AND SECOND STORY ADDITION(DENZ SALON,APPLICANT AND OWNER; MATTHEW BOLLAK,DESTGNER) (6s NOTTCED) PROJECT PLANNER: ERIKA Reference stalfreport,9.09.02,with attachments. ZT O'Rourke presented the report, reviewed criteria and Planning Deparhnent comments. Six conditions were suggested for considerati,on. ChairKeighran opened the public hearing. Matthew Bollak, 1505 Cypress Avenue, San Mateo, architect for the project spoke stating that he originally worked on the project a few years ago. Now, there is a new aJ 3. 110 BLOOMTIELD ROAD _ ZONED R-I _ APPLICATION FOR DESIGN REVIEW AMENDMENT FOR City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 owner, Deniz Salon, who he has worked with in the past. In designing the project, the architect stated that he studied the craftsman design and worked to implement these characteristics into the new design. The new proposal includes adding another bedroom, eliminating the basement, changing the location of the stairs, extending the right side of the building, adding triangular braces, and a small balcony in front. Commissioner asked how the shingles were going to be finished? Applicant stated that the shingles would be natural color. Commissioner asked would the slate tiles be real. Applicant stated that they would be real slate tiles. There were no further comments and the public hearing was closed. C. Auran noted that the Commission struggled with this project in the past, the new design is very nice, moved to approve the application, by resolution, with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped August 30,2002, Sheets A.l tlnough A.4, and date stamped November 29,2001, Sheet Ll;z) that the conditions of the City Engineer and Chief Building Official memos dated October 22,2001and November 15, 2001 shall be met; and the Recycling Specialist's memo dated August 26, 2002, shall be met; 3) that any increase to the habitable basement floor area and any changes to the size or envelope of the first or second floors, which would include expanding the footprint or floor area of the structure, replacing or relocating a windory (s), adding a dormer (s) or changing the roof height or pitch, shall be subject to design review; 4) that all the windows on the approved plans, shown as true divided light windows, shall be installed as true divided lights with wood trim; 5) that the project shall comply with the proposed demolition and construction recycling ordinance recently approved by the City Council; and 6) that the project shall meet all the requirements of the California Building and Fire Codes, 1998 edition, as amended by the City of Burlingame. The motion was seconded by Chair Keighran. 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 7:43 p.m. 5.1405 EL CAMINO REAL - ZONED R.4 _ APPLICATION FOR AN AMENDMENT TO AN APPROVED CONDOMINII.JM PERMIT, NEW LANDSCAPE PLAN (ROMAN KNOP, APPLICANT AND PROPERTY OWNE& MCHAEL CALTAN, LANDSCAPE ARCHITECT) (65 NOTICED) PROJECT PLANNER: RUBEN HIIRIN Reference staff report,9.09.Oz,with attachments. CP Monroe presented the staff report; reViewed criteria and staffcomments. Fifteen conditions, four of which were new, were suggested for consideration. CP Monroe noted that this item came to the commission because of demolition work resulted in the removal of a number of frees along the north property line which the approved plans showed to be retained. Of the three trees left, two are of protected size. Commissioners asked: what was the parking variance for which was granted in January 2OOl. CP noted the variance was for number of maneuvers for the guest parking space at the rear of the driveway. Would root proof material be used for the drain on the north side. CP noted it would be preferred. Letter at desks from Dr. Hunt, property owner of 141I El Camino Real asks how the conditions addressing maintenance will be enforced. CP commented that the on going conditions for maintenance of vegetation and sprinkler systems are generally included in the CC and R's and become the responsibility of the owners in the condominium project. Commissioner asked owner suggests lowering the grade on the north side of the lot in the side yard, there is a retaining wall at that location, looks like removing the soil will create a lot ofproblems, don't know if the approach makes since. Staff refened the question to the applicant during the public hearing. There were no further questions by the commissioners of staff. 4 City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 Chair Keighran opened the public hearing. Janet Fogerty, attorney for Mr. kop; Frank Gonzales, architect, 951 Old County Road, Belmont, Michael Callan, landscape architect spoke. She noted that Mr. Knop wants to work with the city; he is not happy that the trees were removed; he proposed to excavate the side yard and bring the property to the same grade as the property next door, this will remove the space needed for the retaining wall and allow the root balls of the trees to grow below the "planter box" created by the retaining wall and the wall of the garuge; wants to proceed with construction before it begins to rain. Have seen the neighbor's letter; willing to work with neighbor and the City Arborist to place trees so that they create a screen and survive. Would ask Commission to consider amending the plan to lower the grade rather than relocate the utilities so that there would have to be fixed pipes under the driveway which would be hard to repair; CC and R's could put homeowners under the obligation to maintain the vegetation, irrigation and site improvements. Concerned that the neighbor is asking Mr. Knop to replace his driveway, the roots were cut at property line. Tree removal may have been best in the end since the City Arborist now does not think the trees would have survived construction. Architect noted that the proposal is to lower the grade in the side yard so that it matches the neighboring property, install the utility lines immediately adjacent to the building at the lower grade, enclosed in a box if the city requires it. The difference in side setback measurement between the architectural site plan and landscape plan can be explained by the fact that the distance was measured from the foundation on the architect's plan and from the location of the new wall on the landscape plans. The difference was one foot. Commissioners asked architect: what utilities would be placed on the north side, the fire line and the storm drain. Staffnoted that the building departrnent would require anypipes attached to the wall of the building to be enclosed in a box. Could these lines be placed on the other side of the building; yes, at a greater cost; does public works