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HomeMy WebLinkAboutAgenda Packet - CC - 2002.05.06BURLINGAME CITY COUNCIL AGENDA Rrcur,ln MnBtrNc - MotrmnY, MIY 6, 2W2 PAGE 1 oF3 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO TIIE FLAG 3. ROLL CALL 4. MII{UTES - Regular meeting of April 15, 2OO2 5. PUBLIC HEARINGS The mayor may limit spea*erc ta three minutes each a. Reintroduction of an Ordinance for a zoning code amendment for new construction building size in the Burlingame Avenue and Broadway coflrmercial areas and change to zoning action expiration b. Broadway Area Business Improvement District - Setting 2N212003 Assessments 6. PUBLIC COMMENTS - At this time, persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M. Brown Act (the State local agency open meeting law) prohibits council from acting on any matter which is not on the agenda. It is the policy of council to refer such matters to staff for investigation and/or action. Speakers are requested to fill out a "request to speak" card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 7. STAFF REPORTS AND COMMUNICATIONS a. Future use of the property at 301 Airport Boulevard b. Introduce Ordinance to amend the contract for Police Employees with the California Public Employees' Retirement System (CaIPERS) and the City of Burlingame c. Introduce an Ordinance to install a stop sign on Sebastian Drive at Arguello Drive to provide a three-way stop Intersection d. Introduce Ordinance deleting one-hour parking and establishing two hour parking, east side of Carolan Avenue from Cadillac Way to Broadway e. Consider request to revise Massage Permit Ordinance regarding posting of permit bond f. Amendment to Leaf Blower Ordinance for use in public areas 8. CONSENT CALENDAR a. Special event requests for 2002 - Burlingame Chamber of Commerce for Burlingame Avenue Sidewalk Sale, Art & Jazz Festival, Holiday Decorations and Holiday Open House City of Burlingame CITY HALL - 5O1 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 O (650) 558-7200 SAGGESTED ACTION 7:00 p.m., Council Charnbers Approval Hearing/Action Hearing/Action Presentation Introduce Introduce Introduce Discussion Approval \ BI'RLINGAME CITY COUNCIL AGENDA Rncur,ln Mmrmc - MoNoLy, MAY 6, 2(Nl2 PAGE 2 oF 3 b. Special event permit for use of Pershing Park, Saturday, July 13,2002 for Avon Breast Cancer 3-Day Walk Aid Station c. Tentative & Final Parcel Map for lot combination, Lots 18 thru 20, Block 14, Burlingame Grove Subdivision, 1160 Broadway d. Adoption of Resolution fixing the Employer's Contribution under the Public Employees' Medical and Hospital Care Act for Police Officers' Association e. Resolution to approve lease modification for Federal Aviation Administration, Windshear Alert System, 1775 Gilbreth Road f. Resolution approving the applicant to apply for grant funds for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 g. Resolution accepting California/Grove Storm Drain Improvement Project, Phase 2 h. Resolution accepting completion of Trenton Play Area Renovation by Lone Star Landscape, Inc. i. Resolution approving contract with Design, Community and Environment for Consulting Services to prepare a Planning Study and Specific Area Plan for the north end of Burlingame j. Appointment of System Advisory Board Member to the Peninsula Library System k. Request to serve alcohol at Library Foundation function l. Approval of City Investment Policy for 2002 m. Authorize City Attorney to join in Amicus Curiae Brief in City of Carlsbad vs. Baker, case no. D0391L2, at no cost to City n. Authorize City Attorney to join in Amicus Curiae Brief in Metropolitan Water District vs. Superior Court (Cargill), case no. 8148446, at no cost to City 9. COUNCIL COMMITTEE REPORTS 10. OLD BUSII\ESS 11. NEW BUSINESS 12. ACKNOWLEDGMENTS City of Burlingame CITY HALL - 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 O (650) 558-7200 BURLINGAME CITY COUNCIL AGENDA Rnculan MprcrrNc - Moxoa.y, MAy 6, 2002 PlcB 3 or 3 a. Commission Minutes: Library Board of Trustees, March 19, 2OO2;' Traffic, Safety & Parking, April 11,2002; Planning, April 22,2002 b. Department Reports: Police, March,2002 c. Letter from Patricia Gray concerning affordable housing in Burlingame d. Letter of April ll, 2002 from N. Carol Davis, Wichita, Kansas to Rahn Becker thanking him for assisting with transportation to hotel e. Letter of April 12, 2002 from AT&T Broadband concerning programming changes f. Memorandum from Director of Public Works concerning sewer and water infrastructure program press conference on May 13, 2002 13. ADJOURNMENT NOTICE: Any attendees wishing accommodations for disabilities, please contact the City Clerk at (650) 558-7203 at least 24 hours before the meeting. A copy ofthe Agenda Packet is available for public review at the City Clerk's office, City Hall, 50I 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.l)urlinqanre.org. Agendas and minutes are available at this site. NEXT MEETING -20,2002 City of Burlingame CITY HALL. 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 O (650) 558-7200 BURLINGAME CITY COUNCIL APPROVED MINUTES Regular Meeting of April 15,2002 1. REGULAR MEETING CALLED TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at7:00 p.m. by Mayor Mary Janney. 2. PLEDGE OF ALLEG TO THE FLAG Led by Mary Hunt. 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 Budget Meeting of March 28,2002 and regular Council meeting of April 1,2002; seconded by Councilman Galligan approved by voice vote,4- 0-1, with Mayor Janney abstaining due to being absent for the April I't meeting. 5. PUBLIC HEARINGS There were no public hearings 6. PUBLIC COMMENTS Dan Anderson, 728 Vemon Way, spoke regarding the need to reappoint Ann Keighran and Stan Vistica to the Planning Commission. 7. STAFF REPORTS AND COMMUNICATIONS a.Presentation on League of California Cities Grassroots Network Rebecca Elliot from the League had not yet arrived. CM Nantell requested Council go onto next itern, 7b b. Authorize Retention of Advocation. Inc. to Provide Lobbyins Services Regardine AB 680 on Behalf of the Ci(v of Burlingame and Other Peninsula Cities IBurlingame City Council April 15,2002 ACM Becker defined the proposal to join with neighboring cities to retain the lobbying firm of Advocation, Inc. to assist in the defeat of or amendment to Assembly 680 which could redirect all of the growth in the sales tax if it were implemented on a statewide basis. Councilwoman O'Mahony made a motion to approve the agreement with Advocation, Inc.; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. c.Appoint Planninq Commissioners Councilman Galligan and Councilwoman Baylock spoke regarding the interviews conducted for two Planning Commission vacancies. Councilman Galligan stated that if at some time a commissioner feels they can no longer work professionally with the Council or commission and respect differences of opinion, then that commissioner should resign or expect the City Council to suggest that they step down. Councilman Galligan stated his support of any commissioner would be in belief that he would have the full support of the council if a commissioner is not respectful of differences of opinion. Councilman Galligan made a motion to approve the reappointment of Ann Keighran and Stan Vistica to continue to serve on the Planning Commission; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. a.Presentation on League of California Cities Grassroots Network Rebecca Elliot spoke on behalf of the League of California Grassroots Network. The Network, which is 104 years old and represents 475 cities and city governments, provides legislative advocacy, education and training. The goal of the Grassroots Network is to focus on major issues of concern to the cities. The first and primary goal is the protection of local revenues, followed closely by the protection of local control. The Grassroots Network is an organization that assists in taking the City's message out to the community and to help the City reach their constituents and inform them about the services they receive from their city. CM Nantell addressed the need for support from the citizens of the local community in these issues and he and Rebecca Elliot urged citizens to join them on May l5th for State Legislators Day in Sacramento. 8. a. CONSENT CALENDAR Purchase by Burlingame Fire Department for a New Fire Engine from Pierce Manufacturing Fire Chief Reilly requested approval to purchase a new fire engine from Pierce Fire Apparatus in the amount of $364,959.46. b. Request for Full Time Parkinq Entorcement Officer (PEO Police Chief Missel requested approval of a full time Parking Enforcement Officer position for the Police Department. c. 2 April 15,2002 Burlingame City Council Resolution Regulating Parking at CiO Licensed Property at the Corner of Marsten Road & Rollins Road and Authorizins the Towins of Unauthorized Vehicle DPW Bagdon requested Council approve Resolution # 40-2002 regulating parking at City licensed property at the comer of Marsten Road and Rollins Road and authorizing the towing of non-authoized vehicles. Finance Director Becker requested approval for payment of Warrants #81663-82190, duly audited, in the amount of $2,545,202.20 (excluding library checks 81663-81707), Payroll checks 146635-147834 in the amount of $2,162,128.34, and EFT's in the amount of $490,399.86 for the month of March, 2002. Councilman Galligan made a motion to approve the consent calendar; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. 9, COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. IO. OLD BUSINESS There was no old business. 11. NEW BUSINESS Councilwoman O'Mahony spoke regarding the recent ticketing of cars parked ovemight on Balboa; staff noted this issue will be brought to the TSP committee. 12. ACKNOWLEDGEMENTS a. Commission Minutes: Library Board of Trustees Minutes of February 19,2002;Traffic, Safety & Parking Commission minutes of March 14,2002; Planning Commission of April 8,2002 b. Department Reports: Building, March 2002; Finance, March2002 c. Letters from residents conceming Safeway expansion d. Email from Jane Gomery concerning Broadway Streetscape e. Email from Broadway Auto Body & reply from Frank Erbacher concerning parking at 1305 No. Carolan f. 2001 Pomeroy Award from the Califomia Water Environment Association Award to Phil Scott g. Memorandum from Public Works Director concerning recent 301 Airport Blvd. site activities After recognizing Fire Chief Reilly's birthday, Mayor Janney adjoumed the meeting at 8:20 p.m. Respectfully submitted, Ann T. Musso City Clerk 3Burlingame City Council April 15,2002 d. Warrants & Payroll STAFF REPORT ITEM # MTG. DATE 5a 05.06.02 TO:HONORABLE MAYOR AND CITY COUNCIL APRIL24.2OO2 APPROVED FROM:CITY PLANNER SUBIECT: REINTRODUCTION OI'All ORDINAITCE FOR A ZONING FORNEW CONSTRUCTION BUILDING SIZE IN THE BURLINGAME AVENUE AI\[D BRON)WAY COMMERCIAL AREAS AND CHANGE TO Z,ONINGACTION DPIRATION. ACTION: Because of direction that health service uses in the Broadway commercial areabe considered along with how the new provisions of Health and Beauty Spa and Graphic Arts and Design Retail Business wouldiffect the Broadway commercial arca, staffhas redirected that iart of the previous'iy introduced ordinance back to the Planning Commission. What is included in this ordinance are the provisions requiring a conditional use permit for new construction first floor footprints over a certain size in the Burlingarr" Auerue and Broadway commercial areas and a change to the provisions making a zoningaction approval valid for two years, with no extension. Removing part of the original ordinance requires reintroduction of the remainder of the ordinance. To introduce this ordinance the Council should: A. Request the city clerk to read the title of the proposed ordinance. B. Waive further reading of the ordinance. C. Introduce the proposed ordinance. D. Direct the City Clerk to publish a summary of the ordinance at least 5 days before proposed adoption. Planning Commission Recommendation The Planning Commission recommended by individual vote that: (1), the zoning code provisions in Subarea A and B of the Burlingame Avenue and Broadway commercial areas be amended to require a conditional use permit for all new construction with footprints of greater than 6000 GSF in Subareas A and B and greater than 5000 GSF on Broadway by avoice vote of 6-0-1 (C Bojues absent), and (2),that the zoningcode not be amended to change the current regulation which allows approval under the zoning code to be valid for one year with a one year extension, approved by a roll call vote 5-1-1 (C. Auran dissenting, C. Bojues absent). At their meeting, after a public hearing, and prior to their vote, the commissioners discussed several issues relating to the proposed ordinance changes. The discussion included: o Concern that adding conditional use review for building size might create misunderstanding for a developer when the use proposed for the new structure is permitted;o Noted that one year after a planning approval is plenty of time for even a major project to get a building permit if the developer is serious.o One commissioner commented that a two year approval without extension is needed by some complex projects when approvals by other agencies are required. SIIBIIIITTED DATE: BY BY I tI AGENDA REINTRODUCTION OF AN ORDINANCE FORA ZONING CODE AMENDMENT FOR NEW CONSTRUCTION BUILDING SIZE IN THE BURLINGAT'IE AWNW AND BROADWAY COMMERCAL AREAS AND CHANGE TO ZONING ACTION EXPIRATION May 6, 2(M2 BACKGROUND: After the introduction of this ordinance on March 18, 2002, at the meeting on April 15,2002, Council suggested that it was not clear how the Graphics Arts and Design Retail Business and Health and Beauty Spa uses proposed would be treated in the Broadway commercial area and in the more general C-1 zoning district. It was also noted when discussing the proposed changes with several property owners and tenant in the Broadway commercial area that they would like to change health service uses from prohibited to being allowed on the second floor of buildings in the Broadway commercial area. On the basis of these comments the proposed ordinance was modified by removing the portions which address health and beauty spas and graphics art and design retail businesses. What remains in the ordinance to be considered is the conditional use permit for new construction for first floor footprints in the Burlingame Avenue and Broadway commercial areas and the extension of the time limit on planning approvalsl pursuant to State law the definition items will be returned to the Planning Commission foi furttrei consideration. The staffreport on the now proposed ordinance addresses only the two items. new construction size in the two commercial areas and the time limit for planning commission approvals. Council Questions at Introduction At the March 18,2002, review Council members asked if this proposed change to review the building footprint for new construction in the Burlingame Avenue and Broadwuy rorn*".cial areas had been discussed with the merchants- How would the merchants be informed of the requirement to request review? Could staff provide information on the number of buildings with existing first floor footprints in iach area which exceed the proposed square footage? How will this public hearing be noticed to be sure that the affected public is aware of the proposed ordinance? Staffwould note the following o Merchant discussion: since the proposal will establish a "review line" for new construction on all properties in the Burlingame Avenue and Broadway commercial areas the public outreach has been in the Chamber bulletin and public notices in a newspaper of general circulation (San Mateo Times and Independent). Planning Commission also held a itudy sission and public hearing on the proposed regulations. How would affected property owners be made aware of the regulation: Any developer wishing to build a new building or reconstruct an existing building by removing more -than 50o/o of the structure's value generally would be in discussion with the Planning Department well before he commenced preparing plans. A developer would thus be notified at his first contact with the city, especially with commercial design review now in place in both of the affected commercial areas.If for some reason the developer did not contact the city early on, he would be informed of the requirement when he submitted his project to the Planning Department for design review. If a conditional use permit for size was required it would be carried with the commJrcial design review permit and would not extend the review time for the developer. o Number of existing buildings in each commercial areawhich exceed the "review line,,:- On Burlingame Avenue there are 46 existing structures. Of these 13 have a first floor o f;I REINTRODACTIONQF AN.ORDINANCE FORA ZONING CODE AMENDMENT FOR NEW CONSTRACTION BUILDING STZE IN THE BARLINGAME AVENAE AND BROADWAY COMMERCAL AR&45 AND CHANGE TO ZONING ACTION EXPIRATION May 6, 2002 footprint which is over 6000 GSF. This represents 28Yo of the total structures. (See aerial for location of buildings on Burlingame Avenue.) In the Broadway commercial areathere are 43 structures. Of these, t have a first floor footprint which is larger than 5000 GSF. This represents 2lYo of thetotal structures (See aerial for location of buildings in the Broadway commercial area. o The public hearing for the second reading of this proposed, revised ordinance, will be noticed in a newspaper of general circulation (San Mateo Times). The Burlingame Chamber of Commerce will also be informed for their newsletter. Finally, if the Council wishes staffcan send a notice to all property owners in the Burlingame Avenue commercial area Subareas A and B, and in the Broadway commercial area. Summary of Proposed Zoning Changes The following changes are proposed to be made to the zoningcode to address the issues identified. Protect "Pedestrian Orientation" of Burlingame Avenue and Broadway Commerical oreas l. Require review of new large footprint buildings in the Burlingame Avenue and Broadway commercial areas to insure that the General Plan's objective to retain the present scale and pedestrian trientation of these commercial areas is maintained. a. Require a conditional use permit for any new structure in Subareas A and B of the Burlingame Avenue commercial areawhich has a first floor gross square footage of 6000 SF or more;b. Require a conditional use permit for any new structure in the Broadway Commerical Area which has a first floor gross square footage of 5000 SF or more. Two Year Term on Planning Approvals, No Extensions 2- Remove the one year approval with one year extension provision, and replace it establishing that planning approvals are valid for two (2) years from date of city action. No extensions beyond thi two years will be allowed. The Proposed Changes to Zoning Regulations Report, March 4, 2OO2 draft (auached), shows the specific wording of each proposed change and includes an annotation for each change. The annotation describes thethinking and documentation for each proposed revision and the issues u5*iut.d with each change. Also included at the end of the report are tables and maps (aerials) which show current structures in each commercial area which exceed the proposed "review line" size and a table which documents how the proposed maximum size for review line were determined. ATTACHMENTS: Proposed Changes to ZoningRegulations: Size of Retail Buildings, Add Conditional Uses to Subarea A andB, Change Time Limits for planning Actions, Draft March 4, ZOO} Table. Properties Fronting Burlingame Avenue - First Floor Footprint over 6,000 GSF, March 2OOz Aerial: Burlingame Avenue - First Floor Footprint over 6000 SF Table: Broadway-First Floor Footprint over 5000 GSF (2002), March 2002. Aerial: Broadway-First Floor Footprint over 5000 SF I r\i i, REINTRODUCTION OFAN ORDINANCE FORAZONING CODEAMENDMENT FORNEWCONSTRUCTION BUILDING SIZE IN THE BURLINGAME AVENUE AND BROADWAY COMMERCIAL AREAS AND CHANGE TO Z)NING ACTI1N EYPIRATION May 6' 2002 Table: Analysis of Single and Multiple Tenant Space Occupancy and First Floor Footprint of All structures Except Banks on Burlingame Avenue and in the Broadway Commercial Area, January 2002. City Council Minutes, March 19,2002 Planning Commission Minutes, February 25,2002 Planning Commission Minutes, January 28,2002 Planning Commission Minutes, January 14,2002 Correspondence to Planning Commission on Change in Zoning Regulations: Karen Scheikowitz, Owner of Pilates Studio, I110 Burlingame Avenue W. Gregory Mendell, Kerns of Burlingame,235 Park Road, with attachment Ordinance I 1 2 3 4 5 6 7 8 9 l0 11 t2 13 t4 l5 16 t7 18 r9 20 2t 22 23 24 25 26 27 l 281 ORDINANCE No. AMENDrN""oH"olilfl3%"'TJ$.'&1'L3rBKfi '[%"#$"oREeurREA CONDITIONAL USE PERMIT FOR FIRST FLOOR OCCUPAIYCIES CNN.q.TNN THAN A CERTAIN NUMBER OF SQUARE I'EET IN THE BURLINGAME AVENUEAIID BROADWAY COMMERCIAL AREAS AND TO PROVIDE A TWO-YEAR PERIOD FOR PLAI\INING APPROVALS WITH NO EXTENSIONS The CITY COUNCIL of the CITY OF BURLINGAME does herebyordain as follows: Section 1. A. The Burlingame Avenue and Broadway Commercial Areas are the core retail centers of the city. The city is concerned that their vitality, small-town feel, and inviting pedestrian nature could be jeopardized if large retail uses consume street frontage. This ordinance sets first floor, square-footage review lines to ensure that any larger proposal will serve the pedestrian ambiance of the Areas and will not worsen the traffic and parking issues in the Areas. The ordinance shall not be used against a particular occupant from locating its business in the Areas, but shall only be used to evaluate and limit the size and intensity of the proposed use. B. The ordinance also eliminates the one-year extension process for planning approvals. Instead, planning approvals will require that they be put to use within two years. There are no extensions of the approvals beyond the two years. Section 2. Subsection 25.16.130(a) is amended to read as follows: (a) Where a use is conditional upon the granting of a variance or the issuance of a conditional use permit or special permit, such use shall be commenced within a period of two (2) years from the date of the granting of the variance or the issuance of the conditional use permit or special permit. In the event that such use shall not have been so commenced within such period, there shall be no further extensions and such variance or permit shall become null and void. Section 3. Section 25.36.030 is amended to read as follows: 25.36.030 Conditional uses requiring a conditional use permit. 4/2412002 Page 1 I I 2 3 4 5 6 7 8 9 10 t1 t2 13 t4 15 16 17 l8 t9 20 2t 22 23 24 25 26 27 28 The following are conditional uses requiring a conditional use permit: (a) All permitted uses and all uses allowed with a conditional use permit in the R-1, R-2, R-3, and R-4 districts, and subject to the same regulations and restrictions applying to those uses in theirrespective districts, and subject to the building restrictions prescribed in sections 25.36.060 and 25.04.080; (b) Public garages; (c) Gasoline service stations, subject to regulations prescribed in chapter 25.74; (d) Transportation terminal, depot, station ticket offices and anybuilding or structure used for the accommodation of passengers; (e) Parking lots, subject to the regulations prescribed herein; (f) Mortuaries; (g) Financial institutions; (h) DrV cleaning processing plants; (i) AnV structure that is more than thirty-five feet in height; 0 C-2 uses in the block described in section 25.36.035; (k) Certain grocery, drug and department stores as described in section 25.36.036; (l) Drive-in services or take-out services associated with permitted uses; (m) Real estate; (n) In association with a church or other religious or nonprofit institution, provision of temporary shelter for homeless individuals or families, provided that the facility is located within a transportation corridor and the use does not occur continuously at any one location for more than six months of any twelve month period. (o) Tanning facilities; (p) Classes. (q) Other uses similar in character to those enumerated in this section or section 25.36.020 which will not be obnoxious or detrimental to the neighborhood in which they are located. Section 4. Section 25.36.040 is amended to read as follows: 4124/2002 Page2 I 2 3 4 5 6 7 8 9 10 1l t2 13 l4 15 t6 t7 18 l9 20 2t 22 23 24 25 26 27 28 25.36.040 Burlingame Avenue Commercial Area and Broadway Commercial Area. (a) Permitted uses in the Burlingame Commercial Area. Only the following uses are permitted in subareas A and B of the Burlingame Avenue Commercial Area : (1) Subarea A: (A) Retail uses which achieve contiguous, pedestrian-oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory stationery florists, household fumishings, and furniture. @) Personal services, such as barber and beauty shops, photographic studios, shoe repair, (C) Above the first floor only: hotels; offices except health services, real estate and financial institutions; (2) Subarea B: (A) All uses permitted in Subarea A, (B) Nurseries, (C) Auto supply, (D) Offrces except health service, and except as provided in subsection (b)(2)(E) below, (E) Computer programming and software equipment rental, (F) Schools, above the first floor only, (G) Floor covering, (H) Household appliances. (b) Conditional uses in the Burlingame Avenue Commercial Area. The following uses are the onlyconditional uses allowed in subareas A and B ofthe Burlingame Avenue Commercial Area and shall require a conditional use permit: (1) Subarea A: (A) Instructional classes incidental to retail or service use, (B) Grocery stores and markets, (C) Gasoline service stations, (D) Schools, above the first floor only, which operate outside of retail hours, (E) Real estate and financial institutions above the first floor only, 4/24/2002 Page 3 I I 2 3 4 5 6 7 8 9 10 11 t2 13 l4 15 t6 t7 l8 19 20 2T 22 23 24 25 26 27 28 it (F) Public utility and public service buildings and facilities, (G) Laundry and dry cleaning agencies and processing plants, (H) Drive-in services or take-out services associated with permitted uses, (I) Food establishments; (J) A first floor of anybuilding or structure that has more than 6,000 gross square feet; (2) Subarea B: (A) All uses requiring a conditional use permit in Subarea A, except financial and real estate, (B) Pool halls, bowling alleys and other amusement uses, (C) Health services, (D) Residences above the first floor, (E) Real estate or financial institutions with frontage on Chapin Avenue, primrose Road, Donnelly Avenue or the west side of Lorton north of Donnelly Avenue, (F) Tanning facilities; (G) Food establishments; (c) Nonconforming uses in the Burlingame Avenue Commercial Area. Notwithstanding any contrary provisions of Chapter 25.50 of this code, nonconforming uses in the Burlingame Avenue Commercial Area shall terminate only upon the vacation of the premises by the use occupying said premises on October I , 198 I ; provided, however, such existing nonconforming uses shall be allowed to continue despite destruction by catastrophe or natural disaster of the existing structure, so long as the use occupying the space at the time of the catastrophe or nafural disaster is the use retuming into the new structure. New uses in such structures must conform to the permitted and conditional uses for the appropriate subarea. (d) Vehicle parking in the Burlingame Avenue Commercial Area. Notwithstanding any other provision of this code, the following shall apply to vehicle parking requirements in the subareas A and B of the Burlingame Avenue Commercial Area: (1) Uses permitted and existing on October l, 1981, shall be exempt from the parking requirements of this code. 4/24t2002 Page 4 I 2 3 4 5 6 7 8 9 10 l1 t2 13 t4 t5 16 l7 l8 t9 20 2t 22 23 24 25 26 27 l 281 (2) Businesses whose use becomes nonconforming as a result of the creation of this area shall be exempt from parking requirements until the vacation of the premises by the use occupying the premises on October 1, 1981. (3) Anynewdevelopment,exceptreconstructionbecauseofcatastropheornafuraldisaster, shall provide on-site parking, except that the first floor ofsuch new development in subarea A shall be exempt from parking requirements if the first floor is used for retail or personal service uses. (4) Buildings reconstructed after catastrophe ornatural disaster shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on site. (e) Conditional uses in the Broadway Commercial Area. In addition to the conditional uses allowed in C-l districts, the following uses are only allowed in the Broadway Commercial Area pursuant to a conditional use permit: (l) A first floor of a building or structure that contains more than 5,000 gross square feet; (2) A food establishment. (f) Prohibiteduses in the Broadway Commercial Area. In addition to the uses prohibited in C-1 districts, the following uses are prohibited in the Broadway Commercial Area: (l) Financial institutions; (2) Health service and real estate; and (3) All other offices on the first floor. (4) Psychic services. (g) Food establishments in the Burlingame Avenue Commercial Area, Subarea A and Broadway Commercial Area. The provisions of this subsection shall only apply to food establishments in the Burlingame Avenue Commercial Area, Subarea A, and the Broadway Commercial Area. (1) h Subarea A of the Burlingame Avenue Commercial Area, the number of food establishments shall be limited to those existing and in business on November l, 1998, and at the locations as shown on the Burlingame Avenue Commercial Area Subarea A Food Establishments by Tlpe Tables approved by the City Council on October 18, lggg. A food establishment is a 4/24/2002 Page 5 1 2 3 4 5 6 7 8 9 l0 tl t2 l3 t4 15 t6 17 18 t9 20 2t 22 23 24 25 26 27 281 business as defined in Section 25 .08.268 and shall be deemed in business if it was legally open for business as a food establishment to the public on November 1, 1998. (2) In the Broadway Commercial Area, the number of food establishments shall be limited to those existing and in business on November 1, 1998, and at the locations as shown on the Broadway Commercial Area Food Establishments by Type Tables approved by the City Council onOctober18, 1999. AfoodestablishmentisabusinessasdefinedinSection25.08.263andshall be deemed in business if it was legally open for business as a food establishment to the public on November l, 1998. (3) The seating area of the food establishments described in subsections (1) and (2) above as shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999, above maybe enlarged onlyby amendment to the applicable conditional use permit for the establishment. (4) A food establishment use classified as a full service restaurant by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables approved by the City Council on October 1 8, 1999, may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit to the establishment. (5) A food establishment use classified as a limited food service by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999, may change its food establishment classification only to a full service restaurant or bar with approval of an amendment to the conditional use permit for the establishment. (6) A food establishment use classified as a bar by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables approved by the City Council on October 1 8, 1999, may change its food establishment classification only to a full service restaurant ora limited food service with approval ofan amendment to the conditional use permit for the establishment. (7) A food establishment use classified as a specialty shop by the Burlingame Avenue 412412002 Page 6 I 2 3 4 5 6 7 8 9 10 1t t2 13 t4 t5 16 17 18 19 20 2t 22 231 24 25 26 27 Commercial Area Subarea A and Broadway Commercial Food Establishments by Tlpe Table approved by the City Council on October 18, 1999, shall be allowed to change to a different type of food establishment. A specialty shop may be replaced by another specialty shop at the same location within the same or less square footage. If a specialty shop is changed to any other classification the site shall not return to specialty shop use. (8) A food establishment may be replaced by another food establishment of the same classification so long as the replacement business is ofthe same classification as that shown for the siteontheBurlingameAvenueCommercialAreaSubareaAandBroadwayCommercialAreaFood Establishments by Type Tables approved by the City Council on October 18, 1999, subject to the conditions of the existing conditional use permit, and it complies with the same conditions as in the existing conditional use permit. (9) No food establishment shall occupy a location not shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables as approved by the City Council on October 18, 1999. (A) Specialty shops shall not relocate to any other location on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishment by Type Tables list as approved by the City Council on October 18, 1999. (B) When the total number of food establishments in the Burlingame Avenue Commercial Area drops below fotty (a0) for a period of more than twelve (12) consecutive months, the City Planner shall report this to the Planning commission and city council. (C) When the total number of food establishments in the Broadway Commercial Area drops below twenty-three (23) for a period of more than twelve consecutive months, the City Planner shall report this to the Planning commission and city council. (10)An existing food establishment, including specialty shops, may be expanded at its existing location so long as the expansion does not increase the size of the seating area. (1 l) A food establishment shall be deemed out ofbusiness when the premises is occupied by another business which is not a food establishment. (12) All food establishments shall comply with the following:28 412412002 PageT I 2 3 4 5 6 7 8 9 10 11 t2 13 l4 l5 16 T7 18 19 20 2t 22 23 24 25 26 27 28 (A) provide trash receptacle(s) at location(s) and of a design selected by the city; (B) provide liffer control along all frontages ofthe business and within frfty (50) feet of all frontages of the business; (C) apply for a conditional use permit for delivery ofprepared food from the premise; and (D) food sales from a window or any opening within ten (10) feet of property line shall be prohibited. Section 5. This ordinance shall be published as required by law Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the_ day 2002, and adopted thereafter at a regular meeting of the city council held on the _ day of _,2002, by the following vote: AYES: COI.]NCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk C:\FILES\ORDINANC\condltusesb92.pln.wpd 4124/2002 Page 8 Draft: March 4,2002 (with P. C. Revisrons) Proposed Annotated Changes to Zoning Regulations Size of Retail Buildings: Burlingame Avenue Commerical Area Subareas A and B and Broadway Commerical Area Add Conditional Uses to Subarea A and B: Graphic Arts and Design Retail Business and Health and Beauty Spa Change Time Limits for Planning Actions Below are proposed amendments to the text ofthe zoning chapter ofthe Municipal Code which would address size ofretail businesses in Subareas A and B ofthe Burlingame Avenue and Broadway Commerical Areas; the addition of two conditional uses in Subarea A and B ofthe Burlingame Avenue Commerical Area; and a change to the length oftime a planning approval is valid before a building permit is issued. Included are annotations explaining the reasoning behind each change and, where pertinent, how numerical standards were determined. Planning Commission recommendation is noted lre italics al the end of each section. Size of Retail Buildings in the Burlingame Avenue Commercial Area Amend CS. 25.36.040 Burlingame Avenue commercial area and Broadway commercial areas Add to:(b) conditional uses (l) Subarea A (J) Maximum gross square footage for the first floor of any building or structure of 6,000 GSF. Annololion: Over the post yeor concern hos been expressed obout lorge retoilers toking over Budingome Avenue (Suboreo A) ond chonging the pedestrion-orienled, "smoll shop" chorocler of lhe Avenue by creoling o more outo orienled regionol shopping center ombience. This chonge in orientolion increoses lhe demond for longer lerm porking in lhe oreo ond mqkes the downlown less supportive of the locol service community needs. The purpose of lhis review of buildings with first floor footprint over 6,O00 GSF is not to discouroge retoilers, but to protecl lhe "community shopping" pedeslrion chorocter of lhe oreo. lt is suggested thol o review line be estoblished for first floor footprint in Suboreo A. By moking this footprinl o conditionol use, ony property owner or developer moy request o condilionol use permil with Plonning Commission review for o lorger footprint. As proposed this review line would olso extend io oll new construction in Suboreo B. Study of the exisling building footprink for properties hoposed Changes to Zoning Reguldions:Comercial Conditional (lses April16,2002 fronling on Burlingome Avenue showed lhot the present flrsl floor building footprints |.ong" {'ro. 1,,l25 GSF SF to l9,BO5 GSF with the medion building size being 7;288 GSF. However, the doto collected olso reveoled thol single lenonl buildings were substonliolly smoller. (See ottoched toble) Review of existing buildings occyq':d^qy- ,lngt" t"nont showei the ronge in lerms of size being 1 ,125 GSF to I0' 717 GSF ' *iti thu ,"dion size being 6,226 GSf . Becouse the overoge lenont spoce in.*he ,rftiff" tenont buildings is obout 2,2O4 GSf , il oppeored thot buildings less lhon i,OOb OSf could be e}ectively used by either multiple or single lenonts. Mueh . srJL, thon 6,000 GSF mighi be too reslrictive in lerms of long lerm {le1b]li! oi:-s.e i"r" UrifJi"g. in Suboreo i, such os 1420 B*r.lingome Avenue (obout 7,000 GSF) hove been usld ot differenl times by multiple tenonts (3) ond lqler by o single lenont iAb"r.ro.bi" ond Fitch). Bosed on these numbers using d000 GSF os o review line ior r."ploc".ent building firsl floor foo4#nls seemed opProPriole' ltshouldbepointedoutthotbecouseollconditionolusesinSuboreoAoreolso .""riJ"i"Jti be conditionol uses in Suboreo B, o new building with o first floor iootorlnt qreoter lhon 6,000 GSF in Suboreo B would olso require o conditionol use ;;ii, ;G ii t tr"t"a otherwise in lhe code' Suboreo B is on importont plover in !.-1o;ii,;.''t; th; sense of moss ond scole in the downtown oreo, even though in Suboreo B new construclion would hove lo provide porking to code on. site.which ;;"1; ,"*" to moderote the size of the buildings. For these reosons, the Plonning t".ri*i"" f"ft lhot extending the review line ior building footprint should be exiended lo Suboreo B os well. Plonning Commission Recommendofion: oPprove o conditionol use permit for new ilil;;g"t *itt' o tiot Roo. {ootfrnt of 6,000 bsF or greoter in Suboreos A ond B.o{ the Buriingome Avenue commerciol oreo' Size of Retail Buildings in the Broadway Commercial Area CS 25.36.030 Conditional Uses requiring a conditional use permit' Add section: 79. Muimum gross square ftntage /or the fint Jloor of any buitding or structure-et 5,000 GSF-in the Broadway Commercial Area' Renumber to 20, section 19. Other uses similar Annololion: ii',t i, J..i-Uf" to review the size of new first floor building footprints in lhe Broodwoy Commerciol Areo in order to protect the neighborhood service shopping orienlotion of the oreo, then the moximum tuilding footprint of this oreo should olso be subiect too .onJlri"nof use permit. Study showed lhol lhe prese-nt first floor building footprints in trr" a;a;ry tlrr"rciol Ar"o ,.ong" from 9d0 GsF to 9'950 GSF' consideroblv lmoller thon on Burlingome Arenue.