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Home My WebLink AboutAgenda Packet - CC - 2002.04.01BURLINGAME CITY COUNCIL AGENDA RrcuraR MnBrrNc - Moxoav, ArRrl l, 2002 Plcr 1 op 2 * CLOSED SESSION a. Threatened Litigation (Government Code $ 54956.9(bX1),(3)(C)) Sally & Frank Chambers b. Threatened Litigation (Government Code $ 54956.9(bX1),(3XC)) Zeka Group c. One personnel matter (Government Code $ 54957) I. CALL TO ORDER 2. PLEDGE OFALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES - Meeting of March 18,2002 5. PUBLIC HEARJNGS The iltoyo7 111s1, lituir speokers to three utinutes each 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 stafffor investigation and,/or action. Speakers are requested to fill out a '\'equest 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. Commissioner Term Expirations (Library Board) 8. CONSENT CALENDAR a. Approve 2001-2002 Annual Report and Adopt RESOLUTION of Intention: Broadway Area Business Improvement District - Setting 2002-2003 Assessments b. RESOLUTION Authorizing Director of Public Works to Accept the Grant Deed for a Sanitary Sewer Easement at 1010 Cadillac way c. RESOLUTION Awarding Traffic Signal Project at California Drive/Carmelita & California Drive/Morrell Avenue to Mike Brown Electric Company - City Project 9910 (2,3) d. RESOLUTION Awarding Califomia Drive Resurfacing Project, cP 8023(1) e. RESOLUTION Authoizing Weeds and Rubbish Abatement on Private Property - Job No. 80610 CiA of Burlingame CITY HALL - 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 O (650) 558-7200 $WN 6:45 p.m., Conference Room A 7:00 p.m., Council Chambers Discuss/Direct Staff Approval Approval Approval Approval Approval BURLINGAME CITY COUNCIL AGENDA Rrcuran Mnrrrxc - MoNnav, Arrur l, 2002 Pnca 2 on 2 f. RESOLUTIONS to Support State Legislation Regarding Bay Area Regional Water Financing and Supply g. RESOLUTION Authorizing Submittal of Grant Request to Promote Beverage Container Recycling h. RESOLUTION Authorizing Agreement for Construction and Demolition Recycling Administration Services with J. Edwards & Associates, Inc. 9, COUNCIL COMMITTEE REPORTS 10. OLD BUSINESS 11. NEW BUSINESS 12. ACKNOWLEDGMENTS a. Commission Minutes: Beautification of March7,2002; Parks & Rec of March2l,2002; Planning of March 25,2002 b. Department Reports: Police, February, 2002: Building, February,2002 c. Letter from Ruthellen Rosenberger,1109 Dufferin conceming parking problems. d. Letters & Email from residents concerning Planning Commission appointments e. Letter from Stephen & Fiona Hamilton, 105 Crescent concerning the selection process of Commissioners f. Email of March 18'h from Zita Escobosa, 1516 Adeline concerning fireworks at Ray Park g. Email of March 13th from Rosemary Rivas conceming list of historical buildings in Burlingame 13. ADJOURNMENT NOTICE: Any attendees wishing accommodations for disabilities, please contact the City Clerk at (650) 558- T203atleast24hoursbeforethemeeting. AcopyoftheAgendaPacketisavailablelorpublicreviewatthe CityClerk'soflice,CityHall,50l PrimroseRoad,fromS:00a.nr.to5:00p.m.beforethemeetingandatthe meeting. Visit the City's website at rvwu,.burlin.garnc.orq. Agendas and minutes are available at this site. City of Burlingnme CITY HALL - 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 9401 O (650) 558-7200 Approval Approval Approval NEXT MEETING - April 15,2002 UNAPPROVED MINUTES BURLINGAME, CALIFORNIA March 18,2002 1. REGULAR MEETING CALLED TO ORDER A regular rneeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:00 p.m. by Mayor Mary Janney. Z, PLEDGE OF ALLEGI ANCE TO THE FLAG Led by Bill Lanam 3. ROLL CALL Council Present: Council Absent: Baylock, Coffey, Galligan, Janney, O'Mahony None At this time, Mayor Janney made an announcement that she would be moving item #10 "Old Business" after the completion of item 5) "Public Hearings". 4. MINUTES Councilwoman Baylock made the following spelling corrections to the February 20,2002 minutes page2, item 5c) Kavanaugh, Buettenbeck, and Nymphas Edwards. Councilman Galligan made a motion to approve the minutes of February 20,2002; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion to approve the minutes of the February 23,2002, Council/Planning Commission joint meeting; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilwoman Baylock requested three comments be added under item 5a) Parks & Recreation Commission's Report on the Feasibility Study for Recreational Facilities. They are as follows: That she (Courncilwoman Baylock) supports the completion of the recreation master plan including a professionally performed survey of both the teens and general recreation needs; that she showed concern about displacing 11 families on Burlingame Avenue and would prefer acquiring property due south at 270 East Lane, which is an unattractive auto repair facility; would support a bond measure similar to that passed in Menlo Park where funds are designated specifically for recreation needs. 5. PUBLIC HEARINGS Burlingame City Council Unapproved Minutes March 18,2002I a. Resolution #25-2002 Adoptine a Residential Traffic Calmins Prosram DPW Bagdon referred to his staff reported dated February 22,2002, and showed a presentation to Council regarding a residential traffic calming progam; DPW Bagdon recommended Council adopt the Resolution#25-2002 adopting said program. James Mclver, 2712 Summit Drive, Chair of the Traffic, Safety and Parking Commission encouraged council to adopt the program. Mayor Janney opened the public hearing Jennifer Pfaff, 61 5 Bayswater, and Russ Cohen, 605 Lexington, spoke in support of adopting a residential traffic calming program. There were no further comments from the floor and the hearing was closed. Councilwoman O'Mahony made a motion to adopt Resolution #25-2002 approving the residential traffic calming program; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. 1. OLD BUSINESS Mayor Janney requested "Old Business" be moved in order to address the concerns regarding the planning commission interview process voiced by many residents. CM Nantell referred to information he compiled regarding commission reappointment policies and procedures. Mayor Janney stated her reasons why she made the decision to appoint Councilman Galligan and Vice Mayor Coffey to the interview committee. Councilman Galligan explained why he felt it was necessary to review the current planning colnmlssloners. Councilwoman Baylock stated she was concemed that the interview team of Vice Mayor Coffey and Councilman Galligan consisted of two members of the majority vote and no members of the minority vote, which she felt left them without a voice in the process. Vice Mayor Coffey noted that as apart of an interview team, the team tries to narrow it down to make a recommendation; noted difficult to do when you have a number of applicants with a number of qualities. Stressed that the interview committee is not the final word; it is the decision of the entire council. At 7:45 p.m. Councilman Galligan had to leave the meeting to attend a public hearing at the City of San Mateo Council Meeting. Mayor Janney made the decision to appoint Councilman Galligan and Councilwoman Baylock to the interview process for the planning commission vacancies. CM Nantell explained the problems regarding the audio at the previous two council meetings and stated the problem has been taken care of. Burlingame City Council Unapproved Minutes 2March 18,2002 6. PUBLTC COMUENTS The following spoke regarding the reappointment of Planning Commissioner's Ann Keighran and Stan Visitica: Charlie Dreschler, 225 Bancroft, Constance Cohen, 605 Lexington, Ann Keighran, 1531 Vancouver, Terry Nagel, 2337 Poppy Drive, Ken Castle, l4ll Drake, Sue Fuller, 2210 Poppy Drive, Joe Donohue, 1527 McAllister, San Francisco, Anna Marie Holland Daniels, 515 Howard, Valerie Chung, 1501 Magnolia, Donna Sloat, 1256Lagtna,Liz O'Coruror, 1232 Cabrillo, Joan Busby, 1224 Cabillo, Brian Adler,2407 Hale Drive, Diane Condon Wirgler, 1536 Cypress, Russ Cohen,605 Lexington, John Hunter, 810 Crossway Road, Tony Herrera, 107 Grand Blvd, South San Francisco. Don Corey, 833 Alpine spoke regarding developing in Burlingame, solicitation signs in his neighborhood and tearing down buildings to be replaced with used car lots in Burlingame. Russ Cohen, 605 Lexington, spoke regarding the historical properties listing, and Linda Abbey, 2415 Adeline, spoke regarding the parking lot being built across the street from her home. 7. STAFF REPORTS A COMMUNICATIONS a. Introduction of Ordinance for Zoning Code Amendment for Building Size in the Burlineame Avenue and Broadway Commercial areas. New ditional uses in the Burlingame Avenue Commercial Area. and Change to Zoning Action Expiration CP Monroe reviewed her staff report dated March 18,2002, and requested Council indicate whether they wished to introduce the proposed changes for amendment to the zoning code. After some discussion regarding the zoning code amendment, Mayor Janney requested CC Musso read the title of the proposed ordinance. Councilwoman O'Mahony made a motion to waiver further reading of the proposed ordinance; seconded by Vice Mayor Coffey, approved by voice vote, 4-0-1, with Councilman Galligan absent. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Vice Mayor Coffey, approved by voice vote, 4-0-1 with Councilman Galligan absent. Mayor Janney requested the City Clerk publish a summary of the proposed ordinance at least five days before proposed adoption. b. Resolution #26-2002 Adoptins Cooper PolicvlPhilosophy between the City of Burlinsame and the Burlin Elementary School District CM Nantell reviewed his staff report dated March 13,2002, and recommended Council adopt Resolution #26-2002 approving the Cooperation Policy/Philosophy between the City of Burlingame and the Burlingame Elementary school District. Councilwoman O'Mahony made a motion to approve Resolution #26-2002 adopting cooperating policy/philosophy between the City of Burlingame and the Burlingame Elementary School District; seconded by Vice Mayor Coffey, approved by voice vote, 4-0-1, with 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. Also, CA Anderson noted the Police Officers Associated voted to accept Burlingame City Council 3 March 18, 2002 Unapproved Minutes the four-year contract. Councilwoman O'Mahony made a motion to approve the consent calendar with the referenced changes; seconded by Vice Mayor Coffey, approved by voice vote, 4-0-1, with Councilman Galligan absent. a. Resolution #27-2002 Accentins Burlinsame Landfill Slopes and Airnort BIvd. Bike Path. Proiect No. 9117(8) DPW Bagdon recommended Council approve Resolution #27-2002 accepting $619,738.74 in improvements to Landfill Slopes and Bike Path by Misan Construction, Inc. b. Special Event Per Request: Burlingame Criterium Race.nday. June 30. 2002 EA Weber requested Council approve the special event permit for the Burlingame Criterium Race scheduled for Sunday, June 30,2002. c. Lions CIub ,500 Contribu tion for New Flag Pole at Easton Branch Library CM Nantell recommended Council accept the Burlingame Lions Club donation of the new flagpole for the Easton Branch Library. d. Resolution #28-2002 for Fire Vehicle Maintenance and Repair Services for the Town of Hillsboroush Fire Chief Reilly requested Council approve Resolution #28-2002 to amend the agreement dated April 79,1999, for provision of maintenance and repair of Town of Hillsborough Fire vehicles. e,Resolution #29-2002 amending Asreement for Fire Vehicle Maintenance and Repair Service for Colma Fire Protection District Fire Chief Reilly requested Council approve Resolution #29-2002 to amend the agreement dated March 1,1999, for provision of maintenance and repair of Colma Fire Protection District vehicles f. Studv Session for Budset Meeting ACM Becker requested Council set a budget study meeting for Thursday, March 21,2002,5:30 p.m. at the Burlingame Recreation Center. g. Resolution #30-2002 approvins Police Officers Association (POA) Aereement HRD Bell requested council adopt Resolution #30-2002 approving the agreements between the City of Burlingame and the Police Officers Association. Authorize Citv Attornev to ioin in amicus curiae brief in Harvest Church vs. Citv of Concord (4096604) at no cost to Citv Burlingame City Council Unapproved Minutes h 4March 18,2002 b CA Anderson requested council authorize joinder in amicus curiae brief at no cost to the City, which is now pending before the Califomia Court of Appeal. i. Warrants & Payroll ACM Becker requested approval for payments of warrants #81 136-8 1662, dtily audited, in the amount of $2,023,980.66, (excluding library checks 81136-81181), payroll checks #145744-146634 in the amount of $1,663,687.28, and EFT's in the amount of $396,757.00 for the month of February,2OO2. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City 10. OLD BU SS (moved to after Public Hearings) 11. NEW B INESS CLOSED SESSION: CA Anderson reported on the closed session held prior to the council meeting. Council discussed the following three items: a.Conference with Labor Negotiator pursuant to Govemment Code $ 54957.6: City Negotiators Jim Nantell, Bob Bell; Labor organizations: Police officers Association Pending Litigation (Government Code $ 54956.9(a): Crisafi vs. Sargen, San Mateo Superior Court Case No. 355462 Threatened Litigation (Government Code g 54956.9(bXt), (3)(c) Claim of Hyatt Re,gency SFO Hotel 12.ACKNOWL DGEMENTS a.Commission Minutes: Planning, March 11,2002 & Planning Special Meeting of March 6, 2002 b. Department Reports: Finance, February,2002 Fax of March9,2002, from Fiona Hamilton with attached email and fax of March 8,2002,to San Mateo County Times concerning Planning Commission appointments Letter of March 6,2002, from AT&T Broadband concerning programming adjustments to cable service for City of Burlingame Letter of March 6,2002, from Russ Cohen concerning the Burlingame Historical Society signage and Historical Significant Properties List Letter of March 7,2002, from Safe Harbor Homeless Shelter to City Manager acknowledging the City's $8,000 grant Burlingame City Council Unapproved Minutes C c d e f. 5 March 18,2002 b. h. Letter from Carine Hubsher, owner of Papillon Preschool, 700 Peninsula Avenue, including signatures petitions and several letters from parents conceming green zone parking in front of school Letter of March 11,2002, from Maureen Hally requesting the reappointment of Ann Keighran to the Planning Commission Mayor Janney adjourned the meeting at9:24 p.m. Ann T. Musso City Clerk Burlingame City Council Unapproved Minutes 6March 18,2002 AGENDA ITEM # MTG. DATE 7a 4-1 -02STAFF REPORT TO Honorable Mayor and City Council DATE: March 27, 2OO2 SUBMITTED BY APPROVED FROM: Executive Assistant 1558-7204) BY SUBJECT: COMMISSIONER TERM EXPIRATIONS (Library ln June, the term of the below-listed commissioners will expire: Trustee Jane Dunbar Mary Herman a V IB:COMMISSION\COMMTERMI Attachments Commission Library Board Term Expires 6t30t02 Terms Served 3 3 The Council's commissioner appointment policy calls for any commissioner desiring reappointment to apply in the same manner as all other candidates. Trustee Mary Herman has expressed interest in serving another term on the Library Board; however, Trustee Jane Dunbar has indicated to staff that she is not available to serve another term. The attached table is provided for Council members to quickly reference those library board candidates interviewed within the past two years. Council may choose one of the following or other option(s) and direct staff accordingly: Delay action at this time to allow the City Council to discuss and clarify your policy for handling commissioner reappointments; Use the current Council policy as reflected in the 1994 Council Resolution 2'l-94 (attached) and establish a filing deadline of Friday, May 3, 2OO2, for accepting library board trustee applications, and select a Council interview team for eventual trustee interviews; or Reappoint Trustee Herman and appoint recently interviewed candidate(s) from the attached list. a a -+ -+, -> Katz, Dorothy I I l0 Douglas Ave #l Beautification r r -2-01 9-26-00 I t -l 9-01 n/a Janney/Spinelli incumb reappt'd Nov 2003 Sep 2002 Carcia, Bill I 148 Cambridge Road Civil Service r 0-30-00 r 2-18-00 Calligan / Spinelli Dec 2002 Fuchs, Elaine I I l7 Hamilton Lane Library 6-r 3-00 r 0-1 2-00 O'Mahony / 6alligan Oct 2002 Hipps, Carolyn 1649 Balboa Way Library 6-r 3-00 r 0-r 2-00 O'Mahony / Galligan Oct 2002 Morton, Mary Lou Forest View Library 6-13-00 l0-12-00 O'Mahony / Galligan Oct 2002 Cottrell, Richard .l685 Hunt Drive TSPC r 0-30-00 12-4-00 Coffey / O'Mahony Dec 2002 Page, Howard lll CentralAvenue TSPC r 0-30-00 12-4-00 Coffey / O'Mahony Dec 2002 Winkler, Erik 36 Victoria Road TSPC 'r0-30-00 r 2-4-00 Coffey / O'Mahony Dec 2002 Dobiles, Bruce 524 Oak Grove Ave Planning 4-17 -01 5-3-01 Coffey / O'Mahony Apr 2003 Ernst, Jay I 434 Capuchino Planning 4-17 -01 s-3-0 r Coffey / O'Mahony Apr 2003 Friedman, Marc 748 Walnut Planning 4-17-01 5-3-0 I Coffey / O'Mahony Apr 2003 Crandcolas, Mark .l432 Alvarado Plan n ing Planning I t -6-01 4-17-01 r r -26-01 5 -3-0 1 Janney/Coffey Coffey / O'Mahony Nov 2003 Apr 2003 Jacobs, Ruth 2965 Arguello Planning 4-17 -01 5-3-0 r Coffey / O'Mahony Apr 2003 Popin, Richard 760 Walnut Avenue Planning 4-17-01 s-3-0 r Coffey / O'Mahony Apr 2003 Conway, Daniel l4 Highland Avenue #8 Plan n ing 't0-23-01 I I -26-0r Janney/Coffey Nov 2003 Crange, Randy 2l Dwight Road Planning 1 r -9-0r I t -26-01 Janney/Coffey Nov 2003 + + Commissioner Candidates 2-Year List Name Address Commission Application lnterviewed lnterview Team 24-month Purge DateDate ll 5 6 7 8 9 t0 il t2 13 l4 t5 16 17 t8 t9 20 2t 22 23 24 25 26 E F. COLEMAN Y A?TORNEY F EURLINGAME IIMROSE ROAD AME CAUF.94OIO I 2 3 4 RESOLUTION NO. 2I -94 RESoLVED by the CITY COUNCIL of the Ciry of Burlingame as follows: !trHEREAS, it is the determination of this Council that procedures should be established for the appointment of members of ciry commissions; NoI7, THEREFORE, it is hereby RESOLVED and DETERMINED that the following procedures shall govern the appoinrmenr of members of commissions of rhe City of Burlingame: Section 1' All persons desiring to serve on ciry commissions shall complere the application form provided by the city manager's office. Applicarions shall be accepted only for specific commission positions with deadlines established by the city council. Applications shall be accepted for at least a three week period following the announce- ment of a vacanq. ' Section 2. Applicants shall be interviewed for rhe specified commission by ^committee of rwo council members. That commirtee may refer the application ro a committee interviewing for vacancies on another commission. Section 3- AII commissioner appointments shall be for a single term. Arry commissioner desiring reappointment for a subsequent term upon the commission shall applY in the same manner as all other candidates. This provision shall not apply to a commissioner appointed to an unexpired term of less than one year. Section 4. The nurnber of years in a term shall be as ser forth in the ciry ordi- nances or state laws at the tirne of the terrn's commencement; this rule shall appl y f.or both appointees to full terms and to fill vacancies in unexpired rerms. Section 5' 'Whenever possible, appointmenr to rhe planning commission shall be 1 - 1' I 2 3 4 5 6 7 8 9 10 ll 12 l3 l4 l5 16 l8 19 20 27 22 23 24 25 26 ME F. COLEMAN made at least three months prior to the expiration of a term; appointees shall be encouraged to attend all commission hearings and shall be provided all materials for commission meetings. They shall not, however, participate as commissioners until the official commencement of their terrns. Section 6. This resolution supersedes all prior resolutions regarding commissioner terlns. Mayor T I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certiry that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2nd day of May, 1994, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: [B:CoMMlsslONCOMMAPrr.REsl COI,INCILMEMBERS: COIINCILMEMBERS: CouqclLr'lerasEns: NONE NONE 2 ir- 4,447V.6rrz.at^*,.t HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI ry er STAFF REPORT AGENDA ITEM # MTG. DATE 4lrl02 8a TO:HONORABLE MAY AND CITY COTJNCIL BY DATE:March 20,2002 FROM:Rahn Becker, Assistant City Manager/ Administrative Services Director SUBJECT: Resolution of Intention: Broadway Area Business Improvement District - Setting 2002-2003 Assessments BY RECOMMENDATION: Adopt resolution of intention and set public hearing BACKGROIIND: Each year a public hearing is scheduled to adopt a resolution of intention for the next fiscal year Broadway area Business Improvement District assessments. The BID Annual Report and2002- 2003 Budget have been submitted. There are no changes in boundaries, assessments or classification. The recommended hearing date is May 6, 2002 at 7:00 p.m. B[IDGET IMPACT: Approximately $25,000 in assessments are collected annually with our business licenses. All of these funds are forwarded to the Broadway Improvement District for improvements as authorized the BID Board of Directors. ATTACHMENTS: Resolution, Exhibit A, ExhibiE B, Letter from Ross Bruce, president, BID I r) EXHIBIT A Streetscape Beautification, Seasonal Decorations, and Public Arts Programs a. Seasonal street plantings of flowers. b. Seasonal flags and banners. f. Sidewalk enhancement and maintenance. Business Recruitment and Retention a. Matching funds for storefront improvement incentive b. Develop strategy to fill commercial vacancies. c. Small business assistance workshops. Commercial Marketing, Public Relations, and Advertising a. Orgarize special events throughout the year. Shuttle Establish a people mover system between the area and,the hotel district, to be funded on a cooperative cost sharing basis. i. .:, ! ... , l C :\FILES\BIDBRDWY\improvmtlis2000.bid.wpd 2) 3) 4) TYPES OF IMPROVEMENTS AIYD ACTIVITIES PROPOSED TO BE F'UNDED BY THE LEVY OF ASSESSMENTS BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT BASIS* BUSINESS TYPE NO. OF $ftrP1| ** AI\NUAL ASSESSMENT EXHIBIT B 4+$4s0 $3001-3 3+$2s0 t-2 $ls0 3+$200 t-2 $1s0 NA $s00 'l' ----- Amount shown is annual total ** --- Staff means any persons working (full time or full time equivalency) including owners, partners, managers, employees, family members, etc. RETAIL & RESTAURANT SERVICE PROFESSIONAL Business Definitions (Burlingame Municipal Code g 6.52.010): Retail E Businesses that buy and resell goods. Examples are clothing stores, shoe stores, office supplies, etc. tr Selling prepared food and drink.Restaurant Service Professional Financial E Businesses that sell services. Examples are beauty and barber shops, repair shops that do not sell goods, contractors, auto shops, etc. E Includes engineering firms, architects, attorneys, dentists, optometrists, physicians, realtors, insurance offices, etc. E Banks, savings and loans, household finance companies, etc. C :\FILES\BIDB RDW'Y\assessbas.bid.wpd FINANCIAL , I l'l D D BROADWAY BUSINESS IMPROYEMENT DISTRICT 1399 Broadway, Burlingame, CA 94010 March 12,2002 City Manager City of Burlingame c/o Broadway Burlingame Business lmprovement District 1399 Broadway Burlingame, C A 94010-3422 Dear City Manager: RE: BID Annual Report and 2002-2003 Budget The BID proposes no changes in boundaries. ) !dc.t, 6 >( 0a a az. - G !, e \ dB (B N ll_J E $EE EEE a( Z EB m tr s Bft re l- t" ,} \\ lNo ffi 6 0{ I m url lr: t outlin 2002-2 A) Streetscape Beautification B) Seasonal Decorations C) Matching Funds Storefront lmprovements lncentive D) Burlingame Shuttle tn reven s qo a_ 40o/o 30% 10lo 20Yo er m E I2 s3E+.t -rlntf Please note, the above figures are subject to change depending on future sidewalk projects the City may undertake.I lncome Received lnterest lncome BID Assessment Collected Other lncome $ 1,338.27 26,500.00 65.00'1 Total lncome Received $ 29,103.27 --- Detail of Funds as of Februarv 28. 