agree about pipe location, Senior Engineer Chang noted that Public Works allows pCV pipe above grade at single family houses, not multiple family. How did it happen that the demolition contractor removed trees that the plans showed were to be kept? Demolition contractor was a sub, when picked up demolition permit did not get a set of plans so when establish point of excavation had no idea the hees to be retained; no way to save in five feet with an 8 foot retaining wall with water proofing and two feet for utilities, trees were in the area to be excavated. Did you see the plans before demolition? Mr. Knop noted he had seen the plans before but did not realize that the trees would not survive, it would save him moneyto have kept the trees; he forgot during demolition that the hees were to remain. Demo permit said nothing about keeping the trees? No. Attorney Fogerty noted that the issue is where do we go now, the City Arborist'said the trees would not survive, want to get better trees and not damage the nei-ghbor's property. Landscape architect commented willing to work with CityArborist and with the species recommended, can plant once the conskuction is done and the utilities in place, will work with neighbor and arborist in placement. Do utility lines have to go in that location? Don't know, some could be relocated, lowering the grade will benefit the roots as will getting new plant material and good irrigation. Commissioner noted that this is not a "blame game" important to note that the Planning Commission takes seriously adherence to plans, if they are unworkable you come back to the Commission for review. Commission has faced a number of builders who feel that they can do it their own way, it does not work. If you excavate the side will it drop the whole building? No, just lower adjacent dirt. CA advised that it would be necessary to submit revised plans to show the changes to the project caused by lowering the grade on the site. There were no more questions for the applicant and his representatives. Colleen Dougharty, attorney for Gary Hunt, property owner at l4l1 El Camino Real; Gary Hunt, one of the property owners at l4l1 El Camino Real; Batina Houston, resident manager at l4ll El Camino Real; Anna Kapa, Real Estate Agent for Mr. kop; Jack Satro, part owner of 14l l El Camino Real spoke. Have submitted a letter and photos documenting issues that have arisen with the construction, ..*orul of the trees prevented the people next door from finding a solution to issues raised by modifying the design of the 5 City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 building, now lost privacy, view screen, subject to dirt, increase in noise. Two issues of concem want the vegetative screen which was there before restored and want to know how to protect the property at 1411 El Camino Real from the construction of the new building. Concerned there are no plans to lower grade; no comments from the arborist on the lowered grade, concemed with effects on drainage on their property. In letter made several suggestions want arborist to be present on site daily throughout consfruction and require maintenance to be permanent; have the stumps removed without impact on the next door driveway; if trucks go on the neighbor's property how will the driveway be protected; post a bond for maintenance of vegetation and irrigation system; power wash building at 1411 El Camino because of dust and dirt; how will pipes above grade affect the neighbor next door. Know that delay is costly to developer but want to review plans and have staffreview before Planning Commission acts. Submitted pictures showing root damage along driveway on t4l1 El Camino Real. Live on that side of the building, has had a big impact on the quality of life; left notes for the contractor that the trees were not to be removed, called the city, he removed the trees after the building was removed, city stopped before all were gone. Effect of removal is that aparhnent is hotter, loss of privacy and view, dust and dirt (no site wetting during demolition), noise from El Camino more obvious. Heard Mr. Knop tell the demolition man to take the trees down. Mr. Knop was not on the site during the excavation he was in the East Bay on another project. She was the contact and no one called her at her office in Redwood City to ask about the tree removal. Amenable to the removal of the retaining wall, providing that there is no problem with the revised grading, concerned about drainage. Attorney Fogerty asked that the public hearing be left open to submit a letter later to the Commission. Concemed that lowering the grade on the north side of the building will make it more difficult to provide a vegetative screen of the same height as the one removed. Applicant responded: property owner next door wants trees on my property to shield his property and wants him to pay for his driveway repair too, driveway was poorly built originally; under the impression that trees were to be removed and gave order to remove them; concerned about the amount of time it will take to resolve this; neighbors have no trees on their site and want him to provide them; would like to complete excavation, grade side and prepare site then resolve the issue of landscape design; lower grade would be achieved by a lower retaining wall, the front of the building would not change and roots of trees could then extend below retaining wall. There were no further comments from the floor and the public hearing was closed. Commissioner discussion: How deep would a sprinklei line be required to be buried; in the street three feet, on private property 18 inches, but should be confirmed by the Fire Marshall; two lines were shown in the side yard, drain and fire sprinkler; would like to see new plans that show: retaining walls, regarding, issues with neighbors should be addressed, including working together. Chafu Keighran noted that there are to manyunknown issues, cannot speculate about what happened, would like to see this item continued to address the items suggested by Mrs. Dourghty in her letter and revised plans including front elevations, changes to proposed grading on sides, cross section to show difference in grade existing and after lowered; revisions to retaining walls, utilities and irrigation systems, trees with height at maturity (included on cross section), best management practices for NPDES should be included so will move to continue this item until a revised submittal has been prepared including these and other items mentioned and checked by staff. The motion was seconded by C. Boju6s. Comment on the motion: agree that revised plans should include irrigation, utilities, kees, changes