- The mediqn existing first floor building size wos 2 boposed Chaages to Zoning Reguldions:Conerciol Conditional Uses April 16 ,2002 Change Time limits for Planning Actions CS 25.16.130 Time limits for exercise ofvariance, conditional use permit, special permit, or condominium permit Presently Reads: (a) Where a use is conditional upon the granting of a variance or the issuance sf a conditional use permit or special permit, zuch use shall be commenced within a period of one year from the date ofgranting ofthe variance or the issuanceof{he conditional use permit or special permit, and in the event that such use shall not have been so commenced within such period, such variance or permit shall become null and void. The commission is authorized to grant an extension, or extensitr s, for a period not exceeding one year upon application. Should Read: (a) Where a use is conditional upon the granting of a variance or the issuance of a conditional use permit or special permit, such use shall be commenced within a period of two yeors from the date ofgranting ofthe variance or the issuance ofthe conditional use permit or special permit. In the eventthat such use shall not have been so commenced within such period, lhere shall be no extensions qnd $)ch variance or permit shall become null and void. Annolotion: This chonge would meon lhot oll zoning oclions, excepl condominium mops, would be good for two yeors from the dote of oclion. There would be no extensions gronted. J 3,600 GSF. However, the fint floor spoces of single tenont buildings ronged from I ,350 GSF to 7 ,8O6 GSF; wi+ho medicn*izeof 4,992 GSF. (See toble otloched) Since the overoge lenonl spoce in multiple lenont buildings wos oboul 600 SF, it seems oppropriote lo bose the review line on lhe single tenonl medion size. This woy o building with o first floor footprint of less thon 5,000 GSF could be used by eiiher o single lenont gr+nul+iple tencn*s. Based sn +hese numbers 5,OOO GSF for o review of o first floor fooprinl seemed oppropriote. At study ihe Plonning commission delermined thot buildings over o cerloin size in lhe Broodwoy Commericol oreo shocld be revie\ryed for lhe some reoson *hey should.be ln Suboreos A ond B, to promote voriety ond o good mix of pedeslrion orienled retoil soles opportunities. The commission felt thot the premise for meosuremenl olso should be the some, the first floor {ootprln+ of *he proposed building. Plonning Commission Recommendolion: opprove o condilionol use permi' fi ,r new buildings with o firsl floor footprint of 5,OOO GSF or greoter in the Broodwoy commerciol oreo. hoposedChottges@Coriitiondrlses APi' t6,"on1 The opplicont will hove two yeors, following the lost city oction on the proiec3, within which to submit plons ond get o building permit. lf o building permit. is not issued for the proiect within two yeorslthe City's plonning opprovol oction would be voided' To Lrifi tn" proiect-offer cxfrirntinrl the nf'f,lirnnt wnulrl-$s. rel' 'ired-fogp1hrough Jhe plonning opprovol Process ogoin' One of the reosons thot Plonning opprovols expire is thot developers hove the right to build under the Coiifornio-Bui.ld-iig,Co.l.r..l,,i..-"nt"ja effectoljfis tirna Jhoy€pPly for o Plonning permit. With this [roposed .hongu the opplicotion would be "frondforh"rJi" underthe Colifoinio Building ond Fire code lor2yeors from city oction, but no odditionol exlension would be-possible' Moreover, this eliminotes the .hon." thot the "npii"nor -"y;ffi 1s. rrndent.lndjhorrhey musropplyJor qn e-Jonsion before the end of ti'r" flrst yeor ofter oction. This requirement seems to be o porticulor pr"Lf", for hom"o*n"" i'"ndling their own permits. Second opprovol octions on proiects, "ren moiolon"r, usuolly-g,, foirly quickly since.in most coses the environmentol worlcios beendone; the fsc*ls of second review'is generclly on chonges to the p-i"J t"quired by chonges in the Colifornio Building ond Fire CoJ""r, ond other proiect chonges suggested by the opplicont' A Finol note on the subiect of time limits. ln september 2000, cs 25'16'.l30 (b) wos omended lo exiend condominium permiiopprovols so thot they exprrerArilhJhe t"niotir" mop. This wos done becouse the Stote chonged the durotion of Tentotive Mops ond it.wos p-.uir.lly cumbersome to review o condominium proiect when the tentotive mop wos still ,oiid. Tentotive mops run for three yeors becouse they connot be reploced with o Finol Mop until the proiect is built' Since most condominium proiects toke obout o yeor to buitd io the point ot which o finol mop con be prepored ond iiled, the timing on expirotion of -the condominium permit will be consistenl with fhe proposed twi yeor expirotion{or oll other plonning per+ni{s' Plonning Commission Recommen.i-'ion: thot the one yeor time limit on zoning opprovols not be;-onn;. ii" C"*rissioners felt thot one yeor wos sufficient time for o motiv"t"d ";;il'o"rn, "r"n with o moior proiect, to complete the requirements for receiving o building Permit' U:Voninglssues\CcsRrctailsize,permittimelimit4' I 6'02'doc 4 I Table: Properties Fronting Burlingame Avenue - First Floor Footprint over 61000 GSF, March 2002 Source: Burlingame Planning Department, March 2002 U:\Zoninglssues\TableFirstFloorFootprintBurlingameAve 3.02.doc Total Structures ftonting on Burlingame Avenue'. 46 First FloorFootprints over 6000 SF: 13 (28%) Address Use (2002)First Floor Footprint (Square Feet) Burlingame Avenue 1234 Retail (J Crew)8.300 1294 Retail (Gap)6.360 1300 Retail (Wine Stop)7,500 1420 Retail (Abercrombie andT)7,700 1425 Food Estab. (Gau Pong)6,219 1426 Retail (Maiouffs)8,750 t462 Retail (Talbot's)10,717 llll-1125 Retail (3) Fd. Estab. (3)10,500 l 108-l I l6 Fd. Estab(F&A), retail 14,040 1323-1327 Retail (2)6,918 t375 Retail (Crosby Com 13)19,805 t4t9 Retail (Fox Mall 30)12,500 t4t0-1414 Retail (2)7,100 t I f ji-l.. ., !'4, ,'{ t':' N N{ t t.! t ,:\ n0 f i:"."..s \.\ .$ I I I t ! A ;1'{d\ !-r'. .': Table: Broadway- First Floor Footprints over 5000 GSF (2002), Mafch-2002 Source: Burlingame Planning Department, I0ldar ch 2002 U:\Zonin glssues\TableFirstFl oorFootprintBroadway3.02.doc Total structures in the Broadway Commerical Are,a: 43 First Floor Footprint over 5000 SF: 9 Ql%) Address Land Use First Floor Building Size (Square Feet) Broadway l160 Retail 7,806 tt70lt174 Fd. Estab./Retail 5,830 ,'l 123011232112341123 6 3 Fd. Estab/Retail 9)850 1408/1410 Retail 5,049 tt99 Retail 6,575 140s11423114271 1431/1433 Fd. Estab/Retail 7 ,J 97 Chula Vista tt27 Retail 5. 000 El Camino Real I 188 Financial Institution 6,168 Paloma I 150 Fd. Estab.5,635 \ TeHe Analysis o1' Singte ad Multifle T€nant Space Ooorparcy aod' firstFbor fooryint of AII Strucfires B(@ Baoks on hnlingame Avenre aod in the Broadway Commerial Are4 laortaty2UI2 Source:Peputment Iaanry2O02, BurlingancAvcnuc StrcetFrontegc Bnoedrrey Commcrcirl Arca ArceTolds First FtoorR€fail 295,154 tffi,5?8 Number of Structures 6 4t llzt- 19,805 qn-9,850 Size 6At6 3,91't Median Size 7288 3,600 fftmber 9l 86 3243.4 r-- Tcnant of Stnrcturcs 26 l3 Range-Size 125 I t7 1,350-7,806 4,141Size Size 6,?6 4,W2 Tcnant I{rmber of Struetures 20 (4t/o)2E 72 325 2-57 RangeSize ofBldg(SL s9.53Size?,1il-4 Median 8,290 -a: - s95Ave. Size 2,2U t a 1-867Tenant 4-695 65No. Terrants i" U-fe".g!@- l-7fti t l.:'' 6. PUBLTC COMNIENTS The following spoke regarding the reappointment of Planning Commissioner's Ann Keighran and StanVisitica: Charlie Dreschler, 225 Banqoft, Constance Cohen, 605 Lexington, Ann Keighran, l53l Vancouver, Terry Nagel, 2337 Poppv Drive, Ken Castle,l4ll Drake, Sue Fuller, 2ZlOpoppybrive, Joe Donohue, 1527 McAllister, San Francisco, Anna Marie Holland Daniels, 515 Howard, vaterie Chung, l50lMagnolia, Donna Sloat, l256Lagwa,LizO'Connor, 1232 Cabillo, Joan Busby, 1224 Cakllo, BrianAdler, 2407 Hale Drive, Diane Condon Wirgler, 1536 Cypress, Russ Cohen, 605 Lexington, JohnHunter, 810 Crossway Road, Tony Herrera,l0T Grand glrO, South San Francisco. Don Corey, g33 Alpine spoke regarding developing in Burlingame, solicitation signs in his neighborhood and tearingdown buildings to be replaced with used car lots in Burlingam". Lrs Cohen,Z05 Lexington, spokeregarding the historical properties listing, and Linda Abbey, 2415 Adeline, spoke regarding the parkingIot being built acioss the street from heihome. 7. tl- 4 a. Ilrtrgduction.of Ordinance forZonins Code A.mendment for Buildins Size in the, Burlingame Avenue Commercial Are CP Monroe reviewed her staffreport dated March l8,2}02,and requested Council indicate whetherthey wished to introduce the proposed changes for amendment to thl zoning code. After some discussion regarding the zoning code amendment, Mayor Janney requested CC Musso readthe title of the proposed ordinance. Councilwoman o'Mahrry *"d" u 11otion to waiver furtherreading of the proposed ordinance; seconded by vice {ayor ioffey, ,pfrou.a by voice vote,4-0-1,with councilman Galligan absent. councilwoman Baylock made u *otion to introduce the proposedordinance; seconded by vice Mayor Coffey, approvedby voice vote, 4-0-l with councilman Galliganabsent' Mayor Janney requested the City Cleif publish a summary ortrr" proposed ordinance at leastfive days before proposed adoption. b' Resolution #2612g124dgPtine cqo:peratlns Poliev/Phitosophv behryeen tne City.fBurlineame and the Burlineame EIi CM Nantell reyr-ey-{ his staff report dated March 13,zoo2,and recommended Council adoptResolution #26-2002 approving th9 cgo3gration Policy/Philosophy between the city of Burlingameand the Burlingame Elementary school Dist ict. Councilwoman o'Mahony made a mo-tion to approve Resolution #26-zo02adopting cooperatingpolicy/philosophy between the City of Burlingame and the Burlingame niementary School Dishict;seconded by Vice Mayor Coffey, approved by voice vote, 4-0-1, *ith Councilman Galligan absent. 8. CONSENT CALENDAR city Attorney Anderson noted that item 8f) Budget Study Meeting has been postponed to Thursday,March 28, 2002 at 5:00 p.m. AIso, cA Andersoi noted it " poti.J officers Assotiated voted to accept Burlingame City Council Unapproved Minutes 3 March 18,20ft2 I City of Bwlingane PluuingConmission MilMes Febntay2S,2002 shall finishedorconveriedtolidngaredofanytype. ThermimFov.edueashallbewatlodofffiom the basement area and shall be throughadoorno 5' x 3j rvtosedgrign meets betrneen two oEsrryncies, 7. 1204 requirements of the C-alifomia and Ffue Codes for and storage; and 5) that the shallmeetallthe ofthe Califomia Building and Fire Codes, 1998 edition- as amended the City ofBurlingame.motion was seconded by C. Commerrt on the did a lot of this projest the first time through rcview process; this iq of a house wit['a the addition really does fit thea architectrne on the goodjob. Chainnan for avoice vote on to approve the design review to alter wenethewindowsThemotionon a G0-l (C. Bojuds absenQ. advisd.item concluded at 8:07 AVENTIE-ZONED R-l APPLICATIONFORDEStrGNREVIEWAL{ENDMETiIT REQT EST FOR A SPECIAL PERMIT FOR IIEIGIIT A}ID DECLINING HEIGTIT EI-IVEIOPE FOR A ilTEW TWO.STORY HOUSE WIIH A DETACTIED GARAGE (MIKE'MLSON, APPLICAI{T AI.IDPROPERTYOWNER; JAMES CHII,CHUDESIGN &ENGR,INC.,DESIGNER) (61NOTICED) ,ONTI{ERINE .k PLA}INER: This item was continged rmtil the applicant submits.additional ryquircd information requested by the Planrring fleparhent, staffreviewed the information and public notice will be sent. SIZE IN BT]RLINGAME AVENTIE AI\ID COMMERCIAL AREAS,NEW CONDMONAL USES IN THE BURI,INGAME AVENI]E COMMERCIAL AREA" A}ID CHANGE TO ZONING ACTION H(PIRATION (NOTICED BY Reference staffrepor! OZ.Z5.O2,with attachments. CP Monrcre presented the repor! reviewed the proposd code changes and changes suggested by the Commission at study. Chair!ry!\Vistica opened the pubtic hearing. There were no comments from the Bublic on this item and the prblic [etjting was closed Commission comments and discussion noted: . Code does not currently have a squarc footage limitation on permitted uses, fear that by adding language regarding rq.rur" foot g" limits on conditional uses will create an ambiguity in tbe code- if a p"*ir,"a* gootin, butit is overthema:rimum squarcfootage allowe4 would itneedreview? TIre code changefor size wuld only qply to new buildbtgs with afirstlloor gross squoefoonge of 6,\U)SF o, *iri inthe.Bwlingome Avemte commercialoeattdS,(XN gross squoefeet ormore in it " lrooanoy Commercial Area Any new building more than tluse squoe footages would be required to appty for a conditionol usl permit, regrdless of the use. A new bailding vanld olso be reqaired to go- ttyough the Commerciol D*ign Review process. No utrbiguity is created because the prip"t" oflonainorrattxesB to identifytlrc.useswhichwithr*iitw, eonbe allovedinthezone-This requirement ryplies to new * t uaio, only, ttot a change in tenont or use in an *lsting building 6 NEWSPAPER)PROJECTPLA}.INER: MEGMONROE , City of BuliAane Platming Conmixsion Mirutes Febrwy 25, 2N2 o Concerned with limiting semi-private group class€s to 6 people witL retail compon€nt, espocially in areas below the frst floor, where the only concem is pa*ing; are we micro-managing businesses; in Pilates caso there are only a few people in each class and th-ere is no real impact in [a*ing; does : people per class include the instructor. A group it struction use in Subareas A and B atd on Broadway row requies a conditional use permit ond must be incidental to retail actiity (not more thon 25ok ofthe business reverue). Iftte identified Heakh and Beau4r Spas as a personal seruice retail use and allowed spa tha *irci to hove gTottp iwruction to applyfor a conditional use permit it would ctorifythe definifion Presently ttu definttXn as written exempts Heahh and Beauty Spos from conforming to the definition of groirp t*t*"noo This could create a code adninistration problem in the futwe. But nfung the einption out would eliminate yoga closs, for exompre, as a Hearth and Beauty spa personar-semice ie, ince lnga isprimarily a group octivity ,tot incidental to a primay retail we. ''. 'l$tice that health and beauty spa definition*satesthat there should be a retail sales component wfiichincldcs *substantial" taxable sales, why is this not included as part ofthe defnitionior gr4hic arts and design business? City Council looked at the deJinition ofa graphic mts ond design retail business and determined that' these businesses alrea$t pay a substantial tax.. Their concei in defning Graphic Ai,rts ond Design Businesses as retoil wasfoctsed on these businesses having a retait oppeiorion the streetfrontage. Commission noted that lo be determined to be retail the Crryhix )r* and Design Business would htive to have at least 2594 ofthe area olthefrstJloor not onlyvisiblefrom the streZt bu also devotedto retail sales. r Do not agree with changing planhing Commission approvals to two years without extension; if someone is serious about a project of Yfar is enoughtime for an applicant to get builrring permit issued; should keep one year approval with option ofone year extension. r Agree with need ^for two year approval, someprbjects are ver5r complex and need that time to put theproject together for submittal- To clariff the recommendations to Comcil, the action on the zoning amendment recornmendations we.esplit up and three separate vot€s were tak6n. Graphic Arts and Design Retail businesses and Health and Beauty spa definition//class size Chairman Vistica moved to recommend the zoning code amendment to City Cormcil, to add the defnitionof Graphic Arts and Desip Retail business which would be a new *naitiooa use in Subarea B anprohibited in Subalea A and; to establish a new personal service use, Health ana neauty spa as apedeshianoriented use belowthe first floor only iu Subarea A ofthe Burlingame Avenpe *--Lii-"* and uft€rthe business has substantial retail taxable sales aod a busine-ss need for gl; i""h;n require anaccompanying conditional use pemrit for a group instruction. The motion "i" "i.-"al ty C. Keighran. 7 Citi 6 hrlhgone Plaming Comnisrion Mitata Fetruoy25,2{n2 Chai,rman Vistica called for a voice vote o[ the motion to recomrcnd to City e-ouncil addition of a Dew personal service use, Heafth and Beauty Ea, which could include gFurp insm|cdon with a conditional use permit. The motion passed on a il)-l (C. Bojuds abseil) voice vote. 'Ctairman Vistica moved to recommend to City Corrncil tbat tte provisions for exrending planning commission actions as presently defined in the zoni4g code remain ucharyed and that the Plaming Cor.rmission approval t€rm of orc year, with the applicant option of requesting a ore year extension be rctaircd. Tb rrotion was secoffi by C. Keig[ran. Chairman Vistica called for a roll call on the motiolr to recoqmeDd to City Corcil tbat the provisions for exteding plamiag commission actions as presently defrod intbe zodng code remainmchaoged. The rnotion passed on a 5-1-l (C. Alran disseming, C. Boiu€s absent) voice vote- Building Fooryrint in tfu Burlinganu Ateme bwnercial Area ond thc Broa@ futtmercial Area Chairman Vistica moved. to .Oor."m the zoning code arcndmem j9 City C6trncil to require a conditioml use permit for any rew structrre in S-Xb Areas A and B of the Burliogamc Avenue Commercial Area which has a first floor gross floor area of 6,flD SF or morc and require a coditional use permit for any new struchre in tbe Broadway Commercial Area which has a first floor a gross square footage of 5,0fi) SF or more. Tbe motion was secoded by C. Keighran. Ctairman Vistica called for a voice vote on the motion to recommend the zoning code ame,lrdrnent requiring a conditional use permit for buildings over a given size in the Burlingame Avenue andiBroadway *.-61ii6 .n"* to City Council. The motion passed on a 6-0-l (C. Bojuds absent) voice vote. Appeal procedures were advised. This item concluded at 8:38 p.m. X. DESIGNREVIEWSTT]DYITEMS 9. 1236P ENVELOPE FOR A FIRST AI.ID SECOND'{F'IORY ADDnON , APPLICA}.IT A}.ID ASTILEY MCNEELY A].ID ODABASHIAN,owNERS (76 PROJECT PI.ANNER: CAIIIERINE Planner Kelon pre,sented the project There were no questions of Chairman opened the public comment.Odabasliian, property 1236 Avenue, AVEIYTIE_ ZONED R-I_APPLICATION FORDESIGN REVIEV'I AND SPECIAL FORDECLINING DEAL, JD & ASS and Jerry the floor The pmject designer, 1226 were preseirt There no other from the public hearing was had the following comments and concems to be 8 plans: by apptcant Plaming Approval Term ive ( an( There were comments from the Commission. This was set for the regular calendar when all the Jamoy 28, 2002 work completed the information has been and reviewed Department. This item at 7:30 p.m.t BROADWAY COMMERCIAL AREAS , NEW CONDMONAL USES IN THE BI,]RLINGAME AVENT]E 2-ZONING CODE AMENDME}.IT FOR BI.,tr-DING SITF N{ BURLINGAME AVENUE AND C document has beencomplag( by the Pl4#ng TOZONING ACTION TON. CP Monroe presented a summary of the staffreport. commissioners asked: how is "substantial taxable sales"defined for Graphic Arts and Design Businesses, and since this is to be located in a pedeskian oriented area shouldn't the use title include the term .tetail,, since most graphic desigp businesses have no retail componen! suggest add requirement 1o 6"61i1isn rhat 25% ofthe floor area be devoted to retail sales YII. ACTIONITEMS CO - ITEIqB ON CONSENTCALWDARARE CONSTDERED TO BE ROWNE MEYAREACI'ED ON AND CHAN GE space- Concemed about review oflarge fooprint buildings; for health and beauty spas, three people for an 1ns[uction group is not big enough to be an economic unit, should be 6 people maximum; text on limitation for sizc of Iirst floor space on Broadway should.be the same GSF of nrst floor as in Subarea A, Commission discussed whether the review line for size in Subareas A and B and on Broadway should be approved with a*sunset". Conclusion was that development would occur slowly enough and the sunset be so long as aresult, that it did not make sense to have a sunset requirement. There were no fryther comments on theproposed zoning regulation changes. Chairman Vistica noted that this item should be set for public hearing on the next available agenda when theCommission had time for the item. This item concluded at Z:40 p.m. TE A MEWER TO ADOPT. PUBUC OR A All calendar items moved to the CNON IS REQUFSTYD BY THE AP P UCANT, PRIORTO THE TE E COMMISSI O N YATFS ON THE ITON ON {,fZESS Calendar. GULARACII 3 2OOODAVISD -zoI\tEDR-l-TIONFORDESIGN ANDLOTCOVERAGEVARIANCEAFIRSTANDSTORYADDMONDEAL, JD & ASSOCIATES,APPLI DESIGNE&TO SUSANBOWEN,PR owNERS) (52NOrICED) staffreport 1.28.02,attachments. Planner the repor! reviewed and Five were zuggested for Vistica the public hearing. Susan Tom Bowen, property pr€sentCommissionerthis item was moved offof consent calendar to the regular calendar toallow the owner explain the variarrce reques! _ Dot undestand the unique of thisproperty that a vanance-Applicant stated house has a courtyard which limits wherethey could add-on. Proposed porch adds character 3 to the fronL When you enter at th fron! you have to walk City $ Rurlingone Plamrhg Comnission Appraed Minutes act ron ne vIII. City of hrlingante PlamingCommission Minutes Jorury 14,2(n2 . Provide building heights and frnishd and right ofthe subject ho.use);. elevations of the adjacent (trno houses to the left This was secondedby C. Bojuds. Commenton this is a well-handled design given viewisblockedbywhdis nowrdue to the smail lot in Burlingame the Commission privacy nor does address privacy, feel that will be minimal. Chairman Vistica called voice vote onthe motionto placethis the regular action calelrdar the requested information provided. The motion passed on vote 7-0. The Planning Commission's action is not appealable. This item concluded l:40 p.m }L PLAI\II\TERREPORTS Review of regular January 7,2N2" CP Monroe the planning coverd atthe Council meeting. Review of Special Commission Study on Housing Element of December l9,2}0l,and City Council Review- There were no comments on this item- )+ xr. Discussion of Amendments to Zoning Regulations to C-l Subarea A, Tenant Size, Definitions and Timing on Permit Expiration. Commission and Cp Monroe discussed draft ofproposed zoning changes. After some discussion the commission suggested that this item be brought back to the commission at study for additional review. CP Monroe said she would try to get this item with the comments noted on the next commission agenda. the at 12:20 um.Chairman nespectfully zubmitted, Joe Boju€s, Secretary rrm,nrrrSl.14 l6 t, Pc lleeting - 2l25l|z . , m$iluN'c.ATtoN RECEIVEE To ttre Members ol the Planning Commission: trrE!' mEPABAnoN OF$IAFFREFON'T' Thank you for making the minutes of the Januarv 18fi and 28th 2ffi."-'-*' meetings of the City of Burlingame Planning Coirmission available to me. I appreciate your proposed addition to the iiefinition section (CS 25.08.336a) Health ahd Beaury Spa, that "l-leatth and Beautrspa means apepgnal service business focused on fitness analrrsis and tiainino for individuals and semi-priv?te qroups". Atthouqh. reqardino the initiitproposed limitation ol groups to two or srree-cli-ent-s, I definitelv aqree with the concems raised in the minutes of January 2gth, that'for hriafifi andbeauty spas, thrce people for an instruction 'group'li not Uiq e-n6uqh to be$ qg.ongmiqunit, stroutd be 6 people maximlm., lbetieve]howeier, thatme tntent of the,ofiginal wording on January 19, proposinq ihat .All sirchousrnesses shafl haw gr_ggps oJ two (2) to threeiS)-clienE, sctreduled no .9o^Tr$.t?lgJ9y_.f f teen(ts)minuresicanb_eacliirived6iifiiii;ilioups to srx, Dut scheduting goups no closer than thirtv (30) miriutes. Tiidtmodittcation woutd satisfy the needs of my businebs bn the lower level of1110 Burlingame Avenuti, without increasing tre oemano ioipa*ind. since there is virtually no 'foot traffic" on the basement lerael of 1110g,Ulgfle- fygl_ug, and stricflyretait businesses have had an extremetygrmcm rme qgtng gu.lvrvr--ng in this location, I harre had very limited sucoess I.qlpllgllg.r.lg reFlt sates porrio_n of my business. (Revtinue from myrerar product-tane which indudes fitness inachines, eiuioment. and agPlhtng line, as significanfly less than the income generated fr6m personal nuless lrilnrng, and curenfly represents a small percentage of overallr9p1l9):^t amJherefore concemed about the wording eipressgd in the\rapuary 1E,2w2 4irqtqs that a Health and Beautv spa traitae .a'retiail sales @mponent wlilch inc{udes substantial ta:<abfe s'ales,. since th-epnBse-substantiat taxable sales" is yague and subjective, wouldn't ii bepreferable to make rhe requiremenr6a[sucn bGht]G;ge,ieri'iciaxauresales? I believ.e that approval Dy the clty of Burlingame of the reclassiftcation ofmy Dusrness as a heatth-spa with a conditional use permit for classes notto exceed 6.peoptg, on ttui basement teve! of suGrbiAl wili ptrmi'imair Dusrnesses take mine tqco-elst *is lhe larg-er hrsiness6s on street bGi,while maintaining the character and charm diBurringa#A;;ii;:-'' Ap an upd.ata, I am cunently a very active member of the Budinqame Lion'suruD ano t'm soon to become an actirre board member. I also 60ntinue toparticipate in other phiranrhropic enoeavers torihl City oi Brirti6;#. Karen Scheikowitz, ownerof the pitates Studio RECEIVED FEB 2 0 2002 CITY OT BURLII{GA]iIE PLANNING DEPT. %,_ ,.J FINE JE EI,RY -Iannary 15,2Ux2 tvft* Meg Momoe Burlingame Cityllall fl)l Primose - .. *tjr* Burlingarc' Cfl 94010 DearMeg: I am sending you a copy ofa ktter to the editor whfoh got hded aftgr S€pt,erser I l. Actuafty, f *nA a copy ofthis letter to the Plaooing Conrmilssbn hS tbey hS it. Today I havermdeanaddendumastbesituationinBurlingamebgettingworse,notbetter. I hopeyouandthePlanningConrmissbnwillseribustyconsilermyitleas. Havingbeenin h$iness bre for ahost 30 years (Iuy is the date!), ['ve seen it all g€rt wiso forabeafthy, trappyand perceful2Uif2, W. GregoryMendell hopietor 'o:", Ce Burliryame Plaoning Commlssion RabhOstarling ,aS -g -"*r) V =.,tt',g i -tr"q s:€ S"- ZllpilkRoa4 Brnlingarrc, C-aliforniag40lo . Plpne (650) 343-7557 . Fai (6flrm&57"?,4 . Ermit kernsinc@aol-com @ ' j. ., Seetemner 7,2(J{J1 To The Editor: As ahrsiness owDer indonmtorrnBurli4game I wasverydistressed to read about the City Cormcit uantiog to timit the size of hrsircs- Unforumatefy r& hry; .*tmdlorbuildirg prft:es' the oH mm-and-pop seores camot atrord to oorne L"f toBuliaga,e at thfu time. would e4pty stlrcfronts be preferred? I do, horrevtr, belierc tht hftstory will once again rcpeat itselfh the pars to come. Domyofthe Cormcil merilers reder Lcvy Bmthas ad Itfiodgomery 1thrd"i TIIgsEnqte ttvo giant stores at their tirc ufiich rrrere errema[y dividj,e t tn" *o*.ttimurcrcrigfu. 'Phas,IdPs mt haw'morc govurrrrerlt intem'enrSonlimO dO.rmo*nUunnmes,. I sti11 . believirBralingarc 1an excepti<mat ptaoe to shop. The $rrdr- ; rffffi*thouehthc ocomnry has definit€ly stourcd a uar, Budfu;mc is stil'tho b* 6"il *" Ifthe Citycomcil Iry b he$ the hrsirc economy vftydon't theypgt rcnt contnolon all buiHiry used'6r retail *s I think that rvould U" iurn -or"'#i"i fioev€ryone. W- CrrcgoryMendell Kerns Fine Jeryeky Ianuary 15, 2002 Addendum Asyouoursse, the first htterwas qlttelryember 7,2OOl. Sinoe September ll,2m, orn hrsiness hs sloqred consft&ratrty. And as ofianuary t4,z6i,;harrc heard' mthirybr$'rbgative corprnents about the rar.3 An*r*g rates- Nore.pfthir.is good fortheeoonomy or the hrsines irn Burringpme- pba; ryti a" ,Hi]fr"fiiil'r..,t" $foess peopre inBurliagame. We r*a ru city to he$ promote ttre economyhere, not! ' dfttdc lvho ttey tl* snouU be kept out. - - Elcry neq/i'acaDcyrnearcfewer$oppers,drinkas,andeatersinBurlingame. NottorMion poople usng seryi@s srch a;6anks, travel ffi etc. We havr-boen very hrckyto hive been a destination crty in the past [rt's trJr to koep it that rvay. ORDINAIYCE No. ORDINAI\ICE OF TIIE CITY OF BURLINGAME AMENDING VARIOUS PROVISIONS OF THE ZONING CODE TO REQLIRE A CONDITIONAL USE PERMIT FOR FIRST FI,OOR OCCUPATICIES GREATER THAII A CERTAIN NI,]MBER OF SQUARE FEET IN THE BURLINGAME AVENTIE AI\ID BROADWAY COMMERCIAL ARBAS AND TO PRO\TIDE A TWO.YEAR PERIOD FOR PLAI\IIING APPROVALS WITII NO EXTENSIONS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section l. A. The Burlingame Avenue and Bro-A(way.Commercial Areas are the core retail centers of the City. The City is concemed that their vitality, small-town feel, and inviting pedestrian nature could be j eopardi zed if large retail uses consume street frontage. This ordinance sets first floor, square-footage review lines to ensure that any larger proposal will serve the pedestrian ambiance of the Areas and will not worsen the traffic and parking issues in the Areas. The ordinance shall not be used against a particular occupant from locating its business in the Areas, but shall only be used to evaluate and limit the size and intensity of the proposed use- B. The ordinance also eliminates the one-year extension process for planning approvals' Instead, planning approvals will require that they be put to use within two years. There are no extensions of the approvals beyond the two years. Section 2. Subsection 25.16.130(a) is amended to read as follows: (a) Where a use is conditional upon the granting of a variance or the issuance of a conditional use permit or special permit, such use shall be cofitmenced within a period of two (2) years from the date of the granting of the variance or the issuance of the conditional use permit or special permit. In the event that such use shall not have been so commenced within such period, there shall be no further extensions and such variance or permit shall become null and void. Section 3. Section 25.36.030 is amended to read as follows: 25.36.030 Conditional uses requiring a conditional use permit. 4t2412002 Page 1 I _t I 2 3 4 5 6 7 8 9 10 l1 t2 l3 t4 l5 16 t7 l8 t9 20 2t 22 23 24 25 26 27 28 The following are conditional uses requiring a conditional use permit: (a) All permitted uses and all uses allowed with a conditional use permit in the R-l, R-2, R-3, and R-4 districts, and subject to the same regulations and resfrictions applying to those uses in their respective districts, and subject to the building restrictions prescribed in sections 25.36.060 and 25.04.080; (b) Public garages; (c) Gasoline service stations, subject to regulations prescribed in chapter 25.74; (d) Transportation terminal, depot, station ticket ofEces and anybuilding or skucture used fer the accommodation of passengers; \ (e) Parking lots, subject to the regulations prescribed herein; (f) Mortuaries; (g) Financial institutions; (h) Dry cleaning processing plants; (i) AnV structure that is more than thirty-five feet in height; (i C-2 uses in the block described in section 25.36.035; (k) Certain grocery, drug and department stores as described in section 25.36.036; (l) Drive-in services or take-out services associated with permitted uses; (m) Real estate; (n) h association with a church or other religious or nonprofit institution, provision of temporary shelter for homeless individuals or families, provided that the facility is located.within a transportation corridor and the use does not occur continuously at any one location for more than six months of any twelve month period. (o) Tanning facilities; (p) Classes. (q) Other uses similar in characterto those enumerated in this section or section 25.36.020 which will not be obnoxious or detrimental to the neighborhood in which they are located. Section 4. Section 25.36.040 is amended to read as follows: 4124/2002 PageZ I 25.36.040 Burlingame Avenue Commercial Area and Broadway Commercial Area. (a) Permitted uses in the Burlingame Commercial Area. Only the following uses are permified in subareas A and B of the Burlingame Avenue Commercial Area: (1) Subarea A: (A) Retail useswhich achieve contiguous, pedestrian-oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory stationery, florists, household furnishings, and fumiture. @) Personal services, such as barber and beauty shops, photographic sfudios, shoe re'pair, (C) Above the first floor only: hotels; offices except health services, real estate and fi nancial institutions ; (2) Subarea B: (A) All uses permitted in Subarea A, @) Nurseries, (C) Auto suPPlY, (D) Offices except health service, and except as provided in subsection (bX2XE) below, (E) Computerprogramming and software equipment rental, (F) Schools, above the first floor only, (G) Floor covering, (H) Household aPPliances. (b) Conditional uses in the Burltngame Avenue Commercial Area. The following uses are the only conditional uses allowed in subareas A and B ofthe Burlingame Avenue Commercial Area and shall require a conditional use permit: (l) Subarea A: (A) Instructional classes incidental to retail or service use, @) Grocery stores and markets, (C) Gasoline service stations, (D) Schools, above the first floor only, which operate outside of retail hours, (E) Real estate and financial institutions above the first floor only, 4/2412002 Page 3 I 2 3 4 5 6 7 8 9 10 1l t2 t3 t4 l5 16 l7 18 t9 20 2t 22 23 24 25 26 27 281 (F) Public utility and public service buildings and facilities, (G) Laundry and dry cleaning agencies and processing plants, (H) Drive-in services or take-out services associated with permitted uses, (t) Food establishments; (J) A first floor of any building or strucfure that has more than 6,000 gross square feet; (2) Subarea B: (A) All uses requiring a conditional use permit in Subarea A, except financial and real estate, 1,,, (B) Pool halls, bowling alleyq_and other amusement uses, (C) Health services, (D) Residences above the first floor, (E) Real estate or financial institutions with frontage on Chapin Avenue, primrose Road, DonnellyAvenue orthe west side of Lorton north ofDonnellyAvenue, (F) Tanning facilities; (G) Food establishments; (c) Nonconforming uses in the Burlingame Avenue Commercial Area. Notwithstanding any contrary provisions of Chapter 25.50 of this code, nonconforming uses in the Burlingame Avenue Commercial Area shall terminate only upon the vacation of the premises by the use occupying said premises on October TJEB'I ; provided, however, such existing nonconforming uses shall be allowed to continue despite destruction by catastrophe or natural disaster of the existing strucfure, so long as the use occupying the space at the time of the catastrophe or natural disaster is the use refurning into the new strrcture. New uses in such structures must conform to the permitted and conditional uses for the appropriate subarea. (d) Vehicle parking in the Burlingame Avenue Commercial Area. Notwithstanding any other provision of this code, the following shall apply to vehicle parking requirements in the subareas A and B of the Burlingame Avenue commercial Area: (l) Uses permitted and existing on October 1, 1981, shall be exempt from the parking requirements of this code. 4/24/2002 Page 4 1 2 3 4 5 6l 7 8 9 10 11 t2 l3 L4 15 16 t7 18 19 20 2t 22 23 24 25 26 27 28 l_ (2) Businesses whose use becomes nonconforming as a result of the creation of this area shallbe exempt fromparkingrequirements until thevacationofthepremises bytheuseoccupying the premises on October l, 1981. (3) Any new development, except reconstruction because ofcatastrophe or natural disaster, shall provide on-site parking, except that the first floor of such new development in subarea A shall be exempt from parking requirements if the first floor is used for retail or personal service uses. (4) Buildings reconstructed after catastrophe or natural disaster shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on site- (e) Conditional uses in the Broadway Commercial Area. In addition to the conditional uses allowed in C-l districts, the following uses are only allowed in the Broadway Commercial Area pursuant to a conditional use permit: (l) A first floor of a building or structure that contains more than 5,000 gross square feet; (2) A food establishment. (f) prohtbited uses in the Broadway Commercial Area. In addition to the uses prohibited in C-l districts, the following uses are prohibited in the Broadway Commercial Area: (1) Financial institutions; (2) Health service and real estate; and (3) All other offices on the first floor. (4) Psychic services- (g) Food establishments in the Burlingame Avenue Commercial Area, Subarea A and Broadway Commercial Area. The provisions of this subsection shall only apply to food establishments in the Burlingame Avenue Commercial Area, Subarea A, and the Broadway Commercial Area. (1) In Subarea A of the Burlingame Avenue Commercial Area, the number of food establishments shall be limited to those existing and in business on November 1, 1998, and at the locations as shown on the Burlingame Avenue Commercial Area Subarea A Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999. A food establishment is a 4l24l2oo2 Page 5 I 2 3 4 5 6 7 8 9 10 lt t2 l3 t4 15 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 ,r business as defined in Section 25.08.268 and shall be deemed in business if it was legally open for business as a food establishment to the public on November 1, 1998. (2) h the Broadway Commercial Area, the number of food establishments shall be limited to those existing and in business on November 1, 1998, and at the locations as shown on the Broadway Commercial Area Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999. A food establishment is abusiness as defined in Section 25.08.268 and shall be deemed in business if it was legally open for business as a food establishment to the public on November 1, 1998. (3) The seating area of the food estahlishments described in subgections (l) and (2) above as shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tpe Tables approved by the City Council on October 18, 1999, above maybe enlarged onlyby amendment to the applicable conditional usepermit forthe establishment. (4) A food establishment use classified as a full service restaurant by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables approved by the City Council on October l8,l999,may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit to the establishment. (5) A food establishment use classified as a limited food service by the Burlingame Avenue Commercial Area Subarea A and Broadway Conmercial Area Food Effiilishments by Tlpe Tables approved by the City Council on October 18, 1999, may change its food establishment classification only to a full service restaurant or bar with approval of an amendment to the conditional use permit for the establishment. (6) A food establishment use classified as a bar by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999, may change its food establishment classification only to a full service restaurant or a limited food service with approval ofan amendment to the conditional use permit for the establishment. (7) A food establishment use classified as a specialty shop by the Burlingame Avenue 4/24t2002 Page 6 1 2 3 4l l l 5 6 7 8 9 t0 ll 12 l3 l4 15 16 t7 18 t9 20 2l 22 23 24 25 26 27 28 Commercial Area Subarea A and Broadway Commercial Food Establishments by Tlpe Table approved by the City Council on October 18, 1999, shall be allowed to change to a different type of food establishment. A specialty shop may be replaced by another specialty shop at the same location within the same or less square footage. If a specialty shop is changed to any other classification the site shall not retum to specialty shop use. (8) A food establishment may be replaced by another food establishment of the same classification so long as the replacement business is of the same classification as that shown for the siteontheBurlingameAvenueCommercialAreaSubareaAandBroadwayCommercialAreaFood Establishnients by Type Tables approved by the City Council on October I 8, 1999, subject to the conditions of the existing conditional use permit, and it complies with the same conditions as in the existing conditional use permit. (9) No food establishment shall occupy a location not shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tlpe Tables as approvedbythe CityCouncil on October 18, 1999. (A) Specialty shops shall not relocate to any other location on the Burlingame Avenue CommercialAreaSubareaAandBroadwayCommercialAreaFoodEstablishmentbyTypeTables list as approved by the City Council on October 18, 1999. @) When the total number of food establishments in the Burlingame Avenue Commercial Area drops below forty (40) for a period of more than twelve (12) consecutive months, the City Planner shall report this to the Planning Commission and City Council. (C) When the total number of food establishments in the Broadway Commercial Area drops below twenty-thre e (23) for a period of more than twelve consecutive months, the City Planner shall report this to the Planning Commission and City Council. (10)An existing food establishment, including specialty shops, may be expanded at its existing location so long as the expansion does not increase the size of the seating area. (l l) A food establishment shall be deemed out ofbusiness when the premises is occupied by another business which is not a food establishment. (12) All food establishments shall complywith the following: 4t2412002 PageT 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 t6 17 18 t9 20 2l 22 23 24 25 26 27 28 t? (A) provide trash receptacle(s) at location(s) and of a design selected by the city; @) provide littercontrol along all frontages ofthe business and within fifty (50) feet ofall frontages of the business; (C) apply for a conditional use permit for delivery of prepared food from the premise; and (D) food sales from a window or any opening within ten (10) feet ofproperty line shall be prohibited. Section 5. This ordinance shall be published as required by law. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certiff that the foregoing ordinance was introduced at a regular meeting of the City Council held on the- day ot-,2002,andadoptedthereafterataregularmeetingoftheCityCouncilheldon the _ day of -,2002, bythe following vote: AYES: COt]NCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk C :\FILES\ORDINANC\condltusesb 92.pln.wpd t,i 412412002 Page 8 a ORDINANCE No. ORDINAI\CE OF THE CITY OF BURLINGAME AMENDING VARIOUS PROYISIONS OF THE ZONING CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR FIRST FLOOR OCCUPAI\CIES GREATER THAI\ A CERTAIN NUMBER OF SQUARE FEET IN THE BURLINGAME AVENUE AI{D BROADWAY COMMERCIAL AREAS AND TO PROVIDE A TWO.YEAR PERIOD FOR PLAI\NING APPROVALS WITH NO EXTENSIONS The CITY COLTNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section l. A. The Burlingame Avenue and Broadway Commercial Areas are the core retail centers of the City. The City is concerned that their vitality, small-town feel, and inviting pedestrian nature could be jeopardizedif large retail uses consume street frontage. This ordinance sets first floor, square-footage review lines to ensure that any larger proposal will serve the pedestrian ambiance of the Areas and will not worsen the traffic and parking issues in the Areas. The ordinance shall not be used against a particular occupant from locating its business in the Areas, but shall only be used to evaluate and limit the size and intensity of the proposed use. B. The ordinance also eliminates the one-year extension process for planning approvals. Instead, planning approvals will require that they be put to use within two years. There are no extensions of the approvals beyond the two years. Section 2. Subsection 25.16.130(a) is amended to read as follows: (a) Where a use is conditional upon the granting of a variance or the issuance of a conditional use permit or special permit, such use shall be commenced within a period of two (2) years from the date of the granting of the variance or the issuance of the conditional use permit or special permit. In the event that such use shall not have been so commenced within such period, there shall be no further extensions and such variance or permit shall become null and void. Section 3. Section 25.36.030 is amended to read as follows: 25.36.030 conditional uses requiring a conditional use permit. 4124t2002 Page 1 The following are conditional uses requiring a conditional use permit: (a) All permitted uses and all uses allowed with a conditional use permit in the R-1, R-2, R-3, and R-4 districts, and subject to the same regulations and restrictions applying to those uses in their respective districts, and subj ect to the building restrictions prescribed in sections 25 .36.060 and 25.04.080; (b) Public garages; (c) Gasoline service stations, subject to regulations prescribed in chapter 25.74; (d) Transportation terminal, depot, station ticket offices and anybuilding or structure used for the accommodation of passengers; (e) Parking lots, subject to the regulations prescribed herein; (f) Mortuaries; (g) Financial institutions; (h) Dry cleaning processing plants; (i) AnV structure that is more than thirty-five feet in height; 0 C-2 uses in the block described in section 25.36.035; (k) Certain grocery drug and department stores as described in section 25.36.036; (l) Drive-in services or take-out services associated with permitted uses; (m) Real estate; (n) In association with a church or other religious or nonprofit institution, provision of temporary shelter for homeless individuals or families, provided that the facility is located within a transportation corridor and the use does not occur continuously at any one location for more than six months of any twelve month period. (o) Tanning facilities; (p) Classes. (q) Other uses similar in character to those enumerated in this section or section 25 .36.020 which will not be obnoxious or detrimental to the neighborhood in which they are located. Section 4. Section 25.36.040 is amended to read as follows 412412002 Page 2 I 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 t7 l8 t9 20 2t 22 23 24 25 26 27 28 25.36.040 Burlingame Avenue Commercial Area and Broadway Commercial Area. (a) Permitted uses in the Burlingame Commercial Area. Only the following uses are permitted in subareas A and B of the Burlingame Avenue Commercial Area : (1) Subarea A: (A) Retail uses which achieve contiguous, pedestrian-oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory stationery, florists, household fumishings, and furniture. (B) Personal services, such as barber and beauty shops, photographic studios, shoe repair, (C) Above the first floor only: hotels; offices except health services, real estate and financial institutions; (2) Subarea B: (A) All uses permitted in Subarea A, (B) Nurseries, (C) Auto supply, (D) Offices except health service, and except as provided in subsection (b)(2)(E) below, (E) Computer programming and software equipment rental, (F) Schools, above the first floor only, (G) Floor covering, (H) Household appliances. (b\ Conditional uses in the Burlingame Avenue Commercial Area. The following uses are the onlyconditionaluses allowedin subareasA andB oftheBurlingameAvenue Commercial Area and shall require a conditional use permit: (1) Subarea A: (A) Instructional classes incidental to retail or service use, (B) Grocery stores and markets, (C) Gasoline service stations, (D) Schools, above the first floor only, which operate outside of retail hours, (E) Real estate and financial institutions above the first floor only, 4124/2002 Page 3 1 2 J 4 5 6 7 8 9 10 11 I2 l3 t4 15 T6 I7 18 t9 20 2l 22 23 24 25 26 27 28 (F) Public utility and public service buildings and facilities, (G) Laundry and dry cleaning agencies and processing plants, (H) Drive-in services or take-out services associated with permitted uses, (I) Food establishments; (J) A first floor of anybuilding or structure that has more than 6,000 gross square feet; (2) Subarea B: (A) All uses requiring a conditional use permit in Subarea A, except financial and real estate, (B) Pool halls, bowling alleys and other amusement uses, (C) Health services, (D) Residences above the first floor, (E) Real estate or financial institutions with frontage on Chapin Avenue, primrose Road, Donnelly Avenue or the west side of Lorton north of Donnelly Avenue, (F) Tanning facilities; (G) Food establishments; (c) Nonconforming uses in the Burlingame Avenue Commercial Area. Notwithstanding any contrary provisions of Chapter 25.50 of this code, nonconforming uses in the Burlingame Avenue Commercial Area shall terminate only upon the vacation of the premises by the use occupf ng said premises on October I , I 981 ; provided, however, such existing nonconforming uses shall be allowed to continue despite destruction by catastrophe or natural disaster of the existing structure, so long as the use occupying the space at the time of the catastrophe or natural disaster is the use retuming into the new structure. New uses in such structures must conform to the permitted and conditional uses for the appropriate subarea. (d) Vehicle parktng tn the Burlingame Avenue Commercial Area. Notwithstanding any other provision of this code, the following shall apply to vehicle parking requirements in the subareas A and B of the Burlingame Avenue commercial Area: (1) Uses permitted and existing on October l, 1981, shall be exempt from the parking requirements of this code. 4/24t2002 Page 4 1 2 J 4 5 6 7 8 9 t0 11 t2 13 l4 15 16 t7 18 19 20 2l 22 23 24 25 26 27 28 . (2) Businesses whose use becomes nonconforming as a result of the creation of this area shall be exempt from parking requirements until the vacation ofthe premises by the use occupying the premises on October 1, 1981. (3) Any new development, except reconstruction because of catastrophe or natural disaster, shall provide on-site parking, except that the first floor of such new development in subarea A shall be exempt from parking requirements if the first floor is used for retail or personal service uses. (4) Buildings reconstructed after catastrophe or natural disaster shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on site. (e) Conditional uses in the Broadway Commercial Area. In addition to the conditional uses allowed in C-1 districts, the following uses are only allowed in the Broadway Commercial Area pursuant to a conditional use permit: (1) A first floor of a building or structure that contains more than 5,000 gross square feet; (2) A food establishment. (f) Prohibited uses in the Broadway Commercial Area. In additionto the uses prohibited in C-l districts, the following uses are prohibited in the Broadway Commercial Area: (1) Financial institutions; (2) Health service and real estate; and (3) A1l other offices on the first floor. (4) Psychic services. (g) Food establishments in the Burlingame Avenue Commercial Area, Subarea A and Broadway Commercial Area. The provisions of this subsection shall only apply to food establishments in the Burlingame Avenue Commercial Area, Subarea A, and the Broadway Commercial Area. (1) In Subarea A of the Burlingame Avenue Commercial Area, the number of food establishments shall be limited to those existing and in business on November 1, 1998, and at the locations as shown on the Burlingame Avenue Commercial Area Subarea A Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999. A food establishment is a 4124t2002 Page 5 I 2 J 4 5 6 7 8 9 10 1l t2 13 t4 l5 t6 t7 t8 r9 20 2t 22 23 24 25 26 27 28 1 3 business as defined in Section 25.08.268 and shall be deemed in business if it was legally open for business as a food establishment to the public on November l, 1998. (2) In the Broadway Commercial Area, the number of food establishments shall be limited to those existing and in business on November 1, 1998, and at the locations as shown on the Broadway Commercial Area Food Establishments by Tlpe Tables approved by the City Council onOctober18,1999. AfoodestablishmentisabusinessasdefinedinSection25.0s.26Sandshall be deemed in business if it was legally open for business as a food establishment to the public on November l, 1998. (3) The seating area of the food establishments described in subsections (l) and (2) above as shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tlpe Tables approved by the City Council on October 18, 1999, above may be enlarged only by amendment to the applicable conditional use permit for the establishment. (4) A food establishment use classified as a full service restaurant by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables approved by the City Council on October 18, l999,may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit to the establishment. (5) A food establishment use classified as a limited food service bythe Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables approved by the City Council on October 18, 1999, may change its food establishment classification only to a full service restaurant or bar with approval of an amendment to the conditional use permit for the establishment. (6) A food establishment use classified as a bar by the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Tlpe Tables approved bythe CityCouncil on October 18, 1999,may change its food establishment classification onlyto a full service restaurant or a limited food service with approval of an amendment to the conditional use permit for the establishment. (7) A food establishment use classified as a specialty shop by the Burlingame Avenue 4t24t2002 Page 6 tirr 1 2 aJ 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 t7 18 t9 20 2I 22 23 24 25 26 27 28 Commercial Area Subarea A and Broadway Commercial Food Establishments by Tlpe Table approved by the City Council on October 1 8, 1999, shall be allowed to change to a different type of food establishment. A specialty shop may be replaced by another specialty shop at the same location within the same or less square footage. If a specialty shop is changed to any other classification the site shall not retum to specialty shop use. (8) A food establishment may be replaced by another food establishment of the same classification so long as the replacement business is ofthe same classification as that shown for the site on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables approved by the City Council on October 18, 1999, subject to the conditions of the existing conditional use permit, and it complies with the same conditions as in the existing conditional use permit. (9) No food establishment shall occupy a location not shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables as approved by the City Council on October 18, 1999. (A) Specialty shops shall not relocate to any other location on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishment by Type Tables list as approved by the City Council on October 18, 1999. (B) When the total number of food establishments in the Burlingame Avenue Commercial Area drops below forty (40) for a period of more than twelve (12) consecutive months, the City Planner shall report this to the Planning Commission and City Council. (C) When the total number of food establishments in the Broadway Commercial Area drops below twentythree (23) for a period of more than twelve consecutive months, the City Planner shall report this to the Planning Commission and City Council. (10)An existing food establishment, including specialty shops, may be expanded at its existing location so long as the expansion does not increase the size of the seating area. (11) A food establishment shall be deemed out ofbusiness when the premises is occupied by another business which is not a food establishment. (12) All food establishments shall comply with the following: 4t2412002 PageT lii 1 2 J 4 5 6 7 8 9 10 t1 l2 l3 t4 15 16 l7 l8 t9 20 2t 22 23 24 25 26 27 28 (A) provide trash receptacle(s) at location(s) and of a design selected by the city; (B) provide litter control along all frontages ofthe business and within fifty (50) feet of all frontages of the business; (C) apply for a conditional use permit for delivery ofprepared food from the premise; and (D) food sales from a window or any opening within ten ( I 0) feet of property line shall be prohibited. Section 5. This ordinance shall be published as required by law. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certiff that the foregoing ordinance was introduced at a regular meeting of the City Council held on the_ day of--,2002,andadoptedthereafterataregularmeetingoftheCityCouncilhe1don the _ day of _,2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk C :\FILES\ORDINANC\cond ltusesb92.pln.wpd 4124t2002 Page 8 STAFF REPORT HONORABLE MAYOR AND CITY COLINCIL NI.ay 1,2002 Rahn Becker, Assistant City Manager AGENDA ITEM # 5b MTG. DATE .t u a TO: BY BY A,.Ae4/L, DATE: FROM: SUBJECT: Broadway Area Business Improvement District - Setting 2002-2003 Assessments RECOMMENDATION: Hold hearing and consider resolution setting 20OZ-03 assessments. BACKGROUND: At your April l't meeting, you adopted a resolution of intention to set 2002-03 Broadw ay arcaBusiness Improvement District assessments, setting the May 6th meeting as the public hearing date. There are no changes proposed in boundaries, assessments or classifications. If therl is a protest Ly a majority of the value of the assessments to any of these items, the resolution cannot be approved. At the time of writing ttris memorandum, we have received no protests, although they may be presented in writing at the hearing. BUDGET IMPACT: Approximately $25,000 in assessments are collected annually with our business licenses. All of these funds are forwarded to the Broadway Improvement District foi improvements as authorized the BID Board of Directors. ATTACHMENTS: Resolution Exhibit A Exhibit B Annual Report and Budget e ---). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME E STABLI SHING 2OO2.2OO3 AS SESSMENT S FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the Broadway Area Business Improvement District has been established for the purpose of promoting economic revitalization and physical maintenance of said business districts; and WHEREAS, the Broadway Area Business Improvement District Advisory Board has requested the Burlingame City Council to establish 2002-2003 assessments for the improvement district; and WHEREAS, on April 1,2002,the City Council received and approved the annual report of the Broadway Area Business Improvement District Advisory Board; and WHEREAS, a public hearing on the proposed assessments was duly noticed for May 6, 2002, at 7:00 p.m. before the City Council of the City of Burlingame, at the Council Chambers at 501 Primrose Road, Burlingame, as required by State law; and WHEREAS, at the public hearing held at that place and time, the City Council recbived and considered all oral and written testimony from all interested persons; and WHEREAS, it appears that the "uo"rr, assessments should continue so that improvements and programs may continue in the District, and the activities and improvements are without substantial change from those previously established for the District. NOW, THEREFORE, the Cityof Burlingame does herebyresolve, determine, and find as follows: 1 1 . Written protests to assessments, improvements or activities were not received at those public hearings that constituted a majority as defined in Government Code sections 36500 and following. 2. The City Council does hereby levy an assessment for the 2002-2003 fiscal year on businesses in the District as described in City of Burlingame Ordinance No. 1461, to pay for improvements and activities of the District. 3. The types of improvements and activities to be funded bythe levy of assessments on businesses in the District are set forth in Exhibit "A", incorporated herein by reference 4. The method and basis for lelying the assessments on all businesses within the District are set forth in Exhibit "B", incorporated herein by reference. 5. New businesses shall not be exempt from assessment. MAYOR I, ANN T. MUSSO, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the day of 2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COLINCILMEMBERS: CITY CLERK 2 C :\FILES\BIDBRDWY\BIDBDWYres22002.RE2.wpd TO: STAFF REPORT AGENDA ITEM # 74 MTG. DATE 05.06.02 HONORABLE MAYOR AND CITY COUNCIL SUBlVtrTTED DATE:15.2002 APPROVED FROM:CITY SIIBIECT:FUTURE USE OT THE PROPERTY AT 301 AIRPORT RECOMMENDATION: City Council should consider the following alternatives and direct staff: a. Confirm present city policy and zoning and inform the property owner that a submittal requesting a land use not allowed by the present Bayfront/Anza Specific Area Plan is contrary to curent city policy; and would not be entertained at this time. Moreover, the current land use policy already allows a variety of land use choices on this site which gives the developer more than one opportunity to develop the site and still achieve the city's planning goals and benefits from the site and area. b. Have staffundertake studies to update the Bayfront Specific Area Plan, telling the applicant that it is welcome to participate in the update process and is welcome to apply for a project consistent with the amended plan after that process has been substantially completed; or c. Direct the applicant, at its expense, it may make application for a project which is inconsistent with the city policy as expressed in the General Plan and with the current zoning; however, the applicant wili need to fund preparation of an Bayfront/Anza SAP amendment and environmental doiument which would encompass entire Bayfront Specific Area Plan planning area and applicable zoning. While this plan amendment would include a land use not presently allowed within the Bayfront Specific Area Planning area, Council should note clearly in the record that preparation of this environmental document, amendment and proposed rezoning, even when brr"rr.., by city staff, does not bind the Planning Commission or Council's future action on the proposed Plan amendment, rezoning or any project design. BACKGROUND: In August zOOO,the city approved a proposal for a 488,000 SF office project at 301 Airport Blvd. The proposed use and its density were consistent with the BayfrontlAnza Area Specific Area Plan. The planning appiovals for the proposed development, including a day care center to serve area employees and residents oflne region with children with special needs, were granted an extension to August 7,2002. The applicant has given staffthe impression that the office project will not be built in part because of the present high uur-"y rate of existing class A office space in the county. If that is the case, then the planning approval will BY BY FUTT]RE USE OF THE PROPERTYAT 3Ol AIRPORT BOULEVARD MAY 6' 2OO2 expire on August T, zoozand development of that particular project in the future will be through the Planning review process as a new Project. The Bayfro ntlAnzaArea Specific Area Plan allows the 16 acre site at 301 Airport to be developed in a variety of uses: hotel at a maximum density of 65 rooms to the acre; restaurant (.15 FAR); commercial recreation; and offrce uses (.9 FAR) With the plan the applicant may build one or a combination of these uses on this site so long as the densiiy per acre oith. portion of the site designated for each use meets the requirement of the plan. ihe plan *6 d"rigned with thii flexibility of more than one use per site to enable developers to take advantage of the developme,irt cycles of various land uses and still comply with the city's development policy and revenue generation needs. In 1980 some uses were never envisioned to occur on the east side of 101 in Burlingame. Two key ones were retail sales uses (such as a shopping center or big box) and housing. Although revenue generating, major retail sales sites were thought to be inappropriate east of USl0l because of the volume of traffic such a use generates. Since access to the area is limited, such major traflic generators would make existing warehouse/offrce and uses less viable and could possibly devalue these properties. Residential land uses were prohibited east of US 101 for a variety of reasons: - residential development does not generate revenue to the city equal to the cost of providing services, infrastructure and their maintenance over time e.g. sewer, water, storm drain systems, sidewalks, streets, traffic signals, fire station, library, recreation, policing; - residential uses are not compatible with warehouse, warehouse office uses, light industrial (such a biotech and manufacturing) and destination uses such as large restaurants with bars and late evening hours and hotels which have periodically major events which exceed their on-site parking; and - residents in this area would be isolated from the "Burlingame community", its schools, downtown, civic center and its sense of place. Finally the Bayfront area was the only area of the city in 1981 that had large vacant parcels well separated from the more suburban oriented, neighborhood residential interests of the rest of the city. For this reason, east of US 101 was the prime place to look to build a future, enduring revenue base to support the aging residential and commercial areas which needed an infusion of capital support for continuation of their quality of life and neighborhood identity. East of US 101 provided a location where higher density non-residential uses with their traffrc, noise, vibration and trucks would not conflict with the day to day lives of the city's residents. Where each development would not raise aflag of dispute. Also where the close proximity of residential uses would not constrain the activities of businesses e.g. preclude the use of some hazardous materials necessary in certain types of businesses, restrict operating hours, noise and lighting levels, and signage. Expansion of the Bayfront/Anza Area Land Use Designations The BayfrontlAnza Area Specific Area Plan was adopted in 1981. Three aspects ofthe plan were unique. First the selection of land uses was based heavily on the area's potential as a revenue generator to support the existing quality of life in the rest of the city. Second, land use densities was based on the capacities of four critical roadway intersections serving this area of limited access. Third, there was no completion date anticipated for the plan. Rather the land uses were put in place with the expectation that at build out, whenever the market dictated that would occur, the community benefits would be achieved. A "he who waits gets the best" approach. 2 FUTARE USE OF THE PROPERTYAT 301 AIRPORT BOULEVARD May 6,2002 At the time the Bayfront/Anzaplanwas adopted the warehouse/offrce area between Bayshore Highway and US 101 was about lo-so%built out, the sanitary landfill was still receiving refuse and most of the Anza area was vacant land. Today the warehouse/office aiea is fully built out, the landfill has been closed and turned into a community.."r#io, and park facility and there are about 25 vacant acres and 13 developed but underused acres remaining to be ieveloped in the Bayfront/Anza SAP area. This acreage represents the only major vacant and underused parcels in the city' An underlying policy of the Bayfront/Anza Plan was that "development should yield a high revenue-to-cost ratio,,. With the deciine in property tax (Prop. 13), transient occupancy tax (on hotel rooms) has become the foremost revenue generatoifoithecity's general fund. Anticipating this in 1980, the plan proposed a holding capacrty for hotel ioo*, of 5,000. In 198b there were about 1200 rooms in the Bayfront/Arua Area. Since the adoption of the plan, eight hotels, with a total of 2500 rooms have been added. The city is at 76% of its planned 5000 hotel ioom holdin g capacity. There is enough vacant land reserved in the present plan to fill out ih. totul rooms to 5,000 because the plan includes incentives to hotel development (including an ample rooms per acre allowance) which have encouraged the development of hotel rooms in the northern Bayfront portion bf tn. area as well as in the Arza area. These incentives to hotel development in the SAP included: (1), guaranteeing that there would always be uncongested auto access; (2) , proximity and good access to the airport and iegional transportation (vastly expanded by the then unexpected extension of BART); (3), preservation o1 unobstructed views of and improved access along the San Francisco bay shoreline; (4), the pr.r.n.. of destination restaurants and offices to support an expanding hotel market; (5), proximity to an international airport without overflight noise and other physical impacts of the airport and alternate off- freeway access io insure eflicient guest pick-up and drop-off; and (6), careful management of land uses which could create conflicts with hotel uses. The substantial development and recent collapse of the office market which has caused a shift from demand from office oriented dot.com users to offrce/lab biotech users, raises the questionin2002 whether we should review the BayfrontlArza Specific Area Plan. In the mid-1980's, to encourage uses which generated less p.m. peak hour traflic to free up internal circulation, the BayfrontlAnza SAP was revised to allow a greater lfroi". among the designated uses on all the sites except those designated for hotel use. In the 1990's as the built out area between US 101 and Bayshore Highway began to redevelop in hotel and restaurant uses, we became aware that the design guidelines developed for bayfront properties didn't work so well for the landlocked locations between Bayshore Highway and US 101. In 2002 it looks like the building cycle for office will be very extended, a temporarily down economy is taking a toll on hotel occupancy and dot.com occupied warehouse/office buildings (class B and C office space) are vacant waiting new tenants. In this current climate, the "hot" development cycle is housing. Now the question arises again, what is best for Burlingame and what role does the Bayfro ntlAnza area play in that "best future" for the entire community. Options Staffrecommends that the answer to the question "what is best for Burlingame" should be addressed by Burlingame; it should not be forced on the city by a developer but directed by the city in the same way the decisiJn to promote hotel development of the 1980's and 1990's was considered and directed. The question is "how best to direct the future opportunity". There are some choices: Option A.: In 1980 the City undertook the planning, approved the BayfrontlAt:za SAP and has "stuck" to thi community principles (goals and policies) for twenty years. Perhaps those community principles have not changed. Ilthis is the case all developers east of US l0l should be directed to comply with the plan in place or ieek opportunities for their development elsewhere in the city where it is allowed by the General 3 FUTURE USE OF THE PROPERTYAT 30l AIRPORT BOULEVARD Mav 6' 2002 Plan. In Burlingame opportunities for all land uses exist. Based on our current Bayfront/Anza SAP, in most cases, developers and property owners have the choice of developing more than one use on their property. Moreover, as past development has proven, the densities allowed for each use are not only competitive but profitable. Therefore, land use east of US l0l is not constrained to the cycle of a single use. This option would have no fiscal impact or impact on applicant project processing time. Typical project processing time for a project consistent with the Bayfront/Anza Specific Area Plan is about 9 to 12 months. Option B: A second choice would be for the city to undertake immediately economic and traffic studies for the area east ofUS 101 to determine if there are some additional land uses which could be added to the BayfrontlAnza areawhich would be consistent with the guiding policies of the existing plan and which would also achieve the long term objectives of the City. Such an evaluation would involve a thorough existing land use study, review of the plan document including policies and objectives, economic and traflic studies, preparation of an updated project EI\ and a series of public meetings involving local property owners, tenants, Planning Commission and City Council members. The result would be amended to the general plan and the zoningin the area would be revised to fit the new policy guidelines and any added land uses. This option would cost the city money for consultants to assist staffand the SAP amendment would take about one year to complete. Following city approval of the amendment, processing a project which conforms to the plan would take 6 to 8 months, assuming no unique environmental issues. Option C: The third choice would be to indicate to developers and landowners east of US 101 that the city is aware that given the time that has passed and changes to the environment there may be reasons to review the current Bayfront/Anza SAP so that the city might entertain possible changes to the land uses and premises of the plan. If so encouraged, and developers applied for a project, they would be required to apply for an SAP/ general plan amendment and, if necessary a rezoning, for their property. The developers would, with city supervision and at the developers expense, pay to prepare general plan amendment and an environmental document on the amendment and project. At the conclusion of the planning worlq the general plan amendment, any necessary zoning changes, and the project would be presented together to the Planning Commission and Council for action. Local property owners, tenants and other affect"ileople would not be involved until the planning work was completed and presented as a part of the proposed project. Since the proposed changes may or may not be consistent with the community's objectives, they may or may not be approved by the city. Certainly the Planning Commission and City Council would not be bound in any way. This option would take stafftime but there would be no additional direct costs to the city. Project processing would be more complication and would probably take 12 to 18 months; that time could be extended by a controversial public hearing process. Conclusion It should be noted that the city has the obligation to provide property owners with the opportunity to use their land. This is accomplished through the general plan and zoning. The city does not have the right to preclude property owners from using their land through conflicting planning and zoning which obscures their rights. In the case of the Anza areathe allowed uses are very clear and, in most cases, the city has provided the property owners with the flexibility of more than one viable use of their property. The city does not have a obligation to make it possible for a property owner to build, at any point in time, what is in the property owners opinion "the highest and best use", e.g. most profitable use. Planning came about to manage these conflicting views between community need and the property owner/developer's maximum economic benefit. In fact city undertook the Bayfront/Anza area Specific Area Plan originally because then property owner/developer thought that the "best use" of the filled land was more tilt-up warehouse office buildings like those along Lang and Beach Roads and in the Bayshore-US 101 area. The City Council and residents at the 4 FUTURE USE OF THE PROPERTYAT 3Ol AIRPORT BOULEVARD MAY 6' 2002 time saw this new fill area as the last opportunity for growth in the city. Their conclusion was to plan to ensure that the future use of the u..u *ould compliment the existing land use in the city and would bring substantially more revenue into the city than it would cost to maintain the area and, atthe same time, expand the city,s economic base without impact on the existing residential neighborhoods and character. Fiscal Implications Option,4: supporting the existing Bayfront/Anza Specific Area Plan has no fiscal impact' OptionB: preiaration of background studies leading to a public review and possible amendment of the existing Bayfront/Anza Specific Area Plan would cost about $100,000 for consultant fees and use one staff plannei (fuli time equivalent) to prepare. Stafftime assumes SAP amendment only, project processing would follow separately. OptionC. Developer prepared BayfronVAnza SAP amendment with environmental report and project piocessing would cause no capital outlay by the city and would take one staffplanner (full time equivalent) to prepare. Attachments: Goals and Policy Section of the Bayfront/Anza Specific Area Plan, l98l 5 Fayn,b.lzN g,ac- hgEAeAll AREA PII\NJN€-6tsr frffi26815 PI-ANNINc coNSTDERATIoNS PLANNING CONSIDERATIONS This section identifies the factors that inlluence planning for the Bayfront. These factors include the city's goals for the are4 proposed development policies, jurisdictional and ownership constraints, as well as rmique opportunities for conservation and development. Other sigpificant factors- General Plan desipations, existing zoning regulations with Special permit requirements, and curent land use- are described in the Environmentat settiag section. GOALS f,'OR TIIE BAYTRONT Five major goals for the Ba5&ont were approved by the city council on Deceniber 6, r 97g. These goals evolved fiom the assumptions that development ofthe Bayftont in generaiand theAnza Area in particular should ernphasize tlose uses which best promote public-access and useof the shdrelinq that new development should be consistent with,the capaiitities ortne transportation and utility systems to provide an acceptable level ofservice to the waterfront areaand the rerraining portion of the city, and that Ba1&ont development should produce themaximum benefit ofrevenue to cost ratio to the city ofBurfnjarre. rh" go"l, th"i"r"lr"a from these assumptions are: l. Develo,pment shan be consistent with the capacity of the a jacent road syst€nt. 2. A specific pran shourd be selected which maximizes public access to the shoreline. 3. Development should yield a bigh revenue-to.cost ratio. 4- Guidelines and regulations should be adopted which will insure good quality development ' -- 5. Development should be visually attractive, pteasingu6th to those who work andvisit the areq and also to those who use the area for recreation. Two additional goals are proposd by this report: 6- Land uses in the Bayfront shourd be environmentalry consistent with, and supportive of, Burlingarne,s main function as a residential commrmity, and 7- Land uses in the Bayfront shourd reflect the special rocationar varue ofthe area:proximity to regional freeway and to the san irancisco Intemati<mal-a*p..t. City of Borlingam€sAP-17 Gc'lcrd Plan SPECIFIC AR.EA PI.JIN I PI-ANNING CONSIDERATIONS Shoreline Access Reserve sites closest to the shoreline for land uses which draw a large number of visitors (i.e., hotels aad restaurants). ProvideacontinuousuetwortofatEactiveandsafepedestrianandbicycleaccess along the shoreline and through the interior of the Anza Area' EncourageirnplementationoftheBurlingameZoningor,dinancerequir€,mentfora is-foot_iide snoretine stip; corsistent with the Bay Area Conservation and O"r"fop*."t Co.-ission@CDC) requirements for the provision of public access to the shoreline- Road System Included within the goals that the city council adopted for the Bayfront are a series of development policies. These policies are standards or principles which are to serve as a guide for development of the BaYfront. The Anza Aree and Anza Area Extension I 2 3 )) I Establish a desirable level ofservice for transportation facilities: a balairge u"r*oot.urr",olumesandroadcapacities.AdiscussionoflevelsofServiceis contained in Appendix A Traffc Analysis' Encourage low intensity developme'lrt or no dwelopment if transportation facilities-are not available for higher intensity land uses' 2.Identify 4propriate sites for developments which generate high volumes of trafrc at peak hours. 3 * Identif, improvements to increase road capacities to qT ve he uses proposed in the SAP. 4.Create a fiscal mechanism for sharing the costs of transportatior improveme'nB by private develoPers. 5 Revenues and Costs Brrlingameresidentshavebee,lrconcernedaboutthebalancebetweenrevenuesandcosts r",suttiig to_ devetop-eot ofthe Bayfront. since the Bayfront is relatively isolated m- tfrl rot of tn" City, it is possibte to iaentiry Uese costs and rsv€nues' The fiscal policies adopted by the City Council in 1979 for the Bayfront are:) City ofBudinganc SAP-I8 Gcntral Plan DEVELOPMENT POLICTES ) SPECIflC AREA PINN I 2 PLANNING CONSIDERATTONS Establish a high priority for development ofhotels and restaurants which would generate substantial revenues to the Citlr from room and sales taxes. Actively encourage major restaurant chains to locate in the area. Establish site standards for atbactive public improvanents to accompany hotel and restaurant constnrction. Reserve prime hotel md restaurant sites and preserve them from earty development for other land uses through the Specific Are4 plan land use designations. Visual Character The Anza Area l. Establish height and setback regulations for new developments. 2. Encourige site designs that improve the ap,pearance ofparking areas. 3. Encourageinte,nsivelandscaping. 4. Provide view corridors for views of the Bay and the Anza Lagoon both from within and outside the area. since the Bayfront is highty visible arom the Bayshore Freeway, it contn-butes to the region's image of the city ofBurlingarne. Because of the commercial importance ofvisibility, recent development has been constructed.in a wide variety ofarchitectural styles. The design ofdevelopments must be coordinated to protect the visual atEactiveness of the area and create a harmonious visual envirorment consistent with the image of the Burlingame community. The policies to achieve these aims are: The Northern Bavfront I Maintain existing buildings in present uses rmtil redevelopment is feasible. knprove some sheets to improve traffic flow in the area and to accommodate anticipated eaffic generated from firture dwelopment. Allow intenm low intensity land uses on avairable sites until regionar demand for high intensity uses grows. 2. 