2002. (Funds on Hand) r' YA [& I J B), a @ (E ffiI E t ffi D D z ) G i a EJas d N E EE8 z $88 BROADWAY BUSINESS IMPROVEMENT DISTRICT I 399 Broadway, Burlingame, CA 9401 0 h Page 2 March 12,2002 City Manager Exoen ditures Seasonal Decoration Expense Streetscape Beautif ication lnsurance Shuttle Contribution BID Events Miscellaneous Expenses Checking Account I Checking Account ll Checking Acount lll HJ H +TE{t 3,565.75 17,260.00 325.00 5,000.00 4,537.0O 1,266.00 $ 2,650.75 45,790.51 966.75 D-( ) 6 V Total Expenditures $ 31,953.75 Status of Funds as of February 28,2002 (Funds on Hand) s \Jo F f_ 3 g Iz -FtnO Total lf you have any questions, please do not hesitate to contact me at A.V.R Realty, lnc. (650) 342-2073. Si Ross Il" IFlt' r,i B h# 6 ,nt O{ f 53 Ulr] E m E E H e o President, BID --- E m $_49-4080t ffiF rr- ltrtar! AGENDASTAFF REPORT HONORABLE MAYOR AND CITY COUNCIL March 18,2002 PUBLIC WORKS 8b#ITEM MTG. DATE 4t1to2 TO: DATE: FROM SUBMITTED BY APPROVED BY SUBJECT: RESOLUTTON AUTHORTZTNG DIRECTOR OF PUBLIC WO TO ACCEPT THE GRANT DEED FOR A SANITARY SEWER EASEMENT AT 101O CADILLAC WAY RECOMMENDATION: Staff recommends that Council approve the attached resolution authorizing the Director ofPublic Worksto acceptthe grant deed for the sanitary sewer easement at 1010 Cadillac Way - APN 026-233- 080. BACKGROUND : As part of the conditions for approval of the private development proj ect for Rector Motors , the applicant was required to grant a lO-foot wide easement to the City for access to a relocated public sewer main. The easement is l0-foot wide by approximately 45-feet long measured from the center of the easement. The applicant has agreed to accept responsibilrty for maintenance of the easement area above ground EXHIBITS: Resolution, Grant Deed, Plat & Legal Description T. Chang, P.E. Senior Civil Engineer Tel. 650-558-7230 t.City Clerk S:\A Public Works Directory\Staff Reports\l010cadillac2.srf.wpd - STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL March 19,2002 PUBLIC WORKS AGENDA ITEM # MTG. DATE 8c 4t1to2 TO: DATE: FROM: SUBMITTED BY BY SUBJECT: RESOLUTION AWARDING TRAFFIC SIGNAL PROJECT AT FORNIA DRIVE/CARMELITA & CAL]FORNIA DRIVE/MORRELL AVENUE TO M!KE BROWN ELECTR]C COMPANY - CITY PROJECT 9910 (2,3) RECOMMENDATION: It is recommended that Council award the Traffic Signal Project at California Drive/Carmelita Avenue and California Drive/Morrell Avenue to Mike Brown Electric Company in the amount of $203,700. BACKGROUND: On March ll, 2002, bids were opened for the Traffic Signal Project and three (3) bids were received ranging from $203,700 to $251,848.50. Mike BrownElectric Company is the lbwest responsive bidder with a its bid price of $203,700 which is 38% below the engineer's estimate. Mite Brown Electric bo-p*y', low bidprice is consistent with the current trend of bids received by the City. It is observed that due to the dbwnturn in the economy and more availability of contractors, the bid prices are lower. DISCUSSION: Staff has verified the contractors references and work experience. Mike Brown Electric has donesimilar work for our City in the past and is well qualified to do the workbn this project. PROJECT: This project involves installing a traffic signal at the intersection of California Drive/Carmelita Avenue and installing a pedestrian signal at the California Drive/Morrell Avenue pedestrian crossing. The installation of thesetraffic signals will improve safety to both pedestrians and vehicular traffic at these intersections. The project construction is tentatively scheduled to begin by May 2002 and, is expected to be completed by Ju,ly 2002, weatterpermitting. EXHIBITS: Resolution, Bid Summary, Project Site Map BUDGET IMPACT: Estimated Constructions Costs Are: Construction Contingencies Construction testing & Inspection Staff Administration TOTAL City c: City Clerk, Finance S:\A Public Works Directory\Staff Reports\99l0.stf $203,700 $ 31,000 $ 35,000 $ 1s.000 $284,700 sufficient funds available in the project budget 320-79100(1,2, P.E. - (6s0) ss8-7230 ) to perform the construction. CITY OF BURUNGAiIE alD SUMI'ARY TFIAFFIC SIGNAL AT CAUFORNIA ORIVEICARMEUTA AVENUE & PEOESTRIAN SIGNAL AT CAUFORI{IA DTxvE MRREL AVENUE ctTY PROJECT NO. t9l0 (2,31 BD SCHEOULE A IRAFFIC SIoNAL AT CALIFORNIA DR'VE CARUEUTA AVEiII.|E Columbla El,.ctrlc,hc Cotari, CA olv Unil I.IRAFFIC SIGNAL 1 Sisoal and Lishlins 49.744.m $89,74{.00 2 $55,000-00 $55,m0_OO s23.741.0O $23.741.00 II. SIGNING ANO STRIPING $1.75O.m 43.500.00 s500_00 $1.0oo.oo t2.2s $1.200.00 $2.2s $1.170.00 $2.00 630.00 $2.25 t33.75 $20o.oo t200,oo $120.0o $120.@ 8 Rsmove Stop Maftinos 80 SF t2.00 $160.00 i2.25 $180.00 9 lnstall 12'Vlnile Umil Lin€s $2.00 t130.00 $2.25 $1116.25 ,0 Inslall 12" Cros$'valk Martiog.$2-0o s420.oo $2.25 $172.5O 1'1 lnstall lMrite aotl (Typ€ A) and Renedit/€ Mafksrs Typ€ G p€r Cdnans E€iails # 38C 200 s2_00 9ro0.00 s2.25 3450 00 12 lnstall Dooble Ydloi', Stiping wili Bot Ool3 Oype AY) ffd Rdl€ctivo Mart€rs 120 Calhens Detail * 23 III. OTHER WORK $6-00 $720.00 13 R€locab Ens0ng lrngalion System 1 LS $15,000.00 $15,000.00 $500.00 t500.00 $7@.00 $70o.u)a30o.0o 33OO.0O $50o.0o s500.00 015,0@.00 015,000.00 subtotal $2J3,847.50 3l/17576.00 $r53,552.50 BID SCHEDULE B PEDESTRIAN SIGNAL AT CALIFORN1A DRIVE/ I.IORR€LL AVEXUE otv Unit I- TRAFFIC SIGNAL 1 Signaland Ughling 1 LS $73,4OO.00 s73,/100.00 $69.0OO.0O $69.000.0O II. SIGNING ANO STRIPiNG 2 Re.mr€ Flashinq Beacon, Po3l. Sion 2 EA $1,0oo.0o 92,0OO.oO $400.00 t800.00 $1,200.00 t500.00 $1,000.@ 3 lf,slall R96 Sigtr 1 EA $200.00 ;200.00 t200_00 $200.0o t220.@ $220.00 Removs'PED XING" Maikinss 13.50 31,960.00 $2-m $1,!20.@ t2_oo $1.r20-oo 82.25 t1.260.00 5 Remove ExLling Cro$ ralt $3.50 $2,800.00 $2.00 t2.0o a1,600.00 $2-25 $1,800.00 6 Remov€ Exbting Bot Dots fiyp€ AY snd Typ€ D Ren€djv€ Ma*ers) 7 lnsrall ooubl€ Yellow srripiog witrt aol Oot! Typ€ AY and lype D RelecliE Ma.ters p€r calrans oelril * 23 t3.00 I \ /hilo Bot Dots (TypE A) snd Renedivs Marken Gyp€ G) per Callrsns Detail t 3AC 9 lns€|, 2. \ /hite Llfttt Llnes $5.00 t325.00 i66O.0O 92.25 $297.0O 11 Painl Curb Red - Top & Side 't5t 13.0o $453.@ $2.00 $302-00 $2.00 $3O2.m t2 25 $339.75 t. oTHER WOR( '12 Rel,ocal6 En$ng Bonch $25.0O $50_oO s5{rc.00 $1,0o0.@ 13 RelocaG Enslino Bus Sions s200.@ 14 lnstall PedesLian Banier 1 EA s3,8@.@ 15 Remove Strest Ught Pad & Backfll 1 LS 17 lnsiall Hedicap R mps 19 ,l LS i5.000.00 s5,000.00 i8.000.00 s8.@0.@ $1,000.00 t1.000-00 t10.000.00 t10.0@.oo 20 1 TS t5.0@.@ E5,0@.@ 12.500.00 52.500.@ BID SCHEDULE B 906.@ $35S777.60 t203,700.00 t235,646.00 1251,84!.5O lunir Prie lTobrs lIUffi I | $1os.ooo.ool $1o9,ooo.oolI illsfits ifTrsooooT ilrrsoooo alor2ooool $1or2oo.oo tEoJoo.ooT sro'ooo.oo 3lRe,nove Flashlns Bercon. Posl, Sisn | 2lEA zlRemove'PED xrNG'Ma*inss l56olsFffiffi lt@o Sel $roooool---- $4oooo I ffi t20o.0ol t2o0.o0l $100.001 510o.ooffilTlReiiffi J 65ILF t sioof s3rtoolI 35 ml $t o50 mlf--;r-;;lttt l"-1,.*."1 I saool s195.oo t3.ool g63{)-00 t $"-I $"--rul r""- ---otpoooo-l--Ttooooo---- I4olir | *.*l ,uoo.oott I iTso ool s75o m I 32.ooo.ool t2.ooo.oo I $to.ooo.ool tlo.ooo.@ I 32.500.001 s2.500.00 T---------Ti rg?r1"oo ffi I islMobilizarid I ilr s I 16lTrafic contol I rlls flopoqool $1opoo.oo ffi@I BIOSCHEDULEA Iudr-PriLliorarL ffi --E,s3?ooT s6fi3?oo--I55pqq.ool-$55pood $2,,loo 0o !Coo-.oo-$ooE l560lSF lsoolsF KE l-1.. ffi W $6.00 0240.00 $225.00$3.00 ffiffi t $r2sJ-Jr4€25,lf $soo t--- $soo.ooT--tr "ooopo ---EEooT $lsooooI 2lEA | 2tEA 3200.001 t1oo.ool lr2o-ool 324o-ml 825o-ool s5oo ool rloo ml $2,s00.001 92,500.001 3a,0oo.0ol s.,mo.ool 34,200.001 E4.200.001 t3,8oo.0ol i1.00o.qrl $r,000.001 5r.250.001 u25o.0ol $r.o0o.@l t1.0oo.0ol t25o.0ol 3250.00 ffi I 2lEA I $3,500.001 $,000.001 $r,s80.001 s3,960.0o1 tr,980.001 l3,9oo.0ol tr,8oo.ool $3,600.00 ffi@Is"bt"t"t T$lot$old $\--- PROJECT LOCATION BURLINGAME ERoJEef_stTE MAP (rloT ro sc lf) STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL March 18,2002 PUBLIC WORKS AGENDA ITEM # MTG. 8d 4t1to2 DA TO: DATE: FROM SUBMITTED BY APPROVED BY SUBJECT: RESOLUTTON AWARDTNG CALIFORNTA DRTVE RESURFACT PROJECT - CP 8023(1) RECOMMENDATIONS: It is recommended that the Council approve the attached resolution awarding the resurfacing project to Top Grade Construction, Inc. in the amount of $669,797. It is also recommended ttrat stiffbe authorized to issue change orders tp to 45% of the construction work. DISCUSSION: Bids were opened on March 7, 2W2 and nine bids were received. Bids ranged from $669,797 to $807,973. The low bid was approximately 2l% below the engineer's estimate of $849,00t.-fne low bidder, Top Grade Construction, Inc., has met all the requirements of the project and has a past history of satisfactory work foi other public agencies. The project consists of asphalt leveling sourse, asphalt overlay and street re-construction on California Drive from Broadway to Peninsula Avenue and on Broadway from Carolan Avenue to Rollins Road. A majority of the work will occur between 9:00 p.m. and 5:00 a.m. to minimize traffic impacts. Construction is expected to be completed by July. In order to be able to extend the limits of paving and associated work and maximize the use of Federal funds, it is requested that staff be authorized to issue change orders and quantity adjusffnents of up to 45% of the construction award. There are sufficient funds in the budget to accommodate this change order amount. EXHIBITS: Resolution, Agreement, Bid Summary, Map BUDGET IMPACT: The following is a financial sunmary for the project: Expenditures: Funds Availabiliw: Consffuction Contingencies (45%) Consultant Testing & Inspection Engineering Administration Miscellaneous Total: $669,797 $300,000 $ 69,000 $ 55,000$ 3.203 $1,097,000 Proj ect Authorization : Carry-over from last year's Resurfacing program: Total: $869,000 $228.000 $1,097,000 T. Chang, P.E. Senior Civil Engineer c: City Clerk, Finance, Top Grade Construction, Inc S:\A Public Works Directory\Staff Repons\8023(1)award.wpd Top crd. Cffihcid. trc G. CITY OF BURLIT{GAME BID SUMMARY CALIFORNIA ORIVE RESURFACING PROGRAM City Project No. 8023(1 ) N[.qE G.F,Hd. Grd4 tP.r4, tF.OWy hrng, hq tGqlrc X6E OESCRIPTION OF ITEM ESTIMATE o UNIT UtrIT PRICE TOT& COST UNIT PRICE TOTru COST UNIT PRICE lOTAcosT UNIT PRICE TOT&UilIT PRICE TO1& cosT UNIT PRICE TOTA COST UNIT PRIG TOTA cosr UNIT PRICE IOTI cosT UNIT PRICE TOTAL cosTA. CALIFORNIA DRIVE RESURFACING: I AC. Diood Reoaf s TON $tlo m g_1$.1 $&m t4.m.@ $$o ls.m.@ tlomm 9170 @ $r 7mm tiom ts.@ $mm 3Sm 9S.@ 5mm imm ltTm 11,mmsm10TONt1.7m.@ llo@ lrmd ,m@ lzD t70 m $mm 371 6 tlsm ilffim sm w.716.mAC. Levelino Cou6e 1rc TON i57 m ssm tBm HUmm B.m.@ ro I rzmm 17415m $s.@ ss92m 3$O $12mm ,$@ lm&m lsm l7l m s.8m s!sioA.C. Cold Plane 270 c Mmm $s.m.@ 3&m $9.ffi.@ la.6 970 !52m $75.rcm t37 S !7.m 1111.gm $5.@ slmm t3M&70 s. Y.s24.210.@ t2.70 s2i 7&m $2.@ 11616m Is2.m st516m sr.175m sis $r5.s3.@ $79 ffi.&.@ &fr6 t45&O 3t@ g&d 97.670.m $s to.97 s&7$ s.osacH llr-&lgm mm 119mm slag.@ tus@ ,3100 Strmm t2,m.@ pm I srom-t€@ 317.1@.m 10 tlo.ga@ lsMm lt2mm t24 m $6.O.@ 3m.@ $12M6 11 tg.&mTrafic Sional Detedor looDs 16 acH $om $um 331 mm s3s m ss.1@m ts.@ 337.1@.m 12 TvDe A' &'AY' lPavemen! Ma*ersl 12.@ 19.8.@ pm sBm 19.75 @ 32&t13 ?1a b $12.245.m 9S 12.s s12266 ;T; $-$Twe'Y & Blu6 (Pev€ment Ma*eE)1.701 acH $o $5m $.rc.s $&s.m I es'14.s $.ai5s 18.s.@ 14 f SoH Lin€ - Paint 1m 19.@ 3!m0 s.o 60 ts.@ 94 to.@ w&s.s 1.315 L. F.$2.m.m ll.m s1 315 m 11.@ ll 315 m sl.@ 31 315 m 31 m ltm J'S164" Soh Lins - Psid ll& m I$1S.m $2d s1$.m llsm t30 st$o t0.s ttm 11 a2.mL. F,,6.d0.@ t1.4 g-7m $r.@ !3Gm ltm 34.8.75$1.S 34675 :T=tts g,m.o 18 117 acH st 176 m $m ti.abr t5.m Bm6 $6 l7.m 11.@@ " I .*tr la@ DMM l?@ 12 07a m t2.@ t2.o74 6 9i i1.75 11 ala 75 32m 32 07a m zo:l rzor.o 326 h.m s-mH6ndicao Leoonds ilcH $&6 s$m 370.@ tbb ae@ -l ihm t5.o s6 INTERSECTION 1 t' AC Lev6lino CouBe t6.@ t2.7$.@ $2.70.6 ss.m sm 1746 3 t7a m sa.oZ AC O6day 4rc TON ssm t$m l*3rm --l 1@.m $70 m $s,m.@ ss.@.o Cob Plene AC l3'l ta.@ 19.@.@ trs 56 4 lr3.&.@ gre I 5$.@ $17.m.O md 49.@ st7&m gm 1.1Q s.Y.$5.175.6 s&s3t2m mm $3i2m s&s,o15.s $.m.@ la.@ 31.S.m 3r9.@ 179.@ ,ra* I 51S.m 3S.O o- I ..*, 2 acH m.c smm smm am.m s275@ r@l mm lQ.@ s.@ 510.2€.m a8.o @ trdff ts@ 19.1@.m sd $m.6 aloM6 3mm 31t mm I Tv@ 'f e 'Af (PaErenl M!ft68),{ucH s0 326 t2m t2$@m .lrsm $s.@ lm.@ i5.@ 36m $.m rcm ar, -t I $m w6 $m 3$2 m tt0m 10 10 !2m ss t1 m $$ras t6.@ $.&sm...-tt1L, F,ll.m 3mm sr.m mm $1.@ 3Mm 11d ltm 12 t' Sold Line - Paid 10 t2d l5m ;t_@ ltom lo.@ $.s sm $5.@ 32$s3.o s&m *lt*m l0.s t5m 12 $lid Lin6 - Paint 16 u.o 5&.d s14 s1%-@ttm s16 547.$42.@ l{H.@ 14 12.@ t752 0 t2_@ $s ti.75 @m 120 175? m .l;t3m ta Mffiffi.@MAOreilaMruffiNE I ss wo E2.9 Tollltlt nrr*rr totll rlt *i a, n mlrr , t ar Ht rr 4 lPMno Reintoru Febto T<_ tmo 35.@ .end.f,Ar.^x-D.i^i t d i a; a: I 4 +t" \$ o lr,l =6l sz= c Js:?5oo:6I-':'.:3! O2 g >; tso li a) > q. a o (j 1 U ?\ e{\ ? s. lrt !, i! I \ ti l;i o a a0 J .i E z. ul A( A 2\ZSr\-f ^\\] I tO s.,, s d2t hs ct$ \J + + -'+--""4 "rrr" STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL March 6,2002 PUBLIC WORKS AGENDA ITEM # MTG. 8e 4t1to2 TO: DATE: FROM SUBMITTED BY A BY SUBJECT: WEEDS AND RUBBISH ABATEMENT ON PRIVATE PRO - JOB NO. 80610 RECOMMENDATION: It is recommended that the City Council approve the attached resolution setting apublic hearing for May 20,2Cf/2 for the 2002 Weed and Rubbish Rbitement Program on public and priv-ate property. BACKGROUND: Each year the City estabtishes the Weed and Rubbish Abatement Program to abate weeds on public and private property. Once the hearing date is set, property owners will be notified to abate theirweeds. At the public hearing, propefiy owners objecting to suih procledings may be heard. BUDGET IMPACT: Staff time will be spent on this program as in previous years. Work authorized by the Cityto remove weeds and rubbish on private propelty will be paid for by liens assessed with the tax roll in July ofthis year. EXHIBIT: Resolution P.E. pa f : \apublicworksdir\saffrepons\weeds. stf Syed City City City c:Attorney Clerk STAFF REPORT HONORABLE MAYOR AND CITY COUNCIL March 18,2002 PUBLIC WORKS AGENDA ITEM # MTG.4t1to2 8f TO: DATEI FROM SUBMITTED BY BY SUBJECT: RESOLUTIONS TO SUPPORT STATE LEGISLATION REGARDI FINANCING AND SUPPLY BAY AREA REGIONAL WATER RECOMMENDATIONS: Staff recommends that Council approve the following resolutions:. Support for Senate Bill 1870, The Bay Area Water Reliability Financing Authority Act o Support for Assembly BiIl2058, The Bay Area Regional Water Supply and Conservation Agency Act BACKGROUND: The City of Burlingame receives all of its water from a Bay Area regional water system operated by the San Francisco Public Utilities Commission (SFPUC). The system also serves approximately 2.4 million persons who live in San Francisco as well as Alameda, San Mateo and Santa Clara Counties. Snrdies completed over the last five years have concluded that the regional system is in extremely poor condition and would be subject to catastrophic damage in the event of a major earthquake, including the loss of water for Burlingame of 60 days. The SFPUC has delayed for several years approving a multi-billion dollar construction program to improve the regional water system and has not acted to obtain financing for the work. DISCUSSION: In order to address concerns regarding regional water financing and supply, two bills have been introduced in the State Legislature which are summarized as follows: 1. Senate Bill 1870 (introduced by Senator Speier) o authorizes the formation of a funding agency made up of Bay Area Water Users Association (BAWUA) of which Burlingame is a member o authorizes the agency to issue revenue bonds to finance key San Francisco PUC projects to improve the reliability of the regional water system. contemplates that the agency will not award construction contracts itself, but instead makes the proceeds of the bonds available to the San Francisco PUC for the work with agency oversight 2. Assembly BiIl2058 (introduced by Assembly Members Papan and Dutra) o authorizes the formation of an agency made up of BAWUA members o authorizes the agency to make conffacts with other entities o authorizes the agency to plan, finance, acquire, construct, maintain and operate facilities for the collection, transmission, treaffnent, reclamation, reuse and conservation of water o authorizes the agency to borrow money and issue bonds for improvements to the San Francisco PUC regional water system o authorizes the agency to acquire water rights as well as deliver and sell water on a wholesale basis EXHIBITS: Resolutions; Transmittal Letters; SB 1870; AB 2058 BUDGET IMPACT: Approval of the resolution does not have a financial impact. The cost of future regional water system improvements benefitting Burlingame will be included in the price charged for SFPUC water. 650-558-7230 c: City Clerk S:\A Public Works Directory\Sraff Reports\SB 1870 AB2058 SR.wpd SENATE BILL No. 1870 Introduced by Senator Speier February 22,2002 An act to add Division 31.7 (commencing wirh section 81600) to the Water Code, relating to water. sB 1870, as ,,'#:'::t':;:H*';#"'f," water Reriablity Financing Authority.(l) Under existing law, the City and County of San Francisco (city) operates the Hetch Hetchy Project as a regional water delivery system, supplying water to persons and entities in the city and the couniies of Alameda, San Mateo, and Santa Clara. This bill would enact the Bay Area water Reriability Financing Authority Act. The bill would provide forthe formation ofihe nay Are-awater Reliability Financing Authority by 26 public entitiel that purchase water from the city. The bill would authorize those public entities to adopt a resolution as to whether to form and join the autirority. The bill would require the Board of Supervisors of Sin Mateo county to determine whether or not resolutions to form the authority have been .adopted by an unspecified percentage of those pubric entities. If so, thebill.would require the clerk of that board of supervisors to file a certificate with the Secretary of State and would require the secretary to issue a certificate of formation. The bill would thereafter authorizl certain public entities, including the city, to become members of the authority. The bill yoqd require each member of the authority to appoint one member to the board, and would require the Boards oi s.rpi.uisors of san Mateo cor.mty and Santa clara county to each appoint one membeq to a 4-year term on the board. The bill wourd ailow each director to 99 r .sB 1870 -2- receive compensation prescribed by the board, and would provide for the reimbursement of reasonable expenses incurred in the performance of duties. The bill would grant each director one vote on any ordinance, resolution, or motion. The bill would authorize the authority to issue revenue bonds to improve the reliability of the city's regional water system. The bill would require the authority to make determinations prior to financing projects on behalf of that regional water system. The bill would require the city to impose a surcharge on each wholesale customer of the city for the purposes ofganerating sufiicient revenue to carry out the act. The various requiranents established by the bill for local public entities in connection with the formation and opemtion of the authority would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of Cali.fornia do enact as.follows: SECTION 1. Division 31.7 (commencing with Section 81600) is added to the Water Code, to read: DIVISION 3I.7. BAY AREA WATER RELIABILITY FINANCING AUTHORITY Cxeprsn l. GelrsRAI- PRovtstoNs eun Drr'rul:toNs Article 1. General Provisions l0 11 81600. This division shall be known and may be cited as the 12 Bay Area Water Reliability Financing Authority Act. 13 81601. The Legislature finds and declares all of the 14 following: 15 (a) The City and County of San Francisco has acquired or 16 constructed a system of reservoirs, pipelines and tunnels, and I 2 J 4 5 6 7 8 9 99 f- -3- SB 1870 I treatment plants that provides water to 2.4 million Californians 2 who live in San Francisco and in neighboring communities in 3 Alameda, San Mateo, and Santa Clara Counties.4 (b) Over two-thirds of the Californians who rely on San5 Francisco's regional water system, approximately 1.6 million 6 persons, live outside San Francisco. A substantial majority of7 industrial, commercial, institutional, and governmental users are8 also located in neighboring communities rather than in San9 Francisco itself.l0 (c) The reliability of this water infrastructure system is of vital I I importance to the health, welfare, safety, and economy of the 12 region which it supplies. 