proposed to grading, revisions to the retaining walls, and the developer should work with the neighbor; conditions proposed by Mrs. Dougharty letter should be considered; encourage Mrs. Fogarty to submit a revised letter with the plans; issue is not blame, the applicant is accountable to the city for compliance with the approved 6 6. City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 plans, now we need to be sensitive to every aspect of the project as it goes forward; applicant needs to provide information on how the tees will be maintained in the future and who will be responsible; will the whole building be lowered as a result of grading in the side yard; will the slope on the driveway change, might be good to lower the whole building, Iess impact 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 staff and noticed for another public hearing. the motion passed on a 7-0 voice vote. This item is not appealable. The item concluded at 9:05 p.m. 819.849 & 863 MITTEN ROAD - ZONED O.M- APPLICATION FOR AN AMENDMENT TO THE MASTER SIGN PROGRAM (CLAIRE WILDE, SIGN CLASSICS, APPLICANT; ALEXANDRIA REAL Reference staff report , 9 .09 .02, with attachments. CP Monroe presented the report, reviewed criteria and staff comments' Three conditions were suggested for consideration. There *eir ro questions of staff. Chair Keighran opened the public hearing. Claire Wilde, Sign Classics, was present to answer questions. She noted that the applicants are eager to put in the new signs and they are currently upgrading thi signage at all their properties. There were no further comments and the public hearing was closed. Chair Keighran 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 appiication, by resolution, with the following conditions: 1) that the signs shall be installed as shown o, itre ptans submitted to the Planning Departrnent and date stamped July 26, 2002, (site plan and elevatio ns 8y2,, x I 1 "); including an illuminated24'-5" 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 rrrrrnb.r, tfo", o, area of the signs on the sites, shall require an amendment to the master sign program; and 3) that the project shall meet all the requirements of the municipal code and of the 1998 edition Califomia Building and Fire Codes as amended by the City of Burlingame. The motion was seconded by C. Auran. Chair Keighran called for a voice vote on the motiou to approve. The motion passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded at 9:13 p.m. 7. T'PDATE RULES OF CUR PLAI\[NING Reference staffreport,9.09.O2,with attachments. CP Monroe presented the report. Commissioner asked what is the difference between an adminiskative application and an administrative hearing. CA Anderson stated that they were basically the same thing. It all falls 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 ofprocedure to city council, byresolution. 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 at9:20p.m. 7 8. City of Burlingame Planning Commission Unapproved Minutes Septetnber 9, 2002 IX. DESIGN REVIEW STUDY ITEMS 1537 DRAKE AVEIITIE - ZONED R.l _ APPLICATION FOR MITIGATED NEGATTVE DECLARATION, CONDITIONAL USE PERMIT FORRE-EMERGENCE OF THREE PARCELS, SPECIAL PERMIT FOR ONE ATTACHED GARAGE AND DESIGN REVIEW 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 Chair Keighran noted that she lives within 500 feet of the proposed project site so recused herself from this deliberation. She stepped down from the podium. Vice-Chair Boju6s took the gavel. CP Monroe briefly presented the project description. She noted that the previous proposal to build three houses on the three emerged lots has been withdrawn. The applicant now proposes to build two houses on the two emerged lots at the south end. With this proposal the third lot will be left vacant and used for construction staging. Commissioner asked if this review should be considered to be an environmental scoping session as well. Staffnoted that if,there were any issues with the negative declaration based on this proposal this would be the time to bring them up. There were no further questions of staff. Chair Keighran opened the public comment Mark Hudak, attomey representing the developer Otto Miller; and James Chu, designer; represented the project. With previous application problem with the way the house on Lot I I fit, the project was sent to a design reviewer who had a lot of good ideas, decided to withdraw and resubmit for three lots, two houses and a vacant lot; the revisions to the structures reflect the input from the meeting with the design reviewer, no variances are required although a special permit for an attached garage is requested for the lot with the redwood trees, garage will break the fagade with a single story element, reduce the FAR by 400 SF, and increase the useable rear yard; the third lot is vacant since there was a lot of concem expressed by neighbors about the impact of construction activity on the neighbors and the redwood trees, using the vacant lot will eliminate these concerns; for the environmental review staff is correct the development of all three lots should be addressed. The house on Lot 9 with the attached garage will also have a stucco exterior like more of the houses on the block. The house on Lot l0 will be a craftsman shingle, same design but added a stone base to the columns at the front porch, oval windows over the enbry doors and on side elevation. Commission asked what are plans for third lot after construction of the two houses: Will be developed in the normal way of an infill lot any place in the city. Is attached garage placed to respect the redwoods? Yes. What will the garage door be? Sectional. Have you considered two houses on these lots? If develop as two houses the FAR of each of the houses will be greater, they would be prettybig 4,000 SF each. Considered smaller houses on two lots? No, these are three legal lots and they are all developable. Public comment from neighbors: Box Boxer, 1510 Drake; Ann Thomas, 1520 Drake; Janey Oaksley, 1512 Drake; David Taylor, 1566 Drake: original houses were too big, now two that are the same size and one vacant lot, issue is on street parking reduction, not addressed; should deny request for re-emerging three parcels pending historical evaluation of the use of the lot; don't know what is going on the third lot; object to the subdivision look, concerned with the traffic not only during construction but after when the houses are occupied; do not have much confide,nce in the protection of the redwood trees; consider dividing the site into two lots would fit the neighborhood better; could put bigger house on bigger lot, would make same profit and give less problem to the neighbors; these