3 City ofBudinguac sAP-19 Gereal Plan 3. i SPECITIC AREA PI.AN PLANNING CONSIDERATIONS ACCESSIBILITY The Bayfront is strategically located in the mid-Peninsula area only 2 miles south of San Francisco Intemational Airport and adjacent to the Bayshore Freeway (u.S. Highway l0l), a major north-south connector. In addition, the arnenity ofthe adjacent Bay shoreline increases the desirability ofthe site particularly for hotels and restaurants. Altogether these locational characteristics suggest that the Bayfront will generate continuing development interest, particularly as a result of airport and ancillary facilities' expansion At the sarne time, as discussed in the Environmental Setting Section, Circulation, the Bayfront is severely constrained by lack ofdirect access to the Bayshore Freeway. Existing access is conftsing, particularly at the Broadway/Bayshore Freeway interchange. Moreover, although existing iltersections may provide acceptable levels ofservice, they would not provide sufficient capaci[ for fhe new development in the area that is being proposed by The Specific Area Plan, Section IV. NATURALAMEMTIES The Baytont's most striking amenity is iS location next to San Francisco Bay. In addition to ,i"*r, tt " rhor"line offers opportunities for recreational enjoyment of the Bay. views of the Bay from Airport Boulevard and Bayshore Highway, however, are limited by the flat ffigrany. the pote,ntial for pedestrian and bicycle access near the water has already been ,;;;iAas evidenced by thi inclusion in the General Plan open Space Element and"in the C- 4 zoiing desigrations ofa requirement for all private developers to provide an open space easement along the shoreline- EASEMENTS A pacific Gas and Electic company rightof-way, approximately l'4*feet widQ, n{s parallel and adjacent to the Bayshore Freeway in the Inner Lagool and_tidal slough. A series of pytons cabing nigh tension power lines is located in this right-of-way. (Exhibit E, Site Opportudties fld Comtraints.) JT'RISDICTIONAL CONSTRAINTS while the mtuat amenities at the Bayfront's edge and the Anza Lagoon represent opportunities, they alm involve constraints for the type and extent of developmelrt to be allowed by th1 larce ,umter ofregufating agencies with jurisdiction in the area. The Bayfront's location next to the shoreline is a particular concem of multiple jurisdictions which regulate shoreline activities in and along san Francisco Bay. Reviewing agencies which review city plans for conformance with theii own plans and regulations for the Bay include the following Federal, State, and regional agencies: ) City ofBurlingamc sAP-20 Gcneral Plan l Federal U.S. Departnent of the Army, Corps of Engineers U.S. Coast Guard National Marine Fisheries Service State Bay Conservation Development Commission @CDC) Califomia Departrnent of Fish & Game Califomia Departnent of Transportation (Caltrans) State Lands Commission State Water Quality Conhol Board Regional Association of Bay Area Govemments (ABAG) Bay Area Air Quality Management District @AAQMD) San Francisco Airports Commission U.S. Department of the Army Corps' of Engheers Under the 1972 Fed€ral Water Pollution Contol Act, the Corps of F.ngineers was assiped permit authority over all dredging and filling operations in all waters ofthe United States. This definition includes the San Francisco Bay up to the mean higher high water rnark and adjacent wetlands, swamFs- marshes, bogs, and similar areas. The Corps' principal concems are the impacts that dredging or filling would have on water quality and marhe life, €rosion potential, and water supplies. U.S. Coast Guard The U.S. Coast Guard has law enforcement authority for all navigable federal waters. This authority includes San Francisco Bay. National Marine Fisheries Service The Service, part of the U,S. Deputnent of Commercg rwiews development that requires a Corps of Engineers' permit to determine if such developme,lrt would be damaging to fish habitats. Bay Conservation Development Commission (BCDC) Of all the agencies with jurisdiction in the area, the agency with the greatest inlluence over the nature of the development il the waterfront area is the BCDC. Any development wirhin lfi) feet of the slroreline is within BCDC's juridiction For the Bayfront planning area this restriction represeirts approximately 30 percent of the land on the bay side of the freeway. One of BCDC's main concerns about any shoreline development is that it provide 'haximnrn feasible public aci:ess" to the shoreline. .The BCDC plm shows I l0 acres of the Bayfront reserved for'lriority shoreline uses". Such areas may include water-orimted commercial recreation and supporting activities such as restaurants and shops,. Another concern ofequal importance is the prohibition of fill in the Bay except for water-oriented activities. @xhibit F, Major Public and Private Ownership and Jurisdictions.) City of Burlingamc SAP-2I SPECIFIC ARDA PIJIN PLANNING CONSIDERATTONS I i Gacral Plan ffiiii,,irpiir, a. .tl G& =! I t" _'t l. rr xifr?us ;,J,I f, arl rl ll -I T PARTNERS,BURLI MESI.i" I T l suite H I I m2 aa U L I ''i 'a I i -Jrr I, tr , ,{ i ,!t lt '.. I LorOaloE, I I rrot' No ,ro?rir3 I ft --:f c:)AIRPORT BLVD (--r (:-f c.=:) CONCEPTUAL SITE PLAN BURLINGAME SHORES Burlingame, C alifornia ,rL.rs.T,gY. I Ro u.r:. il"cru .i.;* : n *tt^'-:'.:,if.* *;.::r'.+! >. tr o Ut) Uz &tr a ,.1 F]zz o N t4 Uz a . 3-4 STORY OVER(I)LEVELPARKING STRfICTURE - 3 STORY MOTORCOURT PRODUCT EMERGENCYACCESS DII(-- HOLISING PARTNERS. INC. I 4 I 9l Winchester Bvld . Suile H LosGalos CA 9501? KTCY NO 2002073 a -\ May 6,200?n tJ STAFF REPORT TOI HONORABLEMAYORAIIDCITYCOT]NCIL DArE: Anril28. 2002 FROM:Robert Iluman Resources AGENDA rTEM# MTG. I'ATE 7b 5-6-O2 APPROVEI' BY S[IEJECT: Introduce Ordinatrce to AmGtrd the Contract for Police Employe€s wlth the California Pubflc Employees' Retirement System (CaIPERS) and thc City of Burlingame RECOMMEIT'DATION: Staff recornrnends that the Council approve the Resolution of Intention to Approve an Amendment to the contract with the Califomia Public Enployees Retirement System. Staff also reconmends that the Council review the proposed Ordinance to amend the City of Burlingame's contract with the Califomia Public Errployees' Retirement System (CaIPERS). Both the Resolution of Intention and the proposed ordinance would amend the contract to provide Police enployees with the following benefrt enhancements: r Section 2 I 36 L7 - 3o/o @ 55 Formular Section 21024 - Milnary Service Credit for public Service. PuGuant to CaIPERS requirernents, the City Council must ryprove the Resolution of Intention and review the proposed ordinance that will be introduced for public hearing and adopion at the regular City Council meeting ofJune 3,2002. BACKGROUIT{D: r These enhancements were negotiated with the Police Officers' Association (POA) in this year's collective bargaining process. The labor agreement securing these benefit enhancements for the police Ofticers was approved by the City Council at the regular council meeting of March I g, 2002. The 3Yo @ 55 benefit enhancement is the same benefit awarded to the Fire unit in last year's negotiations. Th9 credit for military service was also awarded to Fire and miscellaneous enployees last yiar. This enhancement allows employees who have served in the military to "purchase" their military service creditwith CaIPERS and increase their years of service used in calculating their CaIPERS retir€ment. The cost to purchase the military credit is paid for by enrployees ard paid directly to CalpERS. l4rFJlg$rE i crrY SUBN{ITTED BY EUDSE-EEAEI: The change in the present value of benefits that the 3% @ 55 betrefit enhancement re.presents is $2,310,915. The increase in actuarial value of assets is $0.00. The change in the unfirnded accrued liability is $2,301,473. The change in the toal enployer rd,e is 7 .956Yo. Resolution Sample Ordinance Exhibit - Amendment to Contract SAEEMENTS: RESOLUTION NO. RESOLUTION OF INTENTION OT TI{E CITY COUNCIL OF TIIE CTTY OF BURLINGAMB APPROVINGA}I AMENDMENT TO CONTRACT BETWEEN TIM BOARD OF ADMINISTRATION CALTFORNIA PTJBLIC EMPLOYEES' RETIREMENT SYSTEM A}ID TIIE CITY OF BIJRLINGAME WEEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contracf, and sets forth the procedure by which said public agencies may elect to subject thenrselves and their enployees to amendments to said Iaw; and Wffi,REAS, one of the stepe in the procedures to arrend this contract is the adop,tion by the governing body of the public agency of a resolution grving notice of its intention to approve an anendment to said contracL which resolution shall contain a swrlnary ofthe change proposed in said contracq, and WIDREAS, the following is a statement of the proposed charrge: To provide Scstion 21363.1(3%@ 55 Full Fornmla); and Section 21024 (Military Service Credit as Public Service) for local police nrembers. NOW, TffiREFORE, IT IS RESOLVED that the governing body of the above agency does hereby give notice of intention to aprprove an anrendment to the contract between said public agency andthe Board of Administration of the Public Employees' Retirement Systerq a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. MAYOR I, AI.IN MUSSO, City Clerk ofthe City ofBurlinganrc, do hereby c€rtirythat the foregoing resolution was introduced * a regulr mecting of the City Council held on day of May 2002, and was adopted thereafter by the following vote: AYES: COIJNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS CITY CLERK 1 2 J 4 5 6 7 8 9 10 11 12 13 t4 15 16 t7 18 t9 20 2l 22 23 24 25 26 27 28 ORDINAI\CE NO. ORDINAITCE OF THE CITY OF BURLINGAME AUTHORIZING AMENDMENT TO CONTRACT BETWEEN THE CITY OF BURLINGAME AND THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO PROVIDE 3VO AT AGE 55 FORMULA AI\D MILITARY SERVICE CREDIT FOR LOCAL SAFETY OFFICER EMPLOYEE/}IEMBERS (POLICE) The City Council of the City of Burlingame ordains as follows: Section 1. Pursuant to the California Government Code and the Contract between the City of Burlingame and the California Public Employees Retirement System (CALPERS), the City wishes to amend its contract to provide for a 3o/o at age 55 formula (Gov't Code $ 21361.1) and military service credit (Gov't Code $ 21024) for local safety officer employees/members (Police). On May 6,2oo2,the City Council adopted a Resolution of Intention to consider this amendment at a duly noticed public hearing, and notice of that public hearing has been properly provided. Written comments and oral testimony of all interested persons have been considered. Section 2. The Amendment to Contract between the City of Burlingame and the Board of Administration, California Public Employees Retirement System is hereby authorized, a copy of this amendment is attached to this ordinance, marked Exhibit, and by such reference is made apart hereof as though herein set out in full. Section 3. The Mayor of the City of Burlingame is hereby authorized, empowered, and directed to execute this amendment for and on behalf of the City of Burlingame. Section 4. This ordinance shall be published as required by law and shall take effect thirty days after its adoption. Mayor I, ANN T. MUSSO, City Clerk ofthe City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the _ day of _, 2002, and adopted thereafter at a regular meeting of the City Council held on the _ day of _,2002, by the following vote: 1 1 2 aJ 4 5 6 7 8 9 10 11 T2 13 l4 15 16 T1 18 t9 20 2l 22 z3 24 25 26 27 28 AYES: COUNCILMEMBERS: NOES: COLINCILMEMBERS: ABSENT: COUNCILMEMBERS: C :\FILES\ORDINANC\calpersemn2.per.wpd City Clerk 2 CaIPERS EXHIBIT California Public Employees' Retirement System * ANITENDNITENT TO CONTRACT Be'tween the Boardl of Adlnministration Canilfornia trurhnic JEmpfloyees' R.etirement Systema andl the Ciry Councin Ciry of tsurningarmet The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1 , 1942, and witnessed July 6, 1942, and as amended effective February 1,1954, July 1, 1956, April 1, 1963, March 1,1964, April 1, 1965, March 16, 1967, November 1,1968, September 1, 1970, April 1,1973, May 1, 1974, November 1, 1974, February 20, 1975, July 1, 1976, August 16, 1976, May 1, 1979, December 1 , 1985, December 6, 1989, November 15, 1990, May 26, 1997 , December 12, 2000, November 1,2001 and December 30, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A.Paragraphs 1 through 13 are hereby stricken from said contract as executed effective December 30, 2001, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1 All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless othenryise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 55 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after July 1 , 1942 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 2 3 Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as localsafety members); Employees other than local safety members (herein referred to as miscellaneous members). local ln addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: PLAYGROUND LEADERS WHO ARE PAID ON AN HOURLY BASIS; POLICE CADETS, AND LIBRARY PAGES HIRED ON OR AFTER MARCH 16, 1967; AND b FIRE CADETS AND CROSSING GUARDS HIRED ON OR AFTER MAY 1, 1974. 5 The percentage of llnal compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 2'1363.1 of said Retirement Law (3% at age 55 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: Section 21573 (Third Level of 1959 Survivor Benerlts) for local miscellaneous members only. Section 21222.1 (One-Time 5% lncrease - 1970). Legislation repealed said Section effective January 1, 1980. Section 21222.2 (One-Time 5% lncrease - 197'l). Legislation repealed said Section effective January 1, 1980. a b c 4 a 6 Sections 21624, 21626 and 21628 (PoslRetirement Survivor Allowance) The percentage of flnal compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). Section 20425 ("Local Police Officef' shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). a. b. c. d. e. Section 21319 (One-Time 15% lncrease for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective Ja nuary 'l , 2002. Section 206'14, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From May 1, 1979 and until December 1, 1985, the normal local miscellaneous member contribution rate shall be 3.5% and local safety member contribution rate shall be 4.5%. Legislation repealed said Section effective September 29, '1980. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). Section 20042 (One-Year Final Compensation) Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only. L Section 21024 (Military Service Credit as Public Service), Statutes of 1976 Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on August '16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20434. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 2'1573 of said Retirement Law. (Subject to annual change.) ln addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. f s h k. a b Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) ln addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. 8. c.A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. lf more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the _ day of d 11. 12. BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest AMENDMENT PERS-CON-702A (Rev. 8\96) Clerk BOARD OF ADMINISTRATION CIry COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CIry OF BURLINGAME STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL April 24, 2OO2 PUBLIC WORKS AGENDA ITEM # MTG. DATE 7c 5t6to2 TO: DATE: FROM: SUBMITTED BY APPROVED BY SUBJECT: INTRODUCE AN ORDINANCE TO TNSTALL A STOP SIG ON SEBASTIAN DRIVE AT ARGUELLO DRIVE TO PROVIDE A THREE-WAY STOP INTERSECTION RECOMMENDATION: It is recommended that Council take the following actions for adopting an ordinance to install a stop sign on Sebastian Drive at Arguello Drive: 1. Request the City Clerk to read the title of the attached ordinance. 2. Waive further reading of the proposed ordinance. 3. Introduce the proposed ordinance. 4. Direct the City Clerk to publish a sunmary ofthe proposed ordinance at least five days before its proposed adoption. BACKGROUND: At their March l4,andApril I 1,2002 meetings, the Traffic, Safety and Parking Commission (TSPC) considered apetition from local residents requesting that stop signs be installed on all three legs ofthe tee intersection at Sebastian Drive and Arguello Drive. There was a concern by the residents that the crest on Arguello Drive near the intersection created sight distance problems for eastbound drivers. At their April 1 1, 2002meeting, the TSPC passed a motion recommending the installation of three-way stop signs at this tee intersection. Meeting notices were posted on barricade-mounted signs at the intersection, and the adjacent neighborhood was notified. There were no objections expressed at these meetings. STAFF ANALYSIS: Staff examined the intersection and determined that stop sign warrants were not met based on vehicular right of way, speed and accidents. However, due to a sharp cresting of Arguello Drive immediately east and adjacent to the intersection, the required stopping sight distance is not met for seeing smaller objects in the roadway at the 25 mph or the prima facie speed limit. As a result, staffrecommends that these stop signs be installed to improve safety. Although the existing ordinance already includes stop signs on the two Arguello Drive legs ofthe intersection, the signage was never installed since the area was developed. With Council approval of this amended ordinance, staff will be able to install signage at all three legs. BUDGET IMPACT: The cost of installing the three stop signs is estimated to be $500. There are sufficient funds available in the City's current maintenance budget for this work. EXHIBITS: Ordinance; Location map; Aerial Photographs; Public Notice to applicant and residents Petition and Letters from local residents; TSPC Minutes for Marchl4 and April I I,2002 Frank C. Erbacher, P.E. Asst. Public Works Director 650-558-7230 c: City Clerk, Police Department, Traffic, Safety and Parking Commission S:\A Public Works Directory\StaffReports\SebastianDr@ArguelloDr.3WayStopStaffi.pt.wpd I 2 3 4 5 6 7 8 9 10 ll t2 t3 t4 l5 t6 17 l8 t9 20 2t 22 Z) 24 25 26 27 28 ORDINANCE No. ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 13.20.010 FOR INSTALLATION OF STOP SIGN AT THE INTERSECTION OF SEBASTIAN DRIVE AT ARGUELLO DRIYE The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section l. The City has received a petition from residents of the Arguello Drive neighborhood seeking the placement of a stop sign at Sebastian Drive approaching Arguello Drive. The City Traffic, Safety and Parking Commission considered the petition and received testimony regarding the pedestrian needs and traffic problems in the area and recommended placement of a stop sign at this approach to the intersection. Section 2. Subsection 13.20.010(s) is amended to read as follows (s) SanchezAvenue approachingCortezAvenue; Sebastian Drive approaching Arguello Drive; Sebastian Drive approaching Frontera Way; Sebastian Drive approaching Mariposa Drive; Sebastian Drive approaching Trousdale Drive; Sequoia Avenue approaching Murchison Drive; Sequoia Avenue approaching Trousdale Drive; Skyline Boulevard approaching Trousdale Drive; S$view Drive approaching Skyline Boulevard; Stanton Road approaching Gilbreth Road; Summit Drive approaching El Prado Road; Summit Drive approaching Hillside Circle. Section 3. This ordinance shall be published as required by law. Mayor I 2 J 4 5 6 7 8 9 l0 11 t2 13 t4 15 T6 t7 18 t9 20 2l 22 23 24 25 26 27 28 I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the _ day of 2002, and adopted thereafter at a regular meeting of the City Council held on the_ day oL,2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COT]NCILMEMBERS: City Clerk C :\FILES\ORDINANC\stopsi gn20025.pwd.wpd a1gi1l't. ?. at.at?1 b \s -- grl tsoL \n 9t./, lVERA NN firu 7 R + 6\ ,'t.t, p t! rol o w t LLOL I a ?PI I "il A ,/DR lvE T I B U R ON A RGUE SEfglsnA,N PP.t /E Ar ABAUEUUo e"t{€ Z I no;8(fl ') )o APbh f Noi 11.l aa,, t @ (o a. @I s ta ,o tt 'ad t. a. 6o& aa sfAtL 1:trgFJ€tflAt '{o? It,ou @ o INtoI 32 .r'tl5 lO v55 )t ut &o U ' Sholt'n non?l' ' ,r,t'5D.bi R:.:r';:ll,,ri.j rU_e (l1 a Na-N (0(l -rBn 65 ,- No TUtoo 0r.4 5 co Ne aa NN Euo N$(\)(orI N NNoS oB$o rs8{BBBo tl iu NYOI{ PARr } t I ( I SEEASI./HN PFryE ^rAReuer.uo peryt rtt *7r' t- {l a l,€ 1 The City of Burlingame PUBLIC WORKS DEPARTMENT Tel:(65O1 558-7230 Fax:(650) 685-931O CITY HALL. 5O1 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 G,3997 CORPORATION YARD Tel:(65O1 558-7670 www TRAFFIC SAFETY AND PARKING COMMISSION MEETING 7:00 p.m., Thursday, April 11,2002 City Hall, Conference Room A, 501 Primrose Road The City of Burlingame received a request for 3-way stop signs at the intersection of Arguello Drive and Sebastian Drive. This item will be acknowledged at the next Traffic Commission meeting on April lI ,2002, at7:00 p.m. in Burlingame City Hall, 501 Primrose Road, lst Floor, Conference Room A. You are welcome to attend this meeting. At the meeting, attendees will have an opportunity to speak and comment on their concerns. Your attendance, however, is not required for the Commission to consider this matter. The Commission may choose to discuss and/or act on this request at this meeting. If you are unable to attend this meeting, you may submit your written comments to Traffic. Safetv and Parking Commission. 501 Primrose Road. Burlingame. CA 94010. Your written comments will be submitted to the Commission. If you have any questions or need additional information about this notice, please call Frank Erbacher at 650-558-7230. { ,5 NOTICE PUBLIC MEETING TO DISGUSS INSTALLATION OF 3-WAY STOP SIGNS AT INTERSECTION OF ARGUELLO DRIVE AND SEBASTIAN DRIVE Arguello Drive Stop Sign Petition H E E . Reduce danger from trlind spots and provide better visibili{y to drivers and pedestrians on Arguello AltD Sebastian Drives . Reduce danger to children playmg in sffeets near this intersection o Allow safer home driveway entranc,e and exit near intersection On March 14, 2002, the Burlingame Trffic Commission will meet to discuss traffic concerns at the intersection of Arguello & Sebastian Drives PLEASE PLAN TO ATTEND! Please sign below to indicate your support for a stop sign at the intersection of Arguello and Sebastian Drives! Signature Name Toka,, f. fonro.,r r&</7blZ<i3&'-iP<zj Qlct Address oP, t) /2B >9 rra e-r-. t( il L a /,,Ll, Stop Sign Needed To: 2t77 fl,,qu,-ll, L.. Arguello Drive stop Sign Petition .: Please sign below to indicate your support for a stop sign at the intersection of Arguello and Sebastian Drives! 2a 9Eh ol t\ Address l P-O. Po{ t(X, Budhgtsme. CA 94011 February 25,2002 Hornayoun Barekat Traffic/Associate Engineer The Crty of Budingarne 501 Primrme Road Burlingame, CA94010 Dear Mr. Barekat On behalf of Burlingame residents, ny wtfe and myself, please accept this tefrer as a request ficr a haffic review athe lntersedftxt of Arguello ard Sebastian Drive in Budingane. As resirJentsrrvtro live near this intersectftrn, we believe hat a 3ryay stop sQn b required due to significant blind spob that exist Our rnain conem is the fad that here are rrc stop signs at this intersectirrn. The danger of an accident b irrcreasing re the number of cftildten playtng in frre sheet increases. Drivers enbr the intemedinn wffioti the attifity to see orer the crest of tre hi[ on Argueflo Ddve. Drivers also wtrip around he coner on Sebastian Drtve wittout rE ard for someone crossing frE sfreet Additionally, since the baffic has increased on Argueflo Drivg it b rnore dangeror.rs than ever to pull out of our drivalays due b the blind spots coming orerthe hill on Arguetlo Drive. We are also requesting that broken refletrrdots be replaoed on Arguelb Drive. Please advise if here is a fcrm orpeffiion b be completed brhis request I plan to atend he haffic commission rneeting on March 14" and speakon behalf of the concemed neighbors. I can be contacted at (650) 697-5461. Respectftrlly, John E Roman )4 7, March 10,2002 TRAFFIC SAFETY A}.TD PARKING COMMISSION MEE-II}.IG City llall Con&renccRoom A Prirnos Rood Burlingarr, CA REGARDING NOTICE FOR 3.WAY STOP SIGN AT INTERSECTION OF ARGT'ELLO DRIVE AND SEBA.STIAT.I DRIVE THIS STOP SIGN IS LONG OVER DI,.IE- WE HAVE SMALL CHILDREN IN TTIE AREA WHO CON}.IOT GO OUTSIDE TO PLAY. I LIVE ON T}IE CORNER OF SEBASTIA}.I A}.ID ARGT,,ELLO DRJVE A}.ID I HAVE TO BE VERY VERY CAREFI,.IL BACKING OUT OF MY GARAGE OR PULIJNG INTO MY GARAGE FOR TEAROF BEI}.iG HIT FROM I,IPWARDAND DOWNWARD ARGI,ELLO TRAIIFIC. LATELY THIS IIAS BECOME ASPEEDIYAY_ESPECIALLY FRIDAYNIGHTS. ALSO, IIIE TEMPLE ACROSS THE STREET HAS A DAY SCH@L AND ARELIGIOUS SCHOOL WHICH THE CHILDREN EITHER WALKTO OR. GO OUT SIDE FOR ACIIWIIES. WE ALSO TIAVE A SEMOR FOPI,'LATION WTIO ENJOY WALKING WITH THEIR DOGS. TIIIS TOO IIAS BECOiVIE VERY RISKY FOR TIIEM AtrID THE AI.IIMALS. PLEASE CONSIDER OtiR REQt EST. OUR FEAR IS WHEN BART BECOMES PART OF OUR COMMI,]MTY,THIS SITUATION, ASWELLASTROUSDALE,WILLBECOME VERY SERIOUS FORALL OF US. SINCERELY, ANN.MA&I&[&,AI.ID I@.$EBASTIANDRIVE BTB,LINGAME, CA 9,IOIO -,-61N92-3s6t' "=i.aiiland @yahoo.come'- PS I am tte original owrerand rcsidc htre- t,r"1 IIAR 1 4 m02 EVIEGE DEPT. OI cnv 0t My name is Mary Cotter. I live at 2847 Arguello Drive. My home is right at the intersection of Arguello & Sebastian. This location is on the crest of a hill. Sometimes people drive right through @ speeds of 45 to 5O miles per hour with little no clear view ahead of them. Kids play in the neighborhood. They ride their bikes and rollerblade in the streets. It is entirely possible that some child could be seriously injured or possible die because of unsafe drivers. A three way stop sign is needed at this intersection for our safety and the safety of our children. 4v,t ( TRAFFIG, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, March 14, 2002 driveway with a good view of cross traffic which tends to move at over 35 mph. Also, a second red zone needs repainting. Officer Tamura advised that Rollins Road is now on selective enforcement due to this request Mr. Erbacher advised that the City will notice the neighborhood of this request for the next meeting. 5.2 L3O9 North Carolan Avenue - Request for Red Zone The petitioner was not present. 5.3 Arguello Drive and Sebastian Drive - Request for 3-Way Stop Signs Mr. Roman submitted a signed petition for this request. He stated that there are numerous blind spots for drivers accessing this intersection which is a hazard for the neighborhood children and for cars backing out of their driveways at this site. Also, there has been an increase in school traffic for the Franklin School. Ms. Cotter stated her home is at this intersection which is on the crest of a hill; and with the police upping their enforcement on Trousdale, more drivers are using Arguello now. Accessing her driveway is becoming more hazardous. Mr. Barekat advised that the centerline needs to be replaced and he will request it. Comm. Cohen asked if the increased traffic is due to the temple nearby. Mr. Roman stated no, it's due to avoidance now of Trousdale and increased school traffic. 5.4 Dwight Road at kxington Way - Request for Stop Sign Ms. Castello complained of speeders on Dwight Road. One driver went so fast, she crashed into her front yard tree to avoid hitting an on-coming car. She feels a stop sign would slow down drivers. Mr. Barekat advised that there are existing Yield signs at this intersection. 5.5 Petition from Bayswater & Howard residents requesting a traffic study of the area to determine whether traffic-cahning measures are warranted Officer Tamura submitted their Selective Enforcement resllts which showed 15 citations issued and three warnings. 5.6 Howard Avenue - Speed and Trucks (e-mail) 5.7 1300 Block of Vancouver Avenue - Speed Concerns (petition) Mr. Mufloz stated he lives on the 1400 block where the number of parked cars allows only one driving lane so drivers go slow. Chair Mclver stated that construction ffucks are a problem, too. The City of Budingame Page 5 TRAFFIC, SAFEW AND PARKING COIUTISSIOTT Meeting Minutes - Unapproved Thursday, Apnl11,2OO2 @,petitioner, Mr. Roman, with increased traffic from hazardous intersection. 4.2.5 Arguello D:ive and Sebastian Drive - Request for 3-Way Stop Signs : . , reiterated thal thery are ntimerous blind spots atthiS inte tion; and Trousdale Drive and elementary sfidents walfqng,tO schobl, it is a Mr. Erbacher adrrised that a bush at the conpr of fhe temple.properfy needs -Lmming and he will follow up on getting that done. He recomm.qids approval of this request bwause of a site distance problem atthis intersection. Sgt. Cutler stated she agrees wittrthis recommendation. It was moved .ar{ secooded (Comms. Evans/Ivlayer) to recommed to C-ourcil to install a 3-way Stop srgq at intersection. Unanimously approved by the Commission. Mr. Erbacher advised that staff notice the neighborhood iot tU" Courrcit actionmeeting. i ' "" 4-2.6 Dwight Road at kxington Way - R"qUert for Stop Sign , , , ,i Mr. Erbacter advised that the percentile speed is at 30 mph, some of ttre traffic was at 3J-38.ryh. He stated that he will be working with the petitioner lookiqg at trafEc-calming techniques to slow down the traffic. He also recommended adding qpeed limit signage. Officer lr/itt waq.present and stated that the accident at this site was a freak accident and that most of the traffic travels at just this will under 30 mph. E-nforcement is dfficult srrye it is not inctuded in thg Speed Survey. iecommended enforcement and education. Mr. Erbachiir adiised thit he is mCeting with petitioner tomorrow. This item will remain as an Acknowledgment Item. 4.2.7 2415 Adeline Drive - I-etter regarding Traffic Concerns related to Sisters of Mercy Locale';i i The reSident stated drivers are straddling the ceriterline and is conceined about.safety since there have been several accidents and many near-acciients. Offrcer.Witt advised'th"t''*h"r.'the road bends it is somewhat deceptive and the lane appears narrower. He also stated that,drivers who straddle centerlines are citable if it occurswithin 100 feet of an intersection Comi'..Mayer skted that this is a police issue, and they have been advised. Mr. Erbacher stated fie would tnot tl" Vehicle Code for sections that do allow citations. 5. ACKNOWLEDGMENT OF NEW ITEMS. 5.1 Increased Traffic on Trousdale Drive due to Millbrae BART Statiol Openi"E Mf , Erbacher advised that this petitioner is just sharing his thoughts on thc sqbject. No action required. 5.2 Request to change 2-Hour Parking Spaces to 20-Minute Spaces on East Side of 1800 Block of. Magnolia Avenue The petitioner stated that since the yoga site opened, yoga students use the 11 parking spaces in front of their stores for two hours at a time. The small businesses on this block'live and die by their customer's ability to park close to the business; so they are asking that the time limi[ for the 11 parking . The City of Burtugame Page 5 He the STAFF REPORT AGENDA ITEM # TO: DATE: FROM: SUBJECT: 7d, MTG. DATE 5t6to2 HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BYApril 24, 2OO2 APPROVED PUBLIC WORKS BY INTRODUCE AN ORDINANCE DELETING ONE-HOUR PARKING AND ESTABLISHING TWO- HOUR PARKING, THE EAST SIDE OF CAROLAN AVENUE FROM CADILLAC WAY TO BROADWAY RECOMMENDATIONS: It is recommended that the Council take the following actions for adopting an ordinance to establish two-hour parking (8 a.m. to 6 p.m. on any day except Sundays and holidays) on the east side of Carolan Avenue from Cadillac Way to Broadway and deleting the existing one-hour parking ordinance at this location by 1. Requesting the City Clerk to read the title of the attached ordinance.2. Waiving further reading of the proposed ordinance.3. Introducing the proposed ordinance.4. Directing the City Clerk to publish a summary of the proposed ordinance at least five days before its proposed adoption. BACKGROUND: AttheirmeetingsofMarch14andAprilll,2002,theTraffic,SafetyandParkingCommission (TSPC) considered a request from Mr. Mike Harvey to place two hour parking on Carolan Avenue adjacent to his business at 1 100 Carolan Avenue. At their April I l, 2002meeting, the TSPC passed a motion recommending that 2-hour parking signs be placed at this location. A public notice of the TSPC meetings was sent to the adjaceniauto businesses, and no objections were received. DISCUSSION: Mr. Harvey stated that his business has the need for curb-enforced tumover curb parking every two hours. He hasjust completed reworking a portion of the frontage allowing for two added parking spaces due to driveway closures. The area is posted in error for two-hour parking, as the existing ordinance states one hour. BUDGET IMPACT: The cost of installing additional new Two-Hour Parking signs and replacing one existing sign is estimated to be $500. There are sufficient funds available in the City's current maintenance budget for thii work. EXHIBITS: Ordinance; Location Map; Aerial Photo; Copy ofNotice Sent TSPC Minutes for March 14 and April I1,2002 C. Erbacher, P.E. Asst. Public Works Director 6s0-558-7230 cc: City Clerk, Police Department, Traffic, Safety and Parking Commission Mr. Mike Harvey S:\A Public Works Directory\Staff Reports\Carolan ave 2-Hr Parking Cadillac to Broadway 5-6-02.wpd I 2 J 4 5 6 7 8 9 l0 l1 t2 13 t4 15 l6 t7 18 t9 20 21 22 23 24 25 26 27 28 ORDINANCE No. ORDINANCE OF THE CITY OF BURLINGAME CHANGING THE PARKING LIMIT ON NORTH CAROLAN AVENUE BETWEEN CADILLAC WAY AND BROADWAY FROM ONE HOUR TO TWO HOURS The CITY COLTNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section I . The business and property owner adjacent to the area on North Carolan Avenue between Cadillac Way and Broadway has requested that the time limit be changed from one hour to two hours to better accommodate business uses in the area. The Traffic, Safety and Parking Commission has recommended approval of this change. Section 2. Section 13.36.030 is amended to read as follows: 13.36.030 One-hourparking. Except where prohibited or otherwise designated for shorter term time periods, it is unlawful 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: (1) Broadway from El Camino Real to California Drive; (2) Burlingame Avenue, from California Drive to El Camino Real; (3) Califomia Drive, west side, from Douglas to Bellevue Avenue and from Carmelita Avenue to Broadway; (a) ----<5) Ingold Road, north side, 48 feet west from the curb return of Rollins Road to 128 feet west from that same curb return. Section 2. Section 13.36.040 is amended to read as follows: 13.36.040 Two-hourparking. It is unlawful for the driver of any vehicle to park such vehicle, unless elsewhere in this title otherwise provided, for a longer period than two hours between the hours designated any day, 1 1 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 16 t7 18 t9 20 2l 22 23 24 25 26 27 28 excepting Sundays and holidays, upon any part of the following streets, or portions of streets: (a) Eight a.m. to six P.m.: (1) Adrian Road, west side, one hundred fifty-five feet southerly from the southeast end of the curb return of David Road. (2) Anita Road, west side, from Peninsula Avenue one hundred and forty-five feet north toward Bayswater Avenue; (3) Bayswater Avenue from El Camino Real to Park Road; south side, from California Drive to the Southern Pacific Railroad right of way; (4) Bellevue Avenue, except the south side from Primrose Road to Almer Road; (5) Burlingame Avenue, from Myrtle to Carolan Avenue; south side from Occidental to El Camino Real; (6) California Drive, west side, from Carmelita Avenue to three hundred feet south of Sanchez Avenue; from Burlingame Avenue to Peninsula Avenue; from Oak Grove Avenue 400 feet northwards to 755 California Drive, except areas designated for thirty minute parking; (7) Capuchino Avenue from four hundred feet southerly to four hundred ninety-five feet northerly of the centerline of Broadway; (8) Carmelita Avenue, south side, from El Camino Real to Chula Vista Avenue; (9) Carolan Avenue, west side, from Oak Grove Avenue to Burlingame Avenue; east side, from one hundred feet northerly of Toyon Drive to four hundred sixty feet northerly of Toyon Drive; and east side, from Cadillac Way to Broadway; (10) Chapin Avenue, from Chapin Lane to El Camino Real; ( 1 1 ) Chula Vista Avenue from the centerline ofBroadway to four hundred ten feet southerly of the centerline of Broadway; (12) Douglas Avenue; (13) East Lane, east side, from Burlingame Avenue to Howard Avenue; (14) El Camino Real service road between Dufferin Avenue and Murchison Drive; (15) Howard Avenue, south side, from Crescent Avenue to El Camino Real and from Primrose Road to the Southern Pacific Railroad right of way; north side from Primrose Road to 2 I 2 J 4 5 6 7 8 9 10 11 t2 13 t4 l5 16 t7 18 t9 20 2t 22 23 24 25 26 27 28 Highland Avenue; (16) Laguna Avenue from two hundred eighty feet southerly to five hundred ten feet northerly of the centerline of Broadway; ( 1 7) Lorton Avenue, west side, from Bayswater Avenue to Howard Avenue; east side, from Howard Avenue one hundred twenty feet south toward Bayswater and forty feet north toward Burlingame Avenue; (18) Magnolia, west side, from Trousdale Drive toPlazalane; (19) Occidental Avenue, from El Camino Real to Ralston Avenue; (20) Paloma Avenue from three hundred ten feet southerly to one hundred thirty feet northerly of the centerline of Broadway; (21) Park Road, except the west side, from Howard Avenue to Bayswater Avenue; (22)Pnmrose Road, west side, from Howard Avenue to El Camino Real; (23) Ralston Avenue, from Occidental Avenue to El Camino Real; (24) Rollins Road from ninety feet northerly of Toyon Drive to four hundred sixty feet northerly of Toyon Drive; (25) South Lane, both sides; (26) Trousdale Drive, north side, from the curb return of Trousdale Drive and California Drive to ninety feet west of said curb return. (b) Nine a.m. and four p.m.: (1) Carmelita Avenue, north side, between Chula Vista Avenue and El Camino Real; (2) Magnolia Avenue, east side. Section 4 This ordinance shall be published as required by law. Mayor I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the _ day 3 1 2 aJ 4 5 6 7 8 9 10 11 t2 13 t4 15 16 t7 18 19 20 2t 22 23 24 25 26 27 28 of_,2002, and adopted thereafter at a regular meeting of the City Council held on the-day of--,2002, bythe following vote: AYES: COLTNCILMEMBERS: COFFEY, GALLIGAN, O,MAHONY, SPINELLI NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS: JANNEY City Clerk 4 C :\FILES\ORDINANC\PARI(ZON5.wpd ar* o. 3 ,ac, 8Ay SHORE /r&sl s. Y.too.? 5 t.s9,<,. Pn yorg ?G,, PAn d N N loro.F -t $Fr{t d\'It\ t@ ?AR T Pnvct. ?G L' o.n-rc p@/s./J Io //oo s s$s d€Ac. o.76 ac. ,od s togl io oE % lo'rtOPARCEL' P u yol.tt, Ft, l.) 2N.+ ---\ Bo L Ll rt9 '26 {o.tzz k) Pra yol.ltrt?ta FARCEL : loll caotllAc/ /a/1,ROLLIilS RD. lO,// Ctott*< 6o' = (, Jo (, N fo25 Cao,..e. lo$ A4..a. toro /o& lo, C AROLA N SOUTHERX P rFl RAI CITY A COUNTY OF S CALIFORNIA T Eb fi-3 \ I L ( s a2'2a'E 6tl5 90 (o.st R06 &) 'op50 o.2t Ac. l I € The City of Barltngame PUBLIC WORKS DEPARTMENT Tel:(65O) 558-7230 Fax:(65O1 685-931O CITY HALL - 5O1 PRIMROSE ROAD BURLINGAME. CALIFORNIA 9401 0-3997 CORPORATION YARD Tel:(65O) 558-7670 www. The City of Burlingame received a request for 2-hour parking spaces along the new curbing at 1100 Carolan Avenue. This item will be a Discussion Item at the next Traffic Commission meeting on April I l, 2002, at 7:00 p.m. in Burlingame City Hall, 501 Primrose Road, lst Floor, Conference Room A. You are welcome to attend this meeting. At the meeting, attendees will have an opportunity to speak and comment on their concerns. Your attendance, however, is not required for the Commission to consider this matter. The Commission may choose to discuss and/or act on this request at this meeting. If you are unable to attend this meeting, you may submit your written comments to Traffic. Safety and Parking Commission. 501 Primrose Road. Burlingame. CA 94010. Your wriffen comments will be submiued to the Commission. If you have any questions or need additional information about this notice, please call Frank Erbacher at 650-558-7230. L NOTICE PUBLIC MEETING TO DISCUSS INSTALLATION OF 2-HOUR PARKING AT {1OO CAROLAN AVENUE +,1- TRAFFIC SAFEW AND PARKING COMMISSION MEETING 7:00 p.m., Thursday, April 11,2002 City Hall, Gonference Room A, 501 Primrose Road TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, March 14, 2002 Mr. Peters observed lot use and number of drop offs on various days:2115, 7 cars in the lot, 49 cars dropped off; 2118,7 cars in the lot, 3 on Peninsult; 2119, 44 carc dropped off, 4 on Peninsula; 2120, M cars picked up, 5 cars on Peninsula, spaces available in lot. Believes owner should asphalt dirt area in lot and re-stripe making 12 spaces. This would make a green zone on Bloomfield unnecessary. At 5:15 p.m. there are cars parking on westbound Peninsula across from the restaurants a few blocks eastward, and there's no safety issue there. Even with a green zone on Bloomfield, people will park on Peninsula. Parking in the evening on the San Mateo side is available. Ms. Richardson measured the school's lot which is 32' wide by 50' long; and with space needed for cars to back up, no more spaces can be added. The owner stated that there is no need to asphalt the dirt area because parents already use that area anyway. She has 68 kids in school being dropped offand picked up everyday. Ms. McCleary asked if traffic safety overrides school safety. She has noticed that traffic on Peninsula has increased in the last 10 years; and feels, we must compromise. She likes the green zone on Bloomfield with time limitation. Even though cars will stop and wait to circle for space on Bloomfield, residents should use their own driveways and garages rather than the City street for parking. Ms. Abbey stated the residents have a right to have parking spaces available on their sffeet for visitors. Mr. Erbacher advised that if a green zone is installed on Bloomfield, it would be timed for the peak period. The centerline on Peninsula may be able to be moved by making the curb lane 12 feet wide and the other lane 10 feet wide. Mr. Barekat suggested the possibility of a special meeting for this issue be held before the regular April meeting since we have no quorum this evening. 4.2 DISCUSSION ITEMS. 4.2.1 l24A Paloma Avenue - ktter regarding Blue Handicapped Zone The petitioner was present and stated that they have a two-car garage for their two cars; but her husband's work truck is too long for the driveway. He is permanenfly disabled, so they're asking for a blue zone close to their house so he doesn't have to walk far after work every night. They noticed that there is a blue zone also on the 1300 block of Paloma. 4.2.2 1100 Carolan - l.etter regarding maintaining existing 2-hour parking and adding 2-hour parking along new curbing Petitioner was not present. ACKNOWLEDGMENT OF NEW ITEMS. Joe Cowan of the SFPUC stated that an employee at another site was killed when struck by a car while exiting that site's driveway. This site was surveyed and they determined that they need an extension of one existing red zone to eliminate parking near the driveway which would facilitate exiting the 5 5.1 1657 Rollins Road - Request for Red Zone Extension The City of Builingame Page 4 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April 11, 2OA:2 1. CALL TO ORDER. 