13 (d) In turn, this region is of vital importance to the entire State 14 of California, because of the resident industries, universities, andl5 commercial enterprises that employ millions of Californians andl6 generate billions of dollars in exports and tax revenues to the state.17 (e) The regional water system is old, designed to outdated 18 seismic safety standards, and either crosses or is located on, or 19 adjacent to, three major active earthquake faults, the Calaveras20 Fault, the San Andreas Fault, and the Hayward Fault. Engineering 21 investigations have disclosed that the system is at risk of22 catastrophic failure in a major earthquake. Many areas in all four23 counties now served face intemrptions in their supplies of potable 24 water for up to 30 days, and some areas could be without water for 25 as long as 60 days.26 (f) Intemrptions in water supply of this magnitude and duration27 to a densely populated meffopolitan region would be disastrous for28 public health and safety and for the regional and state economy. In29 addition, uncontrolled releases of water from pipelines, funnels,30 and reservoirs could create severe flood damage and3l environmental harm to fish and wildlife habitat in the communities32 in which those facilities are located.33 (g) The City and County of San Francisco has delegated34 responsibility for the stewardship of the regional water system to 35 the San Francisco Public Utilities Commission. The commission36 does not have suffrcient funds to carry out even a small portion of37 the repair, reconstruction, and new construction necessary to38 substantially improve the structural integrity of the regional water 39 system. In addition, the commission is prohibited from raising40 water rates to customers within the City and County of San 99 r sB 1870 -4-I Francisco until July 2006, as a result of an initiative measure 2 adopted by the voters of that city and county in 1998. 3 (h) Unlike most local government entities in California that4 operate water supply systems, the commission is prohibited by5 local law from issuing revenue bonds for many water-related6 projects unless those bonds are approved by a majority of the7 voters in the City and County of San Francisco.8 (i) It is not certain whether or when authorization for the9 commission to issue revenue bonds for the rehabilitation of the 10 regional water systan will be granted by the San Francisco Board I I of Supervisors and the mayor; nor is it certain whether the voters 12 of the City and County of San Francisco would approve those 13 bonds.14 (l) Many sepa.rate cities, special districts, and public utilities 15 are responsible for the distribution of water in portions of the bay 16 area served, on a wholesale basis, by the San Francisco regional 17 water supply system. The distribution of responsibility among 18 many agencies impedes coordinated regional actions, includingl9 financing, to respond to the crisis. (k) The state has concerns for the safety, health, and economic strength of the region that warrant requiring San Francisco to take prudent steps in a timely manner to safeguard all Californians who live in the areas dependent on San Francisco's regional water system and to exercise stewardship over the system in a way that recognizes its regional nature and statewide importance. (/) It is the intent of the Legislature to enable the local public entities in Alameda, San Mateo, and Santa Clara Counties that rely on the San Francisco regional water system, acting collectively, to secure funds necessary to implement the prompt construction and reconstruction of the San Francisco regional water system and to make those funds available to the City and County of San Francisco on mutually agreeable terms if the City and County of San Francisco does not itself secure funding and commence construction of the most critical seismic safety projects. Arttcle 2. Definitions 81602. Unless the context otherwise requires, the definitions in this article govern the construction of this division. 20 2t 22 23 24 25 26 27 28 29 30 31 32 JJ 34 35 36 37 38 39 99 l- I 2 J 4 5 6 7 8 9 10ll 12 l3 t4 l5 t6 t7 l8 t9 20 2t 22 23 24 25 26 27 28 29 30 3l 32 JJ 34 35 36 37 38 39 40 -5- sB 1870 81603. "Authorrty" means the Bay Area Water Reliability Financing Authority. 81604. "Board" means the board of directors of the authority. 81605. "Capital improvement plan" means _. 81606. "City" means the City and County of San Francisco. 81607. "Eligible public entities' means the 26 public entities in San Mateo County, Alameda County, and Santa Clara County that purchase water from the city pursuant to the Master Water Sales Contract,that include Alameda County Water District, City of Brisbane, City of Burlingame, Coastside County Water District, City of Daly City, City of East palo Alto, Eitero Municipai Improvement District, Guadalupe Valley Municipal Improvemint District, City of Hayward, Town of Hillsborough, Los Trancos County Water District, City of Menlo park, Mid-Feninsula Water District, City of Millb'rae, City of Milpitas, City of Mountain Mew, North Coast County Water District, City of palo Alto, purissima Hills Water District, City of Redwood City, City of San Bruno, City of San Jose, City of Santa Clara, Skyline County Water District, City of Sunnyvale, and Westborough Water Oisirict. 81608. "Project" means a work and all of the activities related to, or necessary for, the acquisition, construction, operation, and maintenance of a work including, but not limited to, planning, design, financing, contracting, project management, and administration. 81609. "Regional water system,, means facilities for the storage, treatment, and transmission of water operated by the city located in the Counties of Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, San Mateo, and three terminal rrrervoirs i, the city. 81610. "Work" includes, but is not limited to, reservoirs, water treatment plants, and facilities for the transmission of water identified in the capital improvement plan and related to the regionalwater system. CHaprsR.2. FonvamoN or AuruoRrry Article 1. Resolution of Intention . 8^161.5. (a) The governing body of a public entity identifiedin Section 81607, by a majority vote of all its members, may 99 r sB 1870 -6-I declare the intention of that entity to form the authority with all of 2 the other public entities identified in that section. 3 (b) The resolution shall meet all of the following requirements: 4 (1) Identiff the name of the public entity adopting the 5 resolution. 6 (2) Identifu the name of each public entity proposed to be a 7 member of the authority. 8 (3) State that the initial territory of the authodty shall be the 9 combined territory of all the public entities that become members l0 of the authority, as that territory exists at the time of the adoption I I of the resolution, 12 (4) Fix the time and place within the boundaries of the public 13 entity adopting the resolution at which a hearing will be held by 14 its governing body to determine whether to form the authority and l5 whether to become a member. The date of the hearing shall not be 16 less than 30 days, nor more than 60 days, from the date of the 17 adoption of the resolution. l8 (5) Direct publication of the resolution one time in a newspaper 19 of general circulation within the boundaries of the public entity 20 adopting the resolution at least two weeks prior to the date set for 2l the hearing.22 81616. The governing board of the public entity adopting the 23 resolution pursuant to Section 81615 shall mail a certified copy of 24 the resolution to the governing body of each public entity 25 identified in the resolution as a proposed member of the authority. 26 The governing body of each proposed member may adopt a 27 resolution fixing the time and place within the boundaries of that 28 public entity at which a hearing will be held to determine whether 29 to form the authority and whether to become a member. The date 30 of the hearing shall be not less than 30 days, nor more than 60 days, from the date of the adoption of the resolution. The resolution shall be published one time in a newspaper of general circulation within the boundaries of that public entity at least two weeks prior to the date set for the public hearing. Article 2. Formation Hearings 81617. At the times and places specified in the resolutions 39 adopted pursuant to Sections 81615 or 81616, the governing body 40 of each public entity shall hold a public hearing on the questions 31 32 33 34 35 36 37 38 99 I -7 - sB 1870 1 of whether to form the authority and, if so, whether to become a 2 member. 3 81618. As soon as practicable afterthe date of the completion 4 of the public hearing described in Section 81617, and in any event 5 not later than - days thereafter, the governing body of each 6 public entity shall adopt a resolution that declares the furding of the 7 governing body as to whether to form the authority and, if so, 8 whether to become a member of the authority. The adoption of the 9 resolution, whether affirmative or negative, shall be subject to l0 referendum pursuant to Division 9 (commencing with Section 11 9000) of the Elections Code, but shall not be a "project" for 12 purposes of Division 13 (commencing with Section 21000) of the 13 Public Resources Code. 14 81619. Upon the adoption of the resolutions required by 15 Section 81618, the governing body of each public entity shall 16 cause a certified copy of that resolution to be forwarded to the 17 Board of Supervisors of San Mateo County. 1819 Article 3. Establishment of Authority 2A21 81620. Not later than 14 days from the date of the receipt of 22 the resolutions pursuant to Section 81619, the Board of 23 Supervisors of San Mateo Coirnty shall determine whether or not 24 resolutions to form the authority have been adopted by at least 25 - public entities representing collectively at least - percent 26 of the water deliveries of ali the public entities identified in Section 27 81607. In making that determination, the board of supervisors 28 shall use the water delivery quantities set forth in Section -. If 29 - or more public entities representing collectively -30 percent or more of those water deliveries have adopted those 3l resolutions, the board of supervisors, by order entered in its 32 minutes, shall declare that the authority has been formed and list 33 each public entity that is a member of the authority. 34 81621. The Clerk of the Board of Supervisors of San Mateo 35 County, not later than 10 days from the date of the entry of an order 36 described in Section 81620, shall file a certificate with the 37 Secretary of State identifuing the name of the authority and the 38 names of each public entity that is a member of the authority. The 39 board of supervisors shall include a map showing the boundaries 99 t- sB 1870 -8 - I of the authority, with reference to the boundaries of each member 2 public entity. 3 81622. The Secretary ofState, not laterthan 10 days fromthe 4 date of the receipt of the certificate described in Section 81621, 5 shall issue a certificate of formation reciting that the authority has 6 been formed pursuant to this division and identifuing the public 7 entities of which the authority is comprised. The Secretary of State 8 shall transmit a copy of the certificate to each public entity that is 9 a member of the authority. I 0 8 1623. The formation of the authority shall be effective on the I I date of the issuance of the Secretary of State's certificate. 12 81624. No invalidity or irregularity in any proceeding that 13 does not substantially and adversely affect the interests of any 14 public entity identified in Section 81607 may be held to invalidate l5 the formation of the authority. 16 81625. Any action or proceeding in which the validity of the 17 formation of the authority, or any of the proceedings in relationl8 thereto, is contested, questioned, or challenged shall be 19 commenced not later than 90 days from the date of the Secretary 20 of State's certificate of formation. In the absence of that action or2l proceeding, the formation and legal existence ofthe authoriry and 22 all proceedings in relation thereto, shall be held to be in every 23 respect valid, legal, and incontestable.24 81626. The formation of the authority, and any proceedings 25 to increase its membership pursuant to Section 81664 or 81664.5, 26 are not subject to Division 3 (commencing with Section 56000) of 27 the Government Code.28 81627. The authority is a political subdivision of the state, and 29 a water district for the purposes of Section 8 of the Raker Act (63 30 P.L.4t). 3l 32 Cuapren 3. GovpmusNr or AurHomry JJ34 Article l. Board of Directors 3536 81628. The authority shall be governed by a board of 37 directors.38 81629. (a) The governing body of each mernberpublic entity 39 shall appoint one member to the board of the authority. Each 40 director shall be a registered voter and reside within the boundaries 99 r -9 - SB 1870 1 of the member public entity whose goveming board appoints him2 orher.3 (b) For the purposes of subdivision (a), the governing body4 may appoint one of its own members to the board if the person5 otherwise meets the requirements of that subdivision.6 (c) (1) The Board of Supervisors of San Mateo County shall7 appoint one member to the board who is an officer or employee of8 the California Water Service Company.9 (2) The Board of Supervisors of Santa Clara County shalll0 appoint one member to the board who is an offrcer or employee of 11 StanfordUniversity. 12 (d) No incompatibility of offrce shall result from an electedl3 oflicial serving on the board of the authority and on the governing 14 board of a member public entity. A board member may vote on 15 contracts or other matters involving the member public entity he 16 or she represents.l7 81 630. Each director, before entering upon the duties of his or 18 her oflice, shall take the oath of office as provided for in the 19 Constitution and laws of the state.20 8 163 1 . (a) Each director shall serve for a term of four years.2l (b) Notwithstanding subdivision (a), the directors initially 22 appointed to the board shall determine, by lot, that one-half plus 23 one of their number shall serve for four years and the remaining 24 directors shall serve for two years. Thereafter, each appointing 25 authority shall appoint a person to replace its respective director 26 or may reappoint its director for an unlimited number of terms.27 (c) A vacancy on the board shall be filled by the respective28 appointing authority not later than 90 days from the date of the29 occurrence ofthe vacancy.30 81632. Each director may receive compensation in an amount 3 I prescribed by the board, not to exceed one hundred dollars ($ t OO; 32 per day for each day's attendance at meetings of the board, not to 33 exceed four meetings in any calendar month. In addition, each34 director may be reimbursed for acfual, necessary and reasonable 35 expenses incurred in the performance of duties performed at the 36 request of the board. The compensation of directors may be37 increased pursuant to Chapter 2 (commencing with Section38 24200) ofDivision 10. 99 t- sB 1870 - 10 -I 81633. A majority of the members of the board constitutes a2 quorum for the transaction of business. The board may act only by3 ordinance, resolution, or motion.4 81634. The board shall hold its first meeting as soon as5 possible after the appointment of the initial directors. At its first6 meeting , and at its first meeting in January each year thereafter, the7 boardshall elect a chairperson and a vice-chairperson from among8 its members. 9 81635. The board shall provide for the time and place of 10 holding its regular meetings. All meetings of the board shall be I I called and held in accordaace with Chapter 9 (commencing with 12 Section 54950) of Part I of Division 2 of Title 5 ofthe Governmentl3 Code).14 81636. Each director has one vote on any ordinance, 15 resolution, or motion before the board. Except as provided in 16 Section 81653, the affirmative vote of a majority of all members 17 of the board is necessary and sufficient to carry any motion, 18 resolution, or ordinance.19 81637. (a) On all ordinances and resolutions, the roll shall be20 called and ayes and noes recorded in the minutes of the proceedings of the board. (b) Motions may be adopted by voice vote, except that the roll shall be called at the request ofany director. Article 2. Offrcers and Employees 81640. The board shall appoint a general manager, a financial officer, and a secretary. The board may establish other offices that29 may be necessary or convenient. The board shall appoint, and30 prescribe the duties, compensation, and terms and conditicns of31 employment of, all officers.32 8 1641 . The board may employ other employees that the board33 determines are necessary or convenient and may delegate to the34 general manager the authority to employ or contract for the35 services of additional assistants or employees that the general 36 manager determines to be necessary or convenient to operate the37 authority.38 81642. The board may require, and establish the amount of,39 official bonds of officers and employees that are necessary for the40 protection of the funds and property of the authority. 2t 22 23 24 25 26 27 28 99 I 1 2 4 5 6 7 8 9 - 11 - sB 1870 81643. (a) Article 4 (commencing with Section 1090) of Chapter I ofDivision 4 of Title 1 of the Govemment Code applies to all officers and employees of the authority. (b) The authority is a "local government agency" for prrposes of ihe Political Reform Act of 1974 (Title 9, (commencing with Section 87100) of the Govemment Code). l0 Article 1. Powers 1112 81645. The authori$ may exercise the powers that are 13 expressly granted by this division, together with other powers that 14 are reasonably implied from those expressed powers, and powers l5 necessary and proper to carry out this division. 16 81646. (a) The authority may make contracts of any nature, 17 including, but not limited to, contracts to employ labor, to 18 indemnifu and hold harmless, and to do all acts necessary or 19 convenient for the fuIl exercise of its powers. Cruprpn 4. Powsns aNo Fuxcrtous op Auruozu:rv (b) The authority may contract with any department or agency of the United States or the state, or with any public or private entity, or person. 81647. The authority may take by grant, purchase, bequest, devise, or lease and may hold, enjoy, lease, sell, or otherwise dispose of real and personal property of any kind, within or outside the boundaries of the authority. 81648. The authority may apply for and receive state and federal grants, loans, and other financial assistance. Article 2. Financial Matters 8 1 650. The board shall adopt a budget for each fiscal year. 8 I 65 1 . The accounts of the authority shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants with experience in auditing the accounts of local public entities. 81652. The authority may borrow money, incur indebtedness, and issue notes and bonds as provided in this division, or as otherwise authorized by law. 20 2l 22 ZJ 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 99 I sB 1870 -12 81653. (a) The authority may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all ofthe members of the board, after notice and public hearing. For the purposes of issuing bonds pursuant to this subdivision, the authority need not conduct an election or otherwise secure the approval ofthe voters within the boundaries of the authority. (b) In addition, the authority may issue revenue bonds pwsuant to Article 2 (commencing with Section 6540) of Chapter 5 of Division 7 of Title 1 of the Government Code. (c) The authority may issue revenue bonds for a project described in subdivision (d) only if the board, by a two-thirds vote of all of its members, determines that the city has not secured financing and awarded a contract for the construction of that project on or before the applicable date identified in that subdivision, or has requested the authority to issue those bonds for the benefit ofthat project. (d) For the purposes of subdivision (c), the projects are as follows: I 2 J 4 5 6 7 8 9 l0lt t2 13 t4 l5 l6 t7 l8 19 20 2t 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 Date of Contract AwardProject 1. Irvinglon Trurnel Altemative 2. Crystal Springs Pump Station & Pipeline 3. BDPL I & Z-Repair of Caissons/Pipe Bridge 4. BDPL Pipeline Upgrades at Hayward Fault 5. Calaveras Fault Crossing Upgrade 6. Crystal Springs Bypass Pipeline 7. BDPL Cross Connections 3 & 4 8. Conveyance Capacity West of Irvington Tunnel 9. Calaveras Dam Seismic Improvements Location Alameda/Santa June30,2004 Clara San Mateo County June 30,2008 AlamedalSan June 30,2005 Mateo Alameda County June 30, 2005 Alameda County June 30, 2004 San Mateo County June 30, 2005 Alameda/Santa June 30, 2003 Clara Alameda,/Santa June30,2005 Clara/San Mateo Alameda County June 30,20S5 99 l- - 13 - sB 1870 1 81654. The authority may issue bonds for the purpose of 2 refunding any rcvenue bonds of the authority, whether due or not 3 due.4 81655. The authority may issue negotiable promissory notes 5 to acquire funds for any authority putpose. The notes shall have a 6 term not to exceed five years. The total amount of notes issued 7 pursuant to this section that may be outstanding at any one time 8 may not exceed - million dollars ($-1. I 81656. Bonds and other evidences ofindebtedness issuedby 10 the authority are legal investments for all trust funds and for funds l1 of all insurers, commercial and savings banks, trust companies, 12 and state schools. Funds that may be invested in bonds of cities, 1 3 cities and counties, counties, school districts, or other local entities 14 may also be invested in bonds and other evidences of indebtedness 15 of the authority. l6 81657. The board shall impose assessments sufftcient to pay 17 the operating expeoses included in the budget, which shall be an 18 obligation of each member public entity. The assessments shall be 19 based on the water delivery amounts set out in Section -.20 81658. (a) The proceeds of revenue boads issued by the 2l authority in accordance with this division may be used only on 22 projects designed and intended in substantial part to improle the 23 reliability of the regional water system, including, but not limited 24 to, strengthening the system's ability to withstand seismic events' 25 (b) The proceeds may be made available for the purposes set 26 forth in subdivision (a) upon terms and conditions that the board 27 determines necessary and appropriate. The terms and conditions 28 shall include, but are not limited to, the city's entering into one or 29 more legally binding contracts with the authority that, at a 30 minimum, do all of the following: 3l (l) Identify specific projects for which the proceeds are to be 32 used. 33 (2) Grant to the authority the authority to oversee and audit the 34 disposition of proceeds to third parfy consultants, suppliers, and 35 contractors. 