houses need more offstreet parking, and need to reduce ihe impact of curbs on on-street parking; concerned about "accidental" removal of redwoods given hearing just sat through, not want replaced; negative declaration should ask for fulI time arborist to be sure trees are protected during construction; two houses on three lots is just a game, could have a surveyor redivide the 8 City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 lots into two; the house on the southem most lot apperlrc to encroach on the lot to the south; object to garage attached at front of house should be moved back to make a longer driveway for parking; submitted photos taken after July 23,z}O}when a warning sign was placed on the creek after a sewage spill; be responsible forhealth and safety of Burlingame residents and allow no development until the sewer line in the street is replaced. There were no further public comments and the public comment was closed. Commission comment: intrigued bythe notion of attaching the garage, reduces the size of the house, houses next to Lot 1l all have attached garages, Lot 10 should have an attached garage too; nicejob on Lot 9; significant concern about the compatibility of these houses with the neighborhood seek data, information, statistics from the applicant comparing these structures to existing homes in the neighborhood includingsize, height, number ofbedrooms, lot coverage, these concems have not been addressed asked for this information before; design reviewer in his memo on previous project asks these same questions about the neighborhood pattern, size bulk; this information is needed for the environmental review as well. There are a number of craftsmen style homes in the area (Columbus, Bemal) they fit the design review guidelines and are tasteful, this presentation is tasteful; am also concerned about how these houses compare to houses up and down the block; these are an improvement over what saw before; both houses greater or the same as average front setback on the block; drawing does not show the perspective of the large setbacks; good idea to use Lot 11 for constuction staging; when time to develop Lot l l will have to be reviewed by the Commission; cannot see three big houses on those lots, will vote no; no matter what the rules say, decisions are precedents for the community as a whole, encourage to rethink 2 houses on these three lots. Need to be sure size fits the pattem of the neighborhood; concern weekly inspection by arborist not frequent enough and requirement for developer to be responsible for redwood maintenance for three years not long enough; ask CA to clarify rights of owner regarding three lots. CA noted based on California subdivision law the applicant has three standmd lots based on apast accepted subdivision map, city has the right to review what he puts on the lots so that it is consistent with current regulations, but not have the power to take away three lots, this was a decision made previously and is consistent with the existing lots in the neighborhood. Does the applicant have the option of dividing the site into two lots? Yes. Commission discussion continued: what are the options for action tonight; CA asked if the application was complete; for the scoping of the environmental document want the data on the existing development on the block; should compare this to other cul-de-sacs. ",: : C. Keele moved to refer this application to a design reviewer. The motion died for lack of a second. Commission discussion on the motion: before decide to send to a design reviewer need the information on the existing built environment in the neighborhood; may find other big houses, need to better define what is appropriate on this block, then send it to ttre design reviewer. Vice Chair Boju6s moved to continue the review of this item until the information requested on the neighborhood is provided to staff and commission, this should include: o siz€, height, number ofbedrooms, lot coverage, of all the houses on both sides of the skeet on this block; o the neighborhood pattem of attached and detached garages, two story and one-story buildings, and bulk for the same area. The motion was seconded by C. Vistica. Vice Chair Boju6s called for a voice vote on the motion to continue this item until the applicant has submitted the information on the character and pattem of existing development on the block requested by 9 I 9. City of Burlingame Planning Commission (Jnapproved Minutes September g, 2002 the planning commissioners necessary for both the environmental document and for design review. The motion passed 6-0-1 (Chair Keighran abstaining) on a voice vote. There is no appeal fcr ttris action. The item concluded at 10:20 p.m. 1036 CABRILLO AVENUE _ ZONED R.l - APPLICATION FOR DESIGN REVIEW FOR A NEW TWO- STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (OTTO MILLER, APPLICANT; EUGENE AND MAI]REEN SI.JPANICH, PROPERTY OWNERS; JAMES CHU, CHU DESIGN &ENGR.,INC D GNER) (65 NOTI PRO.TF,CT PI,A SEAN O'ROI ZT O'Rourke brieflypresented the project description. Commissioner asked if the applicant, Otto Miller, should be listed as property owner or if Eugene Supanich was still the properfy owner. ZT O'Rourke noted that Eugene Supanich is still the property owner, but he has given Otto Miller permission to submit plans for development of the creekside lot. Chair Keighran opened the public comment. Mark Hudak, 216 Park Road, was present to answer questions regarding the project. He stated that the Commission's job here tonight was to address the completeness of the application, chief concem is the creek, applicant has worked with LTI Engineering and the public Works Deparhnent to insure that the development meets city creek requirements. Noted that James Chu, designer, was available to answer questions about the design of the house and Michael Callan was also available to answer any landscape questions. James Chu, designer, noted that the house was designed to preserve the creek, the house to be built on a piers foundation to maintain the existing stone wall, and an erosion confrol plan wiil be provided. Commissioner asked how does the proposed house interact in a design sense with the existing house. Designer stated that theyhad been doing Tudor and French designs, thought they would ty something different, providing curved and rounded elements, firying to make the design compatible with the creek setting, the existing house has a tile roof. Commissioner asked if there is an opportunity to provide a planter along the driveway side by the powder room/library to help break up the wall. Designer noted that it is possible to add a planter along that side. Commissioner