7:00 p.m. by Chair Mclver. 2. PLEDGE OF ATIEGTANCE TO THE FI-AG: 3. ROLL CALL: 5 of 5 Cornmissioners present. 4. CI]RRENTBUSINESS. 4.1 ACTION ITEMS. i , " .a 4 . I . I Minutes for February 14 , zC/|)z,were submitted and approved. Minutes for March 14 , Z0O2 'were submitted for record purposes only since there was no quorum for this meeting. 4.1.2 l7l0 Trousdale Drive - Red Cross requests Relocation of Existing Green Zane Mr. Erbacher advised that the petitioner had changed their request ftom a red zone torelocation of 'the green zone which has been completed. 4,1.3 Installation of a'Green Zone on'Bloomfietrd Road north of Peninsula Avenue Tlre preschool owner obtained a copy of a blueprint of the property which indicates that the property next door at 710 Peninsula Avenue is part of their parking area; and since the residents will be moving out in a month, the preschool will not need a green zone at all and withdrew this request. 4.2 DISCUSSION MEMS. 4.2.1 1240 Paloma Avenue - lrtter regarding BIue Handicapped Zrrre Mr. Erbacher had measured:the site,ad there"is {imited parking in the driveway. The resident could drive to his parked tnrck or modiry fire garage to accommodate more space. Comm. Mayer zuggested the resident could park his truck crosswise in the driveway, too.,This will be continued to next month since the eetili:y *ur oT present to submit testimony. 4.2.2 ll00 Carolan' Irtter regarding maintaining existing 2-hour parking and adding 2-hour parking along new curbing ,i i Petitioner, Mike Harvey, stated,2-hour prirking signage exists now but it is unenforced; ad local ernployees park dl da5r there. They need parking availability for theircustomers. New curbing has been added with the new construction which allows more parking spaoes, especially if Carolan Aveme northbound lanes were narrowed just south of Broadway. Sgt. Cutler advised that the parking limit is not properly signed so they cannot iszue tickets. Mr. Erbacher advistid that two parking spaces could be added; and it should be a two-hour limit, but an ordinance is reded to effect the 2-hour limit. It was moved and seconded (Comms. MayerlEvans) to move this to an Aetion item immediately. Unanimously approved by the Commission. It was then moved ad The City d Builingame Page 3 TRAFFIC, SAFETY AND PARKING COMMISS]ON Meeting Minutes - UnaPProved Thursday, April 11, 2042 seconded (Comms. Mayer/Evans) to recommend to Council to effect a 2-hour parking limit ard install proper signage. Unanimously approvd by the Commission; Mr.'Erbacher advised that the ordinance will be introduced at the May 6e Council meeting- petitioner, Mr. Cowan, stated they have 30 vehicles, and cars parked to the left of their driv.eways block their site when exiting. Their health and safety organization evaluated the site and requested . the existing red zones be extendd the full length of the block, especially since Rollins,Road traffic moves faster than ttre prosted 35 mph. Mr. Cowan requestd that their healttl and safety organization tre able to affend the meeting next month to make a formal presentation. . :,. Mr. Erbacher advised that most driveways along Pollins Road have a 7O-foot red zone on the left side enabling good visibility in exiting. This site doesn't have a continuous red zone. he south driveway nur tt" biggest problem when trucks p.ark to,the left and somc e'venuse the red zone to park. It was moved and seconded (Comms. Evans/Mayer) to move this item to an Action item immediately. Unanimously approved by the Cornmission- This will be an Action Item next month. 4.2.4 1309 North Carolan.Avenue - Request for Red or,Yrcllow Zone at Rear of 1305 and 1309 Rollins Road The petitioner, Mr. Wong, stated there is an alley betrreen 13@ and 1313 Rollins ard he has trucft/trailers 63 feet long which have trouble turning into tlre il"y; so adding a yellow zone would make it easier for them to pull in and out. From the floor,,ffiznxgs1of 1309 Rollins Road stated he has six spaces for his customers so his six employees park elsewhere. He disagrees with removal of parking spaces. tlanager of 1307 Rotlins Road sta.ted they need spaces for employee parking. Manager of 1331 Rollins Road submitted a written note disagreeing with adding a red or yek* zone. The original. developer of tbe prolffiy, 1305-1331 Rollitrs Road, explaid that Arcre are six businesses sharing this.site with 381rarki4g spaoes on site aud an average of 25-30 employees. He estimates that there are,100 customers a day, He fels that a red ol yellow zone causing the loss of three or four spaces would be very bad ard r,wommends denial of request. Manager of 1335 Rollins Road stated parkiog is a problem now and to eliminate spaces to accopmodate semi-s is wrong. Mr. Wong stated he neds two spaces ard that tlvo gars tave been left parked there for a long time. ..., Comm. Evans wants to visit the,site beforc he discusses the reqrrgst'. This will be a Discussion It€m next month. Mr. Erbacher advised thatstaffwill re-noJice the rreighborhood for next month's meeting. Tlle Cityof Burfingame Page 4 4.2.3 1657 Rollins Road - @uest for Red Zore Extensions, ircluding Fronting 1663 aod 1675 Rollins Road and Relocation of Rd Curb Opposite 1660 and,1634 Ro[im,Road AGENDA ITEM # MTG. DATE 7e STAFF REPORT TO:Honorahle Mavor and cil DATE:Aoril26.2002 APPRO FROM : Larrv E. Anderson. Citv ttornev CONSIDER REQUEST TO REVISE MASSAGE PERMIT ORDINAI\CE REGARDING POSTING OF PERMIT BOND BY BY ST]BJECT: RECOMMENDATION: Consider request of Elizabeth Graham to revise massage permit ordinance with regard to bond requirements and direct staff. DISCUSSION: The current massage permit regulations were adopted in 1993 to address the problem of illicit and disorderly operators who were preying on residents and tourists. Those regulations have been very successful in ridding the City of those operators. Meanwhile, a number of legitimate massage practitioners and therapists have met the terms of the regulations and provided important additions to the health services in the community. Among them is Elizabeth Graham, owner of Body Mandala, which has been located on Lorton Avenue for the past 2-3 years. Because this is a small business, it depends on the health of the owner, and for a period of time, Ms. Graham was unable to operate the business. She would like to get started again, but she faces the problem that the regulations require the posting of a surety or permit bond to guarantee the integrity of the business: Every applicant for an operator's permit shall post with the city clerk, a surety in the principal sum amount of ten thousand either in cash or executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state of California and as principal by the applicant. The form of the bond shall have been approved by the city attorney and shall provide that should the applicant be issued a permit under this chapter which is subsequently suspended or revoked, the city shall be reimbursed from said bond for all costs of said any investigation or other proceedings related to said suspension or revocation. Section 6.40.115. She has asked for relief from this requirement until she can get the business going again. The ordinance does not allow any discretion to staff, so the ordinance would have to be amended to allow this temporary relief. Mayor and Council Re: Consider Request to Revise Massage Permit Ordinance Regarding Posting of Permit Bond April26,2002 Page2 There are possible approaches: 1) Provide that followtng a certain period of successful operation, the bond requirement will be dropped, much like a security deposit for utility service; that period should be a matter of years, rather than months. 2) Allow the Chief of Police to waive the requirement for a surety bond for limited period of time under limited circumstances, such as: a) documented inability to afford the bond; and b) demonstrated ability and experience to meet the requirements of the regulations. This could include a required deposit in lieu of the bond for an amount determined from the financial statement. 3) Reduce the amount of bond required by the ordinance. This may have a very small benefit, because the base price of the bond, no matter the amount, is often the largest charge. The bond requirement provides a number of important protections to the community: 1) An applicant who is able to obtain a bond has demonstrated a commitment to the profession, an ability to satisfy the financial requirements of surety company, and a willingness to stand behind the business; 2) The community has assurance that there is a fund available in case of malpractice or misfeasance; and 30 The City's taxpayers have recourse to a fund for enforcement actions. Staff is extremely reluctant to recommend any changes to the current regulations. Ten years ago, Burlingame faced a wave of organized crime, sexual abuse, and thievery because of illicit massage operations. That problem has shifted down the Peninsula because the tough regulations that cities like Burlingame and San Mateo adopted and enforced. This has protected and elevated the legitimate massage practitioners. Therefore, staff recommends that a bonding requirement must be retained, but requests policy direction as to the appropriate limits on that requirement. Attachment Letter dated March 23,2002, from Elizabeth Graham Distribution Chief of Police Elizabeth Graham Gina La Rocca Cc C /v1 4.O Elizobeth Grohom Body Mondolo 340 Lorton, #214 Burlingome, CA 940i0 Phone {6501 685-9697 x2 Ahyin 12860@cs.com Morch 23,20ct2 RECEIVED MAR 2 7 20r,2 8j#sFffifli,,$sitfiF City Council City of Burlingome 501 Primrose Rood Burlingome, CA 94010 RE: Resumption of business of 340 Lorton, #21 4, Body Mondolo Enclosed you willfind o short series of conespondence between myself, Liz Grohom ond Lorry Anderson, Burlingome City Attorney, regording my voluntory suspension of business. ln Jonuory, I broke my orn snowboording. My orms ore my lools ond with them lmoke my livelihood- Since thot time I hove been unoble to work os o theropist. Becouse I hod no disobility or unemployment insuronce, I wos left with no other option thon to suspend business ond withdrow the $5,m0 CD which served os colloterolfor my bond - requireQ for me to do business in Burlingome. lom writing to inquire os to o solution which would ollow me to return to work of my cunent locotion, 340 Lorton, #214, in order thot I con resume moking o living. Becouse I om self-employed ond hod this unfortunote occident,lom focing mounting medicolbills ond om unoble to post $5,000 in cosh for bond colloterol. lom heovily invested in my proctice os o theropist ond heolth educotor in our immediote community ond lhe Boy Areo- The only option left forme would cosl me more money ldon't cunenlly hove, in order to move my office outside of Burlingome or into onother business where these fequirements would become null ond void. However, I did not work to estoblish myself to end up tucked into someone elses hoir.solon. ls it possible thot lcould secure o lemporory (5 month) suspension of this requirement of the bond os required by the business license? I hove lived in Burlingome for 9 yeors, hove no cloims ogoinst my business ond never expect to. And, I hove held on office ond procticeherefor3yeors. lhoveinvested 13yeorsof mylifetothisworkondif lcould come up with onother woy, I would nol osk for your considerotion. The requirements for o free-stonding mossoge lheropy business in Burlingome ore quile difficult to fulfill ond os such. there ore only o hondful of us- Most mossoge theropists work out of other businesses ond therefore ore not required to so much os secure o business license,let olone o $l0,0OO bond. lhove undergone bockground check, fingerprinting, posting of o lorge bond lll2in cosh) ond conduct my business on o refenolonly bosis- Mony of my clients ore longlime residenls ond business owners in Burlingome. I think my funcrton in the communily hos been duly estoblished ond my repulolion ond credibilily con be vedfied by o number of sources. Your help ond support in this mottef wll moke il possible lo continue to serve my well-estoblished clientele. provide for my son ond otherwise cony on with my work. Pleose lel me know whot con be done. Thonk you' Eizobelh Grohom Body Mondolo Pleose send conespondence to my home: 122 Dwight Rd. Burlingome, CA 94010 cc: Lorry Anderson, City AltorneY Shenie Jones, Lou Jones ond Associotes BY FACSIMILE AND FIRST-CI-./ISS MAIL January 17,2002 Lou Jones & Associates P.O. Box 41375 7470 N. Figueroa Street [,os Angeles, CA 90041 Mr. Ruben 7-amora Borel Bank & Trust Co. 160 Bovet Road San Mateo, CA9M02 License and Perrrit Bond-No. 3SM 955 987 00 CD - Borel Account # 80445641 for the Benefit of Lou Jones & Associates Dear Sirs or Mesdames: Elizabeth A. Graham of Body Mandala, 340 Lorton Avenue, Burlingame, CA, has informed the City of Burlingame that she wishes to suspend operations of her business for a period oftime. This letter is to confirm that the City of Burlingame does not crutently have nor is the City aware of any claims against the License and Permit Bond provided to the City by Ms. Graham. Therefore, the City has no objection to Ms. Graham's cancellation or suspension of the license and permit bond during the time that she is not operating her business. When she wishes to resume the business, the City would require the reinstatement of the bond or the issuance of a replacement bond. Sincerely LARRY E. ANDERSON City Attorney Re: cc: Elizabeth Graham , Sut{: Fwd: Llcenee Bond for Gity of Budingame Date: 3l5lA2 fo: lAnderson@Burlingame. org Hi Latry, Attrcled pkase find tetter from StBnie prc,s at Lou hrus ard Assuiates. I am rut sure wlBn or if I will reum iiiirt'rt ,rv iff"". liiiiw t^," a de,ciston soo4 lowever, my wfist ard tad is takirg a lory tirrc, to teal W wld tte ctty corsitkr postporiry nry bord requirefiplt if I tetum to ttB offrce. t am barely larytrg on fimrchlly ad iiutd rued to wo* to fuke-tle ,*ny to poterial$ rcirctate tle CD to brck ttB bord- Let ne kruw if ttis is possible. t lwe beena Budiryare. res.iktt !9v.eag) afl buliruss ovrrrul.(alnost 3.yearc) intle ;;rr- r;i 1t*t firyourtine and corside,rotbn- Liz Gmtnn Body Mardala, 340 Lonon #214, Burlirryrc, Ca 94010 S*rday, tarcft 23,2Oo2 Cmpuserv.: Anyfrrr286o Page: I Sut{: Fwd: License Bond for Gity of BurlingameHe: 3l8l02 To: l-Anderson@Burlingame.org Larry - Canyou please ermil tlB lettertlnt you seft to Borel Ba* regardiry ttz rekme of tle CD. Tlere seent to be sone crossed wires. Borel reh,ased it to ne,, but Lou Jorcs rceds to ka t ttat tle,rc arc to npries due - wlichtle,rc aretot. lf you futlt tave tle ofigird letter, could yau please setd ore to Sleftie Jorcs ASAP. Tln*s. Liz Gmlnm Body Mardah, 3tlo Lortoq #214 Burliryanc,. Sa&r.day, f,arch 23,21t02 Compusere: Ahyh1286o Pag€: I Subj: Body tiandala - Bond and future rcsrmption of budness Date: 3l17l02 fo: lAnderson@Budingame.org Hi Larry, tto* iiru for your corres por*rce regardiry tte cottaterat for tle bord. My questbn is tlis . . - can I petitbn tle phriry Littti,i6, oi tte ctty 1or a suspercbn of itz Ood rcquirenc,tt for a firite period, in orfu,r to carry on 14/ busirBss atd rmke tle ftorcy tpcessary to fud a rcw botd- Secotdty, p4y, wtnt is tle rcasodrg fortte requircnett of a tl0,OOO bod inorderto b nV busircss inBurlirgane'? Do otler busitcsses in Burtirryne lane to post a 10,000 bord in orde.r to b busircss? Hanr is is tlat tle city cotsi&ts itself liabh, forary rcsult of my busircss? pte,ase tetp rye to get softE atlwers to tlese quest'tott as I rced to rmke sotte, critkal fuckbts teggrdiry tle offke I *- po1 io, aA a6* use. My arm is teatiry ad t ited to tetum to wo* at sone p9itt. k you ktow I iwested tinP, atd npiyin'a cotditiomt use petmit ard'do rpiwarx to ttpve my busitBss at tlis poirx if I canavoid it. Ttar*you, Lh Gmlnm ffiffiS"*n2&alo2 cqnr.s€re:Ahttul28flr ]f,hlw STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL April25,2002 Randy Schwartz (558-7307) *txoufifiM- AGENDA ITEM # MTG. DATE 5-6-O2 7f TO: DATE: FROM: SUBJECT: BY us{rltPuBt,rc AREAsAMENDMENT TO LEAF'BLOWER ORDINANCE F'OR RECOMMENDATION: It is recommended that the City Council amend Ordinance #1681, adopted March 4,2A02 Hmiting the hours of operation of leaf blowers to allow City employees to operate leafblowers within city parks and facilities at an earlier hour by: A. Requesting Clerk to read the title of the proposed ordinance B. Waiving further reading of the proposed ordinance. C. Introducing the proposed ordinance and requesting the City Clerk to publish a summary of the proposed ordinance at least 5 days before its proposed adoption. BACKGROUND: The leaf blower is an important tool in the maintenance of our parks. Not only is it used to blow paths, but to removs leaf debris in the sandboxes and fibar surfaces under the play equipment. Getting in and out of public parks quickly and effectively is extremely important. The ability to use the blowers during the 8:00 to 9:00am hour helps ensure that our crews will be able to complete their tasks before the park users are on site. Areas that are impacted by the Ordinance include several parks (Pershing, Village, Ray & Washington) and City facilities (City Hall and both libraries). These are high traffic areas that Parks crews try to target as early as possible to perform the necessary maintenance tasks before the public arrives. Targeting the maintenance of these areas early in the day greatly enhances the recreational experience of the parks' users and allows residents to do business with the City, while reducing the potential safety risks to the public. Funds have been placed in the Parks Division's 2002-03 budget to purchase new blowers to comply with the noise reduction section of the ordinance. ATTACIIMENTS: Amended Ordinance ofMunicipal Code Section 10.40.38 BUDGET IMPACT: None. 1 2 aJ 4 5 6 7 8 9 10 11 t2 13 t4 15 I6 t7 18 t9 20 27 22 23 24 25 26 27 28 ORDINANCE No._ ORDINANCE OF THE CITY OF BURLINGAME AMENDING MUNICIPAL CODE SECTION 10.40.38 TO ALLOW USE OF LEAFBLOWERS rN CITY FACILTTIES FROM 8 A.M. TO 9 A.M., MONDAY THROUGH FRTDAY, AI\D 8 A.M. TO 12 NOON ON SUNDAYS AND HOLTDAYS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows Section 1. In order to meet the needs of the community in using the City's park facilities, City crews must clean parks and other City facilities before citizens arrive. Leafblowers are an important part of maintaining the parks and other public facilities while efficiently using the personnel available to the City. Therefore, allowing authorized City employees to use leafblowers at a shortly earlier time than elsewhere in the residential area is an important element of keeping the parks and facilities usable. Section 2. A new subsection 10.40.038(d) is added as follows: (d) Notwithstanding other provisions in this section and in addition to the hours of operation in this chapter, authorized City employees may operate leafblowers within city the hours of 8 a.m. and 9 a.m., Monday through Saturday, and 8 a.m. and 12 noon on Sundays and holidays, so long as the leafblowers comply with the noise levels established by subsections (a) and (c) above. Section 3. This ordinance shall be published as required by law Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the_ day of-,2002,andadoptedthereafterataregularmeetingoftheCityCouncilhe1d 1 on the _ day of 2002, by the following vote: 1 2 J 4 5 6 7 8 9 10 l1 t2 13 t4 15 t6 t7 18 t9 20 2l 22 23 24 25 26 27 28 AYES: COLINCILMEMBERS: NOES: COTINCILMEMBERS: ABSENT: COLINCILMEMBERS C :\FILES\ORDINANC\leaiblowers2.cdf.wpd City Clerk z i t AGENDA ITEM # I\ilTG. DATE 5-6-02 8a STAFF REPORT Honorable Mayor & City Council April 12,2002 City Manager's Office (558-7204) TO:SUBMITTED BY DATE: FROM APPROVED BY SUBJECT: SPECIAL EVENT REQUESTS FOR 2OO2_ CHAMBER OF COMMERCE RECOMMENDATION: That the council approve the following requests subject to meeting the police department conditions and providing insurance coverage approved by the city attorney. 1. Burlingame Avenue Merchants Association Sidewalk Sale - August 23 & 24. 2002. No special requirements; the event follows the format of past years. 2 Rrrrlinrrarna Arf anrl -l Eaelirra Ifrrrrnarlrr Ar{ an fha Awanrra} - Sa nfarnhor 14&44 'nn Police conditions per prior years, including hiring of 2 to 4 officers for security. Police and public works to review and revise street closures on Park and Howard as necessary. Same event as past few years including request to allow sale of beer and wine. The Chamber will contract with Team PRO Event of Mill Valley to coordinate event details including responsibility for all barricades, entertainment, clean up, toilet facilities, and overnight security. ln accordance with Section E of the attached letter, Chamber of Commerce shall directly pay the City within seven (7) days after the event all applicable fees in conjunction with this event. 3. Holiday Decorations. Same as prior years. City absorbs staff time costs 4. Burlingame Avenue Area Holiday Open House - December 6. 2002. This event is in conjunction with the City's annual tree lighting ceremony. Request closure of Burlingame Avenue between California Drive and El Camino Real. Details of activities need to be worked out. ln prior years, we have had heavy foot and vehicle traffic. V 1O:VUy Documents\MANAGERS\CHAMBERI Attachment c: Georgette Naylor, Chamber of Commerce Fire Chief Parks & Recreation Director Police Chief Public Works Director I April 11,2002 Mayor Mary Janney Vice Mayor Mike Coffey Council Members: Cathy Baylock, Joe Galligan and Rosalie O'Mahony City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mayor Janney and Council Members On behalf of the Burlingame Avenue Association, the Burlingame Chamber of Commerce respectfully requests the City's permission for the following 2002 events: SIDEWALK SALES on Burlingame Avenue The Chamber requests the City's permission for two sidewalk sales in 2002. The merchants have chosen Friday and Saturday, April 26 and27 andFriday and Saturday, August 23 and24. T\e event will follow the format of past years. 2. BURLINGAME ART N:{D JAZZ The Chamber requests the City's permission for "Burlingame Art andJazzFestival," calendared for Saturday and Sunday, september 14 and 15,2002, from 10:00 a.m. to 6:00 p.m. each day. The Burlingame Chamber of Commerce on behalflof the Burlingame Avenue Merchants Association is entering into a contract with Team PRO Event, of Mill Valley, CA, based upon the Burlingame City Council's permission to allow this community event. Details of the production are under the auspices of Team PRO Event, and include the following elements: A. Closure of Burlingame Avenue from California Drive to El Camino Real (up to the driveway of the Chewon Station) from 2:00 a.m. Saturday, September 14 until I l:59 p.m., Sunday September 15. B. Closure of Lorton Avenue between Donnelly and Howard for the full duration of the festival, closure of Park Road between Burlingame Avenue and Howard for the full duration of the festival and closure of Primrose Road for the full duration of the festival (as it was in 2001). All public parking lots in the area will remain accessible at all times during all hours of closure. c. Festival booths set up on Burlingame Avenue (the 1100, 1200, 1300 and 1400 blocks), as well as on Lorton Avenue will remain set up overnight on Sahrday. Team PRO Event will arrange for overnight security. D. Team PRo Event will arrange for entertainment throughout each day of the festival as part of this community event. E. The City of Burlingame fees in conjunction with this event will be paid directly by the Chamber within seven (7) days after the event. Please advise if fees will be different from last year. F. The Burlingame chamber of commerce respectfully requests that the city of Burlingame allow the sale of beer, wine, margueritas and commemorative glassware as part of the Burlingame Art andJazzFestival on September 14 and APR 1 1 2002 15,2002. Insurance for general and liquor liability in the amount of $1 million will be obtained and certificates of insurance naming the City of Burlingame, as well as the Burlingame Chamber of Commerce and the Burlingame Avenue Association as additional insureds will be issued. The Burlingame Chamber of Commerce carries liquor liability insurance in addition to its general liability insurance and will provide a certificate of insurance naming the City of Burlingame as an additional insured. The Burlingame Chamber of Commerce will purchase the beer, wine and marguerita license on behalf of the Burlingame Avenue Merchants Association. 3. IIOLIDAYDECORATIONS The Chamber respectfully requests the City's permission for City public works staff to put up the red and gold bell holiday decorations and the garland piece from Barrango (to be hung at the banner-hanging area on Burlingame Avenue at California Drive). These decorations are stored in the basement of the Bank of rhe west, 149 Park Road. The Chamber respectfully requests the City's permission to place five green wreaths with red bows (which belong to the Broadway Merchants Association and are also stored at the Bank of The West) on the old-fashioned light standards that surround the Burlingame Avenue Train Station. The Holiday Decorations are requested for the period before Thanksgiving, through the holiday season. 4. HOLIDAY OPEN HOUSE The Chamber respectfully requests that the Holiday Open House be scheduled Friday, December 6,2002, in conjunction with the city's Annual Tree Lighting ceremony. The Burlingame Avenue Merchants Association requests that Burlingame Avenue be closed from El Camino Real to Califomia Drive for the duration of the event. The Burlingame Chamber of Commerce, the Burlingame Avenue Merchants Association, and Team PRO Event will gladly meet with City staff to address any questions or concerns. Thank you. Burlingame Chamber of Russ Caplan, Co-Chair Burlingame Avenue Merchants Association Co-Chair Avenue I AGENDA ITEM #8b STAFF REPORT MTG. DATE TO HONORA F TUAYOR AND CITY oUNCil SUBMITTED .!- DATE:APRil ?9 ?OO2 APPROVED FROM:CITY IVI AGFR'S OFFICF {558.7 SUBJECT: Special Event Permit - Use of Pershing Park, Saturd aY,July 13, 2OO2 - Avon Breast Cancer 3-Day Walk Aid Station RECOMMENDATION: That Council approve the attached special event application for use of Pershing Park as an aid station for the Avon Breast Cancer 3-Day Walk on Saturday, July 13, from 7 a.m. to 1 p.m. ln last year's event, approximately 3,000 people participated in the walk along El Camino Real from San Jose to San Francisco. BACKGROUND Attached is the special event application for the use of Pershing Park as an aid station for the above-noted event. The use of Pershing Park will include three 2O'x2O' canopy shelters, four to five vehicles, and up to 30 portable toilets. This event was held last year with no negative impact on city facilities and only one complaint from residents (early a.m. hour delivery of portable toilets created noisy disruption to neighboring residents). The police, public works, and parks & recreation departments have reviewed the application; their comments are attached. To minimize the impact of street parking in the neighboring residential area, the use of City parking lot 'H' at Ralston and El Camino Real will, again, be used as an alternative. The organizers have also provided the City with their Certificate of lnsurance which has been reviewed by the City Attorney. This year's suggested conditions of approval are as follows: 1 . That the portable toilets be brought in on the preceding Friday between the hours of 9 a.m. and 7 p.m. and be removed not later than the following Sunday; 2. That notification (in the form of flyers) be provided to neighboring residents in the Pershing Park area alerting them of event; and 3. All trash shall be removed from the site upon departure. V ID:\My Documents\MANAGERS\Cancer walk staff report.wpd] Attachments c: Jennifer Crowell (Event Coordinator, Pallotta TeamWorks, 785 Market Street #550, San Francisco, 94103) Parks and Recreation Police Public Works lL 5-6-02 |'4.,-, CITY HALL _ 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 940183997 TEL: (650) 55*7204 FAX: (650) 55&9281 SPECIAL EVENT PERMIT APPLIGATION FOR ANY TEMPORARY CLOSING OF ANY CITY STREET OR USE OF CITY SIDEWALK OR PROPERW. (Please type or pintcleartv.) APPLICANT INFORMATION Company/Agency Name:Daytrme Phone: ?t(- l\t- 0'/[0 (tU OD FAX#: 4tGltt-0,10tcontact Person: t6nn;/, t (to-e// Address:7trf //1 Representing: lnsurance Carrier:Limits:d /, ooo_ or " EVENT INFORMATION Date(s):-t Staging Time:6 arn Starting Time:l arrt dvl q /3/A - /flrau6 I &ur/thname-Ending Time: Event Purpose:/c / Any Hazardous Activity? (lf so, desaib.),//fl Number of Participant r, 40/)A Type (acfors, crew, pafticipants)'.Do //t /,f Number of Equipment:Type: De-staging Time:atn e Parking Permit(s) Requested: Pol ice Service(s) Req u i red ($45 pe r officar pe r hour)'. ///n Location: ATTACHMENTS Please attach the following information with this application: - Letter of intent (detailed 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 City of Burlingame, its officers and employees, whether elected or appointed, from any and all liability arising from the event planned and described above. Further, I understand that prior to the issuance of any permit as described above, I shall file a certificate of insurance with the City Manager naming the City, its officers and employees, whether elected or appointed, as additional insured, and that I must pay all City costs prior to the issuance of this permit. Date:Applicanfs Signature: flil, qftr fo z luly I ?,2002 DAY 2 CUT SHEETS \t\\\S\ \ Mile Marker Direction Route/Street Special lnstructions/Notes Jurisdiction 5.72 0.02 LEFT lOn North El Camino ReaU HwY 82 MOTO SAFETY NEEDED San Mato 6.00 0.28 cRoss West Sana lnez Ave.San Mateo 6.17 0.t 2 cRoss Engle Rd.San Mateo 6.t 5 0.03 LEFT West Poplar Ave.San Mateo 6. t5 0.00 cRoss Engle Rd.San Mateo 6.30 0.t5 CONTINUE St aiSht on Poplar Ave.San Mateo 6.50 0.20 RIGHT Crescent Ave.San Mateo 6.60 0.t 0 cRoss 1 /est Bellevue Ave-San Mateo 6.75 0.r 5 CROSS Clark Dr,San Mateo 6.80 0.05 cRoss Sycamore Ave.San Mateo 6.92 0.r2 CROSS Wara Rd.San Mateo 7.Ot 0.09 cRoss Bmoilhet Ave.San Matm 7.t0 0.09 cRoss Newlands Ave.Burlingame 7.t 5 0.05 RIGHT lnto Pit Stop 2 (Pershing Prk)Burlingame 7.ts 0.00 LEFT Exit Pit Stop, onto Newland Ave.Eurlingame 7.8 0.r 0 LEFT On El Camino ReaU Hwy 82 Burlingame 7.30 0,05 cRoss Homrd Ave.Eurlingame 7.35 0.05 cRoss Ralston Ave.Burlingame 7.40 0.05 CROSS Burlingame Ave.Burlingame 7.50 0.10 cRoss Chapin Ave.Burlngame 7.60 0.t 0 cRoss Belhvue Ave.Burlingame 7.80 0.20 CROSS Floribunda Ave-Burlingame 7.90 0.t 0 CROSS Willow Ave.Burlingame 8.0r 0.r I cRoss Arc Way Burlingme 8.1 5 0.t 4 cRoss Forest View Ave.Budingme 8.20 0.05 CROSS Sanchiz Ave Burlingame 8.,10 0.20 cRoss Carmelia Ave.Burlingame 8.5 r 0.t I cRoss Broadway Burlingame 8.60 0.0,FORWARD Through Gnb-n-Go C (Irinity Luthmn Church)Burlingame 8.65 0.05 cRoss Sherman Ave.Burlingame 8.70 0.05 cRoss Easton Dr.Budingame 8.92 0.22 cRoss Hillside Dr.Burlingame 9.r 2 0.22 cRoss Adeline Dr.Burlingame 9.30 0.t8 CROSS Ray Dr,Burlingame 9.64 0.34 CROSS Mills Peninsuh Medical Bld8. driveway Burlingame 9.70 0.06 LEFT On Trousdale Dr.Burlingame 9.80 0.t0 cRoss Magnolia Ave.Burlingame 9.80 0.00 RIGHT On Magnolia Ave.Budingame r0.02 0.22 cRoss Murchison Dr,Budingame r0.25 0.23 LEFT Onto Spur Trail Millbrae r 0.30 0.05 LEFT lnto Lunch Stop (Mills High School softball{ield)Millbrae r0.70 0.40 LEFT Oxto Spur Trail, xit Lunch Stop Millbme t0.80 0. t0 RIGHT On Ashton Ave.Millbne t0.90 0. r0 cRoss Millbrae Ave.Millbrae r 0.95 0.05 cRoss Chadboume Ave.Millbrae I t_00 0.05 cRoss Hillcrest Blvd.Millbrae I t.00 0.00 LEFT On Hillcrst Blvd-Millbrae il.r0 0.t0 CROSS El Paseo Millbme I t.20 0. t0 CROSS Minorca Way Millbrae I t.30 0. r0 CROSS Corte Dorado Millbrae I t.40 0.t 0 cRoss El Bonib Way Millbrae I r.45 0.05 cRoss Corte Princesa Millbrae I t.50 0.05 cRoss El Bonito Way Millbrae I t.60 0. r0 cRoss Visa Grande Millbrae I t.70 0. r0 CROSS Colorados Dr Millbme r t.90 0.20 CROSS Linda Vista Millbme 12.00 0.r0 cRoss Del Centro Millbme | 2.05 0.05 CROSS La Prenda Millbme r2.r0 0.05 cRoss Skyline Blvd.Millbrae t2.t5 0.05 RIGHT On Skyline Blvd.Millbrae rrn fodftedr Vl5l02 Pogc 2 lUOll lreost Conter 3-Dcy, Son fta<isco Paltotta TeamWorks. I ltrposstHe dreanrs" April 15, 2002 The City of Burlingame Attn: Vi Weber 501 Primrose Road Burlingame, CA 94010 To Whom It May Concern: I am writing to request permission for the Avon Breosl Concer 3.Day to pass through the jurisdiction oi Burlingame, CA. The Avon Breosl (oncer 3.Doy takes place irom July l2h to July 14h,2002. Participants walk for three days, 60 miles, from Santa Clara to San Francisco. In its third year, the event will be following the same route which will take our participants through your jurisdiction on |uly l3'h,2002. We will be requesting use of Pershing Park and Trinity Lutheran Church, for rest stops along the way, again this year. The Avon Breosl Concer 3oDoy is an exciting and inspiring event that has been executed successfully all across the country for the past four years. The Walks alwap generate significant media interest in the communities through which they pass. Most importantly, this past year,Bay Area walkers'efforts returned six million dollars to breast cancer early detection, treatment and research. After reviewing our request, please call or write me with your reply. If I can answer questions you may have about our event please phone me at 415-908-0400 (x609) or email at jcrowell@pallottateamworks.com Thank you very much for your consideration, Ur,'r/L r Crowell Event Coordinator, Western Region <) APR I 7 2002 285 Market street, suite 5oo, san Francisco, cA 94to3 | 415.9o8.o4oo I fax 415.9o8.o4or I BeThepeople.com Patlotta TeamWorks. I PnpossraHe dm" February 19,2002 Mr. Bob Disco Pershing Park 501 Primrose Avenue Burlingame, CA 94010 Dear Mr. Bob Disco: In July of last year over 3,000 people walked from Santa Clara to San Francisco to raise $6 million dollars in the fight against breast cancer. The Bay Area's second Avon Breost (oncer 3-Doy was a huge success and we are looking forward to yet another wonderful event luly l2-L4,20021 Our ability to use Pershing Park as a Pit Stop for our walkers was crucial to the success of our event last year, and will be again this year. We appreciate your continued support. We would like to request the use of Pershiug Park on July 13, 2002. We would occupy the space from approximately 7:00am-1:00pm on that day. During that time frame, approximately 3000 participants will walk through Pershing Park. We would erect three 20' X 20' canopy shelters for our staff and volunteers who will offer food, drink and medical attention to the walkers who elect to stop. Nothingwill be sold on site. In addition, we would place several portable toilets on the premises. I have enclosed our Site Use Agreement form. After reviewing our request, please sign the form and fax it back to me at 415-908-0401. If I may answer any questions for you, please call me at 415-908-0400 (x609). My email address is: ic rorvell@oallo tta tearnwo rks.co m I look forward to working with you again this year! Thank very much for your support, 0*,u Crowell Event Coordinator, Westem Region <) FEB 2 1 2002 785 Market street, suite 5oo, San Francisco, cA 94ro3 | 415.9o8.o4oo I fax 4r5.9o8.o4or I BeThepeople.com Pallotta TeamWorks" I l"tposdHe drems- January 16,2002 Ms. Vi Weber Burlingarne City Manager's Office 501 Primrose Rd. Burlingarne, CA 94010 Dear Ms. Wel-.ert In fuly of last year over 3,000 people walked frorn San Jose to San Francisco to raise over five rnillion dollars in the fight against breast cancer. The Bay Area's AYon Brcosl Cuncer 3oDoys have been such a huge success that we are looking forward to yet another arnazing event irr 2002. Your cooperation, as our route passed through your jurisdiction, was critical to the success of or. "u"rr[ last year. We hope we can continue to couut on your support. The route will rernain the sarne for this year's event. OnJuly L3,2OOZ approxirnately 3,000 walkers will be passing through your jurisdiction. I have enclosed a portion of our route rnap and directiorx to refresh your lnelnory. As always, the safety of our walkers is the nurnber one priority of the Avon Breost (ancer 3.DoY. All of our walkers, volunteer crew mernbers, and paid staffwatch a rnandatory Safety Video the day before the event begins. At no tirne will we block or direct trafftc in any rnanner whatsoever, nor will we require any street closures. Participants walk on sidewalks, shoulders and in bike lanes. Enclosed is our Event Notification Form for your signature. We carry this with us at all tirnes during the event. In the unlikely event of an emergency, we will coutact you, or your chosen ernissary, irnrnediately. you for your continued support, 0*,// Crowell Event Coordinator, Westem Region Avon Brcosl Comer 3.Dcy <) JAN 2 Z 2002 T85MarketStreet,Suite5oo,SanFrancisco,CAg4lo3l4r5.goS.o4oolfax4r5.go8.o4orlBeThePeople.com From: Sent: To: Cc: PARKS/REC-Schwartz, Randy Thursday, April 18, 2002 11:41 AM MGR-Weber, Viola; PARKS-Richmond, Tim PARKS-Disco, Bob RE: Breast Cancer WalkSubject: The complaint I received did not specify which day the portapotties came. They might have been delivered on the Friday. The complaint was the time of delivery. Please have them deliver the portapotties between 9:00 am and 7:00pm. Thanks, RS M Viola From: Sent: To: Subject: Cutler, Dawn [cutler@police.ci.burlingame.ca.us] Wednesday, April 24, 2002 12:17 PM ViWeber (E-mail) Breast Cancer Walk Vi, ljust responded to some questions Frank had regarding this walk. As far AS the P.D. goes, we have not had any problems in the past and don't see any-in reading the packet you sent. Franks issues were along the line of sidewalks and making sure they were in good shape. lf you have any questions 777-4151 Thanks, Dawn 1 From Sent: To: Cc: Subject: PW/ENG-Erbacher, Frank Thursday, April 25, 2002 9:43 AM MGR-Weber, Viola PW/ENG-M urtuza, Syed; POLICE-Cutler, Dawn ; PW/YARDADM lN-Scott, Phil ; PW/S&S-Falzon, Vince; PW/ENG-Lowrie, Bill; PW/ENG-Lowrie, Mikkel; PW/ENG- Chang, Donald; lcrowell@pallottateamworks.com' RE: Avon Breast Cancer 3 Day Walk- Saturday, July 13th, 2002 Route: Crescent to Pershing Park as a Rest Stop; Newlands to ECR; ECR to Trinity Lutheran Church as Rest Stop; ECR to Trousdale; Trousdale to Magnolia; Magnolia to Murchison (Route not clear at that Point on Murchison). I have polled the Police Department and the Streets Division and they indicated that previous events have presented no problems. From their comments it appears that pedestrians are distributed sufficiently that they do not spill onto the street area nor do they affect the Plaza Shopping Center. I assume that the Applicant has notified the State for coordination with any of their work or permits on El Camino Real. lf not then this should be a condition of their permit from us. The Street Division noted that they will be checking and patching all the sidewalks as may be needed. They were forwarded the routing information packet from the application. The Public Works lnspectors will be asked to check the route at least a week ahead and the week of the event to insure that any private sidewalk work is ready for the walkers to safely pass. Frank Erbacher STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL April 25,2002 PUBLIC WORKS SUBMITTED BY APPROVED BY COMBINATI , LOTS 18 THROUGH 20, AGENDA ITEM # MTG. DATE t06l02 8c TO: DATE: FROMr SUBJECT.TENTATIVE AND FINAL PARCEL MAP FOR LOT BLOCK 14, BURLINGAME GROVE, 1 160 BROA]DWAY, PM O2-O4 RECOMMENDATION: It is recommended that Council concur with the Planning Commission and approve this ,""pJhtr .rt." should be considered as approving both the Tentative and Final Map to facilitate processing. Following are the conditions: o I Final Map for a lot merger shall be filed by the applicant within the time period allowed by the Subdivision Map Act and the City's subdivision ordinance. o The Final Map shall be recorded by the San Mateo County office before the building is finaled. . All property corners shall be set and shown on the Final Parcel Map' The Final Map shall show the width of the right-of-way for Broadway, including the centerline of the right-of- way, bearings and distance of the centerline and any existing monuments in the roadway. All existing easements shall be retained All damaged sidewalk, curb and gutter shall be replaced with new BACKGROUND : On April 22, 2002, the Planning Commission reviewed the attached staff report and the Tentative and Final Parcel Map. The Planning Commission found that all requirements were met and recommended that Council approve the map with the above conditions. EXHIBITS: Tentative and Final Map, Planning Staff Report Donald T. Chang, P.E. Senior Civil Engineer c:City Clerk, Applicant Bonarual Lamb Partners Ltd. Spear Design Association a o a S:\A Public Works Directory\Staff Reports\02-04.STF.wpd f1t-*7+ MEMORANDI]M PI,'BLIC WORKS DEPARTMENT TO: PLANNING COMMISSION FROM: ENGINEERING DATE: MARCH 27,2002 RE:TENTATTVE AND FINAL PARCEL MAP FOR LOT COMBINATION, LOTS 18 THROUGH 20, BLOCK 14, BURLINGAME GROVE, I 160 BROADWAY, PM 02-04 This application is to combine three (3) existing lots into one (1) lot at 1160 Broadway. The applicant is proposing an on-site improvement which will require a lot combination in order to meet the zoning code. There are no comments from the Building Departrnent and Planning Department. The map application is complete and therefore may be recommended to the City Council for approval subject to the following conditions: 1. A final pmcel map for lot merger must be filed by the applicant within the time period as allowed by the SuMivision Map Act and the Crty's Subdivision Ordinance. Action on this map should be considered as both the tentative and final map to facilitate processing. 