36 (3) Grant to the authority the authority to determine the 37 procedure by which contracts are awarded to consultants, 38 suppliers, and contractors. 39 (4) Grant to the authority the authority to inspect the 40 construction of projects on which bond proceeds are expended. 99 l- .SB 1 2 3 4 5 6 7 8 9 10 11 t2 l3 t4 15 16 t7 18 19 20 2r 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1870 -14 - (5) Require the city to provide complete, accurate, and timely information to the authority on the expenditure of the bond proceeds. (6) Require the city to include a surcharge in the water bills sent to iliwhoiesale customers of the city, including all of the public entities that are identified in Section 81607, Stanford University, and the California Water Service Company, in an amount that will generate sufficient reYenue to pay the wholesale customers' share of OeUt service on the bonds, which share shall be determined by each wholesale customer's proportionate share of current annual use. (7) Require the city to transmit the proceeds of the surcharge collected by the city to the authority in the manner determined by the authority for payment of the debt service' 81659. (a) The city shall include a surcharge, in an amount or amounts determined by the authority, in the water bills sent to each wholesale customer of the city, including all of the public entities that are identified in Section 81607, Stanford University, and California Water Service Company. (b) The proceeds of the surcharge shall be collected by the city and transmitted to the authority for the purposes of carrying out this division. Article 3. Controversies 81660. The authority may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction. 81661. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title I of the Government Code. 81662. An action to determine the validity of any contract, bond, note, or other evidence of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. 99 t- 1 2 J 4 5 6 7 8 9 10 11 t2 l3 t4 l5 l6 t7 18 l9 20 2t 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 )t 38 39 4A _15_ Cuepren 5. Crunces nq ORGaNzertoN sB 1870 81663. Any territory annexed to, or detached from, a member public entity, upon completion of the annexation or detachment, shall be deemed annexed to, or detached from, the authority. 81664. A public entity identified in Section 81607 that is not a member at the time the authority is formed pursuant to Section 81622, may thereafter become a member of the authority by one of the following procedures: (a) By consolidation, merger, or reorganization with an existing member public entity that results in the dissolution of that member public entity and the acquisition of the assets of that member public entity by that proposed new member public entlry The new member public entity may appoint one director. (b) By joining the authority, with the approval of the board and subject to those terms and conditions that the board determines are necessary to ensure that the proposed new member pays an equitable share of the costs previously incurred by the authority. 81664.5. The city may become a member of the authority pursuant to Section 81664. Cneprrn6. Mrscpllaxeous 81670. Membership of any public entity in the authority does not affect the identity or legal existence, nor impair the powem, of that public entity. 81671. The city shall provide the authority with prompt access to any public records requested by the authority unless those records are exempt from disclosure pursuant to Section 6254 of the Government Code. The city may not withholdpublic records from the authority pursuant to a balancing of the public interest in accordance with Section 6255 of the Government Code. 81672. This division shall be liberally construed to carry out its purposes. SEC. 2. The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 3. The Legislature finds and declares that the act adding this section, which is applicable only to the Bay Area Water 99 r .sB 1870 -16- I Reliability Financing Authority, is necessary because of the 2 unique and special water supply problems prevailing in the 3 geographic area that may be included in the boundaries of the + auttroritv. It is, therefore, hereby declared that a ggneral law within 5 the meaning of section 16 of Article IV of the california 6 Constitution cannot be made applicable to the authority and the 7 enactment of this special law is necessary for the conservation, 8 development, control, and use of water supplied to that geographic 9 area for the public good. l0 SEC. 4. No reimbursement is required by this act pursuant to 1 1 Section 6 of Article XIII B of the California Constitution because 12 a local agency or school district has the authority to levy service 13 charges, fees, or assessments suffrcient to pay for the progrilm or 14 levei of service mandated by this act, within the meaning of 15 Section 17556 of the Government Code. o 99 r a r: CALIFORNIA LEGISLATURE-2001-{2 REGULAR SESSION ASSEMBLY BILL No' 2058 Introduced by Assembly Members Papan and Dutra February 19,2402 An act to add Division 31 (commencing with Section 81300) to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 2058, as introduced, Papan. Regional Water Supply and Conservation AgencY. (1) Under existing law, the city and county of san Francisco (city) operates the Hetch Hetchy Project as a regional water delivery system, supplying water to persons and entities in the city and the Counties of Alameda, San Mateo, and Santa Clara. This bill would enact the Regional Water Supply and Conservation Agency Act. The bill would provide for the formation of the Bay Area Witer Supply and Conservation Agency by 26 public entities that purchase *ai". from the city. The bill would authorize those public Lntities to adopt a resolution as to whether to form and join the agency. The bill would require the Board of Supervisors of San Mateo County to determine whether or not resolutions to form the agency have been adopted by an unspecified percentage of those public entities. If so, the bill^would require the clerk of that board of supervisors to file a certificate witli the Secretary of State and would require the secretary to issue a certificate of formation. The bill would thereafter authorize certain public entities, including the city, to become members of the agency, subject to certain procedures.-The bill would require each member of the agency to appoint one member to the board, and would require the Boards of Supervisors of 99 r r AB 2058 -2 - San Mateo Comty and Santa Clara County to each appoint one member, to a 4-year term on the board. The bill would allow each director to receive compensation prescribed by the board, and would provide for the reimbursement of reasonable expenses incurred in the performance of duties. The bill would grant each director one vote on any ordinance, resolution, or motion, but would also provide for weighted voting if approved by the board. The bill would authorize the agency to acquire water and water rights within or outside the state; develop, store, and transport water; provide, deliver, and sell water at wholesale for municipal, domestic, and industrial purposes to certain entities; and acquire, construct, operate, and maintain works and facilities to carry out the agency's purposes. The bill would authorize the agency to provide, sell, or deliver surplus water for beneficial uses. The bill would authorize the agency to exercise the right of eminent domain, except that the bill would prohibit the agency from acquiring by eminent domain, or exercising any control over, any water distribution facility owned and operated by the cily, a local public agency, or a public utility without that entity's consent. The bill would authorize the agency to issue revenue bonds to finance the construction or improvement of facilities of the city's regional water system. The bill would require the city to impose a surcharge on each wholesale customer of the city for the purposes of generating sufficient revenue to carry out the act. The various requirements established by the bill for local public entities in connection with the formation and operation of the agency would impose a state-mandated local progmm. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people o.f the State of Califurnia do enact as.follows: SECTION l. Division 3l (commencing with Section 81300) is added to the Water Code, to read: 1 2 J 99 t- 1 2 J 4 5 6 7 8 9 10 -3-AB 20s8 DIVISION 31. BAY AREA REGIONAL WATER SUPPLY AND CONSERVATION AGENCY Cnapren 1. GBNSRAI- PRovtstoNs aNo DErnqtrtoNs Article 1. General Provisions 81300. This division shall be known and may be cited as the Bay Area Regional Water Supply and Conservation Agency A!t. 81301. The Legislature finds and declares all of the 11 following: 12 (a) Many separate cities, districts, and public utilities are 13 responsible for distribution of water in portions of the Bay Area t4 served by the regional system operated by the City and County of 15 San Francisco. Residents in the counties of Alameda, San Mateo, t6 and Santa Clara who depend on the water made available on a 17 wholesale basis by the regional system have no right to vote in 18 elections ia the City and County of San Francisco and are not 19 represented on the Sal Francisco commission that oversees 20 operation of the regional system. 2l (b) The San Francisco regional systern is vulnerable to 22 catastrophic damage in a severe earthquake, which couldresult in 23 San Francisco and neighboring communities being without 24 potable water for up to 60 days. The San Francisco regional system 25 is also susceptible to severe water shortages during periods of 26 below average precipitation because of insufficient storage and the 27 absence of contractual arrangements for alternative dry year 28 supplies.29 (c) The lack of a local, intergovernmental, cooperative 30 governance structure for the San Francisco regional system 31 prevents a systematic, ratianal, cost-effective progmm of water 32 supply, water conservation, and recycling from being developed, 33 funded, and implemented. 34 (d) It is the intent of the Legislature to enable local 35 governments responsible for water distribution in the three 36 counties to establish a multicounty agency authorized to plan for 37 and acquire supplemental water supplies, to encourage water 38 conservation and use ofrecycled water on a regional basis, and to 39 assist in the financing of essential repairs and improvements to the 99 t- AB 2058 4 San Francisco regional water system, including seismic strengthening. (e) fne need for coordinated planning and implementation of strategies for water supply, water conversation, water recycling, and repair and improvement of the San Francisco regional system may appropriately lead to the establishment ofthe Bay Area Water Planning and Consewation Agency. A,rticle 2. Definitions 10l1 81302. Unless the context otherwise requires, the definitions 12 in this article govern the construction of this division. 13 81303. "Agency" means the Bay Area Water Planning and 14 Conservation Agency. 15 81304. "Board" means the board of directors of the agency. 16 81304.5. "City" means the City and County of San 17 Francisco. 18 81305. "Eligible public entities" means the 26 public entities 19 in San Mateo County, Alameda County, and Santa Clara County 20 that purchase water from the city pursuant to the Master Water 2l Sales Contract,that include Alameda County Water District, City 22 of Brisbane, City of Burlingame, Coastside County Water District, 23 City of Daly City, City of East Palo Alto, Estero Municipal 24 Improvement District, Guadalupe Val1ey Municipal Improvement 25 District, City of Hayward, Town of Hillsborough, Los Trancos 26 County Water District, City of Menlo Park, Mid-Peninsula Water 27 District, City of Millb,rae, City of Milpitas, City of MountainView, 28 North Coast County Water District, City of Palo Alto, Purissima 29 Hills Water District, CiE of Redwood City, City of San Bruno, 30 City of San Jose, City of Santa Clara, Skyline County Water 31 District, City of Sunnyvale, and Westborough Water District. 32 81306. "Project" means a work aad all of the activities 33 related to, or necessary for, the acquisition, construction, operation 34 and maintenance of a work, including, but not limited to, planning, 35 design, financing, contracting, project management, and 36 administration.37 81307. "Regional water system" means facilities for the 38 storage, treatment, and transmission of water operated by the city 39 located in the Counties of Tuolumne, Stanislaus, San Joaquin, 1 2 3 4 5 6 7 8 9 99 l- I 2 3 4 5 6 7 8 9 0 -5- AB 2058 Alameda, Santa Clara, San Mateo, and three terminal reservoirs in the city. 81308. "Work" or "works" include, but is not limited to, reservoirs, water treatment plants, facilities for the transmission of water, water conservation measures and programs, facilities for the conjunctive use of surface water and groundwater, and facilities for the transmission of recycled water. 81309. "Zorte" means an improvement district, assessment district, or areabenefiting from a project. I I I Cnaprsn 2. FonvantoN or Acsl.lcv t2 13 Article l. Resolution of Intention t4 15 81315. (a) The governing body of a public entity identified 16 in Section 81305, by a majority vote of all of its members, may 17 declare the intention of that entity to form the agency with all of 18 the other public entities identified in that section. 19 (b) The resolution shall meet all of the following requirements: 20 (l) Identify the name of the public entity adopting the 2l resolution. 22 (2) Identifu the name of each public entity proposed to be a 23 member of the agency. 24 (3) State that the initial territory of the agency shall be the 25 combined territory of all the public entities that become members 26 of the agency, as that territory exists at the time of the adoption of 27 the resolution. 28 (4) Fix the time and place within the boundaries of the public 29 entity adopting the resolution at which a hearing will be held by 30 its governing body to determine whether to form the agency and 31 whether to become a member of the agency. The date of the 32 hearing may not be less than 30 days, nor more than 60 days, from 33 the date of the adoption of the resolution. 34 (5) Direct publication of the resolution one time in a tewspaper 35 of general circulation within the boundaries of the public entity 36 adopting the resolution at least two weeks prior to the date set for 37 the hearing. 38 81316. The governing board of the public entity adopting the 39 resolution pursuant to Section 8 13 15 shall mail a certified copy of 40 the resolution to the governing body of each public entrty 99 r AB 2058 -6.- I identified in the resolution as a proposed member of the agency. 2 The governing body of each proposed member may adopt a 3 resolution fixing the time and place within the boundaries of that 4 public entity at which a hearing will be held to determine whether 5 to form the agency and whether to become a member. The date of 6 the hearing shall be not less than 30 days, nor more than 60 days, 7 from the date of the adoption of the resolution. The resolution shall 8 be published one time in a newspaper of general circulation within 9 the boundaries of that public entity at least fwo weeks prior to the 10 date set for the public hearing. l1 12 Article 2. Formation Hearings l314 81317. At the times and places specifred in the resolutions 15 adopted pursuant to Section 81315 or 81316, the governing body 16 of each public entity shall hold a public hearing on the questions 17 of whether to form the agency and, if so, whether to become a 18 member.19 81318. As soon as practicable after the completion of the 2A public hearing described in Section 81317, and in any event not 2l later than - days thereafter, the governing body of each public 22 entity shall adopt a resolution that declares the finding of the 23 governing body as to whether to form the agency and, if so, 24 whether to become a member of the agency. The adoption of the 25 resolution, whether afftrmative or negative, is subject to 26 referendum pursuant to Division 9 (commencing with Section 27 9000) of the Elections Code, but shall not be a "project" for the 28 purposes of Division 13 (commencing with Section 21000) of the 29 Public Resources Code. 30 81319. Upon the adoption of the resolutions required by 31 Section 81318, the governing body of each public entity shall 32 cause a certified copy of the resolution to be forwarded to the 33 Board of Supervisors of San Mateo County. 3435 Article 3. Establishment of Agency 3637 81325. Not later than 14 days from the date of the receipt of 38 the resolutions pursuant to Section 81319, the Board of 39 Supervisors of San Mateo County shall determine whether or not 40 resolutions to formthe agencyhave been adoptedby at least- 99 r a -7 - AB 2058 t public entities representing collectively at least- percent ofthe 2 water deliveries of all the public entities identified in Section 3 81305. In making that determination, the board of supervisors 4 shall use the water delivery quantities set forth in Section -. If 5 - or more public entities representing collectively -6 percent or more of those water deliveries have adopted those 7 resolutions, the board of supervisors, by order entered in its 8 minutes, shall declare that the agency has been formed and list 9 each public entity that is a member of the agency. 10 81326. The Clerk of the Board of Supervisors of San Mateo 11 County, not later than l0 days from the date ofentry ofan order 12 described in Section 81325, shall file a certificate with the 13 Secretary of State identifuing the name of the agency and the 14 nirmes of each public entity that is a member of the agency. The l5 board of supewisors shall include a map showing the boundaries 16 of the agency, with reference to the boundaries of each member 17 public entity. l8 81327. The Secretary ofState, not laterthan l0 days fromthe l9 date of the receipt of the certificate described in Section 81326, 20 shall issue a certificate of formation reciting that the agency has 2l been formed pursuant to this division and identiffing the public 22 entities of which the agency is comprised. The Secretary of State 23 shall transmit a copy of the certificate to each public entify that is 24 a member of the agency. 25 81328. The formation of the agency shall be effective on the 26 date of the issuance of the Secretary of State's certificate. 27 81329. No invalidity or irregularity in any proceeding that 28 does not substantially and adversely affect the interests of any 29 public entity identified in Secfion 81305 may be held to invalidate 30 the formation of the agency. 3l 81330. Any action or proceeding in which the validity of the 32 formation of the agency, or any of the proceedings in relation 33 thereto, is contested, questioned, or challenged shall be 34 commenced not later than 90 days from the date of the Secretary 35 of State's certificate of formation. In the absence of that action or 36 proceeding, the formation and legal existence of the agency, and 37 all proceedings in relation thereto, shall be held to be in every 38 respect valid, legal, and incontestable. 39 81331. The formation of the agency, proceedings to increase 40 its membership pursuant to Section 81456 or 81456.5, or the 99 r 1 2 J 4 5 6 7 8 9 AB 2058 -8 establishment or modification of any zone or improvement district is not subject to Division 3 (commencing with Section 55000) of Title 5 of the Government Code. 81332. The agency is a political subdivision of the state, and a "water disffict" for the purposes of Section 8 of the Raker Act (63 P.L. 4t). Cnapren 3. GovsRNN,IENr or AcENcv l0 Article L Board of Directors 1112 81335. The agency shall be governed by a board ofdirectors. 13 81336. (a) The governing body of each member public entity 14 shall appoint one member to the board of the agency. Each director 15 shall be a registered voter and reside within the boundaries of the 16 member public entity whose governing board appoints him orher. 17 (b) For the purposes of subdivision (a), the governing body 18 may appoint one of its own members to the board if that person 19 otherwise meets the requirements of that subdivision. 20 (c) (1) The Board of Supervisors of San Mateo Counf shall 2l appoint one member to the board, who is an officer or employee 22 of the California Water Service Company.23 (2) The Board of Supewisors of Santa Clara County shall 24 appoint one member to the board who is an offtcer or employee of 25 StanfordUniversity.26 (d) No incompatibility of offtce shall result from an electsd 27 official serving on the board of the agency and on the governing 28 board of a member public entity. A board member may vote on 29 contracts or other matters involving the member public entity he 30 or she represents. 3l 81337 . Each director, before entering upon the duties of his or 32 her offrce, shall take the oath of offrce as provided for in the 33 California Constitution and laws of the state. 34 8 1338. (a) Each director shall sewe a term of four years. 35 (b) Notwithstanding subdivision (a), the directors initially 36 appointed to the board shall determine, by lot, that one half plus 37 one of their number shall serve for four years and the remaining 38 directors shall serve for two years. Thereafter, each appointing 39 authority sha1l appoint a person to replace its respective director 4A or may reappoint its director for an unlimited number of terms. 99 r -9 - AB 20s8 I (c) A vacancy on the board shall be frlled by the respective 2 appointing authority not later than 90 days from the date of the 3 occurrence ofthe vacancy. 4 8L339. Each directormay receive compensation in an amount 5 prescribed by the board, not to exceed one hundred dollars ($100) 6 per day for each day's attendance at meetings of the board, not to 7 ixceed four meetings in any calendar month. In addition, each 8 director may be reimbursed for actual, necessary and reasonable 9 expenses incurred in the performance of duties performed at the 10 request of the board. The compensation of directors may be 1l increased pursuant to Chapter 2 (commencing with Section 12 202A0) of Division 10. 13 81400. A majority of the members of the board constitutes a 14 quorum for the transaction of business. The board shall act only by 15 ordinance, resolution, or motion. 16 81401. The board shall hold its first meeting as soon as 17 possible after the appointment of the initial directors. At its first 18 meeting, and at its first meeting in January each year thereafter, the W board shall elect a chairperson and a vice-chairperson from among 20 its members. 21 814A2. The board shall provide for the time and place of 22 holding its regular meetings. All meetings of the board shall be 23 called and held in accordance with Chapter 9 (commencing with 24 Section 54950) of Part I of Division 2 of Title 5 ofthe Government 25 Code. 26 81403. Each director has one vote on any ordinance, 27 resolution, or motion before the board, and the afftrmative vote of 28 a majority of all members of the board is necessary and sufficient 29 to carry any motion, resolution, or ordinance, except when 30 weighted voting is used pusuant to Section 81404 or as otherwise 3 I authorized pursuant to subdivision (d) of Section 8 1 405. 32 81404. Any director may call for the use of weighted voting 33 on any question. If the call is seconded by other directors 34 representing at least - percent of the total number of directors 35 and representing members whose aggregate water deliveries equal 36 at least - percent of the water deliveries of all member public 37 entities, weighted voting shall be used on the question. 38 81405. (a) Weighted voting shall be based on the avetage 39 daily deliveries of water from the city during the fiscal year 40 2000-01 to all member public entities. 99 r AB 2058 - 10 - I (b) when weighted voting is in effect, there shall be a total of 2 100 possible uoies. The allocation of these votes among the 3 mem-ber public entities shall be determined as follows: 4 (l) The average water deliveries of each mernber public entity, 5 as described in Section -, shall be totaled. 6(:2)Eachmemberpublicentitywhoseindividualwaterdelivery7 is leis than 1.5 percent of the total amount calculated pursuant to 8 paragraph ( I ) shall be assigned one vote. The directors appointed 9 by thle Boards of Supervisors of San Mateo Cormty and Santa Clara 10 County shall also be assigned one vote. if (3) ihe water deliveries of all member public_entities assigned 12 one vote pursuant to paragraph (2) shall be totaled and that sum 13 shall be subtracted from the total amount calculated pursuant to 14 paragraph (1). 15 - 1+) fhe-ratio of each remaining member public -entity's16 individual water deliveries to the total water deliveries calculated pursuant to paragraph (3) shall be determined and expressed as a fraction. (5) The total number of votes assigned to member public entities pursuant to paragraph (2) shall be subracted from 100' (6) The amount calculated pumuant to paragraph (5) shall-be multiplied by the fractions calculated pursuant to paragraph (4), with ihe products of that multiplication rounded to the nearest whole number. Each member public entity, other than those assigned one vote, shall receive the number of votes resulting from 26 this calculation. 27 (c) When weighted voting is in effect, the affrrmative vote of 28 -.-b.r* representing more than 50 votes shall be necessary and, 29 except as otherwise provided, sufficient to carry any motion, 30 resolution, or ordinance. 31 (d) Notwithstanding any other provision of this dir.ision, the 32 board may establish alternative procedures and methods for 33 weighted voting, including a limitation on the typel of measures 34 to whictr it applies, by a vote of at least two-thirds of all directors, 35 each director having one vote on the question. 36 81406. (a) On all ordinances and resolutions, and on all 37 questions to be decided by weighted voting, the pll shall be called 38 and ayes and noes recorded in the minutes of the proceedings of 39 the board. 17 18 l9 2A 2l 22 23 24 25 99 t- I 2 J 4 5 6 7 8 9 0 I 2 I - 11 - AB 2058 (b) Motions, other than motions to be decided by weighted voting, may be adopted by voice vote, except that the roll shall be called at the request of any director. Article 2. Officers and Employees 81407. The board shall appoint a general manager, a financial offrcer, and a secretary. The board may establish other offices that may be necessary or convenient. The board shall appoint, and prescribe the duties, compensation, and terms and conditions of employment of, all officers. 81408. The board may employ other employees that the boardI 13 determines are necessary or convenient and may delegate to the 14 general manager the authority to employ or contract for the 15 services of additional assistants or employees that the general 16 manager determines necessary or convenient to operate the 17 agency. The board shall extend offers of employment on termsl8 comparable to those applicable to the employees of the Bay Area I I Water Users Association on January l, 2003, as determined by the 20 board.21 81409. The board may require, and establish the amount of, 22 official bonds of offrcers and employees that are necessary for the 23 protection of the funds and property of the agency.24 81410. (a) Article 4 (commencing with Section 1090) of 25 Chapter I of Division 4 of Title I of the Government Code applies 26 to all officers and employees of the agency.27 (b) The agency is a "local government agency" for the28 purposes of the Political Reform Act of 1974 (Title 929 (commencing with Section 81000) of the Government Code). 303l Cnapren 4. PoweRs aNo FwcrroNs or AGeNCy 32 33 Article 1. Powers 34 35 81415. The agency may exercise the powers that are expressly 36 granted by this division, together with other powers that are 37 reasonably implied from those express powers, and powers 38 necessary and proper to carry out this division.39 81416. The agency may adopt a seal and alter it at pleasure. 99 t- AB 2058 I 2 J 4 5 6 7 8 9 10 11 12 13 t4 15 16 t7 18 l9 20 2t 22 23 24 25 26 27 28 29 30 31 32 JJ 34 3s 36 37 38 39 -72 - 81417. The agency may adopt regulations to carry out this division. 81418. (a) The agency may make contracts of any nature, including, bui not limited to, contracts to employ labor, to indemni$ and hold harmless, and to do all acts necessary or convenient for the full exercise of its powers. (b) The agency may contract with any {epartment or agency of the United Siates, the state, a public or private entlty, or person' 81419. The agency may take by grant' purchase, bequest, devise, lease, or.tiinent domain, and may hold, enjoy,^lease, sell, or otherwise dispose of real and personal property of any kind, within or outside the boundaries of the agency. 81420. The agency may plan, finance, acquire, construct, maintain, and opeiate facilities for the collection, transmission, treatment, reclamation, reuse, and conservation of water' 81421. The agency may disseminate information concerning its activities. 81422. The agency may apply for and receive state and federal grants, loans, and other financial assistance' Article 2. Financial Matters 81425. The board shall adopt a budget for each fiscal year' 81426. The accounts of the agency shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants with experience in audiiing the accounts of local public entities. 814/7. The agency may borrow money, incur indebtedness, and issue notes and bonds, as provided in this division or as otherwise authorized by law. 81428. (a) The agency may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all ofthe mernbers of tire board, after notice and public hearing. For the purposes of issuing bonds pursuant to this subdivision, the agency need not conduit an eleCtion or otherwise secure the approval ofthe voters within the boundaries of the agency' (b) In addition, the agency may issue revenue bonds pursuant to drticle 2 (commencing with Section 6540) of Chapter 5 of Division 7 of Title I of the Government Code' 99 r - 13 - AB 2058 t8:1429.Theagencymayissuebondsforthepurposeof2 refunding any rev6nue-bonds of the agency, whether due or not 3 due. 4S1430.Theagerrcymayissuenegotiablepromissorynotesto 5 acquire funds for irry agenry purpose. The notes shall have a term 6 noito exceed five years. The total amount of notes issued pursuant 7 to this section that may be outstanding at any one time may not 8 exceed - million dollars ($-1 9 81431. The authority granted pursuant to the Improvement 10 Act of 1911 (Division 7 (commencing with section 5000) of the ii -Si;;; anO fiighways Code), the Municipal Improv-ement Act of t2 1913 (Divisioi tZ-(commencing with Section 10000) of the i: Streets and Highways Code), the Improvement Bond Act of 1915 t4 (Division 10 (iommencing with Section 8500) of the Streets and l5 iiigh*uyr Code), and the Mello-Roos Community Facilities Act iO ofiOtZlCtrapterZ.S (commencing with Section 53311) of Part 1 17 of Division Z bf fitte 5 of the Govemment Code) may be exercised 18 by the agency to carry out this division. 19 - Bl43i. Bondsandotherevidences ofindebtedness issuedby 2A the agency are legal investments for all trust funds and for firnds 2l of ali insurers, commercial and savings banks, trust companies, 22 and state schools. Funds that may be invested in bonds of cities, 23 cities and counties, counties, school districts, or other local 24 agencies may also be invested in bonds and other evidences of 25 indebtedness of the agency. 26 81433. The board shall impose assessments suf{icient to pay 27 the operating expenses included in the budget, which shall be an 28 obligation oI.u& member agency. The assessments shall be based 29 on t[e water delivery amounts described in Section -.30 81434. The agencymayuseproceeds ofbonds authorizedby 3l this division for tlie constructioa, reconstruction, or improvement 32 of facilities of the San Francisco regional water system only under 33 one of the following conditioas: 34 (a) The city has become a member of the agency pursuant to 35 Section 81456.5. 36 (b) The board has determined, by a vote -of directors 37 representing at least - percent of the water deliveries to all 38 mfmber p,ittir entities, tliat the crt}/, by legally _enforceable39 contract, has agreed, at a minimum, to do all of the following: 99 r AB 2058 -14 - I (A) Grant to the agency the authority to monitor all aspects of 2 design, contracting, and construction of those facilities. 3 (B) Provide the agency complete, accurate, and timely 4 information on the expenditure of the bond proceeds. 5 (C) Include a surcharge in the water bills sent to all wholesale 6 customers, including al1 of the public entities that are identified in 7 Section 81305, Stanford University, and the California Water 8 Service Company, in an amount that will generate sufficienl 9 revenue to pay the wholesale customers' share of debt service on 10 bonds issued pursuant to this division used for the regional water 11 system and transmit the proceeds of the surcharge to the agency for 12 payment of that debt service. I 3 8 I 435. (a) The city shall include a surcharge, in an amount or 14 amounts determined by the agency, in the water bi11s sent to each 15 wholesale customer of the city, including all of the public entities 16 lhat are identified in Section 81305, Stanford University, and the l7 California Water Service Company. 18 (b) The proceeds of the surcharge shall be collected by the city I 9 and transmitted to the agency for the pwposes of carrying out this division. Article3. Controversies 81440. The agency may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction. 81441. All claims for money or damages against the agency are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title I of the Government Code. 81442. An action to determine the validity of any contract, ot any bond, note, or other evidence of indebtedness, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Csapren 5. Waren Suppt-v 81445. The agency may do all of the following: (a) Acquire water and watsr rights within or oulside the state. (b) Develop, store, and transport water. 20 2l 11LL ./.J 24 25 26 27 28 29 30 3l 32 JJ 34 35 36 5t 38 39 40 99 r t -15- AB 2058 t (c) Provide, deliver, and sell water at wholesale for municipal, 2 domestic, and industrial purposes to any city, county, district, other 3 local public entity, public utility, or mutual water company located 4 withia the boundaries of the agency, and to Stanford university. 5 (d) Acquire, construct, operate, and maintain any and all 6 wods, facilities, improvements, and property within or outside the 7 boundaries ofthe agency necessary or convenient to carry out this 8 division.g 81446. The agency may conduct studies of the water supplies 10 available to its members, and their current and future demand for 11 water. The agency may develop plans for projects and programs 12 that can assisl its members to meet those future water needs' 13 81447. The agency may provide, deliver, and sell water not 14 needed for muniCipal, domestic, or industrial uses within the 15 boundaries of the agency for beneficial purposes but shall give 16 preference to users within the agency. The supply of surplus water 17 inaU m every case be subject to the paramount right of the agency l8 to discontinue that supply in whole or in part upon one year's 19 notice to the purchaser or user of that surplus water. 20 81448. The agency may not sell water to any retail user withil 2l the boundaries of the agency. Sales to StanfordUniversrty shall not 22 be deemed sales to a retail user. 23 81449. Except as provided in Section 81452, the agency may 24 exercise the right of eminent domain in the manner provided by 25 law to acquire any property, within or outside the boundaries of the 26 agency, necessary or convenient to carry out this division. 27 - 81450. The agency is entitled to the benefit of any reservation 28 or grant, in all cases, where any right has been reserved or granted 29 to ihe state, or any agency or political subdivision thereof, or any 30 public corporation, to construct or maintain water-related facilities 3l in, under, or over any public or private lands. 32 81451. The agency may construct and operate works and 33 facilities in, under, over, across, or along any street or public 34 highway or over any of the lands u*rich are the property of the state 35 to the same extent that those rights and privileges are granted to 36 cities within the state. 37 81452. The agency may not acquire by emiaent domain, 38 interfere with, or exercise any control over, any water distribution 39 facility owned and operated by any city, local public entity, or 40 public utiliff without the consent of, andupon those terms that are 99 l- AB 1 2 J 4 5 6 7 8 9 10 11 L2 13 l4 15 t6 l7 18 lq 2A 21 11LL 23 24 25 26 27 28 29 30 31 32 JJ 34 35 36 )t 38 39 40 2058 -16- mutually agreed to by, that city, local public agency, or public utility. Crra.prsn. 6. CHaNces rN OtcaNzertoN 81455. Any territory annexed to, or detached from, a member public entity, upon completion of the annexation or detachment, it att be deemed annexed to, or detached from' the agency. 81456. A public entity idattified in Section 81305 that is not a member at the time the agency is formed pursuant to Section 81328, may thereafter become a member of the agency by one of the following procedures: (a) By consolidation, merger, or reorganizalion with -an existing member public entity thaf results in the dissolution of that membJr public entity and the acquisition of the assets of that member public entrty by that proposed new member public enlt!. The new member public entlty may appoint one director, and for the purposes of weighted voting, the new member shall calculate the iombined quantity of water deliveries of both the former and the new member. (b) Bv joining the agency, with the approval of the board and subject to those terms and conditions that the board determines are necissary to ensure that the proposed new member pays an equitable share of the costs previously incurred by the agency. 81456.5. The city may become a member of the agency pursuant to Section 81456. CseprsaT. Mlscsi-I-eNeous 81457 . Membership of a public entity in the agency does not affect the identity or legal existence, nor impair the powers, of that public entity. 81458. The city shall provide the agency with prompt access to any public records requested by the agency unless the records are exempt from disclosure pursuant to Section 6254 of the Government Code. The city may not wi&hold public records from the agency pursuant to a balancing of the public iaterest in accordance with Section 6255 of the Government Code. 81459. This division shall be liberally construed to carry out its purposes. 99 t- -17 - AB 2058 1 SEC. 2. The provisions of this division are severable. If aay 2 provision of this division or its application is held invalid, that 3 invalidity shall not affect other provisions or applications that can 4 be given effect without the invalid provision or application. S Sf,C. :. The Legislature finds and declares that this act, which 6 is applicable only to the Bay Area Water Planning and 7 Coniavation Agency, is necessary because of the unique and 8 special water supply problems prevailing in the geographic area 9 that may be included in the boundaries of the agency. It is, l0 therefore, hereby declared that a general law within the meaning 11 of Section 16 of Afiicle IV of the California Constitution cannot 12 be made applicable to the agency and the enactment of this special 13 law is necessary for the conservation, development, control, and 14 use of water supplied to that geographic area for the public good. l5 SEC. 4. No reimbursement is required by this act pursuant to 16 Section 6 0f Article xII B of the california constitution because 17 a local agency or school district hasthe authority to levy service 18 charges, fees, or assessments suffrcient to pay for the program or 19 level of service mandated by this act, within the meaning of 20 Section 17556 of the Government Code' o 99 t- STAFF REPORT HONORABLE MAYOR AND CITY COT]NCIL March 2l,2AA2 AGENDA 8gITEM # MTG. DATE 4lLl02 TO: BY DATE: APPROVED rRoM: Rahn Becker, Assistant City Manager 650-558-7222 suBJECT: Resolution Authorizing Submittal of Grant Request to Beverage Container Recycling BY RECOMMENDATION: l. Adopt resolution approving the submittal of a funding request to the State Department of Conservation for a grant to promote beverage container recycling and litter cleanup, and authorizing the South Bayside Waste Management Authority to complete all necessary forms, implement programs and provide information to the Department of Conservation upon request. 2. Transfer $l,g22.gg of prior year Burlingame beverage container grant funds to the SBWMA to be combined with this program. BACKGROUND: State Senate Bill 332 requires the Department of Conservation to distribute funds annually to eligible cities and counties for beverage container recycling and litter cleanup activities. The funds must be used for the collection and recycling of beverage containers at public areas, residential communities or schools, or may be used to educate the public about beverage container recycling and litter prevention. Staff recommends that the grant funds be pooled with other SBWMA jurisdictions to be used for public education, increased multi-family recycling and promotion of beverage container recycling throughout the SBWMA service area. Kathleen Gallagher, Recycling Programs Manager for the SBWMA, will administer the combined grants to the benefit of participating cities. Ms. Gallagher will also attend to all administrative responsibilities associated with this grant. The funding request must be submitted by April 30,2002. BUDGET IMPACT: Two year's funding is to be allocated by the State at this time. This is about $16,200. In addition, the city currently has $1,922.98 left over from a prior year beverage container grant. This will also be turned over to the SBWMA. ATTACHMENTS: Resolution C: Kathleen Gallagher, SBWMA STAFF REPORT HONORABLE MAYOR AI\[D CITY COT]NCIL March 22,2002 AGENDA ITEM #8h MTG. DATE 4lLl02 TO: BY DATE: rRoM: Rahn Becker, Assistant City Manager BY 650-558-7222 SUBJECT: Resolution Authorizing Agreement for Construction Administration Services Recycling RECOMMENDATION: Approve the resolution. BACKGROUND: The city contracts with J. Edwards and Associates to provide consulting and administrative services with respect to our construction and demolition material recycling progftrm. The individual assigned by Edwards works with our Building Division and with developers to put together recycling programs with each project. The annual cost of not to exceed $60,000 will be paid by the South Bayside Waste Management Authority and then included in our rate base for BFI collection charges. The impact on the rate base is minimal. This program is proceeding successfully, and should position us to move over the 500/o state mandated diversion rate this year. ATTACHMENTS: Agreement with J. Edwards and Associates; Resolution t 1 BTJRLINGAME BEAUTM'ICATION COMMISSION MARCH 7.2002 The regularly scheduled meeting ofthe Beautification Commission was called to order at 5.34 p.m. by Vice Chair Hesselgren. ROLL CALLPresent Vice Chair Hesselgrerl Commissioners Camey, Ellis, Lauder, McGowaq and WebbStaff: Parks & Recreation Director Schwartz, SuperintendentRichmon{ Clty ArboristPorter, and Administrative Secretary HarveyAbsent Chairperson Locke ryI f -tIfES - Commissioner McCrowan asked drat his comment at the Febru ary fmeeting be added to the minutes that, (with regard to dre appeal ofthe denial of the removal ofdre Dawn Redwood tree at I 3 60 Vancouver) . . . the ryplicant's aonaetns regariling the Jtooding of the galage (due to the ibain cloggingfrom tree ilcbris), wos not put of the originalpermit opplication or that of the appeol to the Comm*sion The minutes were then approved as corrected. CORRESPONDENCE Letter to Gary and Mary Blythe, 1360 Vancouver Drivg informing them that the appeal ofthe denial to remove a protected Dawn Redwood tree at their address was denied by the Beautification Commission meeting at the February f meeting, because pruning the tree could mitigate their concems. Memo to Commission from Parks Superintendent Richmond regarding the upcoming discussion related to onsite inspections uften assessing appeals for protected tree removal applications- Copy of memo to the City Council from Public Works Director Bagdon regarding Use ofleased Propertv from JointPowers Board Alone CalifomiaDrive. f,R.OMTHE f,LOOR There were no comments from the floor. OLD BUSINESS Superintendent Richmond stated that, upon recommendation from a pnvatetree servicg the applicants submitted apermit application to remove a protected Yew tree on their property to create more light for a Camperdown Elm tree and more grow space for a Magnolia tree also on their property. The applicants also cited possible sidewalk damage from the Yew tree. City Arborist porter denied the application and referred applicanB to the Beautification Commission. After the first hearing the Commission wanted tohear commentfrom the City Arborist before rendering a decision. Arborist Porter stated that he denied the application because the Yew tree is rare to this area; pruning the Yery tree would helpJg provide more light and space to the area; the Camperdor,vn Elm (as weilL a nearby American Elm) is susceptible to Dutch Elm Disease; and the minimat root damage to the walkway is most probably caused by the private Arnerican Elm tree. I ! t Apoeal of the Denial to Remove a Protected Yew Tree @. 2111 Easton Drive - (Contd.) - The Commission discussed the effecb other trees in the area may have on the Camperdown Elm tree and possible alternatives to removal of the Yew tree. Following the discussiorl Commission* McGowan tnovedto deny the appealfor the removal of the Yq tree based. on the potentiolfor future loss of the Camperdown Elm (os weA os the nearby Amsican Elm) &te to the susceptibiltty of Dutch Elm Disease, and because the evergreen Yew tree is an unusual, malure tree thal could be pruneil to open ap sunlight to the Camperdown Elm; seconiled (Lauiler). Motion carrieil 1 - 0 - 2 (abstentionilIfesselgren and. Webb) - 7 (absent/Locke). Sprine Garden Seminar - Safurday. March 23.2002 (9:30 - 11:30 a.m.) Speaker. Tamara Lewis - Tamara Lewis will make a presentation at the Sptirg Garden Seminar on Create a Wilillife Habital in Your Gaillcn The Commission will provide refreshments. NEW BUSINESS Status of Cvclone X'encins on Eastside of California Drive (,South of Oak Grove Avg.) - Superintendent Richmond commented that this item was placed on,the ager-rda following comments from the floor at the February 7e Commission meeting: Referring to the memo dated November 30, 2001 se,nt to the City Council from the Director ofPublic Works, Superintendent Richmond stated that the Cornrcil has already approved the fenced in area on Califomia Drive (Soufi of Oak Grove Avenue) to be used for construction staging for contactors working on Crty projects as well as for stock piling and recycling construction materials from the Corporation Yard- Superintendent Richmond added drat the fencing is permanent and the Director of Public Works has asked Farks Supervisor Disco to make design iecommendations as well as plant specifications for.landscaping around and on the fencing. Superintendent Richmond reported tha since there is no irrigation in the are4 selection of plant material is limited. Superintendent Richmond concluded that if the Commission has suggestions, comments, or additions to thi proposed plant selection, h9 would refer treir comments to Supervisor Disco.. The Commission reviewed the list of possible plant selections and commented on species that might be more suitable. Superintendent Richmond will refer the Commission's recommendations to Supervisor Disco. Review of Urban Reforestation & Tree Protection Ordinance When Conductins Sife Evalu?fions to" protot"d t eu n"-oral App"uls - Superintendent Richmond stated he wanted to provide an to exchange thoughts and ideas with regard to conducting site inspegons on appeals for private tree removals. Section I1.06.060 (d) l-7 of the Urban Reforestation and Tree Protection Ordinance was reviewed and discussed. REPORTS - Richmond - @ Spring planting. Planting will continue drough March. Approxirnately 60 sfieet fees will be planted. 2) The Commissioners' Dinner will be held March 22, zNZ at the Doubletree HoJel. Si Council upheldthe applicants appeal to remove aDawnRedrarcodtree at 136OVancouver. Thevote was4-1. 4) Fublic Works asked for recommendations regarding a new pump station at Grove and Califomia' Drive. Superintendent Richmond recommended that as much existing vegetation as possible dgrU Califomia Drive (easBide) be retained. He also recommended that the fence around the station have dark green slats interwoven into the chain links. Public Works incorporated the recommendations into their final bid package. 5) The Arbor Day cere-ony occurred today (March 7) in Washington Park and went very well- 6i Contract soil injection ofM"rit pesticide for Elm Leaf Beetle and Aphid control is currently being conducted. This application method is far superior to spraying- 2 REPORTS - (Contd.) Webb - Commissioner Webb stated that on the eastside of the Broadway interchange, a large puddle forms; drain4ge with rocls inside the cloverleaf landscape could help to divert the water. Commissioner Ellis noted that water also puddles in Washin$on Park at the main pathway as well as the pathway offVernon Avenue. Commissioner Camey noted that, after a rairq the entrance to the Burlingame High School football field is always flooded too. Superintendent Richmond responded that monies have beenbudgeted for resurfacing the pathways in Washington Park. There being no further business, Vice Chair Hesselgren adjoumed the meeting at7-15 p.m. Respecffirlly submitted, -= KarleneHarvey Recording Secretary aJ MEETINGMINUTES Burlingame Parla & Recreation Commission Thursday, March 21, 2002 The regular meeting of the Burlingame Parks & Recreation Commission was called to order by ChairmanEd Larios at7:03 p.m. in Conference Room "N' atBurlingame City Hall. ROLL CALL Commissioners Present:Dittman, Erickson, Heathcote, Kahn, Larios, Lawson, Minderman, Muller; Youth Commissioners Martindale and Warden Commissioners Absent: None StaffPresent:Parks & Recreation Director Schwartz, Recreation Supervisor Blondino, Recreation Coordinator Tim Barry Others Present:Joanna Bottarini, 1535 Columbus, Burlingame; Caitlin Breen, 1440 Capuchino, Burlingame; Linda Breen, 1440 Capuchino, Burlingame; Brian Firenze, 1240 Oak Grove, Burlingame; George Keen, 701 Occidental, Burlingame; Dino Landucci,3713 Santiago, San Mateo; Jeff Landucci, 363 Connecticut, San Francisco; Joan Landucci,3713 Santiago, San Mateo; Natalie Lanom, 1369 Columbus, Burlingame; Bill Laskey, 1252 Drake, Burlingame, Sandra Pau, 2938 Mariposa, Burlingame; Bitl Smith, 1557 Balboa, Burlingame; Joanna Tong 2938 Mariposa, Burlingame. MINUTES Minutes of the February 21, 2002 regular meeting of the Commission were approved as submitted. I\IEW BUSII{ESS For the convenience of those guests in attendance, Chairman Larios moved New Business up on the agenda. A. Burlingame Girls Softball Leaeue's Opening Dav Ceremonies Director Schwartz reported that the Burlingame Girls Softball League (BGSL) held their Opening Day Ceremonies at8:00amonSaturday,Marchg,2002atRayPark-thehomefacilityfortheleague. Included in the ceremonies were recorded music, a live singer and fireworks. The Burlingame Fire Marshal issued a fireworks permit to the League for the show, which featured 44 Comets, 14 Mines and 8 Concussion Hits. Several neighbors to the Park immediately called the police dispatcher to complain about the noise, while others phoned or emailed the Parks & Recreation Department since then. The emails that were received by the agenda were mailed to the commissioners. Schwartz read portions of two emails that were received after the agenda packets went out. Parks & Recreation Commission Thursday, March 21,2002 - page 2 Bill Laskey, BGSL President, apologized to the neighbors and stated that Pyro-spectaculars, the company that conducted the fireworks display, has put on shows at the Olympics and Pac Bell Ballpark among other locations. Laskey also noted that the show, which was held on the blacktop of Lincoln School, had the permission of the Burlingame School District, Lincoln School's Principal, the Burlingame Police Department and Burlingame Fire Department and that an insurance policy was in place to cover the League, the School Disfiict and the City. Notices were also distributed to neighbors within a two block radius of the Parlg though the notices failed to mention the fireworks because they were intended as a "surprise for the girls". Larios opened the public hearing. Donna Bottarini stated that the ceremony featured Lou Seal (the mascot ofthe SF Giants) and was fun for the children. She apologized for the inconvenience to the neighbors, but pointed out that the league has accommodated the neighbors in the past few years by not starting games before 10:00 am and cleaning the park before and after games. Natalie Lanom, a grandmother and mother of 6 girls who played softball, opposed the notion that senior citizens object to the program. She stated that Burlingame is a family city and needs to remain so. JeffLanducci has never seen such a wonderful display in his 40 years, that the girls were impressed and that people should be thanking Bill Laskey for his efforts. Linda Breen remarked that Ray Park is not BGSL's choice of a facility, the girls are "low man on the totem pole" and the parents are trying to bring the League up. The League would prefer to play their games at Bayside Park. George Keen said that if you move next to a park, you will hear noise. Brian Firenze noted the amount of kids at the Park and that the neighbors only have to put up with the Opening Day event once each year. He stated that if BGSL does noi play theii games at the Park, drug dealers and vandals will move in. Laskey submitted 12 letters of support for the event from league parents and volunteers. Bill Srnith stated that he has four sons involved in baseball and soccer programs and that nothing discussed takes away from the importance or values of youth sports. He iJa neighbor of the Park and was awakened at 6:30am to the sound system being tested in the small park. The first explosion occurred shortly after 8:00am. He questioned the need for the fireworks and stated that the concussion hits are the same type that are used in basic training. The location for the event is wrong, that the Park is not conducive to crowds of approximately 800. The event does not have to be held at 8:00am and does not have to be held at Ray Park. Many of the girls were crying from fear. According to their statements during the meeting, BGSL thinks that the event was proper and that it is the Commission's task to set limits. The annual Billy Sue Tournament is also too large for Ray Park, with people staying alt day to watch the games. Another, larger park is needed for these events. Parks & Recreation Commission Thursday, March 21,2002 - page 3 Joanna Tong said that only 10 teams are invited to the Billie Sue Toumament and that the League cleans the park after the tournament is over. George Keen remarked that because Opening Day is a one time event and the Tournament only lasts two days, there are only three days each year of inappropriate activity. Caitlin Breen reported that she is on a 12 & under team, has played for 7 years and that her friends enjoyed the ceremony. Brian Firenze told the Commissioners that the parks are for kids and asked not to take the park away. If Ray Park is no longer allowed to be used for BGSL play, then other parl<s may not be allowed to be used by other youth sports. Natalie Lanom (in response to a comment from one of the emails) asked the Commissioners not to make decisions based upon realtors. Sandra Pau commented that a home half a block from the Park recently sold for 1.6 million dollars, participation in the program gives the girls confidence and that players from other cities feel that 'toming to Ray Park is like coming to the big leagues". Playing softball is asking children to reach their potential. Laskey stated that the past League presidents have done a great job and that he was trying to turn this into a professional event. The music was not on at 6:30am and, if the League is allowed, the event will be bigger next year. He noted that the League needed to turn away 50 girls this year and that the League will grow next year. Larios closed the public hearing. Commissioner Kahn commended the League, as a former youth sports participan! for the values they teach the children and for being so well organized. She suggested they look to carpooling to lessen the impact of cars and parking on the neighborhood. Commissioner Lawson also commended BGSL for the improvements to the field. She suggested the fireworks be eliminated, that the time of the event is backed up and that Opening Day be moved to a more appropriate location. Commissioner Erickson conrmended the volunteers and the energy of the League. He stated that the issue is not a question about sports, parks or celebration, but is a question ofjudgement regarding the fireworks and the time issue in enclosed space. The activity was inappropriate for the time it was conducted. Youth Commissioner Martindale agreed that the activity would be better held at Bayside Park later in the day. Parks & Recreation Commission Thursday, March 2lr2002 - page 4 Youth Commissioner Warden said that the League is better now than when she participated in it, but suggested that the Opening Day event be moved to the afternoon on the weekend before games are played. She also noted that the League should have warned the neighbors about the fireworks. Commissioner Muller stated that no one is talking about taking away fields, but that the Opening Day event may need to move to a new location. She also questioned the need of such an elaborate celebration for children so young. Commissioner Minderman noted that he lives within a few homes of the park and had no problem with what happened because of the notification. While the "booms" upset people, they provided a "heck ofa good display". Commissioner Heathcote said that this is an up and coming league, with many advancements. The ceremonies are sure to be larger next year with more players. The League should work with the Parks & Recreation Dept. to find a better venue. While nothing was done against the rules, the hour of the event could be moved back - similar to starting the games later. Commissioner Dittman agreed with the comment that the Park existed before the homes, but said that the concussion hits were too much. She asked if the event could be moved to handle the crowds better and to be fair to the neighbors. Larios commented on the prior issues between the League and the residents and noted that there has been a lot of cooperation within the past few years. He stated that no one is against the program and the facility is a much better place to use and to live near, but that if the League is going to get larger, there is a need to move. Larios gave credit to the residents for putting up with the activities and said that this is not a boy/girl issue. He suggested looking for ways to work together, stating that no one is "at fault". The Commission is 100% for kids, but everyone's feelings need to be addressed. Kahn motioned that a policy be developed to cover Opening Day and Special Events of sports leagues at our neighborhood parla. Muller seconded the motion, which passed 7-0-1 (Minderman neededto abstain from voting due to the proximity of his home to the park). Schwartz said that staff will develop a policy, bring it back to the Commission at the April meeting and, after incorporating comments from commissioners, send the policy to the neighbors and BGSL directors for input. The Commission would then be able to finalize the process after having full community involvement. OLD BUSINESS A. Community Recreation Facilities Update. Director Schwartz updated the commissioners on the discussion of a new Community Center at the City Council meeting on March 4,2002 meeting. At that meeting, the Council voted to move forward, when funds are available, with Option #3. Option #3 is the one-facility, outside of Washington Park option recommended by both the Commission and the Citizens' Committee. The project has now been Parlis & Recreation Commission Thursday, March 21,2A02 - page 5 placed in the Crty's Capital Improvement Project plan and progress will continue in temrs of properly acquisition, funding and design. Schwartz also reminded the commissioners that they had earlier stated a desire to consider temporary facilities for teen programs and informed them that staff is currently looking into a couple of possible sites. Chairman Larios asked staff to continue searching options and report back to the Commission. Commissioner Heathcote asked about the progress of converting the maintenance area of the Recreation Center into a teen drop-in room. Schwartz reported that the area will be painted and carpeted within the next month and should be ready for summer. Commissioner Minderman noted tbat a temporary facility could be smaller in size, if need be. Schwartz asked the commissioners to keep their eyes open for possible temporary locations and inform staffof any possibilities. B. Report on Youth Advisorv Committee (YAC) Youth Advisory Commissioners Martindale and Warden reported that (1) five bands have been identified for the upcoming teen concert, (2) several YAC members recently attended a Youth Service Conference in Atherton that focused on issues such as conducting meetings, (3) a very successful *tgb grade dance was held on March 15d', (4) a "Dive-In Movii- wiil b; held at theAquatic Center onlune 1't, and (5) a YAC Feud (quiz show) will be held on March 24h inFoster City. C. Senior Resources Handbook Commissioner Kahn noted that the phone calls to update the Handbook's are nearly done, thanks to the great job done by Martindale and several other students. The calls were also a public relations tool for the Handbook and for distribution sites. Kahn will meet with Schwartz and Commissioner Dithnan to create the next edition. D. Trenton Tot Lot l)edication Ceremonv Schwartz announced that the Trenton Tot Lot's Dedication Ceremony was held that morning. Approximately 40 people attended the even! including 15 preschoolers, several City officials and Lions Club members. The Lions donated $5,000 towards the renovation of this tot lot, as they have for several other tot lots throughout the City. PT]BLIC COMMENTS There were no comments from the public. REPORTS A. Capital lmprovement Project Status - Director Schwartz reported the following: 1. Washington Park Ballfield Improvements. The infield grass is in place, the outfield lights are done, the infield lights are being repaired and the new scoreboard (donated by BYBA) will be installed in the next couple of days. The dedication of the renovated facility will be held in late April. 2. Ray Park lmprovements. The tennis courts resurfacing project is currently out to bid and the restroom will be replaced after softball season. Parks & Recreation Commission Thursday, March 21,2002 - page 6 B.Parks and Recreation Division Report l. See attached. 2. Schwartz presented Commissioner Dittman with a paperweight given by the City Council to the members of the Recreational Facilities Committee in appreciation for the many hours of volunteer service. 3. Schwartz displayed an award presented to the City of Burlingame and Burlingame High School by the California Parks & Recreation Society "for significant contributions to the community" in the year 2001. The award was for the collaborative efforts in the Aquatic Center, the synthetic grass field and the running track projects. 4. Schwartz distributed invitations to each commissioner from Burlingame Youth Baseball Association to attend the Opening Day ceremonies at Bayside Park on Saturday, March 23'd. C.Commissioners l. Youth Commissioner Warden asked that Washington Park be patrolled more often to ensrlre safety of those going through the park in the evening hows. (This information will be sent to the Police Department) 2. Commissioner Dittman requested that the 35+ ygsrr.n's Soccer league shift from 40 minute halves to 30 minute halves. (fhe other league managers will be polled to determine their wishes) 3. Commissioners Heathcote & Muller stated they will not be able to attend the April Commission meeting. 4. Chairman Larios stated that dogs are still running off leash at Ray Park and asked that patrols be increased and that signage at the park be checked. 5. Commissioner Kahn asked if the City had been approached by an operator of a "Boot Camp" fitness program and highly recommends the programs. (The Parks & Recreation has had discussions with one operator) D. Recreation Division Revenue Report - see attached. NEXT MEETING The next regular meeting of the Parks & Recreation Cornmission will be held on Thursday, April 18,2002 at7:00 p.m. at City Hall. There being no further business to come before the Commission, Chairman Larios adjourned the meeting at 9:10 p.m. Respectfu lly submitted, Randy Schwartz Director of Parks & Recreation P*o4,ffi CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA March 25,2002 Council Chambers I. CALL TO ORDER Chairman Vistica called the March 25, 2002,regular meeting ofthe Planning Commission to order at 7:05 p.m. II. ROLL CALL Present: Commissioners Auran, Boju6s, Brownrigg, Keighran, Keele, Osterling and Vistica Absent: Commissioners: None StaffPresent: City Planner, Margaret Monroe; Zoning Technician, Erika Lewit; City Attom ey, Larry Anderson. III. MINUTES The minutes of the February 23, Joint CCIPC meeting were approved as mailed. The minutes ofthe March ll,z}lz,meeting regular ofthe Planning Commission were amended as follows: Item 3; 1204 Cabrillo Avenue, page 10, paragraph 5 line, 6 was amended to read; "A lot of these problems flow from the fact that the house was built to the maximum. @ . The minutes were then approved. rV. APPROVAL OF AGENDA There were no changes to the agenda. v.FROM THE F'LOOR There were no public comments. VI. STUDY ITEMS 1881 ROLLINS ROAD _ ZONED M.l _ APPLICATION FOR CONDITIONAL USE PERMIT AND LANDSCAPE VARIANCE FOR A GYM USE (TONY LOTTICE AND PAUL FERRARI, APPLICANTS; TAIV{AIL{ ICARDI DESIGNS, DESIGNER; SJ AMOROSO PROPERTIES CO., PROPERTY OWNER) PROJECT PLANNER: CATHERINE KEYLON CP Monroe presented a sunmary of the staff report. Commissioners had the following questions and comments: Does applicant have any plans to install or improve outdoor lighting in the parking lot; Are the other tenants on site aware of the proposed use, can they function without using the parking for this business; Is the applicant proposing any security measures; Is the building required to have fire sprinklers; 1 a a a a Will the parking spaces on this site be assigned (labeled) for each tenarrt; a City of Burlingome Planning Commission Unapproved Minutes o Is it necessary that this use remain open until I l:00 p.m.; 2. Moch 25, 2002 a a The quality of the plans for the application should be improved; There are areas labeled "to b demolished" that are clearly not a part of this application; An accurate landscape plan for the entire site should be included as part ofthe site plan and the variance could be eliminated' There is no justification for the landscape variance; it may be possible to eliminate the proposed landscape variance by adding a few well-placed planter strips and making the existing parking more effrcient. This item was set for the regular action calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:15 p.m. 1564 ROLLINS ROAD - ZONED M.l - APPLICATION FOR CONDITIONAL USE PERMIT FOR AUTO STORAGE (TOWING) (HORACIO FREITAS, APPLICANT; HOWARD CHEUNG, PROPERTY OWNER PROJECT PLANNER: ERIKA LEMT CP Monroe presented a summary of the staff report. Commissioners had the following questions and comments: Applicant should supply a drainage plan for the site to indicate filters, indicating drains with filters for collecting oils and contaminants; What are the NPDES requirements for this use on this property; Applicant should provide scaled drawings of the parking plan, including the required striping for 22 code compliant spaces; What was the nature of the neighbor complaint about this use; The applicant's February 19,2002,letter states that there will be no auto dismantling or repair done on site; will the applicant agree to have this as a condition of approval? A site visit revealed that there is currently a boat and some scrap metal also stored at the proposed storage location; applicant should confirm in writing that the area will be cleaned and the only type of storage will before towed automobiles; and The Fire Marshal's memo regarding marking required exiting from the building to the public street should be considered by the applicant when the parking plan is submitted. This item was set for the regular action calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:22 p.m. a a a a 2 1 City of Burlingame Planntng Commission Unapproved Minutes YII. ACTION ITEMS March 25, 2002 CONSENT CALENDAR - ITEMSONTHECONSENTCALENDARARECONSIDEREDTOBEROUTINE. THEYARE ACTED ON SIMULTANEOUSLY WLESS SEPARATE DISCUSSION AND/ORACTION 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. Item 3a; 232Dwight Road was moved to the regular calendar. 38. 1133 CABRILLO AYENUE - ZONED R.l - APPLICATION FOR DESIGN REVIEW FOR ADDITIONS TO THE BASEMENT, FIRSTAND SECOND STORYLEVELS AND SPECIALPERMITS FOR BUILDING HEIGHT AND BASEMENT CEILING HEIGHT (DAVE HOWELL, PENINSULA BUILDING DESIGN, APPLICANT AND DESIGNER; JIM AND KATHY WARD, PROPERTY OWNERS) (62 NOTICED) PROJECT PLAMIER:LEWIT 3Ci ,116 COSTA RICA AVENUE _ ZONED R-l _ APPLICATION FOR DESIGN REVIEW AND VARIANCES FOR SECOND FLOOR SIDE SETBACK, LOT COVERAGE AND FLOOR AREA RATIO FOR A FIRST AND SECOND STORY ADDITION (GARY AND MARY ANN MCHOLS, APPLICANTS AND PROPERTY OWNERS; JERRY DEAL, JD & ASSOCIATES, DESIGNER) (66 NOTICED) PROJECT PLANNER: RUBEN 3D. 21 DWIGHT ROAD - ZONED R.l _ APPLICATION FOR ONE YEAR EXTENSION OF AN APPROVED DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A SECOND STORY ADDITION (RANDY GRANGE, ARCHITECT AND PROPERTY OWNER) (59 \-, NoTICED) PROJECT PLANNER: RUBEN HURIN C. Keighran moved approval of the consent calendar items 3b, 3c and 3d 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 each by resolution. The motion was seconded by C. Boju6s. Chairman Vistica called for a voice vote on the motion and it passed 7-0. Appeal procedures were advised. This item concluded at7:24 p.m. YIII. REGULAR ACTION ITEM 3A.232 DWIGHT ROAD - ZONED R.l _ APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (BART GAUL, APPLICANT AND PROPERTY OWNER; J & M DESIGN. DESIGNER) (74 NOTICED) PROJECT PLANNER: ERIKA LEWIT Reference staff report , 3.25.02, with attachments. ZT Lewit presented the report, reviewed criteria and Planning Department comments. Seven conditions were suggested for consideration. Chairman Vistica opened the public hearing. Bart Gaul, owner and applicant was present to answer questions. He noted that the proposed addition was modest and designed to meet the code requirements and fit into the neighborhood. Commission noted that the proposal was a good start, but improvements could be made to the design; windows are drawn with too many panes in varying pattems and details don't look like traditional wood stucco mold, although that is what is proposed; the chimney could be better integrated into the house, the roof and eave lines have not been resolved and could be ref,rned; the project is a good aJ City of Burlingame Planning Commission Unapproved Minutes March 25, 2002 candidate to be referred to t/he design review consultanl. The owner responded that the intent is to have as ilffi *ffi ;:H,,HHlH$ffi:f,:,i"ffi ifr:1:ffi ,*uii#fl :T:iitff]#::i#T:ilTa the consent calendar; the applicant has made most of the requested revisions. Rick Escobar, 229 Dwight Road, commented that many of the changes now being discussed by the commission were not mentioned dwing the study meeting. The applicant has designed a house he is happy with and that meets all of the code requirements, it is unfair to send him through further review with a consultant. There were no further comments and the public hearing was closed. Commission discussion: there are several minor improvements that could be made to the project to make it a better project. That is the purpose of design review. C. Keighran noted fine job, second story plate height is good, the first floor plan flows well and moved to approve the application, by resolution, with the following conditions: l) that the project shall be built as shown on the plans submitted to the Planning Department date starnped March 15,2A02 sheets A-1 through A-3, and that any changes to the footprint or floor area of the building shall require and amendment to this permit; 2) that any changes to the size or envelope of the basement, first or second floors, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roofheight or pitch, shall be subject to design review; 3) that the Building Departrnent shall not schedule a final inspection for the project until a 24-inchbox size Saratoga, or similar scale species, is planted in the front yard to screen the addition to the house; 4) that the new windows and all the existing windows shall be replaced to be true divided lights with a traditional wood stucco mold; 5) that the conditions of the City Engineer's, Chief Building Offrcial's, and Recycling Specialist's February 4,2002,memos shall be met; 6\ that the project shall comply with the Construction and Demolition Debris Recycling Ordinance whic' 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; andT) that the project shall meet all the requirements ofthe California Building Code and California Fire Code, 1998 edition, as amended by the City of Burlingame. The motion was seconded by C. Auran. Chairman Vistica called for a roll call vote on the motion to approve. The motion passed on a 5-2-0 (Cers. Boju6s and Vistica dissenting). Appeal procedures were advised. This item concluded at 7:38 p.m. 520 F'RANCISCO DRIYE _ ZONED R.l _ APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (TOM HALLENDORF, APPLICANT AND PROPERTY OWNER; FRED STRA Reference staff report, 3.25.02, with attachments. ZT Lewit presented the report, reviewed criteria and Planning Department comments. Five conditions were suggested for consideration. Chairman Vistica opened the public hearing. Fred Strathdee, architect, and Tom Hallendorf, owner and applicant were present to answer questions. They noted that several alternatives had been considered to add relief to the flat wall, but that they were unsatisfactory because they eliminated portions of the backyard. The neighbors adjacent to the wall have no issue with the design. Commission asked: are the window dimensions in the garugeon the floor plan or the elevation correct? Did the applicant consider switching tl^ deck and the bath, or eliminating 1'-0" from the master bedroom and bath to break up the blank wall? The proposed decorative tiles are not dimensioned, what size will they be? The applicant responded that the tiles 4 4. City of Burlingame Planning Commission Llnapproved Minutes March 25' 2002 will be 8" x 8"; the balcony is facing west because there is better light and a view of a tree in that direction and the other direction looks out on an apartment building and l0l; stepping the wall back alters the dimensions of the rooms and resulted in difficulties because it reduced the size of the backyard, involved\-, tearing into the existing house, and resulted in unusable interior areas. There were no further comments and the public hearing was closed. Commission discussion: have some concem about the flat appearance of the wall, but it faces an equally flat wall on the neighboring house, so the impact is minimal; when trees along the property line are full-grown they will help to break up the flat appearance of the wall; the design is the result of trying to orient the house and the yard away from Rollins Road to the freeway, which is very noisy; applicant has added some articulation with the decorative tiles and wrought iron; still concemed about the length and flat appearance of the wall and removing square footage from the master bedroom and bath at this point is an easy solution to the problem; addition still has a box-like appearance and further articulation is needed along the flat wall; the FAR is maxed out with the current design and removing a liule floor area from the bedroom and bathroom to provide interest to the wall is a reasonable request. C. KeighLran moved to refer the application to a design review consultant. The motion was seconded by C. Boju6s. Discussion on the motion: should the project be referred to a consultant or back to the architect with the direction given? Maker of the motion noted that the suggestions for the flat wall were brought up during the design review study session and the changes were not made; believe referral to a consultant is appropriate. Disagree with this analysis; the wall in question is facing a similar wall or another house and will barely be visible; only a portion of the flat wall is visible above the fence and only for a distance of about 40'-0u, which is minor. Chairman Vistica called for a roll call vote on the motion to refer to a design reviewer. The motion passed on a 4-3-0 (Cers. Auran, Brownrigg, and Osterling dissenting). Appeal procedures were advised. This item concluded at 8:05 p.m. 5.1440 CHAPIN AVENUE #100 -ZONED C-1, SUBAREA Bl - APPLICATION FOR CONDITIONAL USE PERMIT FOR A REAL ESTATE USE (TERRY PEP(OZZT AND ALLAN BERNARDI, REA{AX DOLPHIN REAL ESTATE, APPLICANTS; CORTINA INVESTMENTS LTD., PROPERTY OWNER) (l0l NOTICED) PROJECT PLANNER: RUBEN IRIN Reference staff report ,3.25.02, with attachments. CP Monroe presented the report, reviewed criteria and Planning Department comments. Six conditions were suggested for consideration. CP Monroe noted there was an amendment to the conditions and condition #5 should be removed. Commission asked of staff: is it normal for real estate uses to be open until 9:00 p.m.; when will the Fire Marshal review the plans? CP Monroe noted that the applicant could address the question about the hours of operation and that the Fire Marshal would review plans when they were submitted to the Building Department for tenant improvements, the occupancy of the site will be posted. v Chairman Vistica opened the public hearing. Allan Bemardi, applicant, was present to answer questions. He noted that regular staff and business hours are from 9:00 a.m.-5:00 p.m., but that clients frequently requested after hour appointments and that there are security measures on site. There were no further comments and the public hearing was closed. 5 \-, City of Burlingame Planning Commission (Jnapproved Minutes March 25, 2002 C. Bojuds moved to approve the application, byresolution, withthe following amended conditions: l) that the real estate business shall be limited to2,397 SF in Suite 100 at 1440 ChapinAvenue, as shown onth\ plans submitted to the Planning Department and date stamped February 19 ,2002,Partial Ground Floor pla" and Floor Plan for Suite 100, and that the Fire Marshall shall post the occupancy on the site and that should the posted occupancy limits be exceeded at any time this permit shall be reviewed; 2) thatthe real estate business shall have a maximum of 13 full-time and part-time agents and2 full-time and one part-time employees (maximum of 8 on-site atany one time except for group meetings); the number of full-time or part-time real estate agents and employees for this business shall not be increased without an amendment to this permit; 3) that the real estate business may not be open for business except during the hours of 8:00 a.m. to 9:00 p.m., seven days a week and that the applicant shall hold no more thml2 group meetings at this site each year; these meetings shall be on Monday momings between 10:00 a.m. and 11:00 a.m.;4) that any changes in operation, floor area, use, or number of employees, which exceeds the maximums as stated in these conditions shall require an amendment to this use permit; and 5) that the use and any improvements for the use shall meet all California Building and Fire Codes, 1998 Edition as amended by the City of Burlingame. The motion was seconded by C. Keighran. Chairman Vistica called for a voice vote on the motion to approve. The motion passed on a 7-0. Appeal procedures were advised. This item concluded at 8:15 p.m. 6. 1344 BTIRLINGAME AVENUE - ZONED C-1, SUBAREA A - APPLICATION FOR VARLANCE FOR SIGN HEIGHT FOR A NEW WALL SIGN (ALAN FORD, C/O FLUORESCO, APPLICANT; CHANDLER SIGNS, DESIGNER; NAGHI HATAMI, PROPERTY OWNER) (46NOTICED) PROJECT PLANNER: CATHERINE KEYI,ON Reference staff report,3.25.02, with attachments. CP Monroe presented the report, reviewed criteria ant staff comments. Four conditions were suggested for consideration. Chairman Vistica opened the public hearing. Alan Ford, applicant, was present to answer questions. He noted that the owners had found business was not as good as expected at the site and by adding the proposed sign, they hope to increase the visibility of the shop on Burlingame Avenue; architecturally, it is not desirable to put the signage at the allowable height because it covers the transom. In addition, the sign cannot be wired illumination if it is on the transom. For the record, although a nice architectural feature a permit has been issued to place the proposed sign at a lower lever; it has not been installed because of the rapid processing of this variance request. The applicant decided to wait to hear tonight's decision. Commission asked the following questions ofthe applicant: was this the design ofthe original storefront, or was it altered by Lucky Jeans when they took over the space a year ago; why is an illuminated sign necessary; can the type of illumination be clarified; are you aware of any properties on the Avenue with such high signs and what type of signage they currently have; are there different ways to illuminate the sign rather than interior neon lighting? The applicant responded that he did not know if the storefront was original; illumination is necessary because during the heart of the shopping season, October, November and December, it gets dark outside early; there are several other properties on Burlingame Avenue with similar projective signs, including Left at Albuquerque's, Polo, and the luggage store; the letters onthe sign me clear channel letters with neon in the body of the sign that shines through, there is no background illuminated; believes the design ofthe sign is to achieve a retro look to match other signs on the Avenue and to match the style of projection sign, only the work "Jeans" is lit on the existing projecting sign. There were no furthr 1 comments and the public hearing was closed. 6 City of Burlingame Planning Commission Unapproved Minutes March 25, 20A2 Commission discussion: signage, height and amount is appropriate and in keeping with what other merchants have, but feel illumination is not necessary; agree that the attractive transom should not be covered by a sign; see no justification for a variance on the site; a computer mock-up to show the lumens or brightness of the proposed neon sign would be helpful to evaluate the application; the sign would be more appropriate ifthe illuminated portions were not so large and included just the name and logo, not "America's favoritejeans" also. \-, C. Boju6s moved to deny the application. The motion was seconded by C. Keele. Discussion on the motion: if project is denied, the applicant cannot retum with a similarproject for one year; denial without prejudice would allow applicant to make revisions to the current application based on the commission's comments and refurn as an action item. C. Boju6s amended the motion to deny to project without prejudice. C. Keele agreed to the amended motion. Discussion on the motion: the following direction was given to the applicant to consider in revising the application: o Do not cover the transom, nice architectural feature, signage inside from the street (pedestrian level) would be more tasteful; o Provide a mock up if illumination is proposed; o Reduce the size of the sign; reduce the size of the illuminated letters; o The size and height of current application acceptable, but the illumination is not; o Could reduce sign size by removing advertisement and just have store name; o Address the questions on the variance form, provide justification for the proposal hardship of this property not clear; cc.* Chairman Vistica called for a voice vote on the motion to deny the sign variance request without prejudice. The motion passed on a 7-0. Appeal procedures were advised. This item concluala at 9:53 p.m. - DESIGN REYIEW STUDY ITEMS 1310 BAYSWATER AVENUE _ ZONED C-l _ APPLICATION FOR MITIGATED NEGATTVE DECLARATION, COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKINGVARIANCE FOR EXPANSION OF AN EXISTING CHURCH FACILITY (ST. CATHERINE OFSIENNA CHURCH, APPLICANT; KODAMA DISENO ARCHITECTS, ARCHITECT;ROMAN CATHOLIC ARCHDIOCESE OF SAN FRANCISCO,PROPERTY OWNER) (125 NOTTCED) PROJECT CATHERINE IX. 7 CP Monroe briefly presented the project description. There were no questions of staff. 7 \- City of Burlingame Planning Commission Unapproved Minutes March 25, 2002 Chairman Vistica opened the public comment. MaitzaDelgadillo, architect, Father Al Vucinovich, pastor represented the project. Noted that the project had not changed from the scoping meeting; have don^ additional study of the intersections, they will have a service level of LOS B after the project is built; Fathr- Vucinovich indicates that overlapping large events occur about 5 times ayear, the school has no sporting events on the site; there are about 35 weddings a year at the church, they all occur on the week-ends; have discussed the pick up-drop off proposal with the Police Deparknent as commission suggested, the police are pleased with the change, see it as an improvement, would like to see it work and the school to be flexible to consider improvements; they looked at a connection with the city lot and feel that it raises security and legal issues which would not make it work. Discussed with commissioners: reports indicate that only 12-14% of the children are picked up by cars on site, how are the other children picked up? Some walk, some are picked up elsewhere, some stay in the after school progrzlm. What happens when there is a funeral during the week? There is no parking on site while school is in session; if it is a very large event would make special provisions with the school and people could park on the site. Will staff parking be left after the pick-up-drop-offis redesigned? Yes, four spaces on the Park Road side of the rolling gate. Why is this not a two story building, could still be wood frame, would encroach less on parking/playground area, would have a smaller footprint? Evaluated a two story building, had a gleater cost and did not save that many parking spaces, office space provided was less accessible, lost the benefit of first floor offices presence. Was the cost to the city considered in terms of parking demand/in lieu fees? Did look at putting part of addition as a second story over the sacristy, would add staircase, raised structural issues, impacted stain glass windows, in end tried not to tie into the church in anyway. Did you look at creating a better entry gate and adding some landscapingT Will trees be removed with the two driveways on Primrose? No. The portion of the site around the rectory garuge seems to be poorly used now, can it be used ? The garuge is used by the priests for off-street parking. The church doe- not have a parish hall now, it uses the school facilities, to have a parish hall and offices together, near th,. church will improve the function. Did you look at putting the parish hall elsewhere on the site? The proposed hall barely meets minimum parish hall standards at this location and there is no other place for the structure; church owned more land which is now the public parking lot, at the city's request they sold it; finances are an issue here, the parish must fund the cost of this construction. How is parking provided for attendees at mass during the week? Have a daily masses at 7 a.m. and noon, have 60 to 70 attend, ffiffiY walk and parking has never seemed to be a problem, they cannot park on site for these day time evenJs. After school pick up seems to be a bigger problem, will two lanes increase capacity enough? Principal's experience is that it will take parents 6 weeks to implement any plan, then it will be fine. Has the new drop offplan been discussed with the owners/tenants ofthe apartment building? Had a meeting, invited,2 came they did not object; have asked if they ever want to sell, could church have first right ofrefusal. There were no firrther comments from the floor and the public comment was closed. C. Osterling noted that there were a number of items to be addressed and moved that the application be sent to a designieviewer to resolve the issues identified before commission action. The motion was seconded by C. Keighran. Commissioners discussion identified the following items to be addressed: Would like a comparison of congregation size, facilities and on site parking available at OLA and St. Dunston's. Where will the l0 staffmembers displaced by the playgrotrnd park, what provisions can be made? a 8 City of Burlingame Planning Commission Unapprwed Minutes o Landscape plan, with attention to the entry gate, should be included in submittal. March 25, 2002 o Provide a written response on your thinking about how you arrived at the best solution regarding the single story vs. the two story structure, can base on the conceptual sfudies previously done. a a Will traffic back up on Park Road before and after school when children are being delivered/picked up? Does parking study need to be updated, observation is not confirmed by numbers shown in report; may be parking atl:30 a.m. but not at 9:00 a.m. Will mullions in the windows match those in the existing buildings? Plans should show window pattem. o a How did the city obtain the church land now used for public parking? Need verification of some information conceming parking, week-end use of parish hall and weddings. Design reviewer should look to see if there is a way to alleviate difficult parking. a o Design of church should consider community interest, based on the impact of the project on parking. Chairman Vistica called for a vote on the motion to refer this item to a design reviewer. The motion passed on a roll call vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at l0:05 p.m. \-x. PLAI\NER REPORTS Review of City Council regular meeting of March 18,2002. CP Monroe reviewed briefly the planning related items from the March 18,2002, City Council meeting. C. Auran noted that a building permit had been issued at 1109 Bemal for an interior remodel and window replacement. Because none of the requirements for design review were triggered this applicant is not required to have consistent windows through out the building. The replaced windows in this case are vinyl without stucco mold while the first floor windows, not being replaced are true divided lights with stucco mold. The resulting house will not be consistentwiththe neighborhood, in fact will detract from it. Should there be design review of window replacements? Chairman Vistica noted that this item should be placed on the agenda at the next Design Review Subcommittee meeting. C. Osterling asked if there was a way to discuss street tree replacement with the City Arborist, and perhaps limit choice of tree where there was a significant pattern or scale established by existing trees. CP noted that she would pass this concem on to the city arborist. FYI - Minor changes to an approved design review project at l2l9 Vancouver Avenue Commissioners acknowledged receiving this item and felt that the changes were minimal and consistent with the design previously approved. FYI - Minor changes to an approved design review project at 1322 Carlos Avenue Commissioners acknowledged receiving this request and noted that the changes proposed were minor and consistent with the design previously approved. a 9 \- City of Burlingame Planning Commission Unapproved Minutes XI. ADJOURNMENT Chairman Vistica adjourned the meeting at 10:18 p.m. I.]NAPPROVEDMINUTES3 2 5 S:\MlNUTES\unapproedminutes3 25.doc March 25, 2002 Respectfirlly submitted, Joe Bojuds, Secretary 1 1 l0 03-18-02 Crime Classification. Murder and Nonnegligent Manslaughter Manslaughter by Negligence Rape By Force Attempt to Commit Forcible Rape Robbery Firearm Robbery Knife Robbery Other Dangerous Weapon Robbery Strong-Arm Assault - Firearm Assault - Knife Assault - Other Dangerous Weapon Assault - Hands, Fists, Feet Assault - Other (Simple) Burglary - Forcible Entry Burglary - Unlawful Entry Burglary - Attempted Forcible Entry Larceny Pocket -Picking Larceny Purse-Snatching Larceny Shoplifting Larceny From Motor Vehicle Larceny Motor Veh Parts Accessories Larceny Bicycles Larceny From Building Larceny From Any Coin-Op Machine Larceny AI1 Other Motor Vehicle Theft Auto Motor Vehicl-e Theft Bus Motor Vehicle Theft Other SUMMARY OF PART ONE OFFENSES FOR: FEBRUARY, 2002 Last Current Year. 2 PAGE: 1 Act YTD Prev f,UL YTD. 1 1 0 0 0 3 0 0 0 0 5 6 L9 8 t2 0 0 0 8 0 0 0 3 10 5 1 65 1 4 37 1 1 6 5 5 34 23 1 0 1 6 3 1 z3 0 0 Z 0 1 0 0 3 1 0 1 0 29 aaZZ 13 1 4 2 11 6 4 6 13 9 2 2 3 1 1 11 6 6 ,? 18 L7 15 1 z 1B 1 oa B1 L79 20L 9B 81 179 20a 03-17-02 MONTHLY SUMMARY OF C]TY REPORT FOR: PART TWO OFFENSES FEBRUARY, 2002 PAGE: 1 Last Current Year.. Act YTD. Prev Act YTD.Crime Cl-assif ication. . . 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 Crime Conspiracy Credit Card Offenses Cruelty to Dependent Adul-t Curfew and Loitering Laws Death Investigat.ion Disorderly Conduct Driver' s Li-cense Viol-ations Driving Under the Influence Drug Abuse Violations Drug/Sex Registrants Drunkeness Embezzlement Escape .Eixtort f on FaIse Police Reports Fal-se Reports of Emergency Fish and Game Violati-ons Forgery and Counterfeiting Found Property Fraud Gambling Harrassing Phone Calls Hit and Run Acci-dents Impersonation Incest Indecent Exposure Intimidating a Witness Kidnapping Lewd Conduct Liquor Laws Littering/oumping Marijuana Violations MentaI Health Cases Missing Person Missing Property Municipal Code Violations Narcotics Sales/Manuf acture Offenses Against Children 27 29 58 0 0 0 0 0 0 0 0 0 6 6 0 0 2 1 0 Z aZ 0 11 7 0 13 1 0 0 0 0 0 5 15 6 0 L2 8 z 0 3 0 0 0 1 1 7 1-4 5 18 9 0 1 69 0 0 a 0 0 0 0 1 0 4 4 0 1 3 1 0 1 32 4 1 1 1 5 7 9 4 5 1 Z 1 ) 3 4 5 1 11 11 1 2L 10 3 B 4 10 6 a )J 8 .) L4 5 1 a a 1 7 5 0 10 2 0 0 0 1 0 3 4 1 0 10 5 0 0 2 0 0 0 1 0 6 1-2 Z 2L 5 0 I .) 3 7 1 11 3 1 03-17-02 MONTHLY SUMMARY OF CITY REPORT FOR: Crime Classification. . Other Assaults Other Juvenile Offenses Other PoIice Serviie Pandering for immoral Purposes Parole Violations Perj ury Possession of BurglarY Tool-s Possession of drug ParaPhernaliaPossession of obscene l-iterature;picture Probation Violations Prostitution and Commercial Vice Prowling Resisting Arrest Runaways (Under 18) Sex Offenses Sex Offenses against Chil-dren Sodomy Stalking Statutory RaPe Stolen Property; Buying ; Receiving ; Possess Suspended License '1'ax Evasron Temp Restraining Orders Terrorist Threat.s Towed Vehicle Trespassing Truant s f Incorrigible Juvs US MaiI Crimes Vagrancy VandaI ism Vehicle Code Violations Violation of Court Order Warrants - Felony Warrants - Mlsd Weapons ; Carrying, Possessing Welfare Fraud PART TWO OFFENSES FEBRUARY, 2OO2 nlnlr. arhvL. L Last Current Year.. Act YTD Prev Act YTD. 11 11 L9 L7 5 29 0 )AJ= 0 0 0 0 0 0 5 z 0 1 0 1 2 0 0 0 1 7 0 11 Z B2 0 1 tl 0 AJ 6, 1 1 R A 0 aZ 5 1 5 0 0 0 0 0 0 0 0 3 1 0 1 0 0 0 0 1 A 0 0 7 7 4 0 0 0 4 6 2 1 '7 2 0 1 "7 2 aZ 1 2 1 z 7 3 35 2 5 1 39 L9 a 1 3) 32L A 1 o 1 2t2 230 4r2 469 212 230 4a2 459 MONTHLY SUMMARY OF CITATIONS C]TY REPORT FOR: FEBRUARY, 2002 Current Last Year.Crime Classification. . Parking Citations Moving Citations PAGE:8803-18-02 Act YTD Prev Act YTD. a '741 190 -1 0?o l-92 5 ,027 377 tr 12,) JbC' 2,987 2,!'7L 5,404 5,498 . Officer Productivity... Reported On: AIl Officers Data Type Reported on: PARKING BURLINGAME generated on 03 / lB / zooz at 1-2 : L6 : 40 PM Report Range 02/0L/2002 to 02/28/2002 officer:ID: Valid Cnt % A11 valid Voids Cnt % All Voids % V J.ACl DAZA- QUIROZ GARRETT HARRISON JF'OX KIRKPATRICK MORAN ROSCOE 634 501 506 505 502 201 503 748 442 105 243 223 800 153 L6.22 3 .89 I .92 8.18 29.35 5.98 2L.28 2 .1_3 14.89 6.38 23.40 4.26 98.68 97 . ).4 99 .07 97.20 98.67 98 .64 98.79 4527 10 13 1 7 3 11 2 Tota]27 25 47 Page 1 of 1 CITY OF BURLINGAME rEIg IIONTE BAILDING INSPECTION MOr{TIILY PERMIT ACTTVITY trEBRUARy, 2OO2 Permlt t14re New SLngle Famlly Nevr' Mu1ti-Famlly New Corunercial Alteratlons-ReB AlterationE-NonRes DemolLtion Swimming nool Slgn PermiEs Fences Rerooflng Repairs Wlndow RepI Miecellaneous ValuatLoa $o $o $35, 000 $t,362,20O $13 9, 610 $2, 000 $o $7,300 $o $134,433 $1,850 #42,284 $274,638 # Valuatlon 0$0 0 $0 L $12, 000 25 $1,454, 550 9 $X1 ,280,345 5 $10,000 2 i26,500 0 $0 0 $0 22 $309,335 9 942,700 5 $16, 806 L0 $292,0OO ValuatLoa $300, 0oo $o $85, 000 $1,090,753 $91, 000 $o $22 ,538 $10, 200 $o $171 , 860 $o gx9, 130 $141, 415 # Valuatton 0$0 0 $0 2 $48, 000 50 $2,816,850 14 $11,4L9,955 I $12,000 2 $25,500 4 $7,300 o to 33 $443,769 10 $44,550 t2 $59,090 L7 $555,538 * 0 0 1 35 5 3 0 4 0 1t 1 1 7 IJABT MOIITE SAITE !,IONTE LAg? YEAR TEIS YEAR TO D.LTE }ST YEAR TO DATE # ValuatLoa 2 i572,t50 0$0 2 i2,085, ooo 4L $1,525,653 L4 $l_,542,250 5 $12, 000 x. $22,538 7 i26,253 o *o 29 i278,059 3 s12,800 6 $58, 129 24 $354,909 FTBCAIJ YBAR DATE Valuatl.oa $2, 510, o0o $o $Lo, 148 , ooo $8, 4L5, 659 $1G, 334, g63 $51, 000 $48, 500 $48, 125 $6, 700 $1",927,656 $62, 650 $290, 951 iL,L77,867 # 1 0 1 20 4 2 L 2 0 18 0 2 9 # 8 0 5 200 44 35 3 L4 2 163 18 42 59 I TOTAIJS 74 $2,000,315 88 $13,444,337 50 $L,92L,896 162 $15,444,652 134 gd,S99,251 S94 g41, L2L,97L 3/ot/02 8:39 : 10 RECEIVED MAR 1S 2002 CIIY CLERK'S OFFICE eii,i 6F duRiNGr\ME ,3 t y. t -b {qa,,d 4fr4,o-) ,fu dV djJ.-tu 4* -7 /P ,!_ /t?? 7*tu %-- ' t)& d M*5 fu-m- /*^r. f,- k44r"/ A-'-,r) Ruthellen Rosenberger I 109 Dutlerin Ave Bulingme, CA 94010-334,0 {/'* {y',rv dciry Council Manager Attorney respond Response Required ! Dir. Finance ! Pity Plannery'Dir. Public works - Human Resources ! Police Chief !l Fire Chief ! On Next Agenda .l Parks & Rec I Librarian PLEASE SEND A COPY OF YOUR RESPONSE TO THE CITY CLERK 'E* l-&-- #4 D March 20,2002 Burlingame City Council Burlingame CityHall 501 Prirnrose Road Burlingame, CA 94010 RECEIVED t'4AR 2 5 2002 CITY CLERK'S OFFICE CITY OF BURLINGAME Dear City Council Members, \Me are very concemed about the direction the City Council is taking with regards to the Planaing Commission. Thetwo members curre,ntly reapplying fortleir positions are very highly qualifi.ed and bring a sigdficant amount of e4pertise to the commission. This eryertise is of particular importance due to the corylexity ofthe commercial projects currently under consideration. The Planning Commission has done an excellent job setting the tone and defining the direction of construction. We believe the majoriry ofthe citizens ofBwlingame have been verypleased with the resrhs oftheir efforts. We would like to see this t5pe of reasonable oversight continue with regards to development within our city. We strongly urge the cormcil to reappoint the currert members. Thank you. Sincerely, 1t Avenue Burlingame, CA 94010 T: Council Manager AttomeY Finance Planner Public Works ty City ,I Dir. dcittI Dir. U Human Resources Il Police Chief ! Fire Chief 1l Parks & Rec Please respond ! No ResPonse Required Next Agenda n Librarian PIBISN SEND A COPY OF YOUR RESPONSE TO THE CITY CLERK March 19,2002 Btrrl ingame City Council Burlingame City Hall 501 Primrose Road Burlingame, CA 94010 RECEIVED t',lAR 2 5 2002 CITY CLERK'S OFFICE CW OF BURLINGAME kCity Council Members, lAfe qmrdrf:k fo enryres cur s*ryffu mtnnrgr Csnmissi oners An n ,FeigMn6p{${2n \fiSiix. Tfuy prede$e mmrnBsion with a tremendous ,s?ffis,t of know{edgre srd experienoe. UUe Hieve stis will be critical given thelarge€ornfficiat,gojr-ts cuner{Sin the Sarmiqstage. We have been rray inpred {uift , ff{edireetion tal€fi recedy by the Pl an ni n g Com mi ssion rriFrreryds$ residerilid rylshrctkm: :lf,Iefnpefieyare able to continue to ' gu$&{he, #,esfoR of- emmeretal : deve@rmertr wt*titt Burl i ng ame. We strffigily-urg€flE.cffiiroit,rylerflirbefs,tor poifJttfiseunent commissioners. Thank you. Sincerely, ful)wL\ Ul,/', Micfiael l. r#"n (ttrht6. [h[il Cecilia T. Walsh 1324 Carlos Ave. Surlingame, CA 94010 $rycounc;tYg{Manaser u/city Anomey - Df Financey'ci,y Ptunn., DISTRIBUTION: please respond l No Response Required ll Dir. Public Works ii Human Resources ! Police Chief ,-l Fire Chief il Parks & Rec il Librarian On Next Agenda PLEASE SEND A COPY OF YOUR RESPONSE TO THE CITY CLERK -: ",i.:',. .l . j. : ...it.a r,. j, 1', "" ;l;-lr' i,.' it'.:.: r rt. 'i .-.,..ir--'.r ,,, t: ',:i GLK-Musso, Ann From: Sent: To: Subject: To al-l city council members: Kevin and Mary-Helen McMahon, 215 Clarendon Rd, support the reappointment of Planning Commissioners Ann Keighran and Stan Vistica. We are unable to at.tend t.he council meeting on March 18 and would appreciat.e being counted among the supporLers of bot.h planning commissioners. Mary-He1en McMahon Mary-Helen McMahon [kmhjmcmahon@worldnet.att.net] Sunday, March 17,2002 3:25 PM council@burlingame.org Ann Keighran and Stan Vistica L Stephen & Fiona Hamilton 105 Crescent Avenue Burlingame, CA 94010 Tel: (650) S+t-Z+Sg Fax: (oro) 343-2687 Email: shamilton@p acbell. net DISTRIBBUTIOT please respondSunday, March 24,2002 Mayor M. Janney Burlingame City Hall 501 Primrose Road Burlingame, Ca 94010 - No Response Required RECEIVED [4AR 2 5 2002 s,',#gFHfii,fiE['fiE fnt*,*, {rCiry Munug", d ciry Ruo*.y -, Dirl Finance {ciry Plunn", I Dir. Public Works il Human Resources x Police Chief tl Fire Chief Ll Parks & Rec ll Librarian PLEASE SEND A COPY OF YOUR RESPONSE TO THE CITY CLERKDear Mayor Janney; I know that you are concerned, as many Burlingame citizens are, about the recent issues surrounding the re-appointment of planning commissioners Vistica and Keighran. Some have likened the situation to a firestorm. Certainly the 'firestorm' could have been avoided if clear and open government had been practiced in Burlingame. As Mayor I hope you feel it is your duty to ensure that that is the case. I applaud you for having the courage to change your earlier selection committee. Your decision to reflect the council's diversity of opinion by replacing Council member Coffey with Council member Baylock was an important first step, but by itself it is not sufficient. For true open government I suggest that you incorporate the following points in the commissioner selection process. i) Make public the position description and responsibilities for all commission positions. 2) Open the appointment process to all Burlingame citizens for all posts when they expire. 3) Allow each applicant to write a short biographical statement supporting his or her qualifi cations as commissioner. 4) Publish the list of all applicants with their biographical statements when the application process closes. 5) Appoint a selection committee of two council members and the senior commission member to interview all candidates. On Next Agenda "/ 6) Request that the selection committee identify the top candidate(s) for each open position. 1) Invite the top candidates to present their qualifications at a full and open council meeting. 8) The full council shall vote on the slate of candidates in public. I know that you have a desire to be a peacemaker. I believe that you can achieve this by ensuring that an open process is followed to appoint all commissioners in this town. Burlingame will be very fortunate if more qualified and suitable commissioners than Mr. Vistica and Ms. Keighran can be found ..... with such an open process. Without such a process I fear that whatever decisions are made there will be accusations of politics and cronyism. Burlingame deseres better than that. Sincerely cc:il member Baylock, il member Coffey, il member Galligan, Council member O'Mahoney, City Manager Jim Nantell, City Attorney Larry Anderson r GLK -Musso, Ann From Sent: To: Subject: VN/cathyb [cathyb@baYlock.com] Tuesday, March 19,20022:47 PM ZECApif l@aol.com ; mkornder@burlingame.org; manager@burlingame.org; attorney@burlingame.org; breilly@burlingame.org; council@burlingame.org; recreation@burlingame.org; planning@burlingame.org RE: RAY PARK Dear Mrs. Capri, f share your concern over fireworks being alfowed in a residential- neighborhood as weLl- as in the City itself. A neighbor of yours complained l-asi week and we have learned t.hat the Fire Marshal- approved Lhis request. trust it will not happen again. I am copying this response to the City Manager in hope that he can respond to your complainE. Please feel free to call me at 579 -2523 if your concern is not addressed to your satisfaction' Again, I am sorry for t.his event. Cathy Baylock I -- - --Originaf Message- - - - - From: ZECAPRl@aol.com [mailto:ZECAPRI@ao1'com]Sent: Monday, March 18, 2002 Bz24 PM To : mkornderoburl ingame .org; manager@burl ingame .otg; attorney@bur1j-ngame.org; breilly@burlingame.org; councif@burlingame.org; recreation@burlingame. org ; planning@burlingame . org Subject: RAY PARK TO ALL THOSE CONCERNED I have been a tax payer and homeowner in Burlingame for over 30 years. I l-ive on the corner or Adefine and Bal-boa. When we purchased our home it appealed Eo us because it had a church, an elementary schoof and a smal-l- neighborhood park. There was one basebafl fieId, and a playground. fL was a park that we could af fow our smal-l- chil-dren to romp and play on the grass. We coul-d bring our pets Ehere Eo sociafize with oEher pets. Most of the people t.hat used Ehe park would walk Eo it, therefore, it did not have an impact on parking spaces. This park that appealed to me in l-970 has become a night.mare for our neighborhood in 2002. I would also fike to make a formal complainE against the organizers and government agencies that affowed fireworks to be set off at Ray Park on Saturday, March 9, 2002, at approximately I a.m. I am under the impression that there is a noise ordi-nance in Burlingame, and that fireworks have been banned within City limi-ts for some years now. This was completely ignored by t.he organizers and the Pofice Dept. I heard that when the Police Dept. was cafled they had a rvery poor attitude' and a totaf disregard for the complaint I There was an absolute lack of respect for tshe residents in this area. These were not simple fireworks, these fireworks jarred us awake, rattled our windows, it was l-ike an explosion, this went on for an hour. After t.hehorrj-fying events that took place on September 11, 2001, myself and many of my neighbors, after being jarred awake, were afraid that we were under aLtack, and that the source of the explosion may have come from the airport. There are many elderly people that five in the Ray Park area, and the needs of Lhe majority of people shoufd be considered when plans are being made. The devastating impact. of three diamonds aE Ray Park has feft our neighborhood fess desirabl-e Eo l-ive in. If one were to have an 'Open House' in an effort tso sel-I Lheir propert.y on a Saturday when games are going on, there woul-d not 1 tre' a parking place for bl-ocks. This woufd definitely have an impact on our ability to seff our real estate. I be1ieve that iL is the responsibility of the city officials to correct rhis burden that Ehey have imposed on the Ray Park residents. Their absence of mind, as to the impact their poor planning would have on our neighborhood, can hopefully be corrected. While ball games are important for the children, so are the needs of all t.he people in the Ray Park area. Sincerely, Zita Escobosa 15tb AOeJ_Ine Ur]'ve Burlingame, Cd., 94010 2 GLK-Musso, Ann From: Sent: To: Subject: VN/cathyb [cathyb@baylock.com] Thursday, March 14,200210:12 AM 'CLK-Musso, Ann' FW: Historical Listing RECflYED t{AR ls 2002 8,flSAEffifl,fltrI?F - - - --Original Message----- From: Rosemary Rivas [mai]-to:rdrivas@earthlink.netlSent: Wednesday, March 13, 2002 2:52 PM To : cathy@bayl-ock. comi maryj anney@aol- . comSubject; HisEorical Listing Hel-1o As a naEive CaLifornian and peninsuLa resident for over 30 years, I am disappointed that more interesE hasn,t been Eaken in the need for alisting of historical buildings in Burlingame. I have taught in San Mateo County School-s for over thirty years, including fourth grade and Ifee1 there must be something amiss with BurLingame that we are the onlycity that doesn't seem to care about hist.oric structures. As ateacher-advisory board member for the Cafifornia Historical Society anda member of the San Mateo County Historical Society, f feel it is adisservice to student,s and future members of our community not to showthat history is important. The student.s I see on a day-to-day basisenjoy learning about Eheir surroundings includi-ng business as welL asresidental dwellings Ehat played a rol] in california's past. r urgeyou to reconsider support.ing a List t.hat. will- assist. Burlingame indefining hisEoric structures simil-ar to our neighboring communities andnot make us known by what we don,E do, but rather by what we join otherareas in supporting. Thank you Rosemary Rivas *:ll Acitv-l Dir. [city/r Dir. Manaser ,' Attom-ey fNlo Response Required Finance ( DISTRIBUTION:. Council Please resPond Planner Public Works il Human Resources ! Police Chief Lr Fire Chief Ll Parks & Rec ir Librarian pn Next Agenda PLEASE SEND A COPY OF YOUR RESPONSE TO THE CITY CLERK __L 1