noted that the front porch should be deeper, would encroach into front setback, but would be okaywith that; might be nice to match the existing porch of the adjacent house, does applicant have any desire to retain the existing house. Mr. Hudak noted that he was not sure what the applicant was proposing with the adjacent lots, he is in the process of leasing the existing house to someone. i Public comment continued: Commissioner noted that if the house stays or goes, Commission needs more information; how do houes correspond, concerned with mass and bulk of house; is it possible to lower plate heights; would be nice to open the house to the creek, need stronger connection to creek, possible bigger windows, Fre,nch doom, there are a couple details that can be added upon; beautiful setting, great opportunity to add French doors at dining room; connected to ground, size of house is huge, don't see consistency with adjacent house, there is opportunity for the site. Commissioner asked for verification on whether all 3 lots were under the ownership of Eugene Supanich; is applicant under contract to purchase properties, when will it close. Mr. Hudak noted that he was not sure of the contractual obligation of the applican! but would make sure that that information is provided to the Planning Commission at the next meeting. Steve Fong, l00l Cabrillo; Sally Downing, 1801 Bemal; Dan Griffins, 1030 Cabrillo; Vitus Vishon, 1704 Sanchez; Ann Thomas, 1520 Drake; spoke regarding the project. Was concemed with how the house will fit in the neighborhood, in his mind the current house is a landmark property, he lives in a large 3,500 SF house on the corner, has seen others build retangular houses in the past on similar developments, wants to know what is going to happen to existing house, concerned with creek and Redwood frees, would like to see 10 September 9, 2002 a plan to protect trees and creelq concerned that garage at rear of house down long driveway will not be used, would like to see more character added to the house; noted that there is a long narrow driveway proposed, massive house on short street, should reduce massiveness, what to do with other 2 lots, should look at whole block, should hold offtill other proposal, would like to know what the other plans for the 2 lots will be; noted that there seems to be a lot of information missing, proposed house is at the maximum FAR and only half of the lot is buildable; should protect landscape elements; existing house should have historical designation; the proposed house eliminates the backyard of existing house, existing house is probably the most significant house in whole Easton Addition, proposal should be studied more; would support more study on this project, historically significant house. There were no other comments from the floor and the public hearing was closed. Commission discussion: this project is as significant as 1537 Drake Avenue. Commissioner asked for clarification on lot emergence. CP Monroe noted that currently there is 1 lot, with the removal of the swimming pool a 12,000 SF lot will emerge which meets the lot size requirements; the existing house will sit on two 6,000 SF lots. CA Anderson noted that the applicant would require a conditional use permit to re-emerge the two lots upon demolition of the existing house. With respect to design, house feels big, should have more backyard; house too big, what will happen on adjacent lots. Chair Keigltan made a motion to continue this project when more information has been submitted regarding the future of the existing lots. This motion was seconded by C. Boju6s. Comment on motion: compatibility how does the proposed house fit in the neighborhood, can house be reduced; Commissioner asked why environmental scoping wasn't required, impacts as significant as 1537 Drake Avenue. CP Monroe noted that staff could prepare a negative declaration if Commission wanted, would need to address issues, also tree protection requirements are included in conditions. CA Anderson noted that Commission could focus on block patterns, what's block going to look like at maximum build- out. Commissioner noted that they need to know what the current plans are for the adjacent lot, affects overall planning, are soils studied. Donald Chang, Senior Engineer, noted that Public Works Departrnent requires a soils report. Commission concerned about affects development will have on creek, is the soil stable enough to develop on with piers, what will the on-site affects be; should look at other double lots, what potential and how have they been developed - (1000 Bernal, 1008 Bemal); what types and sizes of houses on these lots; Commissionernoted that if the applicant stipulates that the house wiii striy, then would consider a larger house on adjacent lot; must assume everyone acts in good faith. Chair Keighran called for a vote on the motion to continue this item when more information has been prepared and the plans had been revised as directed. The motion passed on a voice vote 7-0. The Planning Comrnission's action is advisory and not appealable. This item concluded at 10:55 p.m. 10.1751 ESCALANTE WAY - ZOI\TED R.l _ APPLICATION FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A SECOND STORY ADDITION (CHEN YU MA, APPLICANT AND ARCHITECT: MIMI SIEN. PROPERTY OWNER) (30 NOTICED) PROJECT PLANNER: RUBEN HURIN ZT O'Rourke briefly presented the project description. Commissioner asked staff about the measurement of uncovered parking space to the inner edge of the sidewalk. CP Monroe stated that existing uncovered parking space dimension is allowed included in the area between the property line and the inner edge of the sidewalk. There were no other questions of staff. 1l City of Burlingame Planning Commission Unapproved Minutes City of Burlingame Planning Commission Unapproved Minutes September 9, 2002 Chair Keighran opened the public comment. Chen Yu Ma, P.O. Box 6365, San Mateo, stated that he was representing the project. Noted the most houses on the block are similar to the project house, @ing to match the existing conditions of neighborhood. Commissioner noted that design is minimal, concerned with roof over bay window, is there a way to add gable roof above bay, addition is fine to neighborhood, bay window not does flow right. CP Monroe noted that there was mix betweendivided light and clear windows. Applicant stated that when the owner bought the house there was a mix of windows, is flexible about new windows, would consider divided light or clear windows. Commissioner noted that applicant should keep all the windowsills at the same height. There were no other comments from the floor and the public hearing was closed. C. Brownrigg made a motion to place this item on the consent calendar at a time when the following revisions have been made and plan checked. o Add gable roofoverbaywindow; . Keep windows consistent; and . Keep all the windowsills at the same height. This motion was seconded by C. Keele. Comment on motion: Tlpically, Commission requires the installation of story poles for any hillside area construction permit. Since there are no neighbors in the rear and views don't seem to be affected by addition, there was no request in this case to put-up storypoles. 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 11:20 p.m. X. PLANNERREPORTS Review of City Council regular meeting of September 3,2002. CP Monroe reviewed the actions of the Council meeting of September3,2002. She also handed out a letter received that day from the Safeway Corporation. The Commissioners noted that theywould discuss the letter at their next meeting. : FY[ - changes to an approved DSR at 1615 Willow Avenue Planning Commission acknowledged the proposed changes. XI. ADJOURNMENT Chair Keighran adjoumed the meeting at ll:26 p.m T]NAPPROVEDMINUTES SEPTEMBER 9. 2OO2 t2 Ralph Osterling, Secretary Respectfu lly submitted, CITY OF BARI,INGAME BAIIDING INSPECTION IJIST YE}RTIIS t{OtrrE * valuaElos 2 $X,000,000 0 $0 0 $0 24 $1,3s3,911 6 $1,410,789 7 $7,72s 0 90 1 $2,000 0 $0 27 5332,262 2 $8, s00 6 $32 ,344 I $47, 93 0 8rt{l tiorrfE IJASI YIAR DIFF valuatloD t $57s,000 {8.1 $o . o $0 .0 $1,017,000 33.1 $92S, 000 s2 . o $0 .0 90 .0 $875 128.6 $1, 000 100.0- 12L4,993 54 . 5 $4,800 77 .! ;42,067 23,1- $x13,800 57 .9- IEIS TEI.n, TO D}:€ # valualtoa 9 $3,488, 000 0 $0 3 $148,000 22]. $L0 , L77 ,72L s3 $1s, 88s, 906 46 $21 , 82s s $72, s00 22 9L24,479 2 $1, s00 176 $2,297 ,780 26 $155, 150 44 $306,701 5r. $L,].64,97L valuatlotr $3,4s2,1s0 1247 ,000 s6,485,000 $9, 049, 239 $7,157,200 $141, s00 $142,138 $78,328 $1,ooo $L t737 t 4r9 $307,400 $3 01, s41 irt229,r73 FISCAI YEAR TO Valuatlo! $1,378,000 $o $o $2,9s0,061 i2 ,207 ,9eo $r .72s $o i76 ,479 $1, s00 i645 , r22 $8, s00 1s0,744 it24 ,963 TO DA DIFT # 2 0 0 22 4 8 0 1 1 2L 1 I 9 * 1.0 100.0- 97.7- 12.5 L2L ,9 84.6- 49.0- 50.0 32 .3 49.5- r.7 s,2- * 3 0 54 16 15 0 5 2 57 9 19 TOTAIS......83 $4,189.461 77 i2t997,53s 39.8 568 $33,844,533 5Os 930,329,588 11.6 183 g?,44s,084 9/03/oz 7 t 34 :59 MONTIILYPER]VITTACTMTY AUGUST, 2002 P.:!rlt tyD. New single Famlly New llult l-Famlly New Conmerclal Alterauions-ReB Alteraciona -NonReB Demollt.lon swlruning Pool slgm Permit.s Fenceg Reroofing RepalrE wlndow RepI MlsceIlaneous DI'lrEI * 11 1 6 .,'1€7 54 37 10 15 1 148 24 37 73 lnvestments CITY OF BURLINGAME Portfolio Management Portfolio Summary August 31,2002 Par Mark6t Valu6 Book Value oh ot Portfollo Daya to Maturlty YTM 380 Equlv. YTM 365 Eguiv.Value Term LAIF & County Pool Federal Agency lssues - Coupon 21,805,599.73 8,000,000.00 21,805,599.73 8,069,050.00 21,805,599.73 8,000,000.00 73.16 26.84 1,096 3.168 3.914 3.212 3.969 3.415 826 lnvestments 29,805,599.73 29,974,6/19.73 29,805,599.73 100.00%295 222 3.368 Total Earnings August 31 Month Endlng Flscal Year To Date Cunent Year Average Daily Balance Effective Rate of Return Pursuant to State law, there 89,770.20 29,925,675.99 3.65o/c sufficient available funds to meet Burlingame's expenditure is restricted by law (e.9. Gas 260,530.04 28,617,531.47 5.36% requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and Capital Projects, and Enterprise funds).Tax, Trust & Agency tunds, 7-tt-a?- RAHN A. BECKER,DIR./TREASURER Portfolio CITY CP PM (PRF_PMl) SymRept V6.21 Report Ver, 5,00 Run Date: 09/1 112002 - 10:2? Average Balance CITY OF BURLINGAME Portfolio Management Portfolio Details - lnvestments August 31,2002 Purchass Date Stated BookValue Rate Page2 YTM Days to Maturity CUSIP LAIF & County Pool sYS77 77 SYS79 79 lssuer LOCAL AGENCY INV.FD. S M COUNTY POOL Subtotal and Average lnvestment #Par Value 9,042,951.93 12,762,U7.80 Market Value 9,042,951.93 12,762,847.80 365 2.580 3.660 Date 9,042,951.93 12,782,647.80 2.s80 3.660 18,990,192.02 21,805,599.73 21,805,599.73 2{,805,509.73 3.212 Federal Agency lssu€s - Goupon 3133M3TS4 3133MLMH5 3133MQDJO 312925PN4 3136F2AR9 FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN BANK FEDERAL HOME LOAN MORTG,CORP. FANNIE MAE Subtotal and Average 9,935,483.87 476 505 507 506 506 03/1 7/1 998 02126t2002 o8112J2002 o6to6t2002 o8t14t2002 1,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 1,022,810.00 2,O',t8,120.OO 2,003,740.00 't,015,000.00 2,00s,380.00 1,000,000.00 2,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 6.020 4.000 3.550 4.'.t25 3.250 6.020 4.002 3.550 4.',t25 3.2fi '197 817 1,076 E27 897 03t17t2003 1112612004 oat1?i2005 1210a12004 ozt1412005 8,000,000.00 8,069,050.00 8,000,000.00 3.969 828 Total and Average 28,S25,675.89 29,805,509.73 25,874,0/,9.73 20,805,509.73 3.4{5 222 Portfolio CITY CP PM (PRF_PM2) SymRept V0.21Run Date: 09il 1/2002'- 10:22 Report Ver. 5.00 1 1 CITY OF BURLINGAME Portfolio Management Activity By Type August 1,2002 through August 31,2002 Page 3 CUSIP LAIF & County Pool SYS79 # lssuor Summary) S M COUNry POOL Subtotal Beginnlng Balance Stated Rate 3.660 Transactlon Date Purchases or Deposlts Redemptions or Wlthdrawals 0.00 Ending Balance 7S r8,790,S87.15 3,014,6{2.58 0.00 21,805,59S.73 Federal Agency lssues - 3133MQ0J0 507 3136F0Y29 502 3136F2AR9 s08 FEDERAL HOME LOAN BANK FANNIE MAE FANNIE MAE Subtotal Goupon 3.550 5.420 3.250 0811212002 o8t2812002 0811412002 2,000,000.00 0.00 2,000,000.00 0.00 4,000,000.00 0.00 8,000,000.00 4,000,000.00 Total 28,790,987.15 7,014,812.58 4,000,000.00 4,000,000.00 8,000,000.00 29,805,598.73 Portfolio CITY CP PM (PRF_PM3) SymRept V6.21 Report Ver.5.00 Run Date: 09/1 12002 - 10:?2 3,014,012.58 GITY OF BURLINGAME Portfolio Management Activity Summary August 2001 through August 2002 Yleld to Maturlty Managed Pool Rate Page 4 Number of lnvestments Purchased Number of lnv$tments Redeemed Month August September October November December January February March April May June July Number of Securltles Total lnvested 38,002J67.12 34,930,381.22 32,614,594.78 33,056,179.95 35,671,743.'t2 34,732,791.56 32,802,148.54 30,605,734.76 35,999,602.'t l 32,433,148.91 28,726,372.62 26,790,987.15 29,805,599.73 32,782,4',19.35 380 Equlvalent 5.287 5.352 4.880 4.812 4.629 4.497 4.441 4.419 4.147 4,169 3.886 3.677 3.368 365 Equlvalent Average T6rm 1,089 1,289 1,028 1,014 940 928 933 880 749 718 547 451 295 Average Days to Maturlty 860 1,020 791 763 691 662 658 580 480 428 356 327 222 14 15 12 12 12 11 11 10 10 I 7 6 7 5.361 5.426 4.948 4.879 4.694 4.559 4.s03 4.480 4.204 4.227 3.940 3.728 3.415 4.4U 4.214 3.809 3.683 3.474 3.232 3.237 3.317 3.134 3.237 3.258 3.195 3.212 4.428%4.489%3.499 Portfolio CITY CP PM (PRF_PM4) SymRept V6.21 Report Vsr, 5,00 Run Date: 09i1 1/2002 - 10:22 End 2001 2001 2o0t 200i 2002 2002 2002 2002 2002 2002 2002 2002 Average l0 10 835 603 GITY OF BURLINGAME Portfolio Management Distribution of lnvestments By Type August 2001 through August 2002 Page 5 August Soptomber 2001 2001 Oclober November Decembor2001 2001 2001 January February 2002 2002 March 2002 April 2002 June 2002 July 2002 August 2002 Average by Perlod MaySecurity Type 2002 LAIF & County Pool 38.1 26.9 41.7 42.4 46.7 48.'t 45.0 47.6 55.5 56.8 65.2 70.1 73.2 50.6% Certlficates of Deposlt .Bank Certlficates of .s&L Certificates of Deposlt-Thrift & Ln Negotlable CD's ' Bank CORP NOTES 8.0 8.7 9.3 9.2 8.5 8.7 9.2 9.9 8.4 9.3 7.0 7.4Yo Bankers Gommercial Commerclal Federal lssues . Federal lssueg - 53.9 64.4 49.1 48.4 44.9 43.2 45.7 42.5 36.1 33,9 27.9 29,9 26.8 42.10 - Coupon Treasury Securltles - Mlscellaneous Securltles - Miscellaneous Securltles . Backed Mlscellaneous Dlscounts Gost 2 Mlscellaneous Dlscounts -At Cost 3 Portfolio CITY CP PM (PRF_PMS) SymRept V6.21 Report Ver.5.00 Run Date: 09/1 12002 - 10:22 Non lnterest Bearing lnvestments CITY OF BURLINGAME Portfolio Management lnterest Earnings Summary August 31,2002 August 31 Month Endlng Fiscal Year To Date Page 6 CD/Coupon/Discount lnvestments: lnterest Collected Plus Accrued lnterest at End of Period Less Accrued lnterest at Beginning of Period Less Accrued lnterest at Purchase During Period lnterest Earned during Period Adjusted by Capital Gains or Losses Eamings during Periods 148,400.00 45,091.79 155,294.30) 0.00) 197,258.33 45,091.79 162,765.13) 0.00) 38,197.49 0.00 79,584.99 77,500.00 38,197.49 157,084.99 Pass Through Securities: lnterest Collected Plus Accrued lnterest at End of Period Less Accrued lnterest at Beginning of Period Less Accrued lnterest at Purchase During Period lnterest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00) 0.00) 0.00 0.00 0.00) 0.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Gash/Checklng Accounts: lnterest Collected Plus Accrued lnterest at End of Period Less Accrued lnterest at Beginning of Period lnterest Eamed during Period 0.00 331,572.72 280,000.01) 143,981.97 331,572.72 372,109.U| 51,572.71 103,445.05 Total lnterest Earned durlng Perlod Total Gapltal Galns or Losses 89,770.20 0.00 183,030.04 77,500.00 Run Date: 09/l '112002 - 10:22 Total Earnlngs durlng Period 89,770.20 260,530.04 Portfolio CITY CP PM (PRF_PMO) SymRept V6.21 Reporl Ver. 5.00 (( (( ( ( ( ( (( 95BD Portfolio Management Portfolio Summary August 31,2002 Par Mark€t Value Book Value lo oI Portfollo Oays to Maturity YTM 360 Equiv, YTM 365 Equlv.Value Termlnvestments Federal Agency lssues - Coupon 800,000.00 E27,752.00 802,000.00 100.00 1,756 379 4.995 379 4.995 5.064 800,000.00 827,752.00 802,000.00 100.00% 1,756 5.064lnvestments Total Earnings August 31 Month Ending Flscal Year To Date Current Year Average Dally Balance Effeclive Rate of Return Pursuant to State law, there 3,416.67 802,000.00 5.02% sufficient available funds to meet Burlingame's expenditure is restricted by law (e.9. Gas Tax, Trust & Agency funds, 9 -l r 'o>- 6,833.34 802,000.00 5.02'/o requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and Capital Projects,. and Enterprise funds). Rahn Becker, Finance Dlrector/Treasurer Portfolio 95BD CP PM (PRF_PM1 ) SymRept V6.21 Reporl Ver. 5.00 Run Date: 09/1 1/2002 - 10:23 95BD Portfolio Management Portfolio Details - lnvestments August 31,2002 Purchase Date Page2 YTM Days to CUSIP LAIF SYS79 #lssuer LOCAL AGENCY INV. FD. Subtotal and Avarage Average Balance Stated BookValue Rate 0.00 5.707 365 Maturlty Date 79 Par Value 0.00 Market Value 0.00 5.707 1 0,00 0.00 0.00 0.00 0.000 0 Federal Agency lssues - 3133M5QB9 485 11t24t1998 800,000.00 827,752.00FEDERAL HOME LOAN BANK Subtotal and Average 802,000.00 800,000.00 827,752.OO 802,000.00 802,000.00 5.125 5.064 s79 09/15i2003 5.064 375 Total and Average 802,000.00 800,000.00 827,752.00 802,000.00 5.004 379 Portfolio 95BD CP PM (PRF_PM2) SymRepl V6.21Run Oate: 091'1112002 - 10t23 Roport Ver. 5.00 lnv€stments 98BD Portfolio Management Portfolio Summary August 31,2002 Par Value Market Value Book Value '/t ot Portfollo Term Days to Maturlty YTM 360 Equlv, YTM 385 Equiv, Federal Agency Coupon lnvestments '|,710,000.00 1 ,751,672.70 1,710,000.00 100.00 1,826 206 5.977 6.060 1,710,000.00 't,751,672.70 1,710,000.00 '100.00% 1,826 206 5.977 6.060 Total Current Year Average Daily Balance Effective Rate of Return Pursuant to State law, there 31 Month Endi 8,729.36 1,710,000.00 6.0't% sufficient available funds to meet Burlingame's expenditure is restricted by law (e.9. Gas Tax,Trust & Agency tunds, 9-ll4i.- Fiscal Year To Date 17,458.73 1,710,000.00 6.01% requirements for the coming 6 months. Totial funds invested represent consolidation of all fund types, and Capital Projects, and Enterprise funds).*W of RAHN BECKER, Finance Portfolio 98BD CP PM (PRF_PM1) SymRept V6.2 1 Report Ver. 5.00 Run Date: 09i1 1/2002 - 10'.24 98BD Portfolio Management Portfolio Details - lnvestments August 31,2002 Purchase Date Page2 YTM Days to CUSIP Managed Pool Accounts SYS6O 80 lssuer LOCAL AGENCY INVEST FUND # Average Balance Par Value 0.00 Market Value 0.00 365 5.124 '.l Maturlty Date Stated BookValue Rate 0.00 5.124 Subtotal and Average 0.00 0.00 0.00 0,00 0.000 0 Federa! Agency Goupon Securitles 3133M3XE0 478 FEDERAL HOME LOAN BANK Subtotal and Average 03/26/1 998 1,710,000.00 1,751,672.70 't,710,000.00 6.060 6.060 206 03t2612003 6.000 2061,710,000,00 1,710,000.00 1,7il,472.70 1,71 0,000.00 Total and Average 't,710,000.00 1,710,000.00 1,751,672,70 1,7{0,000.00 0.080 206 Portfolio 968D CP PM (PRF_PII2) SymRept V6.2'lRun Date: 09/1'll2otJ2 -'t}:z+ Report Vsr.5.00 lnvestments 01 BD Portfolio Management Portfolio Summary August 31,2002 Par Market Value Book Value %ot Portfollo Term Days to Maturlty YTM 360 Equiv.365 Equiv. YTM Value Managed Pool AccounG Fedoral Agoncy Coupon 3,753,703.42 1,100,000.00 3,753,703.42 1,104,807.00 3,753,703.42 1,100,000.00 77.34 22.66 1,096 1 1,090 2.545 3.205 2.580 3.250 lnvestments 4,853,703.42 4,858,510.42 4,853,703.42 100.00%249 248 2.694 2.732 Total Current Year Average Dally Balance Effective Rate of Return Pursuant to State law, restricted by law (e.9. Rahn A. Becker, Finance Fiscal Year To Date 11,736.71 27,459.18 4,691,197.29 5,236,613.60 2.95% 3.09% sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of some of these funds is & Agency funds, Capital Projects, and Enterprise funds). 9* t t-oz Portfolio 01BD CP PM (PRF_PM1) SymRept V6.2'l Report Ver.5,00 Run Date: 09/1 1/2002 - 'lO:24 1 August 3l Month Ending 01 BD Portfolio Management Portfolio Details - lnvestments August 31,2002 Purchase Date Stated BookValue Rate Page2 YTM YTM Da)rs to Maturlty CUSIP Managed Pool Accounts SYS81 81 lssuer Local Agency lnv. Fd *Average Balance 360 365 3,753,703.42 2.580 2.545 2.580 DatePar Value 3,753,703.42 Market Valua 3,753,703.42 Federal Agency Goupon 3135SMPB3 509 Subtotal and Average FANNIE MAE Subtotal and Average 3,971,509.87 3,753,703.42 1,100,000.00 3,753,703.42 0812612002 3,753,703.42 2.il5 2.580 1,100,000.00 3.250 3.205 3.250 1,090 08/2612005 I,100,000.00 3.205 3.250 I,090709,477.42 1,1 00,000.00 1,104,807.00 Total and Average 4,881,187,29 4,853,703.42 4,858,510,42 4,853,703.42 2.854 2.732 248 ) Portfolio 01BD CP PM (PRF_PMz) SymRept V5.21Run Dale: 09/1 112002 - 10:24 Roport Ver, 5.00 1,104,807.00 Louisa Lloyd Shields 1205 Drake Avenue Burlingame, CA 94010 RECEIVED SEP - 5 ZOOZ August 23,2002 CITY OF BURLINGAME PLANNING DEPT. Subject: Broadway Business Area Dear City Planner: My family and I live a few blocks away from the Broadway Business District. We walk there almost every day and are concerned over the high number of vacancies that remain empty over the months. During the past few weeks we have discussed with our friends and neighbors, all of whom use the Broadway district regularly, what businesses they would like added to the area. Below is the list by type along with an example of an existing business. The latter is to provide a flavor sf virai we imagine. Suggestions for the Broadway Avenue strip, but if not near Broadway, the restaurants would be fantastic to have anywhere in Burlingame. Business Type Example Cafe Cafe Borrone in Menlo Park Casual dinner spot, children friendly Pluto's Restaurants (in San Francisco, Palo Alto and other locations) Burger/Chicken joint Burger Brasserie or Jeffiey's, both in San Mateo Prepared'gourmet' foods Market Hall 5655 College Avenue, Oakland, California Stationary/invitation/card store, perhaps with magazines andlor books Toy Store Talbot's in San Mateo Children's clothing, fu rniture and accessories Lullaby Lane in San Bruno Home Accessories Traditions (locations in Berkelq','!.rlalnut Creek and Menlo Park) 1716 Fourth Street Berkeley, Ca947l0 I hope that you will consider these suggestions for Burlingame. Attracting these businesses, or ones like them will please the citizens of Burlingame and improve our city with increased revenues and keeping everyone in town to conduct business and dine. Thank you, Xn^r.t/4- X//W Louisa Lloyd Shields gu:dda Pluto's Restaurants "Fresh food for a hungry universe" Frequently voted "kid-friendly" and "cheap eats" both categories that appeal to many Burlingame families. Below is a short review of the restaurants, a local California chain. This is a small chain of simple restaurants that feature fresh food, in large portions, at low prices, served cafeteria-style. Their slogan is "Fresh food for a hungry universe." Pluto's first restaurant opened 7 years ago at Scott St. with 45 seats. The Irving St. place has been there 5 years, and has 70 seats. Other Pluto's branches are located in Davis, Palo Alto, and Rosedale. The decor of all the restaurants is kept simple and straightforward. On getting in line, one gets a card which is punched at each station of purchase. When exiting one pays what is on the card. Don't lose the card! They roast their own turkeys, grill their own chickens, make their own desserts, and bake their own bread. I cannot praise Pluto's enough for young people, especially those visiting San Francisco for the first time. The best way I can describe it to them is for them to envision their school cafeteria, but with the freshest gourmet food available - at knockdown prices. Even a hungry student can eat well, for under $10. One can even stay under $5, if necessary. Of course, persons of all ages should find Pluto's exciting - in terms of qualrty of food and price. It is also exciting to eat in a place where young people are having a good time. Soup, vegetables - Large bowl of soup S3.50, smashed spuds with beef sherry or turkey gravy $1.60, baked russet potato S I .60, fresh vegetable galaxy pan-cooked $ 1 .60, mushrooms $ I .60, grilled garlic potato itngs,"better than French-fried'S1.80, spicy onion rings with BBQ sauce $1.80, grilled eggplant $1.60, chicken wings with dipping sauce, served with fresh carrots and celery, six $2.95, 12 55.50, l8 s7.50. Greens and things - Caesar salad with sourdough croutons, side $3.95, main $4.80, with grilled chicken or marinated steak, side $4.95, main $5.80, just greens, side $3.95, main $4.80, with grilled chicken or marrnated steak, side $4.95, main $5.80, fresh baked bread25 cents slice. Meats & poultry - Grilled marinated steak, carved $3.95, grilled sandwich $5.50, herb-roasted Sonoma turkey, carved $3.75, grilled sandwich $4.95, smoked poultry sausage link $3.75, grilled sandwich $5.15, grilled herb chicken, carved $3.95, grilled sandwich $5.75, eggplant and red-pepper sandwich 55.50, gnlled Portobello sandwich $5.50. Childfare - chicken wings $2.50, potato rings $1, cheese pretzel $1.25 Sweets - All homemade $1.25 Quenchers - Coffee $1.15, caffe latte $1.95, cappuccino $1.50, sspresso $1, kettle of hot tea S1.25, Micro brews 52.75, bottled brews 52.25, Napa Valley wines $3.50 glass, milk $1.25. The City of Burlingame PLANNINGDEPART\iIENT CITY IIALL 501 PRIMROSE ROAD BI]RLINGAME, CALIFORNIA 9 4 I 4.397 TEL: (650) 558-7250 FAX: (650)696-3790 September 6,2002 Ms. Louisa Lloyd Shields 1205 Drake Avenue Burlingame CA 94010 Dear Ms. Shields, Thank you for your letter of August 23,2002. I just received it. I'm delighted that you and your family not only enjoy using the Broadway Commercial Area so frequently but that you are also thinking seriously about its best interests. While it is the responsibility of the City Council, Planning Commission and Planning Department to make policy for all of the land uses in ttre city of Burlingame, including the commercial areas; the city does not have the structure to recruit individual businesses. However, we do our best to encourage those uses which are consistent with our local development goals and who express an interest in being in Burlingame. I have passed your letter on to the Broadway Business Improvement District board members who represent the merchants and property owners in the Broadway commercial area. I am sure that they will be interested in the observationr urd rugg.stions of a "regular" user of the area. I know what a special place Broadway has in the lives of those who live nearby. Thank you for taking the time to write to me. I will forward your letter to the City Council and Planning Commission. Sincerely yours, trVwffiil,-tnrz- Margarbt Monroe City Planner