2. The final map must be accepted by the San Mateo Comty office before a Building Permit can be issued. 3. All property c,orners shall be set and shown on the final parcel map. 4. The final map shall show the width of the right-of-way for Broadway, racluding the centerline right-of-way, bearing and distance of centerline and anyexisting monuments in the roa<I.vay. 5. All existing easements shall be retained except as noted. 6. All damaged sidewalk, curb and gutter shall be replaced with new. Exhibit: Tentative Parcel Map & Assessor's Map Donald T. Chang Senior Civil Engineer U 1vlCTOR\Projecis\Private\PM02.O4.wpd lttt $ JUANITA 8 RIIINETT€A AYE. 3 5a -ta AVE 9, AI/E h ltltO Ofoa'Aoay AVE T mSrA tvE. PARCEL TW4P VOL 7, \ \\ \\ =s.(/) *' s\ @ t3 b' @ t2 \\ \ \\ oQl/l u =.<<ttL l_ * _t_ _ I o) ( 6()\{tri:\ q, Rq si o bJl* \ =.I \\ \\ E\\ \\ tl.o ,a \l- =5o(., G6 @ \\ \\ a, =totLf, 6 r?o' ?9 s(? \{ to 7t o ,1( -50.10 *lPAtrEL ,TAP VOL o;l: 32 50.tt' o 96 @ l3 @ l0 @ t2 5 1 ,o'45 ?r.t5' 6@@@@ D' I I 7 t t'1. il 092 o tl @ 9O t5 @ t7 @ ,o' l6 r?r' 3t8l920 9 2 I 19 IE ty.ot' 5O' @ t2 lt @ @ l0 09l 50' l3 @ t4 @ t7 @ 15' 2 I lrc.a5 llc.T1 PARCEL A 13 @ @ 7 Er.12 1 t4t. 6 5-=-98-.i!.- o93 3 l0t- I lrl.90' 22 o 9A.tl' 2lI EI -t I I s t6 l7 te 20 6-r.1t ,/, 16RSHBURLINCAUE GROVE ON)DIT 4 o @ o @ o ) @ @ @ @ 315- @ t6 @ i I I I loor It&- .., "l @ _ _ v7,11' 2(ilot.?t\-, @ t9 I @o ;. il -lo; i TO: STAFF REPORT HONORABLE MAYORAND CITY COUNCIL SUBIVIITTED DATE:Anril28.2002 AGENDA 8dITEM# MTG. I}A,TE 5-6-02 BY APPROVED FROM:Bob BelL I{uman Dlreclor BY suBJEcr: Adoption of Resolution Fixing the Employer's Medical and Hospital Care Act Under the Public Employees' RECOMMEtTpATTON: Staff recommends that the Counoil approve the attached resolution increasing the City's contribution towards medical premiums effective January 1,2002 for employees and annuitants covered by the Msmoraldum of Understanding between the City ofBurlingame and the Police Offtcers' Association (POA). BACKGROUIITD: Negotiations w€re recently conpleted with the POA. In that confiacI, the monthly health care contribution provided by the City was increased to $580 per month, which is the same amount given to the other labor group$ within the City. The City contracts with the California Public Employees' Retirement System (CaIPERS) to provide medical care coverage to City employees per the terms of the Public Employees' Medical and Hospital Care Act (PEMHCA). In order to adjust the rnonthly pranium to higher amounts granted in the Memorandum of Understandrngs, CaIPERS requires the attached resolution be adopted by the City Council. BU,DGET IMPACT: Based on the number of employees covered by the Broup, the cost for the increase in the City's contribution for this fiscal year is $5,000. ^A.TTA.CIIMENTS: Resolution ileffi 26,-? -? RESOLUTION NO RESOLUTION OF TIM CTTY COUNCIL OF THE CITY OF BURLINGAI\{E FD(NG TTM EMPLOYER'S CONTRIBUTION UNDER TTIE PUBLIC EMPLOYEES'MEDICAL Al'lD HOSPITAL CARE ACT RESOL\/ED, bythe City Council ofthe City of Burlingame: WffiREAS, Government Code Section 22825.6p'rovides that alocal agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount ofthe employer's contribution at an amount not less than the amount required under Section 22825 ofthe Act; and WffiRSAS, the City ofBurlingarne, hereinafterreferredto as Public Agency, is a local ageney contracting under the Act for participation by members of the Police Officere Association, therefore be it RESOLVED, ttrat the employer's oontribution for each employee or annuitant shall be the anpunt nec€ssa{y to pay the full cost of his/her enrollmerrt, including the eilrollment of his/her family members in a health benefits plan up to a rnaximum of $580 pEr month; Plus administrative fees and Contingeircy Reserrre Fund Assessments. MAYOR I, AI.IN MUSSO, City Clerk of the City of Burlingarrre, do hereby cefiiry thar the foregoing resolution was introduced at aregular meeting of the City Council held on day of May, 2002, and was adopted thereafter by the following vote: AYES: COIJNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL SUBMITTED April 15, 2OO2 BY AGENDA ITEM # MTG. DATE 5l6lo2 8e TO: DATE: FROM: PUBLIC WORKS APPROVED BY SUBJECT: RESOLUTION TO APPROVE LEASE MODIFICATION FEDERAL AVIATION ADMINISTRATION - WINDSHEAR ALERT SYSTEM - 1775 GILBRETH ROAD RECOMMENDATION It is recommended that Council approve the attached lease modification by resolution with the Federal Aviation Administration (FAA) for the Windshear Alert System. BACKGROUND: In 1999 the Council approved a lease agreement with FAA for installing an 80-foot tall Wind Shear Alen System at 1775 Gilbreth Road. The location of the installation was slightly different from the original proposal. Recently, the City received a request from FAA to modiff the legal description and plot to reflect the true location of this installation (Exhibit A). Staffhas reviewed the revised legal description and plot and found them to match the field location. Therefore, staff recommends Council approve this modification. EXHIBITS: Lease Modification/Supplement (Exhibit A), Original lrase Agreement and Resolution T. Chang, P.E. Senior Civil Engineer c City Clerk, City Attorney s : \A Public works Directory\staf f Reports\Fr{A Lease-windshear-dtc. wpd RESOLUTION RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF'BT]RLINGAME APPROVING LEASE MODIFICATION R-EGARDING 1775 GILBRETH ROAD WITH THE F'EDERAL AYIATION ADMIMSTRATION FOR INSTALLATION OF' WINDSHEAR ALERT SYSTEM, AI\ID AUTHORIZING THE CITY MANAGER TO EXECUTE TITE MODIF'ICATION AGREEMENT ON BEHALf,'OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, in Resolution No. 53-lggg on May 17, lggg,the City Council approved a lease agreement allowing the Federal Aviation Administration (FAA) to install and maintain a windshear alert system on the site to serve San Francisco Intemational Airport; and WHEREAS, this windshear alert system will greatly improve the safety of operations at the Airport, which in turn will make the community safer; and WHEREAS, the Planning Commission reviewed the proposed lease and found that it was consistent with the City's General Plan pursuant to Government Code $ 65402; and WHEREAS, the proposed installation had been reviewed by the FAA pursuant to the National Environmental Protection Act and is categorically exempt from the California Environmental Quality Act; and WI{EREAS, the FAA has determined that the description of the area needs to be slightly modified to better fit the installation into the property; and WHEREAS, a modification to the Lease Agreement is in the best interest of the public, NOW, THEREFORE,IT IS ORDERED: l The Lease Modification attached hereto as Exhibit A is approved, and the City Manager is authorized to execute the Agreement for and on behalf of the City of Burlingame. 2. The City Clerk is directed to witness the Manager's signature on behalf of the City. 1 MAYOR ( I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certiff that the foregoing resolutionwasintroducedataregularmeetingoftheCityCouncilheldonthedayo|- ,2002, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 t LEASE MODI F!CATION/SUPPLEM ENT Mod ificatio n/S u ppl e me nt No. Lessor City of Burlingame 501 Primrose Road Burlingame, CA 9401 0-3997 THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE Effective Date Accounting & Appropriation Data oF 4s usc 40110 (B). Lease Contract No. Desciption of Modification/Supplement The purpose of this modification is to revise the legal description for the Low Level Wind Shear Alert System (LLWAS), Site No. 8 for the above-referenced lease. Therefore, a revised Exhibit "A" dated August 20,2001wi|| replace the previous Exhibit "A" to reflect the new legal description and plot. The following is attached to the above-referenced lease: Exhibit "A'- Legal Description and Plot ALL OTHER TERMS AND CONDITIONS OF THE LEASE AND REMAIN THE SAME. ARE HEREBY RATIFIED AND EXCEPTED AS AMENDED HEREIN ABOVE, SHALL BE ! Lessor is not required to sign this document Fl Lessor is required to sign this document return the original and 3 copies to the Government. Lessor: CITY OF BURLINGAME Government: UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMI NISTRATION B I/T/ei Contractino Officer, Real Estate & Utilities Team. AWP-S4B Date: By: Title: Date: WP Form 4660-14 (3/80) STAFF REPORT AGENDA 8f ITEM # MTG. DATE 5-6-O2 TO: HONORABLE MAYOR AND CITY COUNCIL DATE: April 17,2002 FRoM: Randy Schwartz (55&7307) SI.IBJECT: 7 APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI.Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATE& CLEAN AIR, ANI) COASTAL PROTECTION BOND ACT OF 2OOO. RECOMMENDATION: It is recommended that the City Council approve the application for Roberti- Z'Berg-Harris funds under the Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. BACKGROUND: The Califomia State Legislature placed Proposition 12 onthe March 7,2000 ballot where it was passed by the voters. The proposition, "Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000", set aside $388 million per capita grant funds, $200 million Roberti-Z'berg-Harris grants, $100 million in grants to low income neighborhoods and $8 million for playground safety. The City of Burlingame has been allocated approximately $268,000 of the 2000 Park Bond Act and an additional $85,000 of the Roberti-Z'Berg-Harris Block Grant. The funds must be encumbered by June 30, 2003 and the proposed project must be completed by 2008. The City has already applied for the per capita portion of the funds. This resolution is for the remaining $85,000. In the City's Capital Improvement Plan, these funds have been designated to complete the upgrade of Cuernavaca Park. The components of the Park's remodel include bringing the play structure and restroom up to standards of the Americans with Disabilities Act and completion of the landscaping by adding picnic tables and an ornamental trellis. ATTACHMENTS: Resolution Number BUDGET IMPACT: The City anticipates receiving approximately $85,000 in funds from the Roberti-Z'Berg-Harris Block Grant. tr"Yfr LW BY RESOLUTTON NO._ RESOLUTION OF THE CITY OF BURLINGAME APPROVING TIIE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERC-IIARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AI\ID COASTAL PROTECTION BOI\D ACT OF 2MO. WIIEREAS, the people of the State of California have enacted the Safe Neighborhood Parks, Clean Water, Clean Air, and Coasal Protection Bond Act of 2000 which provides funds for the Roberti-Z'Berg-Haris open space and Recreation Program; and WIIEREAS, the Legislature of the State of California has enacted the Roberti-Z'Berg-Harris Open Space and Recreation Prograng which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreational needs; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the adminishation of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Departnent of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WIIEREAS, the Applicant will enter into a Contract with the State of California; NOW THEREFORE, BE IT RESOLVED thatthe CITY OF BURLINGAME hereby: l. Approves the filing of an Application for local assistance funds from the Roberti-ZrBerg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 20fi); and 2. Certifies that dre Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the Director of Parks & Recreation as agent to conduct all negotiations, execute and submit all documents including but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the hoject(s). Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame do hereby certifo that the foregoing Resolution was infioduced at a regular meeting of the City Council on the day of ,2002 and was adopted by the following vote: AYES COLINCILMEMBERS:NOES: COUNCILMEMBERS: ABSENT: COTINCILMEMBERS: City Clerk STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL April 25,2002 PUBLIC WORKS AGENDA ITEM # MTG. DA 5/06/02 8e TO: DATE: FROM: SUBMITTED BY BY SUBJECT: RESOLUTTON ACCEPTING CALTFORNTA/GROVE STORM D PHASE 2 - CITY PROJECT NO. 9829 IN IMPROVEMENT PROJECT, RECOMMENDATION: It is recommended that Council accept the California/Grove Storm Drain Improvement Project, Phase 2, in the arnount of $868,027.82. BACKGROUND: On May 8, 2001, Council awarded the California/Grove Storm Drain Improvement Project to Shaw Pipeline Company in the :Lmount of $757,135.00. The total construction cost of the project was $868,027.82. The additional $110,892.82 was primarily due to conffact change orders for unforseen conflicting gas, telephone, sewer and water pipeline relocations, as well as for paving Mills Avenue and planting trees along the railroad tracks. The total amount of change order repre sents 14 .7 % of the original conffact price, which is very reasonable for a project of this size and complexity. The project construction is completed in compliance with project drawings and specifications. EXHIBITS: Resolution, Final Progress Payment BUDGET IMPACT Total estimated construction costs are: Construction Construction Management, Inspection, Testing and Construction Engineering Services Staff Engineering and Administration $ 868,027.82 $ 132,586.00 $ 7.500.00 $ 1,008, 1 14.00 There are sufficient funds available in the storm drainage budget to complete the project. Douglas Bell Senior Civil (6s0) s58-7230 c: City Clerk, Finance, Shaw construction ct s:\apublicworks\staffreporu\9829-4-l I {2.wpd APPBOVED RESOI,IITT NO. ACCEPTING IMPROVEMENTS - CALIFORNIA/GROVE STORM DRAIN RESOLVED by the CITY COUNCIL of the City of Burlingare, Catifomia, and this Couril does hereby find, order and determirc as follows: l. The Director of Public Works of said Crty has certified the work done by Shaw pipelirc Inc. under the terms of its contract with the City dated May 8, 2001, has been completed in accordance with the plans and specifications approved by the city courcil and to the satisfaction of the Director of Public works. 2. Said work is particularly described as City Project No. 9829 3. Said work be and the same hereby is accepted. Mayor I, Ann Musso, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduc€d at a regular nreeting of the City Council he ld on the day of 2N2, ad was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk Shaw Plpellno lna. 6244 Mls.lon Stroot San Franclsco, CA 941l2 415.337.0190 t l/ 6245 fax SPI Job # 223 Contflct Bld lta a irotlllr.too CITY OF BURLINGAME PROGRESS PAYMENT NO. 6 FINAL Califomla,/ Grovo SD lmprovoment Hllllldo/EcR to Ulllr Cltok Clty Project # 9829, Phase 2 DATE: 9.{pr{2 For th. monlfi of: Oc.t . Noy, 200,1crt Po *: t2558 I 2 3 5 6 7 8 I 10 ll 13 11 15 16 17 18 t9 Fumbh A llrlt tt 2,16, RCBor Cutln Fumhh a hlrllSrt RC6or Culwt Fulr .h &lntlrll15'Dla. SO RCP. Cttlt Fuinl.h A hrtdlzl2' Ol.. SO RCP, Ct ttt Fumlfi & h.Ull48 Ola. SO RCP, C[ll Frml.h & ln.t I3ror. sDRcP, c Plp. Jlcthg, 3af Dla, SO RCP, CtV R.{ocrtr Endng af Oa.l4itr€r Plp.ttn. Raloa.t Weitr S€^dc.!. Mlll. Av..u. Fuml.n a tn.rrtt Sa.t d Con.r!t. Slopo PrcLa{on wlh Conarltc Aprcal Fumllh & lnlt tl 1!l Oh. Ftsp Od.! TOTAL ORIOINAL COIITRACT 20 AC Parlmanl .t .1. et c.obnh r Mnh Sp.clrl 8D M.nhol., Typ. I ,2.1 a 4 S€r t ay sau.a Mlnhol6 orlltl lnLt., Typ! Go S.filEry S.r,.r Plp., 6a PVC Smlt ry SaN.r Plp., 1C lrvC ln.tsll clty Fufilrh.d a€, Rcaor cukn Cn.n . Ord.l! Rcmova bsd.d cdlclrta, Crllf, Dr fi.pl.c. ...ld b.ddlnC wttl icd( habfl S.w.r l.tarel-1408 Mlll! P.m CdIn wdl R.loc.t w!trrmdo, Cdtt Dr. R.loc.h box Grtv.n @ Pac 86I ContDt Ptrndn!rc.tit odv. Rdnov. CMP Mat€d.tat Eodng Atgn 1 2 3 4 6 1 I 10 1l ITEM DESCRIPTION UNIT PRICE Bto Q'IY UNIT st2E AlD AMOUNT QUANIITY TO DATE PAID AIrIOUNT TO OAIE PREVIOUSLY PAIO AMOUNI TIIIS PAYMENT a I i $ t s t I a $ t t t t 3 0 a $ I I 28,000.00 25,000.00 6.OO 4,000.00 1,500.00 3,500.(r0 &.(J0 150.00 300.00 300.00 400.00 100,00 285.00 286,00 150.00 460.00 4,000.m 1,000.00 10,000.00 500.00 tt $ $ I 3 786.A7 4,624.86 11,779.00 650.00 2,03E,17 3,293.00 s s 3 68.044.00 2,892.63 2,1@.m 1 1 r0@ s 2 LS LS SF EA EA EA LF LF t-F LF LF LF LF IF LF LF LS EA ts 6 12 108 522 78 509 7B 1 17 I 3 LS LS l"s LS LS LS LS I ! I t a t t 3 I a 3 I $ a I s $ a E 28,m0.@ 25,000.00 11,a00.00 36.000.00 3,0oo.m 10,500.00 11,070.00 1,200.00 3,600.m 32,a00.00 208,800.m 7,8m.00 14',005.00 1,16,,t90.00 19.350,m 3.{.S80.00 4,000.00 '17,000.m 10,000.00 1.@ 1.00 19A3.@ 11.00 2.00 3.m 123.@ 6.00 1 100% 105% 122% 1m* 100% rm% 10096 ,| 1 100% 100% 100'/6 't0096 100% t02* 100% 1009( 1009a 100% 78.00 500.00 5.t4.00 131.00 76.00 1.00 18.00 1 1,500.00 3.00 10096 ,767,,t3t.00 101.30% t 3 $ It $ t $t f46.67 1,621.8 11,709.00 650.m 2,035.1? 3,293.00 1.00 1.00 1.00 1.00 100.00% 100.0.6 100.00* 1m.0096 100.m% 100* 68,0,{4.00 2,892.63 2,100.00 't.o? 1.00 1.00 '107% 100% 100% 3 t t I 3 t a 5 I I a , t I t a t tI 28.0@_OO 25,000.00 11.954.00 44,000.m 3,000.00 10,500.00 11.070.m 1:00.00 3,600.00 32.400.00 mE.800.00 7.8@.00 t45,005.00 146.,t90.00 19.650.00 34.9m,m ,1,000.00 18,000.00 10,0@.00 I 1 t 76t,tt!.00 I s at It I $ c 7*.A7 4,824.86 11,709.@ 650.00 2,035.17 3,2$.00 72,853,19 2,492.43 , 100.00 3 I I 0 a t I a t I I t t t I s t I a 26.000.00 25.000.00 11.95a.@ 4.t,000.m 3.000.00 10.500.00 rlo70.m 1,200,@ 3,600.@ t2.a00.m 208,600.00 7.E00.00 1as,(xl!.00 1L.490.00 19,860.00 34.9€O.00 4,000.00 18,000.00 10,000.00 t 1 t 744,093.00 aIt IIt t $ $ 7e6.67 4,421.8 t 1,7S0.m 650.m 2,033.17 3,293.00 72,453.19 t s I t I t I a 3 I 3 $ I t t I $ t t t , $ $ $ 2,492.43 2.100.00 86,225.!3a 100%$.01,03/1.82 I 9t,042.10 I 4,992.e3 ]OTAL CHANGE OROERS Page 1 of 2 TOTAL CON?RACT TOTAL CHANGE OROERS COiITRACT 1OTAL LESS O I( RETENTION SUBTOTAL WTHOUT OEDUCTIONS 0 10'l o% AMOUNT OUE TOTAL TIIIS PREPARED APPROr'ED BY APPROVED BY CHARGED TO FUiIO 320 210 4caqz.6, /a P.a. d *q sd /.2/ l"?'d . (=ra- 7?5so' 2ro) (t7o-7ar-r"-nr) a 4 'r ,/27Jia * / t.s--rB I 14 / t/4'3 7 A:7 /o P ,/=r,/a2- I a 7c!,t93.00 3 86,12!,33,0G,oa2.1cI $4,sr2.83tt5!,360.33 $ t6!,027.E2 I 1t3,036.19 $4,9t2.8! t t (a3,$r.7G)l3,r&,7GIt853,3a0.a!I !1t,!ata3 $$ $r53,1t0.33 aaap27 t2 aat,o27.a2 , i a s t !19,!!313 4r,t{,4.3c-- - - - Page 2 of 2 ll Lr 7!7,'t!!.oo a 4!,ra,r3r o STAFF REPORT AGENDA ITEM # MTG. DATf,5-6-O2 TO: HONORABLE MAYOR AND CITY COUNCIL DArE: Api126,2002 tr'RoM: Randy Schwartz (650) 558-7307 Director of Parks & Recreation SUBJECT:Trenton Play Area Renovation - City Project # 80140 RECOMMENDATION: It is recommended that the City Council adopt the attached resolution accepting as complete the work done by Lone Star Landscape, Inc. at the Trenton Play Area. BACKGROUND: The Trenton Play Area Renovation project was completed on March 21,2002 in accordance with the plans and specifications approved by Council for this project and to the satisfaction of the Dept. staffand our project architect. ATTACHMENTS: Resolution accepting completion of the Trenton Play Area Renovation project. 8h aBY BY BUDGET IMPACT: Original contract amount: Change orders (drainage issues): $158,623.00 t0^0t0.27 Total contract amount:$168,633.27 Amount paid to date: 156.27l.g3 Final payment: $12,361.44 Final payment of the contract will be paid upon approval of this resolution. Suffrcient funds are available to complete this project. RESOLUTION ACCEPTING COMPLETION OF TRENTON PII\Y AREA RENOVATION CITY PROJECT NO. EOT4O RESOLVED by the City Council of the City of Burlingame, Califomia and this Council does hereby FIND, ORDER and DETERMINE as follows: 1 . The Parks & Recreation Director of said City has certified that the work doneby LONE STAR L,/INDSCAPE, INC. under the terms of its contract with the City ofBurlingame dated Seotember 5. 2001. has been completed in accordance with the plans and specifications approved by this Council therefor and to the satisfaction of the Parks & Recreation Director. 2. Said work is particularly described as #80140 TRENTON PLAY AREA RENOVATION. 3. Said work be and the same hereby is accepted. 4. The city engineer is directed to execute and file for record with the County Recorder notice of the completion thereof as required by law. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certifu that the foregoing Resolution was introduced at a regular meeting of the City Council held on the & dav of Mav 2002. and was adopted thereafter by the following vote. AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS COLINCILMEMBERS City Clerk RESOLUTION NO. STAFF REPORT AGENDA 8iITEM# MTG. DATE _05.06.02_ TO: HONORABLE MAYOR AND CITY COUNCIL SUBIVIITTED DATE 2002 APPROVED tr.ROM:CITY PLANNER SI'BIECT: APPROVAL OF CONTRACT WITH DESIGN,AND ENVIRONMENT FOR CONSULTING SERYICES TO PREPARE A PLANNING STUDY AND SPECIF'IC AREA PLAN FOR THE NORTH END OF BURLINGAME BY BY RECOMMENDATION: 1) Adopt resolution approving agreement for preparation of a specific area plan for the north end of Burlingame with Design, Community and Environment (DCE); and 2) Adopt resolution authorizing transfer of funds BACKGROUND: At the Joint City Council/Planning Commission meeting in February 2002, it was agreed that the planning issue of the highest priority in the city was how we were going to plan at the northern end of the city for the impacts anticipated with the opening of the BART station in Millbrae. Following the meeting staffprepared and distributed to some 80 firms a request for proposal (PJP) to do a planning study of the north end of the city (Rollins Road industrial area and the portion of El Camino Real north of Dufferin extended to Davis Roads). Seven firms responded to the RFP and four were selected for an oral interview. The interview team was made up of Cathy Baylock, Stan Vistica, Jim Nantell, Meg Monroe, and Maureen Brooks, the project manager foithe city. The team selected the firm Design, Community and Environment (DCE) located in Berkeley. DCE is a planning consulting firm with in house expertise in urban design and environmental analysis. They will coordinate thl work of idditional consultants in the areas of traffic and circulation, economics, visual imaging, biological analysis, and specialized environmental studies including noise. The affached Work Scof,e una p-j.rt Schedule outlini the range of tasks and the time line of the work program. The work is anticipated to iake 18 months and will include 5 community workshops. The first four workshops will be between September 2002 andJanuary 2003. The fifth workshop is scheduled for May 2003. The consultant cost is not to exceed $247, 400. One of the workshops proposed was to involve the stakeholders, residents and interested parties in a design charette for the planning area. The San Mateo County AIA expressed an interest through the Burlingame Chamber of Commerce in doing a design charette for the area as an AIA scholarship/operating funding fund raiser. The estimated fee for the AIA charette is $5,000 to $10,000. DCE indicated that they have experience with involving community members in design workshops and would include one as a part of their bid. The proposed bid does not include an AIA sponsored charette. If Council would like to have the AIA direct a thui.tt" for the planning area, the cost would be outside of this contract. In that case, DCE would assist with information, but the AIA would run the workshop. APRft.25. nrr*oin, oF xINTRACT wrrr DEsrGN, xnMMUNITrAND ENWRnNMENT FoR coNSwrING \ERWCE| ro PREPARE A PI,,ANNING STWY AND SPECIFIC AREA PLAN FOR THE NORTH END OF BURLINGAME MAY 6' 2OO2 City staffwill support the specific area planning program by identifuing data sources and noticing public meetings and woikshops, including making all documents available on the Planning Department's web page. The additional costs of materials includingprinting for this activity is reflected in the Planning Department's budget professional Services line item. Stafftime spent supporting the work including research, admlnistrative and participation hours will be absorbed as a part of our regular workload. Staffestimates the direct costs for ruppo.t of the SAP will not exceed $7,500. The Planning Commission will also support this planning activity by appointing a Subcommittee which will be available to assist the consultant throughout the project. Fiscal Impact: The cost of this contract is $247,400. If approved these funds will be transferred from the contingency reserves and the funds will be budgeted in FY 2001-2002. ATTACHMENTS: Resolution Authorizing Transfer of Funds Resolution Approving Agreement Agreement foiplanning Consultant Services between the City of Burlingame and Design, Community & Environment, with attachments work Scope and Project Schedule. CITY OF BURLINGAME APPROPRIATION TRANSFER REQUEST DATE: April 23, 2002 1 R EQUE T TRANS FE R OF APPROP R AT I ON AS LISTED BELOW:I AMTOBJTPROJFUND 247,&026115101 rofessional and alizedPlann210247,&01016zl4o0 FROM TO DATE:BY Justification (Aftach Memo if Necessary) Balance in Reserve after transfer: 237,600 DEPARTMENT HEAD DATEBY COUNCIL ACTION NOT REQUIRED FINANCE DIRECTOR 2.COUNCIL ACTION REQUIRED Remarks: DATEBY DISAPPROVEAPPROVE AS REVISED CITY MANAGER 3.APPROVE AS REOUESTED Remarks @ RESOLUTION- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING TRANSFER OF FUNDS FOR FISCAL YEAR 200142 RESOLVED, by the city Council of the City of Burlingame, that WHEREAS, the Department hereinabove named in the Request for Appropriation, Allotment or Transfer of Funds has requested the transfer of certain funds as described in said Request and WHEREAS, the Finance Director has approved said Request as to accounting and available balances, and the City Manager has recommended the transfer of funds as set forth hereinabove: NOW, THEREFORE, lT tS HEREBY ORDERED AND DETERMINED that the recommendations of the city Manager be approved and that the transfer of funds as set forth in said Request be effected. MAYOR l, ANN T.Musso, City Clerk of the city of Burlingame, do hereby certify that the foregoing resolution was introduced and was adopted thereafter by theat a regular meeting ofthe City Council held on the day of following vote: AYES: COUNCILMEMBERS NoES: couNcILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK L:\Forms & Templates\Transfer Request.doc OEPARTMENT Planning OESCRIPTION Reserve for Contingencies I I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AGREEMENT WITH DESIGN, COMMUNITY & ENVIRONMENT TO PREPARE A SPECIFIC AREA PLAI\ FOR TIIE NORTH END OF BURLINGAME AND AUTHORIZING THE CITY MAI\IAGER TO EXECUTE THE AGREEMENT ON BEHALF OF'THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City wishes to develop a specific area plan for the north end of the City; and WHEREAS, the City issued a request for proposals to some 80 qualified firms and received proposals from seven; and WHEREAS, following interviews, the City interview team recommended the selection of Design, Community & Environment as the firm best suited to develop the plan; and NOW, THEREFORE,IT IS RESOLVED AND ORDEREDI l. The Agreement between the City and Design, Community & Environment contained in Exhibit A hereto is approved, and the City Manager is authorized anddireoted to execute the Agreement on behalf of the City of Burlingame. 2. The Clerk is directed to attest to the signature of the Manager. MAYOR I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foresoins resorution wasrintroducellT""#f, il::itr : rffi:Hf ffi illd on the -dav of AYES: COUNCILMEMBERS: NOES: COLTNCILMEMBERS: ABSENT: COUNCILMEMBERS CITY CLERK STAFF REPORT Burlingame Public Library AGENDA trrm * 8j MEETINGDATE: 5-6-02 L April17,2002 TO: Honorable Mayor and City Council SUBMITTED BY FROM: Alfred Escoffier, City Librarian APPROVED BY: SUBJECT: Appointment of System Advisory Board Member Recommendation: Appoint Jane Dunbar, as Burlingame's representative to the Peninsula Library System, System Advisory Board for a two-year tenn, serving from July 1 ,2002 to June 30,2004. Background: The Peninsula Library System Advisory Board is a citizen advisory board, which offers input to the System Board of Directors on system policy, patron needs and other issues related to the cooperative library system. System Board members are chosen by City Councils of the home library city (or the Board of Supervisors for County Branches) to serve a two-year term. Outgoing SAB member, Mary Lou Morton, will complete her term on the SAB June 30, 2002 and is not seeking reappointment. Jane Dunbar has served the City in various capacities, including serving as a Library Trustee for 3 terms. She was a Trustee during the planning and construction of the new Main Llbrary, and was Chair of the Library Long Range Planning Committee in 1998. Jane will be completing her third term on the Board of Trustees June 30,2002 and does not intend to reapply for a Trustee position at this time. Jane is currently President of the Burlingame Library Foundation Board. The Library Board of Trustees unanimously endorsed Jane Dunbar for this position on the System Advisory Board. The Cify Council is requested to consider Jane Dunbar's appointment to the SAB Board, effective July 1,2002. STAFF REPORT Burlingame Public Library AGENDATTEM# 8k MEETINGpaIB3 5-6-02 April17,2002 TO: Honorable Mayor and City Council SUBMITTED BY: FROM: Alfred Escoffier, City Librarian APPROVED BY:/ SUBJECT: Request to Serve Alcohol at Library Foundation Function Recommendation: It is recommended that the City Council allow for the serving of alcoholic beverages at the Burlingame Library Foundation fundraiser to be held in the public areas of the Main Library on Saturday, October 19, 2002 from 6 PM to 10 PM. Background: The Burlingame Library Foundation has raised over $ 300,000 for the benefit of the city libraries in recent years. The Foundation has now turned its attention to funding the furnishing of the Easton Branch Library following its renovation next year. I have asked the Foundation to support $ 100,000 of the cost of funding the interior of the renovated building. The event will be promoted as: "The Elegant Affair Branches Out!" and all proceeds will go only toward the Easton project. The event will be by prepaid invitation only. The Foundation organizers intend to have cocktails, wine and substantial hors d'oeuvres for the event. It will include a silent auction and feature a well-known children's author. Books will be available for "purchase" by prospective donors to help build the collections at the Easton Library. This is the first of several fundraisers to be held for Easton. A second targeted fundraising by Foundation Board members will be focused on the Burlingame and Hillsborough communities beginning this summer. The Board of Trustees fully endorse this project and voted at their April 16th meeting to close the library two hours early that day to allow for preparations for the event. STAFF REPORT ro: IIONORABLE MAYORAI\D CITY COUNCIL DArE: Aprit 19r2002 FRoM: Rahn Becker, Assistant City Manager SUBJECT: Investment Policy Ior2N2 AGENDA 81ITEM# MTG. DATE 5-6-O2 SUBMITTED BY BY RECOMMENDATION: Approve the policy for 2002. BACKGROUND: State law requires the City Council to annually review and approve the policy for investment of City flrnds. No changes are recommended in the policy for 2002. The predominant activity during the past year has been to maintain liquidity to meet capital projects obligations. In recent months, the economic downturn has also suggested more liquidrty, given the drawdowns on our cash balances. ATTACHMENTS: Investment Policy CITY OF BURLINGAME STATEMENT OF INVESTMENT POLICY This statement contains guidelines for the prudent investnrent of the City's temporarily idle cash in accordance with Governrnent Code sections 53600, et. seq. and 16/,81.2. The ultimate goal is to protect the City's pooled cash while producing a reasonable return on investrnents. OBJECTIVES 1)Accurately monitor and forecast expenditures and revenues to insure investnrent of rnoneys to the fullest extent. 2)lnvest in a range of instruments to insure diversification of the City's portfolio. ACCE TNVESTMENT UMENTS Acceptable investrnents authorized for purchase by the finance directorftreasurer are: U.S. Government and Agency Securities (notes, bills or bonds of the U.S. Government and its agencies.) Certificates of Deposit (deposits placed with comnercial banks, savings and loan companies and/or thrift and loan companies, which neet the financial criteria established by the City.) Bankers' Acceptances Comrnercial Paper Demand Deposits PURPOSE 3) As a primary objective, safeguard the principal of funds. The secondary objective will be to meet the liquidity needs of the city. The third objective is to achieve a return on the investment of funds. 4l lnvestments will be in compliance with governing provisions of the law. STATETENT OF INVESTTENT POLICY PAGE 2 Money Market Funds/Mutual Funds Repurchase Agreenrents Passbook Savings Accounts Negotiable Certificates of Deposit (deposits with commercial banks and/or savings and loan companies which meet the financial criteria established by the city.) Local Agency lnvestment Funds (State Pool) County lnvestment Fund (San Mateo County Pool) Guaranteed lnvesfrnent Contracls (collateralized with Government Securities, physically delivered to an acceptable safekeeping account.) Corporate Medium Term Notes The State pool and San Mateo County Pool invests in additonal Government Code authorized investments that are not approved lor direct purchase by the finance director/treasurer. These pools shall provide a cunent investment policy and monthly reports for review by the finance director/treasurer. The finance directorltreasurer is authorized to invest in these pools provided they reasonably appear to be in conformance with their investrnent policies, which are attached for reference to this policy. REPURCHASE AGREETUIENTS - TERM LIMIT AND SAFEKEEPING State law requires that the maturity of any given instrurnent should not exceed five years unless specifically approved by City Council. Those over two years will be confined to U.S. Government and Agency securities. The City will require physical delivery of the securities backing the repurchase agreements to an acceptable safekeeping account of a third party in the City's nane (as stated in Code Section 53601i.) Repurchase agreernents will be used solely as short term investrnents not to exceed 30 days. MATURITY LIMIT RESTRICTION ON INVESTME NT POLICIES AND CITY CONSTRAINTS Section 53600 et. seq. of the State of California Government Code ouflines the collateral requirements for certain types of investrnents and also limits the percentage of total investments which can be placed in certain classifications. lnvestrnents must rneet the time schedules as indicated by the cash flow proiections of the City. lnvestnents will ordinarily be held until maturity unless an advantageous exchange or profit can be made. ln such cases, a documented analysis will be prepared and approved by the Finance Director/Treasurer. lnvestnent decisions will not be influenced by forecasts or speculation regarding interest rates. The actual level of interest rates at any given time weighed with the soundness of the institution or investment instrument will be the primary basis of consideration. CERTIF ICATES OF : INSTITUTION FINANCIAL REOUT REMENTS The city requires physical delivery of all negotiable securities to an acceptable safekeeping account at a designated depository. DELEGATION OF INVESTTENT AUTHORITY Pursuant to Burlingame Municipal code sec'tion 3.13.040 and Government code section 53607, the Finance Director/Treasurer is authorized to invest and reinvest noney ofthe City, to sell or exchange securities so purchased, and to deposit such securities for safekeeping in accordance with and subject to this investment policy. All institutions must have a minimum of $100 million in assets. lnstitutions have a demonstrated history of positive earnings and must carry a minimum 3.5olo equity ratio and must hold that ratio for at least one year prior to the City's investment. lnstifutions must also carry an '.A' rating from The Financial Directorv. All institutions must be located within the State of California. For collateralized or negotiable certificates of deposit, the institution must have a minimum 91 billion in assets, in addition to meeting the above criteria. Approved by City Council on: ATTEST: {l*wr/ 7Tbaaa cityalerk" , a'15-b-Ut- Manager AGENDA ITEM # MTG. DATE 5t6t2002 8m STAFF REPORT TO:Honorable Mavor and / BY DATE Aoril23.2O02 Larru E A Citv Attornev AUTHORIZE CITY ATTORNEY TO JOIN IN AMICUS CURIAE BRIEF IN CITY OF CARLSBAD VS. BAKER, CASE NO. D0391 12, AT NO COST TO CITY BY FROM: SLIBJECT: RECOMMENDATION: Authorize joinder in amicus curiae brief at no cost to the City in City of Carlsbad vs. Baker, which is now pending before the California Court of Appeal. DISCUSSION: An ongoing issue for all public agencies is the measurement of compensation that an agency is liable for when it seeks to acquire property through eminent domain. Recent cases have interpreted both the governing statutes and the Federal and State Constitutions on time of valuation and weight given to owner's estimation of value. The cases involved in this matter concern the valuation to be given to business that is being affected by a property acquisition. The two business tenants involved successfully argued that they should receive more than $1 million because the City of Carlsbad's road improvement project would probably diminish the life expectancy of their businesses. There was no actual taking of their businesses nor their assets, nor was any of the property actually occupied by the businesses to be taken. The actual property owners only received some $350,000 in total. The cases were an odd mix of public nuisance, inverse condemnation, and eminent domain. The appeal seeks to refocus on the actual property taken and to argue that nearby property cannot seek compensation foiproperty not directly involved in the project. Attachment April 9, 2002,letter from City of Carlsbad BONALD B. BALL CITY ATTOBNEY JANE MOBALDI ASSISTANT CITY ATTORNEY CINDIE K. McMAHON DEPUTY CITY ATTORNEY JULIA L. COLEMAN DEPUTY CITY ATTOFINEY 2 CITY OF CARLSBAD 12OO CARLSBAD VILLAGE DRIVE CABLSBAD. CALIFOHNIA 92008.1 989 (760) 434-2891 FAX: (760) 434-8367 RANDEE HARLIB SECRETARY TO CITY ATTORNEY ARDIS SEIDEL LEGAL SECRETAFIY,PAFALEGAL April 9, 2002 TO: CALIFORNIA CITY ATTORNEYS FROM: RONALD R. BALL, CITY ATTORNEY OF CARLSBAD clrY oF CARLSBAp V. BAKER. ET AL. (SAN DTEGO SUPER|OR COURT CASE NO. N-78249-1, COURT OF APPEAL NO. D039112, COURT OF APPEAL FOURTH APPELLATE DISTRICT, DIVISION ONE) MEMORANDUM ON WHY THIS CASE MERITS YOUR ATTENTION ISSUES: 1 Can anticipated growth and urbanization from a roadway improvement project be a basis for severance damage claim? (This is the broadest statement of the issue.) Are economic damages to tangible business assets, not physically taken or damaged, caused by the accelerated groMh and development of the area due to a roadway improvement project compensable? BRIEFING HEDULE The City of Carlsbad filed a notice of appeal with the superior court on November 15, 2001. The Reporter's Transcript on Appeal was fired March r,2oo2 and is approximately 2,500 pages. The City filed a Request to Extend Time for Filing Opening Brief to 90 days (to and including June 5, 2002) on April 3,2002, however, the Court has not yet acted on this request. FACTUAL OVERVIEW Two eminent domain cases brought by the City of Carlsbad were consolidated for trial.ln Citv of Carlsbad v. Baker, Baker owned approximately 7 acres of largely undevelopedland. Pam Koide dba Bird Rock Tropicals was a tenant on a small portlon of the Bakerproperty' Koide operated a commercial nursery business on the leased portion of theBaker property and an adjacent parcel. The City sought to acquire approxima tely 2.3acres of the Baker property, none of which was occufied or used by koide. I @ ln Citv of Carlsb d v. Rudvalis , Rudvalis owned approximately 5 acres of real property. Rudvalis operated a commercial nursery business on most of the Rudvalis property. The City sought to acquire approximately .05 acres of the Rudvalis property, none of which was occupied or used by the Rudvalis business. The City settled with the owners of the real property with respect to their claims for the fair market value of the property taken and the severance damages, resulting from the physical severance of the part taken from the larger parcel. Both businesses waived compensation for loss of business goodwill. Koide and Rudvalis proceeded to trial on their claims for strictly economic damages to their tangible business assets, including their improvements pertaining to realty, personal property, and business inventories (flowers). The settlements with the property owners for their real estate interests were in the sums of $5,000 for Rudvalis and $325,000 for Baker. The compensation awarded by the jury to the business owners for damages to their tangible business assets were in the sums of$1,503.791 forRudvalis,and$1,108,275forKoide. Theamountsawardedtothe businesses had no relation to the real property rights being acquired and, under Defendants' theory of the case and the theory'allowed by the court, would have been allowed even without a taking of real property, the business just being in the vicinity of the property. The City unsuccessfully argued that much of the business owners' evidence should be excluded as speculation. ln addition, the City unsuccessfully argued that such damages were not compensable as a matter of law. il. THE ISSUES The business owners obtained a substantial judgment in their favor awarding them compensation for, among other things, diminution in value to: 1) their personal property and inventory located on the remainder parcels; 2) their improvements located on the remainder parcels; and 3 their personal property, inventory, and improvements located on an adjacent property that is located in close proximity to the project. Historically, case law does not allow compensation to businesses along a commercial highway through town when the state creates a new highway project diverting traffic 2 I The business owners'claims were based on economic theory. The business owners introduced testimony that, as a result of the construction of the project, the "economic life" of their business, and therefore their tangible business assets, had been shortened from B to 10 years for Rudvalis and 6 to 8 years for Koide to 0 to 2 years. The business owners argued they were entitled to compensation for the diminution in value of their tangible business assets resulting from the intangible effects of the project (the accelerated urbanization under the Califomia Constitution and the Eminent Domain Law. around the town. Defendants' theory of the case is a variation on this theme, and if the judgment were to be afiirmed, would result in a reversal of this historical rule. Established case law recognizes that, as a general rule, economic injury to unaffixed, moveable personal property located on the property to be taken is not compensable. lf the judgment were to be affirmed, this case would recognize a dangerous exception that would eventually lead to the demise of the general rule. Older case law recognizes that economic damage to improvements located on the remainder parcel resulting from the intangible effects of a project is not compensable as severance damages. lf the judgment were affirmed, this case would represent a clear departure from former law that would radically expand the circumstances under which a property owner is entitled to an award of severance damages. Case law recognizes that the owner of property located on propsrty in close proximity to a public improvement is not entitled to compensation for the diminution in value to his or her property resulting from the intangible effects ofthe project absent "actual physical injury" or a "physical intrusion." lf judgment were to be affirmed, this case would open the floodgates for claims for strictly economic damages resulting from a project by owners of property in close proximity to a project. , ilt. SIGNIFICANCE TO CITIES IN GENERAL The State of California continues to increase its population, which is accompanied by groMh. The City of Carlsbad is one of the fastest growing communities in California. There is a general need to construct new infrastructure, including roadway projects, throughout the state. The need is particularly keen in the Southern California region. lf the judgment is affirmed, the costs to government to acquire property for its needs, and of constructing public improvements will skyrocket with a potentially chilling effect on the public's ability to construct its infrastructure or acquire property for any purpose. Not only can cities expect the owners of businesses located on remainder parcels to aggressively pursue claims for compensation for economic damages to their business assets that were heretofore deemed noncompensable, cities may expect the owners of businesses located on property in close proximity to a project to file inverse condemnation claims. tv. COMMON INTEREST The law of condemnation is said to be crafted out of a balance between the rights of owners to compensation for property that is taken or damaged for a public use and the right of the government to take private property to facilitate a public improvement. This case distorts the balance in favor of the owners of private property to the detriment of the public. lf lefl unchallenged, this case would heighten the costs of obtaining the land necessary to construct public projects so much that, in some cases, the public projects would never be built. Public policy dictates that the balance be restored. J I I v. HOW AN AMICUS BRIEF COULD HELP lf a number of cities joined in an amicus brief addressing one or more of the issues set forth above, the Court of Appeal may recognize the significant public policies involved. Strong support for the City's position would not only underscore the serious financial impact this case could have on local municipalities, but the chilling effect it would have on the public's ability to pursue public improvement projects. vt. FILING SCHEDULE As a general rule, the Appellant's Opening Brief will be due to be filed by the City within 40 days of the preparation of the record on appeal. The Legal Advocacy Committee has unanimously urged California cities to join in the amicus brief. (See attached). Richard Rypinski, of McDonough, Holland & Allen, an acknowledged expert in the field of condemnation law and previously chief counsel to CalTrans, is the brief writer. vil. CONCLUSION This case is unique in that it represents a three pronged assault on existing case law, which holds that cities are not required to compensate property owners for stricfly economic damages resulting from a public project. First, it would allow business owners to recover compensation for alleged economic losses to their unaffixed, moveable personal property located on remainder parcels even though they remain in business and there was no physical taking of any business assets or a portion of the business premises. second, it would allow business owners'to claim severance damages to improvements located on remainder parcels even though there was no physical damage to the improvements as a result of the severance of the remainder from the larger parcel or from the construction or use of the project. Thirds, itwould aiiow ousiness owners in close vicinity to the project to claim eionomic damages to their business even though no part of the real property upon which the busineis is located was taken for the project and even though there was no "physical touching" or"physical invasion" of their businesses occasioned by the project. Rnytning less than total reversal on all three issues on appeal will have a serioui and poientially devastating financial impact on the ability of cities to obtain the land necessiry to construct public projects. Accordingly, the city respectfully requests your support in the form of an amicus brief. 4 AGENDA ITEM # MTG. DATE 8n STAFF REPORT TO:Honorable Mavor and SUBMITTED DATE:Ani127 ?,OO) BY BY FROM Larrv E. Anderson- Ciw SUBJECT: AUTHORIZE CITY ATTORNEY TO JOIN IN AMICUS CURIAE BRIEF IN METROPOLITAII WATER DISTRTCT VS. SUPERTOR COITRT (CARGILL), CASE NO. 8148446,AT NO COST TO CITY RECOMMENDATION: Authorize joinder in amicus curiae brief at no cost to the City in Metropolitan Water District vs. Superior Court (Cargill), which is now pending before the Califomia Supreme Court. DISCUSSION: This case involves the determination of how an employee of private contractor can become a member of the California Public Employees Retirement System through application of common law principles rather than any statutory authority. The Metropolitan Water District had the practice of using private contractors to provide temporary labor or specialized services to meet their project and operational needs. The lower courts have determined that when those private employees become "common law employees" of the public agency through the nature of their interactions, they then become members of the CALPERS system, and the public agency is liable for all retirement benefits and contributions over the interaction with the private employee. The lower courts have articulated a very loose, subjective rule that will be open to a greatdeal of comrption and manipulation. The appeal to the Supreme Court seeks to restore a statutory, bright line to when a person is eligible for CALPERS and when a person is not. Attachment April 16, 2002,letter from Meyers, Nave, et al. meyers April 16, 2002 n o v e ribock silver & wilson prolesrlonol low torPorotion Arthur A. Hartinger Terry Roemer Attorney at Law 510.351,4300It,:tiE'ii*D n -': 1 \J i."',' l|... r. " -*,,,,n.,1.8 cl,?irli;':'' -;t Dear Colleague: Re: Request for Participation in Friends of the Court Brief Metropotitan Water District of Southern California, et al, v, Superior Court of California (Dewayne Cargill, et al, RealParties in lnterest) As many of you know, Meyers Nave is working with the League of California Cities to prepare a Supreme Court amicus curiie brief on behalf of California agencies that could be adversely impacted by the court of appeal's decision in Cargittv, Metropotitan Water District of Southern California, Art Hartinger and Terry Roemer of the Meyers Nave - Labor and Employment Group are preparing the brief, Dozens of agencies have already authorized their name to appear on the brief. Meyers Nave is preparing lhe Cargillbrief as a,public service on behalf of its clients, olher California agencies and the League of California Cities. Your agency will not incur attorneys' fees or other Costs by participating in this project Unless overturned by the Supreme Court, the Cargilldecision will require all CaIPERS contracting agencies to enroll workers who meet the "common law employee" definition in CaIPERS - even if those workers are paid and employed by private companies. By a 7-0 vote, the California Supreme Court granted review on January 23, 2002, The court of appeal's underlying decision at issue could likely impose significant unexpected operational, financial and administrative burdens on local public agencies throughout the state. For example, The ruling severely limits agencies' operational flexibility by limiting agencies' ability to use temporary labor for legitimate purposes such as capital improvement projects and various professional services. a The ruling imposes significant unexpected financial burdens on local public agencies. Most agencies have not factored into their budgets the cost of providing CaIPERS benefits to workers provided by private staffing and consulting firms. Because the court of appeal's ruling involved an issue of first impression, and CaIPERS has never promulgated regulations defining eligible employees to include these types of workers, the requirement comes as an unexpected surprise, with an unbudgeted fiscal impact. North Boy 0ffke Sonto Roso. (olifornio o Eosl Boy Oflke (entrol Volley Oflice 777 Dovis Street, Suite 300 . Son Leondro, (olifornio 945i7 . Telephone 5l 0.351 .4300 . Fox 51 0.351 .4481 o wr,/w.meyersnove.(om Slockton, (olifornio Public Agency April 16,2002 Page 2 The ruling also imposes signiflcant adminiskative burdens on local public agencies including determining the employment stalus of the worker and proper calculation of CaIPERS benelits for the worker. Determining whether a worker meets the definition of "common law employee," and thus is eligible for CaIPERS enrollment, involves consideralion of numerous factors dependent on the specific circumstances of the individual's working relationship with the agency, Because the worker is employed by a private company, the public agency must depend on the company to provide accurate reporting regarding the individual's compensation for purposes of determining CaIPERS contributions. The requirement of enrolling such individuals in CaIPERS will result in mandatory deductions from the individuals' paychecks for CaIPERS contributions, which may dissuade skilled workers who possess skills in great demand from offering their services to public agencies, Even though these individuals did not intend to become employees of the public agency, they will not be able to opt out of CaIPERS. a Our effort at Meyers Nave is supported by the League of California Cities and we anticipate that it will be supported by other public agency advocacy groups as well. We hope your agency will support this effort too, Please authorize us to add your agency to the long list of public agencies that will appear in the Supreme Court as an amici. Again, joining this effort involves no cost to your agency and only minimal effort, All you must do is obtain appropriate approval from your agency and complete and return the authorization form enclosed with this letter, We ask you to return the enclosed authorization by facsimile as soon as possible but no later than May 10, 2002. Thank you for considering this request. We look fonvard to receiving your authorization form. If you need further information, please call Terry Roemer or Art Hartinger at 5'10-351-4300 or email either of them. Very truly yours, MEYERS NAVE, RIBACK, SILVER & WILSON ^rn*l'r",, Arthur A. H rtinger Terry Roemer Enclosure EURLINGAME PUBLIC LIBRARY Burlingame Public Library Board of Trustees Minutes March l9r 2OO2 I. Call to Order The meeting of March L9,2oo2 was called to order by president Mary Herman at 4:30 pm. II Roll Call Trustees Present: Staff Present: Cecile Coar, Jane Dunbar, Andrew Gurthet, Mary Herman, Catherine McCormack Alfred Escoffier, City Librarian Sidney Poland, Recorder Lalry Anderson, City Attorney Kris Cannon t City Representation: Guest: .III IV Illarrants and Special Funds Trustees unanimously agreed to approve the warrants as presented. M/S/C (McCormack/Gurthet) Minutes The Trustees unanimously agreed to approve the minutes of the February 19,2OO2 meeting. M/S/C (Dunbar/Coar) Correspondence Correspondence mailed in the packets was reviewed VI.From the Floor There were not any comments from the Floor. Primrose Rood.Burlingomer,CA g4o ro 4og 3 ( 6 5 0 | 3 42 - I 0 3 8 o,F o,x ( 6 5 0 ) 3A2- 1 9 49. www.p r s.l i b. c o.us / p I s / R I s. h tm I V 480 Phone VII. Reports A. City Librarian's Report - Al Escoffier, the City Librarian, reviewed his report highlighting the following issues. 1. Budget 2OO2- Each operating department will decrease current year expenditures by at least 57o. Specifically, the Library will reduce its expenditures $46,000. In addition, fewer databases will be purchased but present subscriptions will be continued, half of the public computers will sti[ be replaced, and on-call hours for emergency fill-in staff will be limited. 2. Budget 2OOg - Negotiated personnel salaries will remain in place, capital projects will be limited and operating budgets will be trimmed to meet the budgeted amount for the Library. Easton renovation plans will continue as most of this project is being funded by the Marshall Trust.3. Easton Branch Project Status - The results of the public survey have been compiled and are available. Future steps in the development process are for the architect to produce a conceptual drawing; City Staff and the Library Project Team will contract with an architect for the project, and hire a construction manager to oversee the project.4. System Advisory Board Representatlon- Mary Lou Morton does not wish to be reappointed to the System Advisory Board when her term ends June 30, 2002. The Trustees need to recommend a candidate to City Council before this time. B. Foundatlon Report - To be discussed under Old Business C. Duncan Trust - (attachment c) The City Librarian prepared a compilation of the Duncan Trust for the year 1997 -2OOl for the Trustees. He noted that approximately $555,584 of the endowment cannot be touched. Interest from the endowment can be used for Library projects subject to recommendation by the Library Board of Trustees and approved by the Peninsula Community Foundation. Library Board of Trustee Minutes March 19, 2002 2 vu.Unflnished Business A. Patriot Act - Larry Anderson 1. The Trustees revisited the two major privacy issues of the Patriot Act, which would affect Library procedures. One, should the Library post signage informing patrons that material selected and viewed on the Internet/e-mail could be monitored by a government agency and two should the Library continue to have patrons make reservations to use the Internet/ e-mail? 2. The City Librarian noted that the Library staff found keeping manual records of patron Internet reservations to presently be the most eflicient way to manage patron usage. These records must be kept for two years in accordance with State Law and are also subject to government review or seizure. 3. Trustee Dunbar inquired if the Library should post a sign regarding possible Internet/e-mail monitoring by a government agency. The City Attorney felt that it was a good policy to let people know that the material viewed on the Internet/e-mail can be subject to government review or seizure. He also noted that the Library is not required to post a sign; one sign is satisfactory. 4. Trustee McCormack suggested that a fact sheet of the Patriot Act be made available to the public. 5. The City Librarian will inform other libraries in the PLS system how Burlingame Library has addressed the privacy issue. 6. Trustee McCormack made a motion that the Library post a simple sign at the Internet stations advising patrons that what they view on the Internet/e-mail may be subject to monitoring by a government agency and that a fact sheet is available for those who want more information about the Patriot Act. M/S/C (McCormick/Dunbar) 7. Trustee Dunbar made a motion that the Library will continue to take and maintain Internet reservations for 2 years. M/S/C (Dunbar/Gurthet) B. Foundation Report - Dunbar Elegant Aflair 2OO2 The Foundation Board will meet Thursday, March 21"t and set a date for this event. Based on a recent circulation and traffic report for a regular Friday and Saturday, it appears that Saturday would be a better day to close early. There is a concern that the Jewel Bail to be held on October 19th may conflict with the Elegant Affair. Jane Dunbar felt this matter should be brought to the attention of the Foundation Board. Library Board of Trustee Minutes March 19,2002 3 IX. New Business A. SAB Appointments Trustee Dunbar whose term as a Library Trustee expires June 30, 2002 expressed a possible interest in this position but could not give a lirm commitment at this time. The Board agreed to table this matter until the Apnl 2OO2 meeting. B. Joint Board/Council Meeting Agenda - This meeting has been postponed until further notice. X. Announcements A. There will be a budget study session on March 28th in the Lane Room. Part Harding will represent the Library. B. The Friends April book sale has been postponed. The on- going book sale has been so successful that there are not enough books for a two-day sale. C. The merger of the Friends and Foundation is presently on hold until the Friends resolve their tax situation with the IRS. XI. Adiournment The meeting was adjourned at 5:30pm. M/S/C (McCormack/ Coar) The next meeting of the Library Board of Trustees is scheduled for Aprit 16, 2OO2 at 4:30pm in the Library Conference Room. Respectfully Submitted Alfred H. Esco City Librarian Library Board of Trustee Minutes N.4arch 19, 2002 er 4 The City of Burlingame CITY HALL. 5O1 PBIMBOSE ROAD CALTFORNTA 9401G.3997 www. burlingame.org TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April 1 1,2002 Commissioners Present: Jim Mclver, Chair Jim Evans, Vice Chair Russ Cohen Lisa De Angelis David Mayer Commissioners Absent None Staff Present: Staff Absent Visitors: Frank Erbacher, Assistant Director of Public Works Dawn Cutler, Traffic Sergeant, Police Department Doris Mortensen, Administrative Secretary, Public Works None Corine Hubsher, 9 Dwight Road, Burlingame James Peters, 18 Bloomfield Road, Burlingame Sonya Peters, l8 Bloomfield Road, Burlingame A. Aulf, 22 Bloomfield, Burlingame Robin Richardson, 460 E.196 Ave. #6, San Mateo Joe Cowan,1657 Rollins Road, Burlingame Mark Wong, 1309 N. Carolan Avenue, Burlingame Grycuk Ryslard, 1309 Rollins Road, Burlingame Mo Kimdazi,1307 Rollins Road, Burlingame W. Ostertag, 1305 Rollins Road, Burlingame Mike Harvey, I100 Carolan Avenue, Burlingame Kevin Washburn, 1100 Carolan Avenue, Burlingame John Roman,2839 Arguello Drive, Burlingame Danielle Roman, 283 9 Arguello Drive, Burlingame Dean Zluabaysh, 2843 Arguello Drive, Burlingame Frank Merrill, 1808 Magnolia Avenue, Burlingame Esfie Portyarsky, 1810 Magnolia Avenue, Burlingame John Morch, 1800 Magnolia Avenue, Burlingame TRAFFIC, SAFETY AND PARKING GOMMISSION Meeting Minutes - Unapproved Thursday, April 1 1,2002 Visitors (cont'd)Anng Koujacjhk, 1812 Magnolia Avenue, Burlingame Linda Abbey, 2415 Adeline Drive, Burlingame Christopher Mufloz, 1428 Vancouver Avenue, Burlingame The City of Burtingame Page2 I TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April 1 1, 2002 1. CALL TO ORDER. 7:00 p.m. by Chair Mclver. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL: 5 of 5 Commissioners present. 4. CURRENT BUSINESS. 4.1 ACTION ITEMS. 4.1.1 Minutes for February 14,2002, were submitted and approved. Minutes for March 14,2C[Jl2 were submitted for record purposes only since there was no quorum for this meeting. 4.1.2 1710 Trousdale Drive - Red Cross requests Relocation of Existing Green Zone Mr. Erbacher advised that the petitioner had changed their request from a red zone to relocation of the green zone which has been completed. 4.1.3 Installation of a Green Znne on Bloomfield Road north of Peninsula Avenue The preschool owner obtained a copy of a blueprint of the property which indicates that the property next door at7l0 Peninsula Avenue is part of their parking area; and since the residents will be moving out in a month, the preschool will not need a green zone at all and withdrew this request. 4.2 DISCUSSION ITEMS. 4.2.1 1240 Paloma Avenue - lrtter regarding Blue Handicapped Zone Mr. Erbacher had measured the site and there is limited parking in the driveway. fire .esident could drive to his parked truck or modiff the garage to accommodate more space. Comm. Mayer suggested the resident could park his truck crosswise in the driveway, too. This will be continued to next month since the petitioner was not present to submit testimony. 4.2.2 1100 Carolan - Letter regarding maintaining existing 2-hour parking and adding 2-hour parking along new curbing Petitioner, Mike Harvey, stated 2-hour parking signage exists now but it is unenforced; and local employees park all day there. They need parking availability for their customers. New curbing has been added with the new construction which allows more parking spaces, especially if Carolan Avenue northbound lanes were narrowed just south of Broadway. Sgt. Cutler advised that the parking limit is not properly signed so they cannot issue tickets. Mr. Erbacher advised that two parking spaces could be added; and it should be a two-hour limit, but an ordinance is needed to effect the 2-hour limit. It was moved and seconded (Comms. Mayer/Evans) to move this to an Action item immediately. Unanimously approved by the Commission. It was then moved and The City of Burlingame Page 3 TRAFFIG, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April 1 1,2002 seconded (Comms. Mayer/Evans) to recommend to Council to effect a 2-hour parking limit and install proper signage. Unanimously approved by the Commission. Mr. Erbacher advised that the ordinance will be introduced at the May 6fr Council meeting. 4.2.3 1657 Rollins Road - Request for Red Zone Extensions, including Fronting 1663 and 1675 Rollins Road and Relocation of Red Curb Opposite 1660 and 1634 Rollins Road Petitioner, Mr. Cowan, stated they have 30 vehicles, and cars parked to the left of their driveways block their site when exiting. Their health and safety organization evaluated the site and requested the existing red zones be extended the fulI length of the block, especially since Rollins Road traffic moves faster than the posted 35 mph. Mr. Cowan requested that their health and safety organization be able to attend the meeting next month to make a formal presentation. Mr. Erbacher advised that most driveways along Rollins Road have a 7O-foot red zone on the left side enabling good visibility in exiting. This site doesn't have a continuous red zone. The south driveway has the biggest problem when trucks park to the left and some even use the red zone to park. It was moved and seconded (Comms. Evans/Mayer) to move this item to an Action item immediately. Unanimously approved by the Commission. This will be an Action Item next month. 4.2.4 1309 North Carolan Avenue - Request for Red or Yellow Zone at Rear of 1305 and 1309 Rollins Road The petitioner, Mr. Wong, stated there is an alley between 1309 and 1313 Rollins and he has truch/trailers 63 feet long which have trouble turning into the alley; so adding a yellow zone would make it easier for them to pull in and out. From the floor, Manager of 1309 Rollins Road stated he has six spaces for his customers so his six employees park elsewhere. He disagrees with removal of parking spaces. Manager of 1307 Rollins Road stated they need spaces for employee parking. Manager of 1331 Rollins Road submitted a written note disagreeing with adding a red or yellow zone. The original developer of the property, LJ05-1331 Rollins Road, explained that there are six businesses sharing this site with 38 parking spaces on site and an average of 25-30 employees. He estimates that there are 100 customers a day. He feels that a red or yellow zone causing the loss of three or four spaces would be very bad and recommends denial of request. Manager of 1335 Rollins Road stated parking is a problem now and to eliminate spaces to accommodate semis is wrong. Mr. Wong stated he needs two spaces and that two cars have been left parked there for a long time. Comm. Evans wants to visit the site before he discusses the request. This will be a Discussion Item next month. Mr. Erbacher advised that staff will re-notice the neighborhood for next month's meeting. The City of Burlingame Page 4 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April I 1, 2OO2 4.2.5 Arguello Drive and Sebastian Drive - Request for 3-Way Stop Signs The petitioner, Mr. Roman, reiterated that there are numerous blind spots at this intersection; and with increased traffic from Trousdale Drive and elementary students walking to school, it is a hazardous intersection. Mr. Erbacher advised that a bush at the corner of the temple property needs trimming and he will follow up on getting that done. He recommends approval of this request because ofa site distance problem at this intersection. Sgt. Cutler stated she agrees with this recommendation. It was moved and seconded (Comms. Evans/Mayer) to recommend to Council to install a 3-way Stop sign at this intersection. Unanimously approved by the Commission. Mr. Erbacher advised that staff will notice the neighborhood for the Council action meeting. 4.2.6 Dwight Road at lrxington Way - Request for i.op Sign Mr. Erbacher advised that the percenfile speed is at 30 mph, some of the traffic was at 37-38 mph. He stated that he will be working with the petitioner looking at traffic-calming techniques to slow down the traffic. He also recommended adding speed limit signage. Officer Witt was present and stated that the accident at this site was a freak accident and that most of the traffic travels at just under 30 mph. Enforcement is difficult since it is not included in the Speed Survey. He recommended enforcement and education. Mr. Erbacher advised that he is meeting with the petitioner tomorrow. This item will remain as an Acknowledgment Item. 4.2.7 2415 Adeline Drive - Letter regarding Traffic Concerns related to Sisters of Mercy Locale The resident stated drivers are straddling the centerline and is concerned about safety since there have been several accidents and many near-accidents. Officer Witt advised that where the road bends it is somewhat deceptive and the lane appears narrower. He also stated that drivers who straddle centerlines are citable if it occurs within 100 feet of an intersection. Comm. Mayer stated that this is a police issue, and they have been lidvised. Mr. Erbacher stated he would check the Vehicle Code for sections that do allow citations. 5. ACKNOWLEDGMENT OF NEW ITEMS. 5.1 Increased Traffic on Trousdale Drive due to Millbrae BART Station Opening Mr. Erbacher advised that this petitioner isjust sharing his thoughts on the subject. No action required. 5.2 Request to change 2-Hour Parking Spaces to 20-Minute Spaces on East Side of 1800 Block of Magnolia Avenue The petitioner stated that since the yoga site opened, yoga students use the 11 parking spaces in front of their stores for two hours at a time. The small businesses on this block live and die by their customer's ability to park close to the business; so they are asking that the time limit for the 1l parking The CW of Budingame Page 5 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April 1 1, 2OO2 spaces be changed from two hours to 20 minutes. Many of the their customers are elderly who are just dropping off or picking up so are only there 15 to 20 minutes. They have asked the yoga instructor to ask her students to park in the parking lot, but to no avail. One store manager stated his business has dropped 50% since the yoga site opened. Customers go elsewhere if they can't find convenient parking. Comm. Evans advised they will view the site to discuss at the next meeting. 5.3 Petition from Bayswater & Howard residents requesting a traffrc study of the area to determine whether trafhc-calming measures are warranted Sgt. Cutler submitted their Selective Enforcement resrlts which showed that 8 citations on Bayswater and 16 citations on Howard were issued. Mr. Erbacher advised that this item is awaiting the Residential Traffic Calming Program to take effect. 5.4 Howard Avenue - Speed and Trucks (e-mail) Mr. Erbacher advised that this item is awaiting the Residential Traffic Calming Program to take effect. 5.5 1300 Block of Vancouver Avenue - Speed Concerns (petition) Mr. Erbacher advised that this item is awaiting the Residential Traffic Calming Program to take effect. 6. FROMTHEFLOOR 6.1 Mr. Mufloz stated that the curb cut at Peninsula Hospital on El Camino Real looks like a used car lot since the 'No Parking" sign was removed (the pole is still there). Mr. Erbacher advised that he will find out if this is a Caltrans issue. 7. INFORMATION ITEMS. 7.1 From Staff to Commission 7 .1.2 Traffic Engineer's Report Mr. Erbacher advised that the preconstnrction meeting for Carmelita and Morrell signals was held so construction should start soon. Mr. Erbacher remarked on the Timeline and Agenda & Procedures schedules distributed last month which show how staff will work on expediting traffic requests through the Commission. 7 . I . 3 Staff Action Log submitted . 7.2 From Commission to Staff 7.2.1 Reports of citizen complaints or requests - None. The City of Bulingame Page 6 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, April 1 1, 2002 7.2.2 Comments and communication Chair Mclver and Mr. Erbacher attended a City of Millbrae meeting to discuss BART impacts, a venue where both cities address mutual concerns. Chair Mclver will arrange for a BART tour of the Millbrae facility for commissioners and staff. 7 .2.3 Expected absences of Commissioners at the Thwsday, May 9, 2002 meeting Comm. Mayer advised that he will be out of town on vacation next month. 8. INACTIVE ITEMS. 8.1 Request for traffic control on Dwight Road 8.2 Millbrae BART Station - Potential Impacts on City streets 8.3 Request for speed limit and truck weight limit enforcement, a traffic signal on Trousdale Drive at Skyline Boulevard, STOP sign on Trousdale Drive at Loyola Drive and STOP sign on Trousdale at Quesada Way. Results of Traffrc Data Gathering - Speed limits Sgt. Cutler submitted their Selective Enforcemenl results which showed tllu;t 49 citations and 17 warnings were issued. 9. AGENDIZE FOR THE NEXT MEETING 4.2.1 continued as Discussion Item 4.2.3 to Action Item 4.2.4 to Discussion Item 4.2.6 continued as Ack-nowledgment Item 5.2 to Discussion Item Chula Vista Letter to Acknowledgment Item 10. ADJOLJRNMENT. 8:40 p.m. The City of Budingame Page 7 CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA Monday, April22,2002 Council Chambers I. CALL TO ORDER Chairman Vistica called the Monday, April 22,2002,regular meeting of the Planning Commission to order at7:02 p.m. II. ROLL CALL Present: Commissioners Auran, Boju6s, Brownrigg, Keighran, Keele, Osterling and Vistica Absent: Commissioners: None StaffPresent: City Planner, Margaret Monroe; Senior Planner, Maureen Brooks; City Attorn ey, Larry Anderson MINUTES The minutes of the April 8, 2002 meeting regular of the Planning Commission were approved as mailed. APPROVAL Of,'AGENDA There were no changes to the agenda. FROM THE FLOOR There were no public comments. STUDY ITEMS 2303 TROUSDALE DRIVE - ZONED R.l _ APPLICATION FOR CONDITIONAL USE PERMIT AMENDMENT FOR A PRIVATE NON-PROFIT SCHOOL ON AN EXISTING SCHOOL SITE (ERUDITE-HOPE TECHNOLOGY GROUP, APPLICANT; I(ASTROP GROUP, INC., ARCHITECT; BURLINGAME ELEMENTARY SCHOOL DISTRICT, PROPERTY OWNER) PROJECT PLANNER: ERIKA LEWIT CP Monroe presented a swnmary of the staffreport. Commissioners asked: what time in the morning do the various classes at Franklin Elementary begin in the morning? If the new class is to be held in the computer lab, where will the lab be relocatei, witl it be within the leased area? How will the traffic generated by the change compare to the current traffic generated by this use and the school; how does the additional traffic affect the congestion experienced at Franklin at the start of the school day now? Does the proposed 9:15 a.m. start conflict with the Franklin classes that begin at 9:30 a.m.? Has the principal at Franklin been consulted about the change in start time? Have there been any complaints about the current student drop off/pick-up practices? There were no further questions. This item was set for the consent calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:10 p.m. 2. AMEND REGULATIONS TO EXTEND SECOND []NIT AMNESTY PROGRAM PROJF,CT PI,A : MARGARET IVIONROtr CP Monroe presented a sunmary of the staff report, noting that this request was just to extend the present program so that the momentum created will continue. After the Housing Element is updated, the Second Unit program will be reviewed more completely and more extensive revisions to the program will be considered. III. vI. IV. v. 1. \-. City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 Commissioners asked: could the extension be for 2 years rather than the 5 years proposed? How are we promoting this program? Want to extend program in order to support and encourage it, but also want to be : clear that still intend to review and consider modifications to make it better. Chairman Vistica set this item for action at the next Planning Commission meeting, May 13,2002. This item concluded at7:16 p.m. vII.ACTION ITEMS Consent Calendar - Itums on the consent cqlendar are considered to be routine. They are acted on simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the Commission votes on the motion to adopt. Chairman Vistica asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 3A. 330 CLARENDON ROAD _ ZONED R.I _ APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (JOHN STEWART, STEWART ASSOCIATES, APPLICANT AND ARCHITECT; JERRY AND JORDANA PEIL, PROPERTY OWNERS) (69 NOTICED) PROJECT PLANNER: CATHERNE KEYI,ON 38. 1320 SKYVIEW DRIVE _ ZONED R.l - APPLICATION FOR ONE YEAR EXTENSION OF AN APPROVED DESIGN REVIEW AND SPECIAL PERMIT FOR AN ATTACHED GARAGE FOR A FIRST AND SECOND STORY ADDITION (SAMUEL AND ELAINE WONG, APPLICANTS AND PROPERTY OWNERS; JOHN MATTHEWS ARCHITECTS, ARCHITECT) (44 NOTICED) PROJECT -PLANNER: RUBEN HURIN C. Osterling moved approval of the consent calendar based on the facts in the staff reports, commissioners comments and the findings in the staff reports with recommended conditions in the staff reports and by resolution. The motion was seconded by C. Keighran. Chair called for a voice vote on the motion and it passed 7-0-0. Appeal procedures were advised. This item concluded at 7:16 p.m. VIIL REGULAR ACTION ITEM 4. 1540 HOWARD AVENUE - ZONED R-l _ APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (JOHN STEWART, STEWART AND ASSOCIATES, APPLICANT AND ARCHITECT; EARL GUSTAFSON, PROPERTY OWNER) (63 NOTICED) PROJECT PLANNER: SEAN O Reference staff report,04.22.02, with attachments. SP Brooks presented the report, reviewed criteria and staff comments. Five conditions were suggested for consideration. Commissioners had no questions of staff. Chairman Vistica opened the public hearing. Earl Gustafson, 1540 Howard, property owner represented the project. He noted that in working on the design they extended the rear wall 2 feet inorder to be able to include an oversized bath tub. They also increased the dormer to break up the wall along the driveway and added knee braces; relocated the bedroom window to allow for the larger dormer. There were no other comments from the floor and the public hearing was closed. 2 City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 C. Boju6s moved to approve the application based on the finding that the applicant had met the requirements of the design review criteria by resolution with the conditions in the staffreport: l)that the project shall be built as shown on the plans submitted to the Planning Department date stamped April 1 1,2002, sheets Al - ,{6, and that any changes to the footprint or floor area of the building during construction or following this construction shall require an amendment to this permit;2) that any changes to the size or envelope of the basement, first or second floors, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review;3) that the conditions of the Recycling Specialist's, Chief Building Official's and City Engineer's March 18, 2002, memos shall be met;4) that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction PIan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and5) that the project shall meet all the requirements of the California Building Code and California Fire Code, 1998 edition, as amended by the City of Burlingame. The motion was seconded by C. Keighran. Discussion on the Motion: Want to thank the a-pplicant for being so responsive to the commission's concems. Chairman Vistica called for a voice vote on the motion to approve the design review. The motion passed on a7-0-0 voice vote. Appeal procedures were advised. This item concluded at 7:22p.m. 5. 1534 MEADOW LANE _ ZONED R.l _APPLICATION FOR DESIGN REVIEW, FRONT AND SIDE SETBACK VARIANCES, AND PARKING VARIANCE FOR SUBSTANDARD COVERED PARKING SPACE LENGTH FOR A FIRST AND SECOND STORY ADDITION (BRIAN LILES, MICHAEL STANTON ARCHITECTURE;APPLICANT AND ARCHITECT; STEVE ALMS, PROPERTY OWNER) (62 NOTICED) PR PLANNER: SEAN O,ROURKE Reference staff report,04.22.02, with attachments. SP Brooks presented the report, reviewed criteria and staff comments. Six conditions were suggested for consideration. Commissioner noted that the staffreport includes a variance for the second floor setback but it seemed in the presentation that the excepion had been eliminated, could you clariff. Staffnoted that the second floor setback at the front ofthe house was reduced with the changes to the design from the originai submittal, but not eliminated. There were no further questions of staff from the commissioners. Chairman Vistica opened the public hearing. Steve Alms, 1534 Meadow, and Michael Stanton, architect, represented the project. They reviewed the changes made to the design, noting them on some exhibits prepared which demonstrated the relationship ofthe house and its placement relative to the required setbacks existing trapezoidal lot, and curved street frontage. They noted how they changed the east fagade to break up the continuous wall and relocated the second story back to break up the massing on the east and south sides of the house. Since there never was a fireplace with chimney, which is a typical residential feature, they created the same by collecting the vents in a single chimney like structure. Felt that working with the design review consultant was constructive. Commissioners asked: concerned about the hardship on the property for the second story front setback exception; applicant noted that the existing two story houses on the block either have no second story setback or canteliver over the first story the proposed massing is a close as can get to required setback and meet the desirable interior use, the proposed setback meets or exceeds that of the other houses on the block, the shape of the lot presents a problem of how to get the stairs to the second floor on the interior. aJ \-, City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 Commissioner noted that this is new construction, a lot of house to build over, why can't the second floor front setback be met? Did not want to demolish the back part ofthe house, so using the existing open court -.yard at the right of the entrance for the expansion on the first floor, moving the addition back would require framing throughthe middle ofthe existing house instead ofusingthe existing livingroomwall, also removal ofthe new furnace and all the new ducting installed about a year ago, would add to the cost of construction to point of demolition of the house, client would not stay in the neighborhood. Commissioner noted that economic issues do not constitute a hardship for a variance, findings should be based on physical attributes of the property. Applicant noted that the trapizodal shape of the lot affected the size of the side setbacks making them greater than required of other houses on the street, although from the front the lot appeared to be the same width as others on the block. Commissioner noted that the decidious Japanese maple suggested for the front did not have a substantial enough growth pattem to screen the second satory addition from the street, would the applicant consider a small to medium scale evergreen tree? Yes. Commissioner noted that the plans have a "freehand" look to them. Architect noted that they were comfortable that they can deliver what is shown on the plans, they are not schematic; it was noted for example that while all the windows would be replaced they would be double hung without divided lights as drawn, on the east side the windows were replaced to fit the scale of the structure as suggested. Commissioner noted concem about the mass of the house at the front, when there was a lot of area at the rear to build over, also would eliminate the front setback variances. Architect noted that the addition as proposed would stabilize the house, use post-beam construction, in filled area would be tied to existing house to reinforce it as well, moving mass to the center would caste shadow on rear yard, as is proposed roof would caste shadow on itself. Mr. Alms noted that when on site with design reviewer noted that if move second story to further back would line the windows up with the neighbor's bedroom and bathroom, having a greater impact on the neighbor. He submitted letters of support from the neighbors. Commissioner asked ifwould consider adding a window in the second floor closet at the front to balance the window pattern on the front fagade. Architect noted that that *as a - good idea, and could add as a condition if commission wished. There were no further comments from the floor and the public hearing was closed. Commission discussion: this is an unusual shaped lot and the applicant has done a good job of fitting the house in within the setbacks, would like to see the second floor front setback go away, Meadow Lane is a tight street with a small cul-de-sac radius, design reviewer seems to have gone over this application thoroughly. Think can find for the variances because of the shape of the lot and its location on the cul-de- sac, expiains why the design is as it is, other two story houses on the block are flush with the first story with no second floor setback, could find for this variance. Variances for existing garage, side setbacks see justification based on the lot and other lots, problem is the second floor setback request. C. Keighran noted house is consistent with the neighborhood but the second floor makes the cul-de-sac seem closed in, seems there are options to meet the second floor setback, so moved to deny the project without prejudice because there are no findings for the second floor setback variance. The motion was seconded by C. Bojuds. Comment on the motion: odd shaped lot justifies other setbacks but not clear about the new second floor, however am concemed about the impact of the second floor on the neighbor if it is moved back, on the first floor front setback encroachment is post of front porch, would not want to have porch removed because of impact on design. Feel that the shape of the property addresses the findings for granting avariance, would note that one finding is unreasonable property loss, and that seems to address the second floorlocation since it is related to the shape of the lot and the existing neighbor. Feel can support because of the shape of the lot , and the curve at the front, the alternatives considered for the second floor, and the design resolution, as welJ as continuity of the rest of the neighborhood, nice massing and articulation of the design. Feel that with 4 \-, City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 articulation the corner that intrudes will have a minimal impact, variance is not so bad because of lot shape and front articulation provided. Chairman Vistica called for a roll call vote on the motion to deny without prejudice. The motion failed on a 2-5-0 (Cers. Auran, Brownrigg, Keele, Osterling and Vistica dissenting ). CA Anderson noted that an action could be conditioned so that the two front setback variances run with this house, and would not carry to a replacement of this house or any other future addition. C. Osterling moved approval for the reasons stated in the record by resolution with three additional conditions: that the landscape plan be amended to replace the Japanese maple in the front yard with a small to medium sized evergreen chosen from the planning department tree list; that a window, in proportion to the other windows on the second floor, be added in the closet at the front to add balance to the front fagade; and that the two front setback variances on the first and second floor shall apply only to this addition and shall expire if further additions are made to the front of the house or the house is ever demolished; and the conditions included in the staff report: l) that the project shall be built as shown on the plans submitted to the Planning Department date stamped April 8, 2002, sheets.Al.l - A3.4 including all the finish materials as shown on the plans, and that any changes to the footprint or floor area of the building shall require an amendment to this permit; that a window, in proportion with the proposed second floor windows, shall be added on the second floor front fagade to balance the window pattern; and that the landscape plan shall be amended to replace the Japanese Maple tree in the front yard with a small to medium sized evergreen tree to be selected from the Planning Departrnent tree list; 2) that any changes to the size or envelope of the basement, first or second floors, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review; 3) that the conditions of the City Engineer's, Chief Building Official's, and Recycling Specialist's January 14,2002, memos shall be met; 4) that two 24-nchbox size landscape trees shall be planted on the property; 5) that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction Plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 6) that the two front setback variances on the first and second floor shall apply only to this addition and shall expire if further additions are made to the front of the house or the house is ever demolished; andT) that the project shall meet all the requirements of the California Building Code and California Fire Code, 19g8 edition, as amended by the City of Burlingame. The.motion was seconded by c. Auran. Chairman Vistica called for a roll call vote on the motion to approve with added conditions. The motion passed on a 5-2 vote (Cers. Bojues and Keighran ). Appeal procedures were advised. This item concluded at 8:04 p.m. 6.1205 BURLINGAME AVENUE - ZONED C-1, SUBAREA A _ APPLICATION FOR COMMERCTAL DESIGN REVIEW AND VARIANCE FOR NUMBER OF SIGNS AND SIGN HEIGHT (SEPHORA PROPERTY DEVELOPMENT, APPLICANT; THOMAS BOND, THOMAS BOND & ASSOCIATES, ARCHITECT; KARP FAMILY TRUST, PROPERTY OWNER) (43 NOTICED) PROJECT PLANNER: KEYLON Reference staff report,04.22.02,with attachments. CP Monroe presented the report, reviewed criteria and Planning Department comments. Six conditions were suggested for consideration. Commissioners noted that there is some confusion as to which blade signs count on each frontage. CP Monroe clarified that both 5 \-, City of Burlingame Planning Commission Unapproved Minutes April22, 2002 sides of the Sephora blade sign located at the comer of Burlingame and Lorton Avenues count toward the secondary frontage on Lorton even though one side can be seen from Burlingame Avenue. Chairman Vistica opened the public hearing. Tom Bond,14471 Chambers Road, Tustin, CA, project architect, presented an old photograph of the building and a rendering of the proposal for commission's review, and noted that the current proposal looks remarkably like the original building. Commissioners asked: what do the projecting light fixtures at each letter look like; regarding the two projecting light fixtures proposed at the two arches along Lorton, could they be lowered to the center of the horizontal feature of the arches, would match focus of arch at the hotel entrance; in the photo of the original building, the arches are recessed, will they be recessed now; elaborate on the hardship for the variance requested for the number of signs. The project architect noted that the light fixtures to illuminate the lettering consist of a stem one inch in diameter that is l8 inches long with a light fixture at the end; at the height proposed the fixtures will be almost invisible; the location of the light fixtures on the arches is arbitrary, but he felt it would be better if it were higher than eight feet so it would be less of a temptation for kids to jump up ol throw things over; a nine foot height is proposed, the idea is to illuminate the plaque sign below; the arches will be recessed by almost a foot; regarding the hardships on the property, the hotel gobbled up a large portion of the allowed signage, there is reduced visibility at this corner because of the street trees and foliage; visibility is limited for pedestrians, there is no ability for pedestrians to locate the tenant without the use of the blade signs; the logos on the arches on Lorton are there to provide a visual element to the archways. There were no further comments and the public hearing was closed. C. Keighran 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 and date stamped March 25,2002, site plan, floor plans and April 17, 2002 building elevations; 2) that there shall be 5 signs along the Burlingame Avenue (primary) frontage: l) 29.16 SF wall sign above entry; 2) 3.7 5 SF awning sign above entry; 3&4) blade sign, (each side counted as one 6 SF sign), 12 SF total; and 5) existing 14.66 SF hotel blade sign (one side only, double sided sign, one side is counted toward each frontage); 3) that there shall be 6 signs along the Lorton Avenue (secondary) frontage: l) 3 SF window sign; 2) new 3 SF window sign; 3) new 7.56 SF wall sign;4 &5) new blade sign, each side counted as one 6 SF sign, l2 SF total; and 6) existing 14.66 SF hotel blade sign;4) that the basement area shall not be accessible from the Sephora tenant space and shall bc-actbssible only from an exterior door at the rear of the property, the basement area shall be used for storage for on-site businesses only; 5) that the conditions of the Recycling Specialist's memo dated March 19,2002 and Fire Marshal's memo dated March 18,2002 shall be met; and 6) that the project shall meet all the requirements of the Califomia Building and Uniform Fire Codes, 1998 edition, as amended by the City of Burlingame. The motion was seconded by C. Boju6s. Commissioners noted that the hardship was well articulated by the applicant, there are already signs for the hotel, building is shared by two tenants so signage is shared; the signs as presented are nicely balanced, simple yet elegant; the amount (SF) of signage is below the limit, would like to thank fellow commissioners for asking that the existing windows be retained and thank the applicant for revising the project accordingly; applicant did a good job on the project, the signs are elegant and the project will add a touch of class to the corner; hardships for the sign variance are that due to the corner building, the foliage along the street obstructs signs; placement and visibility is an issue because of historic value of the building, the proposed . signage fits the fagade and adds to the character to the area. Chairman Vistica called for a voice vote on the motion to approve. The motion passed on a 7-0-0 vote. 6 \- City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 Appeal procedures were advised. This item concluded at 8:25 p.m. 7 1160 BROADWAY _ ZONED C.1, BROADWAY COMMERCIAL AREA _ APPLICATION FOR TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION (RAYMOND LEE, SPEAR DESIGN ASSOCIATES, APPLICANT; BONANZA/LAMB PARTNERS LP, PROPERTY OWNER) (64 NOTICED) PR ENGINEER: VICTOR V Reference staff report,04.22.02, with attachments. CP Monroe presented the report, reviewed criteria and comments. She noted that since the remodeling of the building is now in progress, there should be an amendment to Condition No. 2 to read "that the final map shall be recorded with San Mateo County prior to issuance of a certificate of occupancy for the project." Commissioners asked if Walgreens leaves the site, with the lots merged, could a larger building be built. CP Monroe noted that a larger building could not be built because the on-site parking is required for the building. Commissioners noted that there is an P.U.E. easement on two of the lots but not the third; the City Engineer had noted that it is not a concern because it is not a City easement, and does not contain city facilities. It is a utility easement for Pacific Telephone and Pacific Gas aldBlectric only. Chairman Vistica opened the public hearing. The applicant Raymond Lee, Spear Design Associates was available for questions. There were no further comments and the public hearing was closed. C. Keighran moved to recommend approval of tentative and final parcel map application to City Council, with the amended conditions as noted. The motion was seconded by c. Keele. Chairman Vistica called for a voice vote on the motion to recommend approval. The motion passed on a 7- 0-0 vote. This item concluded at 8:30 p.m. IX. DESIGN REVIEW STUDY ITEMS 8. 2304 EASTON DRIVE _ ZONED R-l - APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (CHRIS RUFFAT, STEWART ASSOCIATES, APPLICANT AND ARCHITECT;JOSE L. AND MARIA R. REALWASQUEZ, PROPERTY OWNERS) (53 NOTICED) PROJECT : CATHERINE r< ry' Commissioner Osterling recused himself from the discussion because he lives within 500 feet ofthe project. CP Monroe briefly presented the project description. There were no questions of staff. Chairman Vistica opened the public comment. John Stewart 1351 Laurel, San Carlos, project architect, noted that they are taking a charming house that didn't function well and adding to the back to tie into original design. Lou Realyvasquez,2304 Easton Drive, property owner, presented a petition signed by neighboring residents noting that they reviewed the plans and had no objections. Commissioners noted that the applicant did an excellent job, this is a great design, what is the size of the wood used in the bracketing and timbers; concern with the roof at the rear elevation, can the area where it is shown flat be peaked, it would enhance the architecture, and might help the design ifyou sawmore roof, can consider special permit for added height if it enhances the architecttre; did you consider putting windows on the second floor front elevation; design is elegant, nice to see the front changing a little even though the majority of the work is on the back; why is wrought iron being trim bolted on atthe front window; half- timbering only on the front works well. 7 \-. City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 The applicant noted that the wooden bracketing would probably be 6" x 8" or 8" x 8", which will fit with the scale of the house; there wasn't room to add windows on the second floor front elevation, they would have to : be tiny, think it would look odd; wrought iron was added at the front window because they didn't want e. balcony that you could walk onto, but wanted to soften the look. There were no other comments from the floor and the public comment was closed. C. Keighran made a motion to place this item on the regular action calendar at a time when the following revisions have been made and plan checked: o Look at the railing in the front, might be nice to eliminate it; o Look at the roof with the flat portion at the rear elevation, might want to continue the pitch to a peak. This motion was seconded by C. Brownrigg. Comment on motion: the changes are minor, but since the change to the roof may require a special permit would like to see the project brought back on the regular action calendar for review; note the comment from the ChiefBuilding Official regarding measurement ofthe heights during construction as the addition proceeds, this is important. Chairman Vistica called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a voice vote 6-0-l (Cmsr. Osterling abstained). The Planning Commission's action is advisory and not appealable. This item concluded at 8:45 p.m. 9. 1323 CARLOS AVENUE _ ZONED R.l _ APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR HEIGHT FOR A NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED TWO-CAR GARAGE (BRIAN ROCHE, APPLICANTAND PROPERTY OWNER; JAMES CHU, CHLI l DESIGN & ENGR.. INC.. DESIGNER) (63 NOTICED) PROJECT PLANNER: SEAN O'ROURI(E C. Osterling recused himself from the discussion because he lives within 500 feet of the property. C. Auran recused himself because he owns a property nearby and has a business relationship with the applicant. CP Monroe briefly presented the project description. There were no questions of staff. Chairman Vistica opened the public comment. James Chu, project engineer noted that this is a demolition- replacement the plan is straight forward, there ar6.details in the design on all facades, the special permit for height is required because of the lot slope, the difference betweenthe front and the back ofthe lot is about 9 feet; the height will be the same as the house on the right, and lower than the house on left; will exceed the height limit by less than 3 feet and only at the ridge. Commissioners asked: project is nicely designed, initially concerned with height but see it is needed for the design; concern there is not enough window area in general, can see a lot of shingle space, the windows on the rear elevation seem appropriate, but on the side and front elevations, the number of windows seems small; concerned with massiveness, but applicant is not asking for any variances to lot coverage or FAR, it is near the maximum allowed; concem with landscaping, seems it is too ambitious to have two trees so close together at the front, is one of them a street tree. The applicant noted that they had looked at different roof pitches, had originally considered al2ll2 pitch, reduced it to 10/12, if it is reduced further would affect the design and roof angles; tried to minimize the window on the sides to protect neighbor privacy, but can look at enlarging a couple of the window "\ assuming the neighbors won't object; some of the elements that contribute to the Floor Area Ratio are the 8 City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 large porch and the tall foyer, and the setbacks at the side are generous; would be happy to look at the location of the trees, the trees will soften the look of the house from the street. 10. There were no other comments from the floor and the public comment was closed. Commissioners noted that this is nicely designed with a lot of good detail, like the front porch feature, this area it is counted in the FAR. C. Keighran 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 Look at the trees proposed in the front yard and the street tree in the planter strip; should the two trees be further apart; o Look at the windows on the front and sides and see if any can be enlarged. This motion was seconded by C. Boju6s. There were no comments on the motion. Chairman Vistica 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 5-0-2 (Cmsrs. Osterling and Auran abstained). The planning Commission's action is advisory and not ap$alabl9,.This item concluded at 8:55 p.m. 1128 JUAIIITA AVENUE _ ZONED R-l _ APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR AN ATTACHED GARAGE AND A CONDITIONAL USE PERMIT FOR A NEW ACCESSORY STRUCTURE (CURT WALKER, APPLICANT AND PROPERTY O WNER) (73 NOTICED)PI-ANNER:LEWIT SP Brooks briefly presented the project description. Commissioners asked staff to research if there have been any other applications for brand new accessory structures other than garages and pool houses in the last three years; would like to see the outline of the old garage on the drawings as a part of the record, to show conditions before construction. There were no other questions of staff. Chairman Vistica opened the public comment. Curt Walker,ll2S Juanita Avenue, property owner, noted that they had got ahead ofthemselves in the construction, went in the wrong direction, now is here to turn it around and get the issues resolved, welcome commissioners to come and look at the back yard. Commissioners asked: would you be comfortable converting the accessory structure to a storage area and removing the windows; seems to need storage siace"garage appears to be usedSrlhatpurpose: inthe giuage there are shelves shown on both sides, can a car fit in the remaining space; would like to see shelves removed to be sure that a vehicle can fit in space; if applicant decides to do an addition to the house in the future, the accessory structure will count towards the FAR calculation; explain the circumstances with the corner of the yard where the strucfure is located; is there a water connection to the accessory structure; explain about the damage from the tree which fell down last winter; what is the process after Planning Commission action on the project. The applicant noted that he would like to keep the windows in the accessory structure and use it as an office, but if the commission wants them taken out, he will do so; understands accessory structure will be counted in FAR; there are accessory structures on two neighbor's properties next to where his accessory structure is built, want to block that view; there is no water connection to the accessory structure, installed waste line for toilet but did not hook it up; tree fell in the back yard last winter, it covered the whole yard, and damaged the hand rails on the deck. Staff noted that once this project is acted on by the Planning Commissiin, the applicant will need to apply for building permits, pay penalty fees, then the constructio; will be inspected, some areas may have to be opened up for inspection, any corrections will have to be made and then the 9 \- City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 applicant can call for a final inspection. There were no other comments from the floor and the public hearing was closed Commissioners noted that the construction doesn't look as bad as how the drawing make it appear; the drawings don't have enough detail, there are no heights, no roof pitches, no details on the trim, these drawings don't represent an approvable project, would like to see better definition on the drawings. C. Bojuds made a motion to place this item on the regular action calendar at a time when the following revisions have been made and plan checked: Would like to see more refined plans which show the trim details, height dimensions, roof pitch and proper dimensions; Clarit/ in conditions that there shall not be a water or sewer connection to the accessory structure. Waste line should be removed. The motion was seconded by C. Osterling. Comment on motion: one of the issues is the nature of the accessory stiucture use, sympathize with having windows but would like to see a stipulation that there not be running water so that it does not become a living uni! should we consider sending this project to a design reviewer to help clariff the drawings; don't know that it is that complicated, would like to see refined plans but don't need design reviewer to accomplish that , the applicant is in the construction business and is aware of the types of trim and detail needed. Chairman Vistica called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a 7-0 voice vote. The Planning Commission's action is advisory and not appealable. This item concluded at 9:15 p.m Cers. Osterling and Auran returned to he dais. 11.2501 HAYWARD DRIYE - ZONED R.l - APPLICATION FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A FIRST AND SECOND STORY ADDITION (SCOTT KUEHNE, AIA, SUAREZ-KUEHNE ARCHITECTURE, APPLICANT AND ARCHITECT; DAVID AND LAURA ET MORE, PROPERTY OWNERS) (4I NOTICED) PROJECT PLANNER: CATHERINE KEYLON C. Keele recused himself from the discussion because he lives within 500 feet of the project. SP Brooks briefly presented the project description. There were no questions of staff. Chairman Vistica opened the public comment. David Elmore,250l Hayward Drive, property owner, and Scott Kuehn e,241214ft Aventre, San Francisco, project architect were available for questions. The project architect noted that they looked at a number of options, this is a slightly unusual lot with a slope up to the rear, had considered building over the garage,but decided that the best solution was to nestle the addition over the existing house towards the up slope of the lot, this will have the least impact on the topography and will protect the primary view corridor which is over the pool and the garage roof, the intent is to keep that open. Commissioners asked: at the front ofthe house there is a Japanese feel with divided windows, do you intend a to continue withthat style, will the existing windows remain; pretty good job on design, this is aranch style house and the addition emulates that, elements continue from the first to second floor, not a layer cake look, it won't affect the character of the street, the massing of the addition is good; explain the west elevation, at l0 a a \- x. City of Burlingame Planning Commission Unapprwed Minutes April 22, 2002 the second story the chimney appears to be attached to a small piece of wood siding, looks awkward; on the north elevation, the way the roof is vented with the arched vent is not consistent with this style of house, can the vents be rerouted structurally so that they are more hidden, encourage that approach, try to find something that matches better; how tall is the plate line on the upper floor. The project architect noted that all the windows will be replaced with casement windows, regarding the chimney on the west elevation, if you look at the perspective drawing, the massing is shown better, that wall was brought over to engage the chimney and tie it together otherwise it appeared free standing, the vents are proposed as shown because they are on the house now and there are structural reasons for routing them that way; the plate height on the upper floor is ten feet, the intent is to keep the existing framing in place, the existing ceiling will not be raised. There were no other comments from the floor and the public hearing was closed. C. Vistica made a motion to place this item on the regular action calendar at a time when the following revisions have been made and plan checked: . Look into the design of the vents on the north elevation; do some structural r"rd#hto determine if there is a way that they can be more hidden;. The applicant shall erect story poles to make sure there are no concerns with impacts on views from neighboring properties; ando Would like to see an arborist's report with a tree protection plan for the existing trees which might be impacted by construction. This motion was seconded by C. Osterling. Comment on motion: erection of story poles is appropriate because there may be a visual impact since this is in the hillside area; upper side has tree screening, may not need story poles because the existing trees partially screen house; in any application for Hillside Area Construction Permit there should be story poles erected to clearly address issues regarding views, don't want any surprises although overall the applicant has done a good job with the design. Chaimrar. Vistica called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a voice vote 6-0-l (Cmsr. Keele abstained). The Planning Commission'action is advisory and not appealable. This item concluded at 9:35 p.m. PLANNER REPORTS Review of City Council regular meeting of April 15,2002. CP Monroe reviewed the planning related items from the April 15,2002, Council meeting noting that Cers. Vistica and Keighmn were appointed to another four year term unanimously. She also noted that as required by the Commission's Bylaws, at the May 13, z\\2,meeting the officers would rotate and the new Chair would need to make subcommittee appointments. Initially there will need to be three subcommittees ofthe Commission: Neighborhood Consistency (a standing committee), Subcommittee for the North End Specific Area Plan and a Subcommittee for working on the 2002- 2003 Housing Element annual work program and modernizing the multiple family zones. CP Monroe also asked the commissioners to pick a date for a Special Study meeting for the presentation of the proposed project at 1450 Howard Avenue by representatives of Safeway. All but one commissioner was able to attend a special meeting on May 9; the one who was unable to make it said l1 \-. a City of Burlingame Planning Commission Unapproved Minutes April 22, 2002 he would try to rearrange his schedule and get back to staffshortly. In the event that he was not able to make the May 9 meeting all the commissioners could attend a special meeting on May 23,2002. n, CP Monroe indicted that she would confirm the meeting date by e-mail shortly. Discuss Changes to CommercialZonrngRegulations - C-l Zone. CP Monroe reviewed briefly the Planners Report noting that Council had raised a question about how the suggested two new retail uses would affect the Broadway commercial area and whether commission should look at them again in light of how they should be incorporated into the CJ and C-2 district regulations. In addition, Council suggested, in response to inquiries by local merchants and property owners, that commission review whether health service uses should be allowed above the first floor in the Broadway commercial area. Commission directed that staffput together the appropriate code amendments for them to evaluate these changes and bring them back to the commission at action for a public hearing since they had already studied much of this change earlier. FYI - Minor changes to an approved design review project at 1653 Lassen Wa, The Commissioner's reviewed the request for minor changes and noted that they had no issue with this proposal. It was noted that this type of review appeared to be efflective and efficient. XI. ADJOURNMENT Chairman Vistica adjourned the meeting at 10:00 p.m Respectfu lly submitted, Joe Boju6s, Secretary IJNAPPROVEDMINUTES4.22 t2 04 -18 - 02 PAGE: 1 Crime Classification Murder and Nonnegl-igent Manslaughter Manslaughter by Negligence Rape By Force Attempt to Commj-t. Forcible Rape Robbery Firearm Robbery Knife Robbery Other Dangerous Weapon Robbery Strong-Arm Assault - Firearm Assault - Knife Assaul-t. - Other Dang'erous Weapon Assault - Hands, Fists, Feet Assault - Other (Simple) Burglary - Forcibl-e Entry Burglary - Unlawful- Entry Burglary - At.tempted Forcible Entry Larceny Pocket -PickingLarceny Purse - Snatchi-ng Larceny Shoplj-ft.ing Larceny From Motor Vehicle Larceny Motor Veh Parts Accessories Larceny Bicycles Larceny From Building Larceny From Any Coin-Op Machine Larceny A11 Other Motor Vehicle Theft Auto Motor Vehicle Theft Bus Motor Vehicle Theft Other SUMMARY OF PART ONE OFFENSES FOR: MARCH, 2002 Last Current Year 1 1 Act YTD Prev Act. YTD. 31 4 6 1 2 15 t4 1 0 1 0 3 0 0 1 0 5 5 aZ 50 1,2 18 0 0 0 1 1 1 a 6 1B '7 3 96 z 9 4a 1 1 7 a 9 s0 27 1 0 9 1 1 z 3 8 z 1 31 1 5 4 0 0 3 0 1 0 U 5 1 1 1 0 44 36 22 3 77 3 I 3 4 L6 4 11 40 21, 94 101 273 3U2 94 101 273 302 04-18-02 MONTHLY SUMMARY OF PART TWO CITY REPORT FOR: MARCH, OFFENSES 2002 PAGE: 1 Last Current Year.. Act YTD Prev Act YTD.Crime Classi-f icat.ion. . AII Other Offenses Animal Abuse Animal- Nuisance Arson Assists to Outside Agencies Bicycle Violations Bigamy Bomb Offense Bomb Threat Bribery Check Offenses Child Neglect /proL custody Computer Crj-me Conspiracy Credit Card Offenses Cruelty to Dependent Adult Curfew and Loitering Laws Death Investigation Disorderly Conduct Driver's License Viol-ations Driving Under the Influence Drug Abuse Vio1ations Drug/Sex Registrants Drunkeness Embezzl-ement Escape Extortion FaIse Police Reports False Reports of EmergencyFish and Game Violations Forgery and Counterfeiting Found Property Fraud Gambling Harrassing Phone Calls Hit and Run Accidents Impersonati-on Incest fndecent Exposure Intimidating a Witness Kidnapping Lewd Conduct Liquor Laws Littering/Oumping Marijuana Violations Mental- Heal-th CasesMissing Person Missing Property Municipal Code Violations Narcotics Sales/Manufacture Offenses Against Children ) 1 31 3l 6 1 5 5 L6 4 6 U 0 A+ 0 0 0 0 1 0 7 4 n 1 4 1 1 10 .) 3 89 0 0 0 0 0 0 U 0 U 7 0 0 z 1 0 2 l2 a 1,9 11 10) B 4 5 I 2 B 5 1 1 8 3 5 5 1 6 aZ 23 11 tl 22 T4 Z 0 3 0 0 0 1 1 11 2L 7 34 11 0 Z t9 t4 1 2'7 15 1 1,6 4 0 U 0 1 0 7 9 4 0 15 7 0 0 4 0 U 0 1 0 7 L7 7 37 9 0 z 0 18 1 0 0 0 1 0 7 10 4 5 3 5 z ) 4 7 z t6 z 1 I 04-L8-02 MONTHLY SUMMARY OF PART TWO CITY REPORT FOR: MARCH, OFFENSES 2002 PAGE: 2 Last Current Year 31 15 )].'7 3 B 5 2 6 52 1 5 z 52 I Act YTD Prev Act YTD.Crime Classification. . . Other Assaults Other Juvenile Offenses Other Police Service Pandering for immoral purposes Parole Violations Perj ury Possession of Burglary Tools Possession of drug paraphernalia Possession of obscene literature;pict.ure Probation Violations Prostltution and Commercial- Vice Prowl ing Resisting Arrest Runaways (Under 18) Sex Offenses Sex Offenses against Children Sodomy Stalking Statutory Rape Stolen Property; Buying ; Receiving; Possess Suspended License Tax Evasion Temp Restraining Orders Terrorist Threats Towed Vehicle Trespassing Truant s / Incorrigible .fuvs US MaiI Crimes Vagrancy Vandalism Vehicl-e Code Violations Violation of Court OrderWarrants - Felony Warrants - Misd Weapons ; Carrying, Posses singWelfare Fraud I tt 1 0 0 0 0 0 0 B) 0 1 0 1 Z 0 1 0 1 aZ 0 5 4 4 1 1 0 0 3 4 11 4 0 5 13 5 0 0 0 65 9 7 1 13 5 0 1 20 7 2 Z 3 50 z L7 0 1 0 n 0 0 2 0 5 1 o 1 0 0 0 0 1 t2 0 L2 13 l.29 44 65 13 z Z 1 1 31 J 5 6 3 282 263 694 732 282 253 694 '732 04-18-02 Crime Classification Parking Citations Moving Citations MONTHLY SUMMARY OF C]TATIONS C]TY REPORT FOR: MARCH, 2002 Current Last Year PAGE: 1 Act YTD Prev Act YTD. 2,3'78 200 3 ,295 267 7 ,405 577 I ,42'7 621 2,5'78 3,556 7,992 9,054 2,578 3,556 '7,992 9,054 .. Officer Productj-vitY. . . . Reported On: A11 Officers Data Type Reported on: PARKING 04/L9/2002 at t0:21:29 AM' Range: 03/01/2002 to 03/3L/2002 BURLINGAME generated on Report va]-id Cnt T AlI valid voids Cnt t A11 voids vaLid * Officer:ID: DAZA-QUIROZ GARRETT HARRISON JFOX KIRKPATRICK MORAN ROSCOE 634 501 506 s05 502 201 503 388 134 491 A\) L11 95 29 .63 24.01 14.81 24.0'7 1.85 3.70 96.04 98.26 oa l) o"7 )i oo co 99.11 91.94 15.40 29.L4 10 ?? 94 I6 13 I 13 1 1 2 L1 9 4 3 61 11 .41 Total 2sL9 54 Page 1 of 1 RECEIVED Dear MayorJantrey, APR 2 5 2002 I applied for a position on the planning.commisriT Htrffiffi,ffiEconcern about the changing economic face of our city. Eacfi'dij, e5'T"riif,llf the neighborhood, I see new construction. On every block there are demolitions or remodeling that greatly increase the size and the price of the home. This trend has been going on for about a decade. The cities and towns of the peninsula are under mandate to meet the housing needs of all economic levels of our population. We are not doinq this. There is nearly no housing for low income families, a decrease in housing for the middle income families, and an increase in housing for the wealthy. We must take action to stop this deterioration of our housing diversity. I suggest a moratorium on demolitions, while we investigate just what is going on. I mentioned this ir, -y interviews for the planning commission. I was met with the response that owners of property have the right to get a maximum profit on the sale of their house. I countered that anyone who owns a house in Burlingame (even for fifteen minutes) will make a profit on the sale of the house. This is a question of community values versus individual values. We, as a community, need housing for diverse economic level families. When a house is remodeled or demolished, the replacement is a home for a wealthy family. Homes for a mid level families (teachers, librarians, city employees, building trade workers police officers and firefighters) are being removed from the housing market by demolition and remodeling. Along with a moratorium on demolition, we should require that a family live in their home for five years before th.y can get a permit to enlarge the home. What is going on now is housing speculation. A developer buys a home with the prior intent to enlarge the home, provide more housing for the wealthy, and maximize his profit Our city is changing its character from a community of all levels of income families, to a ghetto for the rich. I don't think this is what Burlingame should be. My suggestions are a possible way to maintain a city of diversity. I hope that the City Council and Planning Commission will discuss this matter. Sincerely,Qru April 11,2002 N. Carol Davtr 30 N. rfleet Partway lilichita, Kanrar 67206 f,co ao,,@ WLOI,' Rahn B€cker Assirtant Clty Manager 501 Primrose R.oeil Burlingame, Califoraia Dear Mr. Becker I just ran acnocr your card and remembered ttrat I hed never wr{tten as I had Intended to thark you for somethlng you dld for me alnost e year ago. lYhlle waiting for a chuttle to tgke me back to my hotel, you walked by after nodclng that I (along with 2 other women) had been wal"-'g qulte a long ttne for one. I thlnk your office must have Iooked out over where we were sltffng. Anyway, you apologizcd for the rchedule not belng clear and paid for a t--l to take uo back ae we evldently had mbsed the lagt run of the shuttle" f was so irapreseed by you and your obvlous cotrcem for perfect sbangers that I wanted you to know how much I eppreciated iL I wlll alwayr remember Burlingame ac a genulnd ftlendly, charoing town...one that I will vtrtt again tf I am snywhere in the area. Very sincereln .7 hzil a a24" N. Carpl Davls l / P.S. Our Mayor, lVIr. Bob Knlght who b gettlng ready to run for Governor of Kansae is a penonsl ftlend. Next tlne I cee hirn, I am golng to tell him about Ore lncredtbly klnd and genenour C'lfy lfianager t met ln a llttle town ln Callfornh. _- Er<ATsil Broadband -t -r7-7 PO. Box 5147 San Ramon, CA 94583 April72,2002 Mr, Rahn Becker Assistant City Manager City of Burlingame 501 Primrose Road Burlingame, CA. 94010 Via US Mail Re: Proorammino Chanoes Dear Mr. Becker: Please be advised that, effective May L5,2002, the following programming changes will occur to AT&T Broadband's current programming in the City of Burlingame: . Good Life- Channel 123. Ovation- Channel 182. CNNSI- Channel 413 will no longer be offered in the digital channel lineup. We are also notifying our digital customers of these programming changes. If you should have any questions, please do not hesitate to contact Kathi Noe at (650) 631-0191 extension #375. Very truly yours. U o Mitzi Givens for Kathi Noe AT&T Broadband Director of Government Affairs and Franchising Peninsula Area KN/mg -Vv^GP Recyctea Paper TO MEMORANDUM PUBLIC WORKS DEPARTMENT HONORABLE MAYOR AND CITY COUNCIL FROM: DIRECTOR OF PUBLIC WORKS DATE: MAY 2,2002 SEWER AND WATER INFRASTRUCTURE PROGRAM PRESS CONFERENCE There will be a press conference held on May 13, 2002, at2;00 p.m. to present and discuss the accelerated sewer and water infrastructure program. This coincides with the mailing of the public notice to citizens and businesses regarding the hearing for the proposed 2002-03 sewer and water rates. The press conference will be held in Conference Room A if you are in attending. cc: Jim Nantell S:\A Public Works Directory\Stafi ReportsWemo - SerirerWtr press Conf.wpd RE: