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Agenda Packet - CC - 2014.08.18
1 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 C I T Y C O U N C I L M E E T I N G A G E N D A Monday, August 18, 2014 STUDY SESSION – 6:00 p.m. – Conference Room A a. Employee Compensation Note: Public Comment is Permitted on All Action Items as Noted on the Agenda Below and in the Non- Agenda Public Comment Provided for in Item 7. 1. CALL TO ORDER – 7:00 p.m. – Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATION There are no Presentations. 7. PUBLIC COMMENTS, NON-AGENDA - Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council’s consideration of the consent calendar. 2 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. a. Approve City Council Meeting Minutes of July 7, 2014 b. Adoption of a Resolution Accepting the Storm Drain Neighborhood Improvements Project, No. 6 by D&D Pipelines, Inc. c. Adoption of a Resolution Making Findings Required by the California Environmental Quality Act (CEQA) Related to Amendments to the Burlingame Downtown Specific Plan and Changes to the Zoning Map; a Resolution Amending the Chapter 3, Land Use of the Burlingame Downtown Specific Plan; and an Ordinance Rezoning Properties Located at 305-371 Primrose Road, 401- 411 Primrose Road, and 1401-1403 Chapin Avenue d. Adoption of an Ordinance Amending Chapter 8.18 of the Burlingame Municipal Code to Expand Areas Where Smoking is Prohibited e. Adoption of Resolution Approving the 2013-2014 Annual Report of the Burlingame Avenue Business Improvement District Declaring the City’s Intent to Establish and Levy Assessments on Businesses Within the District for the 2014-2015 Fiscal Year, and Setting the Required Public Hearing for September 15, 2014 f. Adoption of a Resolution Approving the Tentative and Final Parcel Map for a Lot Split of Parcel 23-C Kenmore Terrace Subdivision at 2202 Summit Drive g. Adoption of a Resolution Approving the Final Parcel and Condominium Map for Lot Combination and Re-subdivision of Lots 2 and 2A, Block 20, Town of Burlingame Subdivision at 904 Bayswater Avenue h. Adoption of a Resolution Authorizing the City Manager to Execute the Revised Agreement with the Burlingame Aquatics Club to Provide Aquatics Programming at the Burlingame High School Pool on Behalf of the City of Burlingame i. Adoption of a Resolution Authorizing the Reclassification of an Associate Planner to a Senior Planner Position j. Adoption of a Resolution Authorizing the City Manager to Execute Side Letter Agreements with AFSCME Local 2190 and 829, BAMM and Department Heads, and Unrepresented Classifications k. Consideration of Appointments to the Library Board of Trustees l. Issue a Call for Applications to Fill Two Impending Vacancies on the Storm Drain Measure Oversight Committee 9. PUBLIC HEARINGS (Public Comment) 3 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. a. Review and Comment on Draft 2015-2023 Housing Element Update and Authorize the Community Development Department to Submit the Document to the State Department of Housing and Community Development for Review and Certification b. Public Hearing to Introduce an Ordinance Amending Chapter 13.24 of the Burlingame Municipal Code to Update Speed Limits on Burlingame Roadway System 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Consideration of Appointments to the Library Board of Trustees b. Approval of Investment Policy for Fiscal Year 2014-15 c. Report on Unfunded Needs Results d. Provision of a Brief Opportunity for Councilmember Deal to Discuss Electronic Media Signs in Burlingame e. Discussion Regarding Filling Impending City Council Vacancy 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety & Parking, June 12, 2014; Library, June 17, 2014 b. Department Reports: Fire, April-June 2014; Building, June & July 2014; Finance, June 2014 c. Letters from Community Groups Gratefully Acknowledging the City’s Donation 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk’s office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City’s website at www.burlingame.org. Agendas and minutes are available at this site. NEXT REGULAR CITY COUNCIL MEETING – TUESDAY, SEPTEMBER 2, 2014 VIEW REGULAR COUNCIL MEETINGS ONLINE AT WWW.BURLINGAME.ORG – GO TO “CITY COUNCIL VIDEOS” Burlingame City Council July 7, 2014 Unapproved Minutes 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of July 7, 2014 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Brownrigg called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Charles Voltz. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Deal, Keighran, Nagel, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session 5. UPCOMING EVENTS Mayor Brownrigg reviewed the upcoming events taking place in the City. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENTS Burlingame resident John Root asked for removal of item 8i from the Consent Calendar. Burlingame residents Cynthia Cornell, Cynthia Wukotich and Paul spoke about the lack of affordable housing in Burlingame. Burlingame resident Yvonne Lee spoke about a family day care center on Toledo Avenue in Burlingame. There were no further comments from the floor. 8. CONSENT CALENDAR Mayor Brownrigg asked if any Councilmembers wished to remove any items from the Consent Calendar, and Councilwoman Keighran removed 8b. Mayor Brownrigg added some additional comments to the Mid- Peninsula Housing Presentation item of the June 16, 2014 minutes. Burlingame City Council July 7, 2014 Unapproved Minutes 2 Councilwoman Keighran made a motion to adopt items 8a, c, d, e, f, g, h, and k, of the Consent Calendar; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF JUNE 16, 2014 CC Kearney requested Council approve the City Council meeting minutes of June 16, 2014. b. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE PARKS AND RECREATION COMMISSION CM Goldman requested that Council call for applications by August 22, 2014 to fill the two upcoming vacancies on the Parks & Recreation Commission. Councilwoman Keighran expressed concern that the recommended due date of August 22 to receive applications would only give prospective applicants the opportunity to attend one Parks & Recreation Commission meeting. She said since many people are on vacation at this time of year, it would be a good idea to move the application due date. Mayor Brownrigg made a motion to change the application due date to September 19, 2014; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. c. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION MANAGEMENT CONTRACT TO ZOLMAN CONSTRUCTION & DEVELOPMENT FOR THE LIBRARY REMODEL PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT; AND ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GROUP 4 ARCHITECTURE RESEARCH AND PLANNING, INC. FOR CONSTRUCTION ADMINISTRATION SERVICES CL Harding requested Council adopt Resolution No. 55-2014 awarding a construction management contract to Zolman Construction & Development for the Library Remodel Project and adopt Resolution No. 56-2014 amending the professional services agreement with Group 4 Architecture Research and Planning, Inc. for construction management services. d. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MCK SERVICES, INC FOR THE 2014 STREET RESURFACING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT DPW Murtuza requested Council adopt Resolution No. 57-2014 awarding a construction contract to MCK Services, Inc. for the 2014 street resurfacing project. e. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO D&D PIPELINES, INC. FOR THE BURLINGAME AVENUE, BROADWAY, ADELINE DRIVE, AND PENINSULA AVENUE WATER MAIN IMPROVEMENTS PROJECT AND AUTHORIZETHE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT; AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ERLER & KALINOWSKI, INC. FOR THE CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT Burlingame City Council July 7, 2014 Unapproved Minutes 3 DPW Murtuza requested Council adopt Resolution No. 58-2014 awarding a construction contract to D&D Pipelines, Inc. for Burlingame Avenue, Broadway, Adeline Drive, and Peninsula Avenue water main improvements project and authorizing the City Manager to execute the construction contract; and adopt Resolution No. 59-2014 approving a professional services agreement with Erler & Kalinowski, Inc. for the construction management services related to the project. f. ADOPTION OF RESOLUTION AUTHORIZING THE BAY AREA WATER SUPPLY AND CONSERVATION AGENCY (BAWSCA) TO INITIATE, DEFEND AND SETTLE ARBITRATION RELATED TO THE WATER SUPPLY AGREEMENT TO PROTECT FINANCIAL INTERESTS OF THE MEMBER AGENCIES DPW Murtuza requested Council adopt Resolution No. 60-2014 authorizing BAWSCA to initiate, defend and settle arbitration related to the water supply agreement to protect the financial interests of the member agencies. g. ADOPTION OF A RESOLUTION AWARDING A CONTRACT TO PFM ASSET MANAGEMENT, LLC FOR INVESTMENT ADVISORY SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE CITY FinDir Augustine requested Council approve Resolution No. 61-2014 awarding a contract to PFM Asset Management, LLC. h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR SERVICE ORDER FOR INFORMATION TECHNOLOGY SERVICES FROM THE CITY OF REDWOOD CITY FinDir Augustine requested Council adopt Resolution No. 62-2014 executing a one-year service order for Information Technology Services from the City of Redwood City. i. ADOPTION OF A RESOLUTION APPROVING AN ADDITIONAL SUBSIDY OF $32,000 FOR FISCAL YEAR 2013-2014 FOR THE BURLINGAME AQUATIC CLUB, INC. AND A SUBSIDY OF $136,330 FOR FISCAL YEAR 2014-2015 P&RD Glomstad reviewed the item and advised that the increase in costs for Fiscal Year 2014-2015 was due to daily chemical and temperature checks of the pools in the approximate amount of $14,000 per year. P&RD Glomstad said the San Mateo Union High School District (SMUHSD) will also begin charging for electrical costs, which are anticipated to be $25,000 per year. Ms. Glomstad further advised that the Burlingame Aquatic Club has seen an increase in staffing costs due to programming and customer service needs. P&RD Glomstad reviewed the additional subsidy request of $32,000 for Fiscal Year 2013-2014 and said it was due to the addition of expenses by the SMUHSD and a shortfall in lap swim income from lost participation because of the pool’s heating failure and an overly optimistic budget. Councilwoman Keighran and Burlingame resident John Root both spoke on the item. Burlingame City Council July 7, 2014 Unapproved Minutes 4 Mayor Brownrigg made a motion to adopt Resolution No. 63-2014 approving subsidies for the Burlingame Aquatic Club, Inc.; seconded by Vice Mayor Nagel. Mayor Brownrigg asked if there were comments on the motion and Councilmembers Deal and Keighran commented. Mayor Brownrigg called for a roll call vote and the motion was approved 3-2 with Councilwoman Keighran and Councilman Deal voting no. j. ITEM WAS REMOVED k. TERMINATE DISCUSSIONS WITH EQUITY RESIDENTIAL REGARDING POTENTIAL DEVELOPMENT OF PARKING LOTS F AND N CDD Meeker requested Council approve terminating discussions with Equity Residential regarding the potential development of Parking Lots F and N. l. ADOPTION OF A RESOLUTION APPROVING SALARY SCHEDULES FOR THE ENVIRONMENTAL REGULATORY COMPLIANCE COORDINATOR, THE SUSTAINABILITY COORDINATOR, AND THE ASSISTANT TO THE CITY MANAGER HR Specialist Rodriguez requested Council adopt Resolution No 63-2014 approving salary schedules for two part-time and one full-time employee positions. Since this item was inadvertently not included with the approval of the other Consent Calendar items, a separate vote was taken. Councilman Deal made a motion to approve item 8l; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. 9. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE LAND-USE CHAPTER OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN AND INTRODUCTION OF AN ORDINANCE AMENDING THE CITY’S ZONING MAP BY REZONING PROPERTIES LOCATED WITHIN THE ODD-NUMBERED ADDRESS RANGE OF 305-371 PRIMROSE ROAD AND 1401-1403 CHAPIN AVENUE, SITUATED NORTH OF BURLINGAME AVENUE AND SOUTH OF CHAPIN AVENUE, FROM BURLINGAME AVENUE COMMERCIAL (BAC) TO DONNELLY AVENUE COMMERCIAL (DAC) AND TO REZONE PROPERTIES LOCATED WITHIN THE ODD-NUMBERED ADDRESS RANGE OF 401-411 PRIMROSE ROAD, SITUATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CHAPIN AVENUE AND PRIMROSE ROAD, FROM BURLINGAME AVENUE COMMERCIAL (BAC) TO CHAPIN AVENUE COMMERCIAL (CAC) CDD Meeker reviewed the staff report and advised that this amendment to the Land-Use Chapter of the Downtown Specific Plan and introduction of an Ordinance amending the City’s zoning map provides greater flexibility for re-tenanting properties within the Burlingame Avenue Commercial Area zone that front on Primrose Road north of Burlingame Avenue. Mr. Meeker advised that at the May 5, 2014 Council meeting the City Council directed staff to proceed with analysis of land-use options and consider amendments to the zoning regulations applicable to these properties that may facilitate re-tenanting of vacant tenant spaces. Mayor Brownrigg opened the public hearing. There were no comments from the floor, and the hearing was closed. Burlingame City Council July 7, 2014 Unapproved Minutes 5 Mayor Brownrigg requested CC Kearney read the title of the proposed Ordinance to amend the Land-Use Chapter of the Downtown Specific Plan and amend the City’s zoning map within the Burlingame Avenue Commercial Area. Councilwoman Keighran made a motion to waive further reading and introduce the Ordinance; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Brownrigg directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. b. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE TO EXPAND AREAS WHERE SMOKING IS PROHIBITED; CONCURRENT DISCUSSION OF WHETHER TO REQUEST STAFF ANALYSIS OF BROADER OR ALTERNATIVE APPROACHES TO SMOKING REGULATION CA Kane reviewed the staff report and advised that this ordinance expands the areas where smoking is prohibited around parks, playgrounds, and other recreational facilities that children and the elderly tend to visit. Ms. Kane said the impact of cigarette butts on maintenance and stormwater processing facilities warrants expansion of the smoking regulations to cover City-owned parking lots. CA Kane further advised that Council may wish to discuss whether the City should investigate a broader approach to smoking regulation, which could include reaching beyond the current ordinance to address multifamily housing and other private property interests. Mayor Brownrigg requested CC Kearney read the title of the proposed Ordinance to amend Chapter 8.18 of the Burlingame Municipal Code to expand areas where smoking is prohibited and concurrent discussion of whether to request staff analysis of broader or alternative approaches to smoking regulation. Vice Mayor Nagel made a motion to waive further reading and introduce the Ordinance amending Chapter 8.18 of the Municipal Code to expand areas where smoking is prohibited; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor Brownrigg directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. Mayor Brownrigg opened the public hearing and Shaunda Scruggs, Director of Tobacco Prevention, San Mateo County Health System spoke and advised that the County Board of Supervisors is looking at smoking policies in multi-unit housing. Burlingame resident Brian Glick and Burlingame resident Shannon spoke about the dangers of second hand smoke in multi-unit buildings. Alison Chan of Save the Bay spoke about the danger of cigarette butts to the environment and the need for smoking restrictions in other specific areas in the City. There were no further comments from the floor and the hearing was closed. Council discussion followed and Council concluded they would like to wait until the County finalizes their decision on the smoking policy in multi-unit housing units before expanding the City’s ordinance. The Council would also like to get further information on e-cigarettes before considering restrictions. CDD Meeker said he would find out from the City’s Building Official concerning the ventilation system in new multi-housing construction. CA Kane reminded Council that the City’s current smoking policy prohibits smoking in common areas of multi-unit residential facilities. Burlingame City Council July 7, 2014 Unapproved Minutes 6 10. STAFF REPORTS AND COMMUNICATIONS a. APPROVAL OF COMMUNITY CENTER MASTER DESIGN PLAN P&RD Glomstad reviewed the staff report and advised that the community outreach for this item was extensive through meetings, surveys, mailings, e-news articles, newspaper articles, brochure ads, displays, and participation in various community events. P&RD Glomstad further advised that the plan was divided into the following three components: Site Location – where it would be located in Washington Park; Parking Options – provide sufficient parking and resolve current parking problems; Program Size – least impact to the neighbors, existing trees and amenities, such as the Lion’s Club and the baseball fields. Dawn Merkes of Group 4 Architecture gave a comprehensive summary presentation on the proposed Community Center Master Plan. Mayor Brownrigg thanked Ms. Merkes for her overview of the Community Center Master Plan. Mayor Brownrigg said the Council owes a debt of gratitude to Councilwoman Keighran, Councilman Ortiz, and former Councilwoman Baylock for the many meetings and long hours serving on the Advisory Committee for this project. He reminded the public that due to the Brown Act, the other Councilmembers were not able to participate or attend the Advisory Committee meetings. Council discussion and questions followed and Council clarified that this is a road map and the Community Center is just in the very preliminary stages. Councilwoman Keighran thanked the Parks and Recreation staff and Group 4 Architecture for their extensive community outreach. Mayor Brownrigg opened the item for public comment and Burlingame residents Nancy Dobson, Charles Voltz and Linda Marks spoke on the item. There were no further comments from the floor. Dawn Merkes spoke again and addressed the parking issue raised by Ms. Marks. Councilmembers had additional comments about the proposed project and emphasized that it would be a brand new facility with many additional services and features that do not exist with the current facility. Council also noted that the new design would definitely benefit the Parks & Recreation staff and would be a huge improvement to their present work environment. Councilman Deal made a motion to approve the Community Center Master Plan; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. b. REAFFIRM SUPPORT FOR ZONING CODE AMENDMENT TO ALLOW LARGE- FORMAT SPECIALTY RETAIL USES IN THE ROLLINS ROAD (RR) ZONING DISTRICT CDD Meeker reviewed the staff report and advised that the City was approached by well-known, large-scale sporting goods retailer that is interested in property lying within the Rollins Road zoning district. CDD Meeker said the retailer did not wish to be identified at this time. Mr. Meeker reminded the Council that this topic was discussed at the March 2, 2013 joint Planning Commission/City Council annual meeting and Council expressed support for an amendment to the Rollins Burlingame City Council July 7, 2014 Unapproved Minutes 7 Road zoning district regulations that would allow “large scale retail uses that would not compete with businesses existing within the primary commercial areas of Burlingame”. Mayor Brownrigg opened the item for public comment and there were no comments. Vice Mayor Nagel made a motion to support an amendment to the Rollins Road zoning district regulations that would permit large-format specialty retail uses as either a permitted or conditional use within that zone; seconded by Mayor Brownrigg. There was Council discussion concerning not creating another shopping district on Rollins Road. CDD Meeker said this is just a starting point and there was still much research to be done. He said staff will be amending the zoning regulations to meet the intent and still be legally defensible. The motion was approved unanimously by voice vote, 5-0. c. DISCUSS THE PROPOSED COMMUNITY ENGAGEMENT/NETWORK COORDINATOR POSITION AND PROVIDE DIRECTION CM Goldman presented the staff report and requested Council discuss the Community Engagement/Network Coordinator position proposed by the Burlingame Neighborhood Network (BNN) at the May 21, 2014 City Council study session and provide direction on whether they wish to establish such a position. CM Goldman reviewed the duties of the position and advised that if the Council chose to fund this position, the individual would be located at the Parks & Recreation Department and the Parks & Recreation Director would oversee the position. Mayor Brownrigg asked Fire Chief Ladas why the Central County Fire Department (CCFD) cannot perform the functions of this position. Fire Chief Ladas said it is simply a capacity issue as to why CCFD does not perform these duties and staff constraints prevent them from doing it at this time. Vice Mayor Nagel spoke and said, since she is a member of the Burlingame Neighborhood Network, she would not be voting on this position as it might be perceived as a conflict of interest. She did review the work of the BNN and gave a brief presentation on building stronger, more sustainable communities. Mayor Brownrigg opened the item for comment and Burlingame Neighborhood Network Chairman Kathy Schmidt spoke and reviewed the functions of the BNN and addressed the Councilmembers’ questions and concerns. BNN member Justin Moresco spoke and shared his experiences while living in Christ Church, Australia after the 2011 earthquake. There were no further comments from the floor. Councilman Deal spoke and advised that he had an emergency at home and excused himself from the meeting. Councilman Ortiz spoke and said he would not support the position since he feels the City is always being asked to spend a little bit of money on some cause, and he is not prepared to add additional expense. Councilwoman Keighran spoke and said she would like to see the CCFD work this position into their department and it should not be a separate position in the City. Mayor Brownrigg said he strongly supports this position and feels it is a modest investment. Councilwoman Keighran made a motion not to support this position at this time; seconded by Councilman Ortiz. Mayor Brownrigg called for a roll call vote with Councilwoman Keighran and Councilman Ortiz voting yes; Mayor Brownrigg voting no; Vice Mayor Nagel abstained and Councilman Deal was absent. Burlingame City Council July 7, 2014 Unapproved Minutes 8 d. ELECTRONIC MEDIA SIGNS IN BURLINGAME Economic Development Specialist Leslie Parks reviewed the staff report and DPW Murtuza provided input on the Caltrans regulations of placement of electronic signs. Mayor Brownrigg opened the item for comment and Chris Daugherty from Total Outdoor spoke. Councilmembers Keighran, Ortiz and Nagel were not in favor of the electronic signs and expressed their concerns about the locations of the signs, the lack of local advertisers, aesthetics, too distracting, lights being so close to the residential area, among other issues. Mayor Brownrigg said there is a strong potential in the north end of the City for electronic signs and it is an excellent source of revenue for the City. Mayor Brownrigg strongly believes this is an initiative the City should pursue. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety & Parking, April 10, 2014; Library, May 20, 2014; Planning, June 9, 2014 b. Department Reports: Finance, May 2014 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 10:48 p.m. in memory of Ira Ruskin, former California Assemblyman and Councilmember of Redwood City. Respectfully submitted, Mary Ellen Kearney City Clerk BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME,CA 94010 BURLINGAME Staff Report Agenda Item � Meeting Date - - To: Honorable Mayor and City Council Date: August 18, 2014 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Accepting the Citywide Neighborhood Storm Drainage Improvements Project No. 6 by D & D Pipelines, Inc., City Project 82470 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Citywide Neighborhood Storm Drainage Improvements Project No. 6 by D & D Pipelines, Inc., in the amount of$734,272. BACKGROUND On September 16, 2013, the City Council awarded the Citywide Neighborhood Storm Drainage Improvements Project No. 6 to D & D Pipelines, Inc., in the amount of$721,325. The Storm Drainage Capital Improvements Master Plan identified several areas throughout the city for drainage improvements to alleviate flooding. The projects included in this construction contract are the sixth in a series of projects that will be implemented over the next several years to reduce localized flooding in various neighborhoods throughout the city. The project scope of work consisted of installing 19 new catch basins; 15 new manholes; approximately 800 linear feet of new curb and gutter; and 1625 linear feet of pipelines varying in sizes from 8 inches to 24 inches in diameter. Additionally, the work included asphalt pavement repairs associated with trench backfill and restoration. The project locations are: • Paloma Avenue and Grove Avenue • Grove Avenue from Capuchino Ave to California Drive • Stanley Road and Peninsula Avenue • Burlingview Drive and Summit Road • Lincoln Avenue and California Drive • Skyline Avenue and Rivera Drive • Mills Creek Hillside at Ed Taylor Trail • Vancouver Avenue and Adeline Drive • City Hall Lane and Primrose Road City of Burlingame Page 1 of 2 Printed on 8/11/2014 iacwered by l_egstarT" DISCUSSION The project construction has been satisfactorily completed in compliance with the plans and specifications. The final project construction cost is $734,272, which is $12,947, or 1.8% above the base contract award amount of $721,325. The additional cost is attributed to traffic control required on Peninsula Avenue; unforeseen field conditions; pipeline extensions at Laguna and Capuchino Avenues; added pipeline repair at 1510 La Mesa Lane; and exploratory trenching work on Airport Boulevard associated with the future Rollins Road outfall pipeline. The cost difference includes savings rendered from reduction of quantities, which were the direct result of field value engineering and drop inlet work deferred to the next project due to scheduling conflicts. FISCAL IMPACT The following are the estimated final project expenditures: Expenditures: Construction $ 734,272 Engineering Services during Construction $ 38,000 Staff Administration and Material Testing 39,000 Total: $ 811,272 The project is funded by the voter approved Storm Drainage Fee Measure, and there are adequate funds available in the Storm Drain Capital Improvement Program budget to cover these costs. Exhibits: 1. Resolution 2. Final Progress Payment 3. Project Map City of Burlingame Page 2 of 2 Printed on 8/11/2014 powered by L.egistarl" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE CITYWIDE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENTS PROJECT NO.6 BY D&D PIPELINES,INC.,CITY PROJECT NO. 82470 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find,order and determine as follows: 1. The Director of Public Works of said City has certified the work done by D&D Pipelines, Inc., under the terms of its contract with the City dated September 16, 2013, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No.82470. 3. Said work be and the same hereby is accepted. Michael Brownrigg,Mayor I,Mary Ellen Kearney,City Clerk of the City of Burlingame,do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 18`"day of Au ust 2014,and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney,City Clerk CONTRACTOR: D&D Pipelines Inc CITY OF BURLINGAME Date: 07/18/14 ADDRESS: 629 Divisadero St PROGRESS Pay # 8 (Final) For month ot: July San Francisco, CA 94117 CONTRACT: Neighborhood Storm Drain Project # 6 TELEPHONE (415) 441-2006 CITY PROJECT NO. 82470 P.O. # 12025 UNIT UNIT BID BID QUANTITY 96AGE AMOUNT PREVIOUS AMOUNT PRICE SIZE QUANTITY TO DATE TO DATE PAID THIS PERIOD Lincoln Drive Manhole Frame and Cover 1 replacement $12 , 000 - 00 LS 1 $12, 000 . 00 1 $ 12,000.00 $ 12,000.00 $ - n,,,... 2 N: ^�i $10, 000 . 00 Ls 1 $lo, 000 .oa 1 $ 10,000.00 $ 10,000.00 $ - 3 Skyline Improvements $8, 000 . 00 LS 1 s8, 000 .00 1 $ 8,000.00 $ 8,000.00 $ - y..r . q 1. mi �M-1.0 y � i 14000 . 00 LS 1 *14, 000 .00 $ - -5 - 5 Park Road Inlet Replacement 4000. 00 LS 1 $4, 000 .00 1 $ 4,000.00 $ 4,000.00 ..n, — .. a _. 6 !i $4, 000 . 00 LS .1 $4, 000.00 1 $ 4,000.00 $ 4,000.00 $ - ur. c a 7 Primrose at Fox Plaza Lane Inlet Replacement 154, 000.00 LS 1 154,000.00 $ - S - 8 � $6, 000.00 LS 1 $6, 000 -00 1 $ 6,000.00 $ 6,000.00 $ - 9 24" PVC Storm Drain $180.00 LF 910 $163, 800 .00 880 $ 158,400.00 $ 158,400.00 $ - 10 N _ n1 . R $200 . 00 LF 47 $9, 400. 00 160.7 $ 32,140.00 $ 32,140.00 $ - NEM 11 8" PVC Storm Drain *150 -00 LF 604 :590, 600 .00 584 $ 87,600.00 $ 87,600.00 $ - 12 $200. 00 LF 32 $6,400 .00 29 $ 5,800.00 $ 5,800.00 $ - 13 Storm Drain Manhole ( +3 ) *8, 000-00 EA 14 *112, 000 .00 14 $ 112,000.00 $ 112,000.00 $ - 141 , _ $8, 000.00 EA 21 $168, 000 . 00 14 $ 112,000.00 $ 112,606.06 $ - Is Curb IMENTMEMISIISIFAMNFAMN and Gutter Replacement $55- 00 LF 1075 $59, 125 . 00 796 $ 43,780.00 $ 43,780.00 $ - 16 M , i - $3, 000 . 00 EA 15 $45, 000 . 00 4 . 5 $ 13,500.00 $ 13,500.00 $ 17 Potholing ( + 5 ) $500 .00 EA to $5, 000-00 5 $ 2,500.00 $ 2,500.00 $ - COO #1 Grove Conflicts LS $ 43, 125 .00 $43 , 125 . 00 $ - COO #2 Airport Trench Excavation Work LS $ 17, 088 .00 $17, 068 . 00 $ - COO #3 Grove, Peninsula, La Mesa Work LS $ 33,339 .00 $ 33, 339 .00 $ - COO#4 Laguna, Capuchin, Paloma LS $ 29, 000.00 $ 29, 000 .00 $ - SUBTOTAL ****** $721, 325.00 ********** **** $ 734 , 272 .00 $ 734,272 .00 $ - PREPARED BY•_V V LESS FIVE PERCENT RETENTION **********' **** $0. 00 ($36, 713 .60) $36, 713 .60 xxxxx x*rxr*xrr r****xxrx*rr **,+**xrrxx xxxx CHECKED BY: SUBTOTAL WITHOUT DEDUCTIONS **********' **** $ 734,272 . 00 $ 697, 558 .40 $ 36, 713 . 60 APPROVED BY DEDUCTIONS FROM CONTRACTOR CITY ENGINEER: ***** ********* ***xxxxxxxxx **rx xxxx xx xxxxxxxxxxxrrrxr rrxr rr x*xxxxxxxxx APPROVED BY TOTAL PAYMENT THIS PERIOD ** ********** **** $ 734,272 . 00 $ 697, 558 .40 $ 36, 713 .60 CONSULTANT: xxxxx xr***rxxr xrrrrrrrrrrr xxxx rxxx xx xr rr page 1 9 PALOMA AVE/GROVE AVE/CAPUCHINO AVE r, PROJECT _.. LINCOLN!AVE PROJECT SITE VANCOUVER AVE ED TAYLOR TRAL . �qy 40 PROJECT SITE. STANLEY ID \\N.° 1M SKYLINE BLVD \%:,t s 907 C PALOMA AVE w \: PROJECT SITE PRO EC.•T&lE \i \ f _ c4 ;\ �r r i \ t y CITY HALLMO PARK RD �r { \\ `, �" /% F"'� ,f.. \,7nY - f`./i ae\•�� r �l` _��/\/ \ PROJECT&TE BUPoJNG-CT ITR f PROJECT SITE ;'//,,,., J p .•� LA MESA LN .' Al SITar PROJECT E t 9 \ . e \ \kN% GRAPHIC SCALE� vM SIA CITY OF BURLINGAME ZSHI�SAN MATED COUNTY CALIFORNIA INC. COMPLETED PROJECT LOCATION MAPNEIGHBORHOOD STORMDRAIN PROJECT#6 NEIGHBORHOOD STORM DRAIN PROJECT#6 esu: ft— w wh _ �� CITY PROJECT NO.82470 BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME,CA 94010 Staff Report Agenda Item G Meeting Date F—1-3 To: Honorable Mayor and City Council Date: August 18, 2014 From: William Meeker, Community Development Director - (650) 558-7255 Kathleen Kane, City Attorney - (650) 558-7204 Subject: Adoption of a Resolution Making Findings Required by the California Environmental Quality Act (CEQA) Related to Amendments to the Burlingame Downtown Specific Plan and Changes to the Zoning Map; a Resolution Amending the Chapter 3 - Land-Use of the Burlingame Downtown Specific Plan ; and an Ordinance Rezoning Properties Located at 305-371 and 401-411 Primrose Road and 1401- 1403 Chapin Avenue RECOMMENDATION Staff recommends that the City Council take the following actions: 1. Adopt the following Resolution: "A Resolution of the City Council of the City of Burlingame Amending the Land-Use Chapter of the Burlingame Downtown Specific Plan by Revising Policy 3.3.4 (Donnelly Avenue Area), Removing Restrictions Upon the Placement of Office Uses on the Ground Floor of Commercial Buildings within the Donnelly Avenue District and Amending the Land-Use Map to Change the Land-Use Designation of Properties Located at 305-371 Primrose Road and 1401-1403 Chapin Avenue from Burlingame Avenue Commercial (BAC) to Donnelly Avenue Commercial (DAC), and Changing the Land-Use Designation of Properties Located at 401-411 Primrose Road from Burlingame Avenue Commercial (BAC) to Chapin Avenue Commercial (CAC)"; 2. Adopt the following Ordinance: "An Ordinance of the City Council of the City of Burlingame Amending the City's Zoning Map by Rezoning Properties Located Within the Odd-Numbered Address Range of 305-371 Primrose Road and 1401-1403 Chapin Avenue, Situated North of Burlingame Avenue and South of Chapin Avenue, from Burlingame Avenue Commercial (BAC) To Donnelly Avenue Commercial (DAC) and to Rezone Properties Located Within the Odd- Numbered Address Range of 401-411 Primrose Road, Situated at the Northwest Corner of the Intersection of Chapin Avenue and Primrose Road, from Burlingame Avenue Commercial (BAC) to Chapin Avenue Commercial (CAC); and 3. Adopt the following Resolution: "A Resolution of the City Council of the City of Burlingame Finding that Amendments to Chapter 3 - Land-Use of the Burlingame Downtown Specific Plan to Permit Office Uses on the Ground Floor in the Donnelly Avenue Commercial (DAC) District and Amending the Land-Use Map within the Plan and the City's Zoning Map to Revise the Land City of Burlingame Page 1 of 3 Printed on 8/8/2014 _werec Cyeg= .c.rna -Use Designation and Zoning of Properties Located at 305-371 Primrose Road and 1401-1403 Chapin Avenue from Burlingame Avenue Commercial (BAC) to Donnelly Avenue Commercial (DAC) and for Properties Located at 401-411 Primrose Road from Burlingame Avenue Commercial (BAC) to Chapin Avenue Commercial (CAC), is Adequately Evaluated in Mitigated Negative Declaration No. ND-555-P Adopted for the Burlingame Downtown Specific Plan and Determining that No Further Environmental Analysis is Required Pursuant to the California Environmental Quality Act(CEQA)". BACKGROUND In an effort to provide greater flexibility for re-tenanting of those properties within the BAC zone that front on Primrose Road north of Burlingame Avenue, on May 5,2014,the City Council directed staff to proceed with analysis of land-use options and crafting of amendments to the zoning regulations applicable to these properties. The following is a summary of the proposed amendments as prepared by staff and recommended by the Planning Commission following a duly noticed public hearing on June 9,2014: BAC to DAC Rezonina : For properties situated at 305-371 Primrose Road and 1401-1403 Chapin Avenue, the properties' zoning classification is to be changed from BAC to DAC. This zone change ensures that the properties retain the parking exemption for ground floor retail and restaurant uses that is available to properties within the "Parking Sector" defined in the Burlingame Downtown Specific Plan , while expanding permitted uses to allow office and financial institutions on the ground floor, commercial recreation uses as a conditional use, and eliminating the food establishment quota that applies to properties within the BAC zone. BAC to CAC Rezonina : Properties situated at 401-411 Primrose Road lie outside of the "Parking Sector" within which there is a parking exemption for ground floor retail and restaurant uses. Uses on these properties are most similar in character to those found in the CAC district that encompasses all properties fronting on Chapin Avenue. Therefore, the zoning classification for these properties is to be changed from BAC to CAC. Correction to Svecifrc Plan Text: A minor error in the text of the Land-Use Chapter(Chapter 3) of the Burlingame Downtown Specific Plan will be corrected as follows: Current Passage: 3.3.4 DONNELLY AVENUE AREA: The Donnelly Avenue area consists of properties on either side of Donnelly Avenue between Primrose Road and Lorton Avenue. Ground floor retail use is allowed but not required. Office uses are allowed on the upper levels. Existing residential uses may remain and be improved,but new residential uses are not allowed. Proposed Passage: 3.3.4 DONNELLY AVENUE AREA: The Donnelly Avenue area consists of properties on either side of Donnelly Avenue between Primrose Road and Lorton Avenue. Ground floor retail use is allowed but not required. Offiee uses are allowed ea the upper levels Existing City of Burlingame Page 2 of 3 Printed on 8/8/2014 powered by Legislar- residential uses may remain and be improved, but new residential uses are not allowed. Prior City Council Action : At its regular meeting of July 7, 2014, the City Council considered the changes recommended in the prior section and introduced the ordinance rezoning the subject properties, as recommended by the Planning Commission, and held a public hearing on the proposed ordinance. Following that hearing, Council directed staff to bring the ordinance back for adoption. Mandatory CEQA Findings : A resolution is attached that makes the necessary findings pursuant CEQA regarding potential impacts attributable to the proposed amendments. The resolution should be adopted immediately following adoption of the resolution amending the Burlingame Downtown Specific Plan and the ordinance rezoning the subject properties by the City Council. FISCAL IMPACT None. Exhibits: 1 . Resolution Amending the Burlingame Downtown Specific Plan 2. Ordinance Revising Zoning Map 3. Resolution Making Required CEQA Findings City of Burlingame Page 3 of 3 Printed on 8/8/2014 powered by LegistarT" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE LAND-USE CHAPTER OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN BY REVISING POLICY 3.3.4(DONNELLY AVENUE AREA),REMOVING RESTRICTIONS UPON THE PLACEMENT OF OFFICE USES ON THE GROUND FLOOR OF COMMERCIAL BUILDINGS WITHIN THE DONNELLY AVENUE DISTRICT AND AMENDING THE LAND-USE MAP TO CHANGE THE LAND-USE DESIGNATION OF PROPERTIES LOCATED AT 305-371 PRIMROSE ROAD AND 1401-1403 CHAPIN AVENUE FROM BURLINGAME AVENUE COMMERCIAL(BAC)TO DONNELLY AVENUE COMMERCIAL (DAC),AND CHANGING THE LAND-USE DESIGNATION OF PROPERTIES LOCATED AT 401-411 PRIMROSE ROAD FROM BURLINGAME AVENUE COMMERCIAL(BAC)TO CHAPIN AVENUE COMMERCIAL(CAC) THE CITY COUNCIL OF THE CITY OF BURLINGAME hereby finds as follows: Section 1. On October 4,2010,the City Council adopted the Burlingame Downtown Specific Plan. Section 2. Properties with frontage on Primrose Road and Chapin Avenue that lie to the north of Burlingame Avenue and to the west of Primrose Road that are currently zoned Burlingame Avenue Commercial (BAC)are similar in character(e.g. location, exposure to foot traffic, etc.) to properties zoned Donnelly Avenue Commercial (DAC) and Chapin Avenue Commercial(DAC)that lie within the same vicinity;and Section 3. The restrictions applicable to these properties under the current BAC zoning have limited opportunities for property owners to re-tenant properties once they become vacant;and Section 4. Following a duly noticed public hearing on July 7, 2014,the City Council considered the Planning Commission's June 9, 204 recommendation in support of an amendment Chapter 3—Land-Use of the Burlingame Downtown Specific Plan revising Policy 3.3.4 as it applies to the Donnelly Avenue Commercial (DAC) district, eliminating language allowing office uses only upon the upper levels of commercial buildings within the district as follows: 3.3.4 DONNELLY AVENUE AREA: The Donnelly Avenue area consists of properties on either side of Donnelly Avenue between Primrose Road and Lorton Avenue. Ground floor retail use is allowed but not required. ^"'o ne maces e allei.'ed- on the uppeF levels.levels. Existing residential uses may remain and be improved,but new residential uses are not allowed;and 1 RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT Policy 3.3.4 Donnelly Avenue Area of Chapter 3 — Land-Use of the Burlingame Downtown Specific Plan shall be amended as stated in Section 4 of this resolution. Michael Brownrigg, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 18`" day of August, 2014 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE CITY'S ZONING MAP BY REZONING PROPERTIES LOCATED WITHIN THE ODD-NUMBERED ADDRESS RANGE OF 305-371 PRIMROSE ROAD AND 1401-1403 CHAPIN AVENUE, SITUATED NORTH OF BURLINGAME AVENUE AND SOUTH OF CHAPIN AVENUE, FROM BURLINGAME AVENUE COMMERCIAL (BAC) TO DONNELLY AVENUE COMMERCIAL (DAC) AND TO REZONE PROPERTIES LOCATED WITHIN THE ODD-NUMBERED ADDRESS RANGE OF 401-411 PRIMROSE ROAD, SITUATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CHAPIN AVENUE AND PRIMROSE ROAD, FROM BURLINGAME AVENUE COMMERCIAL (BAC) TO CHAPIN AVENUE COMMERCIAL (CAC) The City Council of the City of Burlingame hereby ordains as follows: Division 1. Factual Background WHEREAS, on October 4, 2010, the City Council adopted the Burlingame Downtown Specific Plan; and WHEREAS, properties with frontage on Primrose Road and Chapin Avenue that lie to the north of Burlingame Avenue and to the west of Primrose Road that are currently zoned Burlingame Avenue Commercial (BAC) are more similar in character (e.g. location, exposure to foot traffic, etc.) to properties zoned Donnelly Avenue Commercial (DAC) and Chapin Avenue Commercial (DAC) that lie within the same vicinity; and WHEREAS, the restrictions applicable to these properties under the current BAC zoning have limited opportunities for property owners to re-tenant properties once they become vacant; and WHEREAS, at its regular meeting of June 9, 2014, the Planning Commission considered revisions to the City's Zoning Map as follows: Change the zoning of odd addressed properties from 305-371 Primrose Road and 1401-1403 Chapin Avenue from Burlingame Avenue Commercial (BAC) to Donnelly Avenue Commercial (DAC) AND change the zoning of odd addressed properties from 401-411 Primrose Road from Burlingame Avenue Commercial (BAC) to Chapin Avenue Commercial (CAC); and WHEREAS, after considering all written and oral testimony presented at the June 9, 2014 public hearing regarding the proposed amendments, the Planning Commission voted to recommend to the City Council, adoption of an ordinance amending the City's zoning map as described herein; and 1 ORDINANCE NO. WHEREAS, at its regular meeting of July 7, 2014 the Burlingame City Council conducted a duly noticed public hearing to consider the Planning Commission's recommendation to amend the City's zoning map and following conclusion of the public hearing and consideration of all written and oral testimony provided during the hearing, introduced and ordinance, by title only, waiving further reading, amending the City's zoning map as described herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. The Burlingame zoning map is hereby amended as follows: Change the zoning of odd addressed properties from 305-371 Primrose Road and 1401-1403 Chapin Avenue from Burlingame Avenue Commercial (BAC) to Donnelly Avenue Commercial (DAC) AND change the zoning of odd addressed properties from 401-411 Primrose Road from Burlingame Avenue Commercial (BAC) to Chapin Avenue Commercial (CAC). Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30-days thereafter. Michael Brownrigg, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 7" day of July, 2014, and adopted thereafter at a regular meeting of the City Council held on the 18th day of August, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT AMENDMENTS TO CHAPTER 3 — LAND-USE OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN TO PERMIT OFFICE USES ON THE GROUND FLOOR IN THE DONNELLY AVENUE COMMERCIAL (DAC) DISTRICT AND AMENDING THE LAND-USE MAP WITHIN THE PLAN AND THE CITY'S ZONING MAP TO REVISE THE LAND-USE DESIGNATION AND ZONING OF PROPERTIES LOCATED AT 305-371 PRIMROSE ROAD AND 1401-1403 CHAPIN AVENUE FROM BURLINGAME AVENUE COMMERCIAL (BAC) TO DONNELLY AVENUE COMMERCIAL (DAC) AND FOR PROPERTIES LOCATED AT 401-411 PRIMROSE ROAD FROM BURLINGAME AVENUE COMMERCIAL (BAC) TO CHAPIN AVENUE COMMERCIAL (CAC), IS ADEQUATELY EVALUATED IN MITIGATED NEGATIVE DECLARATION NO. ND-555-P ADOPTED FOR THE BURLINGAME DOWNTOWN SPECIFIC PLAN AND DETERMINING THAT NO FURTHER ENVIRONMENTAL ANALYSIS IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF BURLINGAME hereby finds as follows: Section 1. On October 4, 2010, the City Council adopted the Burlingame Downtown Specific Plan and Mitigated Negative Declaration ND-555-P certifying completion of the environmental analysis of the policy direction provided by the Plan. Section 2. Following duly noticed public hearings before the Planning Commission and City Council, the City Council has adopted an amendments to Chapter 3 — Land-Use of the Burlingame Downtown Specific Plan to allow ground-floor office uses within the Donnelly Avenue Commercial (DAC) area revising the land-use designation/zoning for properties situated at 305-371 Primrose Road and 1401-1403 Chapin Avenue from BAC to DAC, and for properties situated at 401-411 Primrose Road from BAC to CAC. Section 3. Mitigated Negative Declaration ND-555-P was prepared and approved on October 4, 2010 in accordance with the California Environmental Quality Act (CEQA), and it was determined that with the mitigation measures proposed and incorporated into the Standard Conditions of Approval for all projects included in the Burlingame Downtown Specific Plan, there are no potential significant environmental impacts from adoption of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT adoption of an amendments to Chapter 3 — Land-Use of the Burlingame Downtown Specific Plan and to the zoning of those properties specifically described herein was adequately evaluated pursuant to CEQA in Mitigated Negative Declaration (MND) ND-555-P since the amendments do not materially alter the mix of land-uses evaluated in the MND, and that no further environmental analysis is required pursuant to the California Environmental Quality Act (CEQA). Michael Brownrigg, Mayor 1 RESOLUTION NO. I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 18th day of August, 2014 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2 BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Staff Report Agenda Item Meeting Date 8- `+ To: Honorable Mayor and City Council Date: August 18, 2014 From: Kathleen Kane, City Attorney - (650) 558-7204 Subject: Adoption of an Ordinance Amending Chapter 8.18 of the Burlingame Municipal Code to Expand Areas Where Smoking is Prohibited RECOMMENDATION Staff recommends that the Council consider the adoption of an ordinance amending Title 8 of the Burlingame Municipal Code to expand areas where smoking is prohibited under the City's existing smoking regulations. In order to do so, the Council should, by motion: A. Adopt the ordinance, as attached, and B. Direct the City Clerk to publish a summary of the ordinance along with the Council's vote within 15 days of the Council's action. BACKGROUND Burlingame's existing smoking ordinance bans smoking in certain identified City facilities. Staff has determined a need to expand the list of City facilities where smoking is prohibited in order to address second hand smoke impacts on children and the elderly and to preserve the park-going experience for the public. In addition, litter impacts from cigarette butts have proven to be a burden on City maintenance functions in parks and parking lots. Smoking also poses a significant fire risk in City parks, particularly Mills Canyon. The attached revisions to the code are designed to mitigate these impacts. The revisions are targeted and do not radically expand the smoking prohibitions currently in effect. Instead, they place additional City-controlled locations onto the list of areas where smoking is prohibited. DISCUSSION The Council introduced the attached ordinance at its meeting on July 7, 2014. Following a public hearing, the Council directed staff to return the ordinance for adoption at its August 18, 2014 meeting. All required public notices have been provided. FISCAL IMPACT None Exhibit: 1. Proposed Ordinance City of Burlingame Page 1 of 1 Printed on 8/13/2014 powered by Legistar`l ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE TO INCLUDE GREATER RESTRICTIONS OF SMOKING IN PUBLIC PLACES. WHEREAS the City has long recognized smoking's direct and indirect harmful effects on the public health and welfare; and WHEREAS the City seeks to protect the health of the members of the public enjoying the City's many parks and recreational facilities; and WHEREAS portions of the City's smoking regulations were last updated over 20 years ago and can be updated to better reflect current local conditions; and WHEREAS current Chapter 8.18 could be augmented to better protect areas frequented by particularly vulnerable members of the public, such as young children; WHEREAS the public has an interest in the enjoyment of City parks, free from the effects of second-hand smoke and litter associated with cigarette use; WHEREAS smoking creates deleterious impacts on the City's fire suppression, public property maintenance, and stormwater processing functions; NOW, THEREFORE,the City Council does hereby ordain as follows: DIVISION 1: Section 1: Burlingame Municipal Code Chapter 8.18 is hereby amended as follows: 1. Current Chapter 8.18, Smoking is hereby amended as follows: 8.18.010 Findings and purpose. The city council of the city of Burlingame hereby finds that: (a) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;and (b) Reliable studies have shown that breathing second-hand smoke,which has been classified as a carcinogen,is a significant health hazard for all persons;and (c) Health hazards induced by breathing second-hand smoke include heart disease, lung cancer,respiratory dysfunction,bronchoconstriction,bronchospasm,and death;and (d) Nonsmokers with allergies,respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same;and (e) Smoking is a documented cause of fires,and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses;and (_f) Cigarette butts,left as litter,are toxic to small children and wildlife that may ingest them and contribute to the solid waste burden of public space maintenance and stormwater processing facilities: and (gf) Accordingly,the city council finds and declares that the purpose of this chapter is to protect the public health and welfare by prohibiting smoking in public places and in places of employment, asset forth herein.(Ord. 1481 § 1,(1993)) 8.18.020 Definitions. The following words and phrases,whenever used in this chapter,shall be construed as defined in this section: (a) "Bar"means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food in that bar area is only incidental to the consumption of such beverages.Although a restaurant may contain a bar,the term"bar"shall not include the restaurant's primary dining area. (b) "Business"means any sole proprietorship,partnership,joint venture,corporation or other business entity formed for profit-making purposes,including retail establishments where goods or services are sold as well as professional corporations and other entities where legal,medical,dental,engineering, architectural or other professional services are delivered. (c) "Employee"means any person who volunteers his or her services or who is employed by any employer in consideration for direct or indirect monetary wages or profit. (d) "Employer"means any person,partnership,corporation or nonprofit entity who employs the services of one or more persons. (e) "Enclosed"means closed in by roof and at least three(3)walls. (f) "Nonprofit entity"means any corporation,unincorporated association or other entity created for charitable,educational,political,social or other similar purposes,the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain.A public agency is a"nonprofit entity"within the meaning of this section. (g) "Place of employment"means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment,including,but not limited to„work areas,employee lounges and restrooms,conference and class rooms,cafeterias and hallways. (h) "Public place"means any enclosed area to which the public is invited or in which the public is permitted,including,but not limited to:banks,educational facilities,health facilities,public transportation facilities,reception areas,restaurants,retail food production and marketing establishments, rail service establishments,retail stores,theaters and waiting rooms. Public place also means that Cit- owned or operated property—whether enclosed or open-air—described below in§8.18.030. (i) "Restaurant"means any coffee shop,cafeteria,sandwich stand,soda fountain,private or public school cafeteria and any other eating establishment,organization,club,boardinghouse or guest house,which gives or offers food for sale to the public,guests,patrons or employees. 0) "Retail tobacco store"means a retail store utilized primarily for the sale of tobacco products and accessories. (k) "Service line"means indoor line at which one or more persons are waiting for or receiving service of any kind,whether or not such service includes the exchange of money. (1) "Smoking"means inhaling,exhaling,burning or carrying any lighted pipe,cigar or cigarette of any kind,or any other combustible substance. (m) "Sports arena"means sports pavilions,gymnasiums,health spas,boxing arenas, swimming pools,athletic fields,roller and ice rinks,bowling alleys and other similar places where members of the public assemble to engage in physical exercise,participate in athletic competition or witness sports events. (n) "Tobacco vending machine"means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money,whether in coin or paper currency,or other things representative of value,which dispenses or releases a tobacco product.(Ord. 1344§ 1,(1987); Ord. 1475 §§ 1,2,(1993);Ord. 1481 § 1,(1993)) 8.18.030 Smoking limitations in city-owned or city-controlled facilities and vehicles. In order to avoid the adverse effects of smoking on members of the public,employees,and property of the City,the City hereby bans smokingat city facilities as described in this section. (a) Enclosed Facilities. Smoking is prohibited in all enclosed facilities owned by the city. For the purpose of this chapter,the building known as the Burlingame Lions Hall shall not be considered a city- owned building. (b) Sports Fields and Courts. Smoking is prohibited at all times within twenty-five(25)feet of the following: (1) Any bleachers,grandstands,playing fields,or dugouts of any city-owned sports field commonly used for activities such as baseball,softball,soccer,lacrosse,or football;and (2) Any city-owned sports courts commonly used for activities such as tennis or basketball; and (3) Players'benches or spectator gathering areas during any city-conducted or city-sponsored activity. (c) City Events. Smoking is prohibited during the performance or conduct of any city- conducted or city-sponsored event,including,but not limited to,sports,entertainment,plays,ceremonies, pageants,fairs,or training in any location that is close enough to the event that smoke is traveling to or over participants or spectators of the event.The director of parks and recreation is authorized,however,to designate smoking areas at such an event where smoking is to be allowed notwithstanding this subsection. This subsection does not apply to smoking by a person who is passing through the area to another destination,or to smoking by actors in a theatrical production if smoking is an integral part of the production. (d) Specific Areas.Smoking is further prohibited in,and within twenty-five(25)feet of,the following locations: (1) City-owned parking lots; (2) Burlingame Golf Center; (3) Murray Field; (4) Burlingame School District property,including fields and courts; (5) San Mateo Union High School District property,including fields and courts; (6) City-owned play rog unds: (7) City-owned parks; (86) City-owned and maintained bayfront trails,and (9-7) Mills Canyon Park. (e) Posted Areas.In addition to the facilities described above,the city manager and the director of parks and recreation are authorized to post additional city-owned or city-controlled facilities for "no smoking,"and smoking is prohibited in any such facility that is so posted. (f) City Vehicles. Smoking is prohibited in any city-owned or city-controlled vehicle.(Ord. 1344§ 1,(1987);Ord. 1481 § 1,(1993);Ord. 1485 § 1,(1993);Ord. 1777§2,(2005)) 8.18.040 Prohibition of smoking in public places. (a) Smoking shall be prohibited in all enclosed public places,including,but not limited to„ the following places: (1) Elevators and restrooms; (2) Buses,taxicabs and other means of public transit under the authority of the city of Burlingame. (3) Service lines; (4) Retail stores; (5) Restaurants; (6) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public,including,but not limited to,business offices,and banks; (7) Public areas of aquariums,libraries and museums when open to the public; (8) Any building not open to the sky which is used primarily for exhibiting any motion picture,stage drama,lecture,musical recital or other similar performance,except when smoking is part of any such production; (9) Enclosed sports arenas; (10) Doctors offices,dentists offices,waiting rooms,hallways,wards and semi-private rooms of health facilities,including,but not limited to,hospitals,clinics and physical therapy facilities; (11) Every room,chamber,place of meeting or public assembly, including school buildings under the control of any board,council,commission,committee including joint committees,or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress,to the extent such place is subject to the jurisdiction of the city; (12) Lobbies,hallways,and other common areas in apartment buildings,condominiums, senior citizen residences,nursing homes,and other multiple-unit residential facilities; (13) Lobbies,hallways,and other common areas in multiple-unit commercial facilities; (14) Polling places; (15) Warehouse facilities of any size.(Ord. 1344 § 1,(1987);Ord. 1481 § 1,(1993);Ord. 1517§ 1,(1995)) 8.18.050 Regulation of smoking in places of employment. Smoking is prohibited in all places of employment.(Ord. 1344§ 1,(1987);Ord. 1481 § 1,(1993)) 8.18.060 Where smokin not of regulated. (a) Notwithstanding any other provisions of this chapter to the contrary,the following areas shall not be subject to the smoking restrictions of the chapter: (1) Bars; (2) Private residences,except when used as a child care or a health care facility;provided that common areas or areas normally open to the public within residential apartments,residential co-ops, residential hotels,senior citizen projects,or other communal or similar facilities housing twelve(12)or more persons shall be subject to smoking restrictions; (3) Sixty-five(65)percent of the guest room accommodations in a hotel,motel,or similar transient lodging establishment; (4) Areas of the lobby in a hotel,motel,or similar transient lodging establishment designated for smoking by the establishment. Such an establishment may permit smoking in a designated lobby area that does not exceed twenty-five(25)percent of the total floor area of the lobby or,if the total area of the lobby is two thousand(2,000)square feet or less,that does not exceed fifty(50)percent of the total floor area of the lobby.For the purposes of this paragraph,"lobby"means the common public areas of such an establishment in which registration and other similar or related transaction,or both,are conducted and in which the establishment's guests and members of the public typically congregate; (5) Meeting and banquet rooms in a hotel,motel,other transient lodging establishment similar to a hotel or motel,restaurant,or public convention center,except while food or beverage functions are taking place,including setup,service,and cleanup activities,or when the room is being used for exhibit purposes.At times when smoking is not permitted pursuant to this subsection,the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area on other than a passing basis; (6) Theatrical production sites,but only in a theatrical production itself when smoking is an integral part of the story to the theatrical production; (7) Cabs of motortrucks,as defined in Section 410 of the Vehicle Code,or truck tractors,as defined in Section 655 of the Vehicle Code,if no nonsmoking employees are present; (8) Retail tobacco stores; (9) Medical research or treatment sites,if smoking is integral to the research and treatment being conducted. Such a site must have not less than sixteen(16)air changes per hour; (10) Patient smoking areas in long-term health care facilities,as defined by Section 1418 of the Health and Safety Code. Such an area shall have not less than sixteen(16)air changes per hour. (b) The exception to smoking prohibitions contained in subsection(a)(7)above does not apply to city-owned or city-controlled vehicles or equipment.(Ord. 1344§ 1,(1987);Ord. 1481 § 1, (1993);Ord. 1517§2,(1995);Ord. 1527§ 1,(1995);Ord. 1777§3,(2006)) 8.18.070 Postine of signs. (a) "No Smoking"signs with letters of not less than one inch in height or the international "No Smoking"symbol,consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it,shall be clearly and conspicuously posted in every building or other place where smoking is controlled by this chapter,by the owner,operator,manager or other person having control of such building or other place. (b) Every theater owner,manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium,and in the case of motion picture theaters,such information shall be shown upon the screen for at least five(5)seconds prior to the showing of each feature motion picture.(Ord. 1344§ 1,(1987);Ord. 1481 § 1,(1993)) 8.18.080 Violations. (a) It is unlawful for any person to smoke in a place where smoking is prohibited. (b) It is unlawful for any person who owns,manages or otherwise controls the use of any premises subject to the prohibition of this chapter to fail to post signs as required by this chapter or to knowingly permit a violation of this chapter;provided,however,that employees are not required to designate their individual work areas. (c) Any person who violates this section may be subject to civil and criminal penalties,as defined in§1.12 and§1.14 of this Municipal Code. (Ord. 1344§ 1,(1987);Ord. 1481 § 1,(1993)) 8.18.090 Nondiscrimination. No person shall discharge,refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 1344§ 1,(1987);Ord. 1481 § 1,(1993)) 8.18.100 Tobacco vending machines prohibited except in bars. No person,business,or tobacco retailer shall locate,install,keep,maintain or use,or permit the location,installation,keeping,maintenance or use on his,her or its premises any vending machine for the purpose of selling or distributing any tobacco product,except that vending machines shall be permitted in bars,provided the vending machines are not located adjacent or near any entrance of the bar.(Ord. 1475 § 3,(1993)) 8.18.110 Enforcement of Labor Code Section 6404.5. (a) Authority.The provisions of Labor Code Section 6404.5 may be enforced by employees of the San Mateo County Health Sem4ees ^gene- ' ivisien of Pu lie 14e&a.System,as designated by the Diff ter-of Health SefvieesChief of the Health Systemin addition to city employees, peace officers,and state employees and officers.However,employees designated by the County Difeetefe€ Health Sen,ii•6csS sy tem with the authority to enforce Labor Code Section 6404.5 may only issue citations to employers and not to patrons,customers,or other guests when exercising the authority conferred by this paraerWh.- (b) San Mateo County Health Sefviees,kgeney,Divisien of Publie[4ea4h--System Employees as Public Officers.In the performance of their duties of monitoring and enforcing compliance with Labor Code Ste-X6404.5,and to the extent permitted by Labor Code§6404.56).the City confers all employees,as designated by the County D4feetep-ef-Health Ser roes-S sy tem to engage in those enforcement efforts,M+a the power,authority,and immunity of a public officer to engage in that activity,and issue citations as provided in this section. (c) Training Program.In coordination with the sheriff of San Mateo County,the Chief of the San Mateo County Health System and/or his or her designees GeRa.4.,n:«....ter-of Health Se ,iees Will establish and cause to be administered an enforcement training program designed to instruct each of the Health Services employees designated to enforce under this section to exercise citation authority pursuant to state law.(Ord. 1599§2,(1998)) DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect thirty(30) days after its final passage. MICHAEL BROWNRIGG, Mayor I,MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the day of 2014 and adopted thereafter at a regular meeting of the City Council held on the_day of 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: MARY ELLEN KEARNEY,City Clerk BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Staff Report Agenda Item Ka- Meeting Meg- To: aterTo: Honorable Mayor and City Council Date: August 18, 2014 From: Carol Augustine, Finance Director - (650) 558-7222 Subject: Adoption of a Resolution Approving the 2013-2014 Annual Report of the Burlingame Avenue Area Business Improvement District; Declaring the City's Intent to Establish and Levy Assessments on Businesses Within the District for the 2014-2015 Fiscal Year; and Setting the Required Public Hearing for September 15, 2014 RECOMMENDATION Staff recommends that the City Council adopt a resolution: • Approving the 2013-14 annual report of the Burlingame Avenue Area Business Improvement District; • Stating the Council's intent to levy assessments on businesses within the district for the 2014-15 fiscal year; and, • Setting a public hearing for Monday, September 15, 2014 at 7:00 p.m. BACKGROUND Pursuant to California Streets and Highways Code Section 36500 et seq., the Burlingame City Council adopted ordinance 1735 in 2004, establishing the Burlingame Avenue Area Business Improvement District (DBID) for the purpose of promoting the downtown Burlingame Avenue business area. In the summer of 2010, the DBID was re-instituted after a hiatus of several years. DISCUSSION For the past four years the DBID has provided business-enhancing activities, events and publicity for the downtown Burlingame businesses. Pursuant to the Streets and Highways Code, the DBID must file a report with the City each year detailing its past-year activities, its finances for the past year and its proposed budget for the coming year. The DBID submitted its annual report and its 2014-15 fiscal year budget on July 10, 2014. Copies of the documents are attached to the Resolution of Intention. Note that the DBID's operating year begins October 1St and ends September 30tH Under the law, the City must, after a noticed public hearing, levy the annual assessments on the businesses within the District. The resolution attached to this report sets that public hearing and provides notice to the businesses in the District. The public hearing will be conducted at the Council meeting on September 15, 2014. The method of assessment will remain the same as in prior years. The list of assessments for each City of Burlingame Page 1 of 2 Printed on 8/12/2014 powered by Legistarl" business in the District is attached to the Resolution of Intention. Following the Council's adoption of the Resolution of Intention, the Finance department will mail a letter to all affected businesses within the DBID. The letter will inform each business that the annual renewal process has commenced. The letter also will provide each business with the geographic zone and building floor in which they are located, the square footage used to determine the annual assessment, and the proposed assessment to be charged in the new fiscal year. In addition, each business will also receive a copy of the adopted Resolution of Intention and a Notice of Public Hearing as required by law. The Resolution of Intention to Levy Assessments notifies all businesses within the District of the City Council's intention to levy and collect fees. The public hearing gives the businesses an opportunity to voice their opinions, comments, suggestions and concerns directly to the City Council. The recommended hearing date is September 15, 2014 at 7:00 p.m. FISCAL IMPACT Approximately $90,000 in assessments is anticipated to be collected annually. The funds are forwarded to the DBID for expenditures as authorized by their board of directors. The City is reimbursed $4,000 for the cost of preparing and mailing the required DBID notices. Exhibits: • Resolution of the City Council of the City of Burlingame Approving the 2013-2014 Burlingame Avenue Area Business Improvement District Annual Report and Declaring its Intention to Establish and Levy 2014-15 Assessments for the Burlingame Avenue Area Business Improvement District • Notice of Public Hearing: Consideration of Establishment and Levy of Annual Assessments on Businesses Within the Burlingame Avenue Area Business Improvement District for 2014-15 City of Burlingame Page 2 of 2 Printed on 8/12/2014 powered by Legistar— RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE 2013-14 BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND DECLARING ITS INTENTION TO ESTABLISH AND LEVY 2014-15 ASSESSMENTS FOR THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the City Council of the City of Burlingame originally established the Burlingame Avenue Area Business Improvement District ("DBID") for the purpose of promoting economic revitalization and physical maintenance of said business district, and WHEREAS, a majority protest was made against renewal of the DBID in 2007 and, accordingly, the DBID was not renewed at that time; and WHEREAS, in 2010 the DBID was re-instituted after the City Council amended the ordinance to revise the method and amount of the assessments and no majority protest was made against the revised assessments; and WHEREAS, the DBID Advisory Board has filed its 2013-14 annual report with the City Clerk and has requested the Burlingame City Council to set a public hearing and to levy the DBID assessments for the 2014-15 year; and WHEREAS, the DBID has provided important services in enhancing the downtown Burlingame Avenue business area, its businesses and properties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: 1. The City Council accepts and approves the 2013-14 annual report of the Burlingame Avenue Area Business Improvement District,a copy of which is attached as Exhibit"A". 2. The Burlingame City Council intends to levy an assessment for the 2014-15 year, beginning October 1, 2013, on businesses in the DBID in order to pay for improvements and activities of the DBID. 3. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the DBID are set forth in Exhibit "B", incorporated herein by reference; these activities and improvements are without substantial change from those previously established for the DBID. 4. The method and basis of levying the assessments on the businesses in the DBID for the 2014-15 year shall remain the same as those used to determine the assessments levied on DBID businesses in the 2013-14 year. 5. New businesses shall not be exempt from assessment. 6. The annual report of the DBID is on file at the Office of the City Clerk at 510 Primrose Road, Burlingame, California, and is available for review during regular business hours, 8 am to 5p1n, Monday through Friday. 7. The City Council of the City of Burlingame hereby schedules a public hearing on the proposed DBID assessments for 2014-15 for Monday, September 15, 2014, at 7:00p.m., in the Council Chambers,Burlingame City Hall, 501 Primrose Road,Burlingame, California. 8. At the public hearing, the City Council will receive testimony and evidence, and interested persons may submit written comments before or at the public hearing, or they may be sent by mail or delivered to the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010. 9. At the public hearing, any and all persons may make oral or written protests against the proposed assessments. In order for a protest to be counted in the majority protest against the proposed assessments or programs and services, the protest must be submitted in writing to the City Clerk at or before the close of the public hearing on September 15, 2014. Each written protest shall identify the business and its address, include a description of the business and the amount of the assessment proposed for that business. If the person signing the protest is not shown on the official records as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business or otherwise empowered to enter a protest on its behalf. A written protest that does not comply with the provision of this paragraph will not be counted in determining a majority protest. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. 10. At the conclusion of the public hearing, if the City Council determines that there are, of record, written protests by the owners of businesses within the downtown Burlingame Avenue Area Business Improvement District which will pay fifty percent (50%) or more of the total assessments of the entire District, as to the proposed assessments, the City Council shall not levy any assessment for the District. At the conclusion of the public hearing, if the City Council determines that there are, of record, written protests by the owners of businesses within the District which will pay fifty percent (50%) or more of the total assessments of the entire District only as to a particular improvement or activity proposed, then that particular improvement or activity shall not be included in the District. 11. Further information regarding the proposed assessments and the procedures for filing a written protest, may be obtained from the City Clerk, Burlingame City Hall, 501 Primrose Road, Burlingame, California, 650-558-7203. 12. The City Council directs the City Clerk to provide notice of the September 15, 2014 public hearing by publishing notice as well as this Resolution in a newspaper of general circulation in the City of Burlingame in accordance with the requirements of the Government and Streets & Highways Codes and mailing them in accordance with those requirements as applicable. Michael Brownrigg,Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 18th day of August, 2014, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk EXHIBIT A a rBURLINGAME�a a July 10, 2014 Burlingame City Council City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 Honorable Council Members: The DBBID Advisory Committee is planning no changes to the assessment or boundaries of the district. We'd also like to report that there will be no changes made to the current Advisory Committee. Following enclosures include our financial statement to date and our proposed budget for the 2014 - 2015 fiscal year. Proposed expenditures for the remainder of the current year include: • $4,000 for Administrative Assistant costs • $30,000 set aside for future Downtown Lighting projects on Howard and Burlingame Avenue.(planning for new streetscape) • $8,000 for continued Marketing and Advertising endeavors • $1,000 for continued website development/ app development Our activities and programs completed for this fiscal year or in development to date include: • Tree lighting entertainment, Parade down Howard Avenue, Rides and additional evening entertainment, holiday activities and promotions, installation of Holiday banners • Streetscape- Grand Reopening of the 1200 Block of Burlingame Ave (in conjunction with the City of Burlingame). • Sponsor and promote Fall &Spring Sidewalk Sales. (Suspended during Streetscape,will begin again in Spring 2014) • DBBID Website, Interactive Map development&maintenance • iPhone and Android App for all Merchants to use for Marketing opportunities and the general public to utilize to find out about happenings in Downtown Burlingame. • Added value entertainment and events for Thursday night Farmer's Market (Dancin' Off the Avenue May- October 2013) Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 • Shuttle support • Maintained communication network for important information and distribution. • Marketing efforts include: Facebook.com's "Go Burlingame" page, Explorer Hotel book research, Providing Maps to local Hotel Concierge Desks to help promote downtown Burlingame, iPhone and Android App creation. • Merchant Communication efforts include: Email contact regarding downtown updates, parking updates, streetscape updates, upcoming events, etc. , New Merchant Outreach (individually contacting new merchants to introduce the DBBID and welcome them to the community and to engage in future DBBID efforts. • Monthly Email to merchants and subscribed members regarding community events and notices regarding events / issues happening in the Downtown area. • Attended Streetscape and City Council meetings as planned. Planned Activities of interest for next year include: • 2014 Holiday Parade and Entertainment to coincide with Tree Lighting • Streetscape Completion / Burlingame Ave re-opening celebration (in conjunction with the City of Burlingame) • Oktoberfest/ BeerWalk - 2014 • Continuation of existing programs. Respectfully submitted by, The DBID Advisory Committee Curtis Reeves - Rue du The Jae Lin- Barracuda Angeline Sebastian-Stafford - Massage Envy Daniel Jaeger- Straits Cafe Downtown Burlingame Business Improvement District P.O. Box 563 Burlingame, CA 94011 - 0563 Downtown Burlingame Improvement District 07/09/14 Profit and Loss Standard October 2013 through September 2014 Oct'13-Sep'14 Ordinary Income/Expense Income Direct Public Support Member Dues 2013-2014 81,752.40 Member Dues-2012_2013 2,640.75 Dancin Off The Avenue Income 452.00 Total Direct Public Support 84,845.15 Total Income 84,84 5.15 Expense void 0.00 Member Enhancements Beautification-Supplies 322.64 Shuttle Contribution 7,500.00 Communications 81.00 Total Member Enhancements 7,903.64 Special Events Winter Rentals 4,786.31 Posters/Flyers 505.92 Entertainment 148.21 Advertising,Print&Multi Medi 855.03 Winter-Other 0.00 Total Winter 6,295.47 Summer Rentals 1,724.24 Entertainment 450.00 Advertising,Print or Multi Med 55.52 Summer-Other 620.30 Total Summer 2,850.06 Spring Rentals 270.00 Total Spring 270.00 Total Special Events 9,415.53 Marketing and Advertising Web Site Maintenance 600.00 Page 1 Downtown Burlingame Improvement District 07/09/14 Profit and Loss Standard October 2013 through September 2014 Oct '13 - Sep '14 Hotel Advertising Print 1,459.51 Maps and Schedules 1,642.51 Total Hotel Advertising 3,102.02 Marketing and Advertising - ... 4,960.00 Total Marketing and Advertising 8,662.02 Operations Telephone &Telecommunicati... 263.33 Postage, Mailing Services 294.32 Office Supplies 276.92 Insurance 742.32 Contract Services Legal Fees 3,111.00 Administrative Assistant 16,068.00 Accounting Fees 1,710.00 Contract Services - Other 5,928.00 Total Contract Services 26,817.00 Operations - Other 168.00 Total Operations 28,561.89 Total Expense 54,543.08 Net Ordinary Income 30,302.07 Net Income 30,302.07 Page 2 EXHIBIT B DBBID Annual Budget Proposal October 2014 - September 2015 Budget Item Budget Amount Special Events $200000.00 Marketing and Advertising $25,000.00 Print Advertising Hotel Advertising Web Site Maintenance iOS & Android App maintenance Member Enhancements $20,000.00 Beautification Shuttle Contribution Communications Parking Solutions Administration $30,000.00 Part Time Assistant Accounting Office Supplies City Collection Fees Insurance Total $95,000.00 NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS FOR THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT FOR 2014-15 AND TO DETERMINE WHETHER A MAJORITY PROTEST HAS BEEN MADE PLEASE TAKE NOTICE that on September 15,2014 at 7:00 p.m., in the Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame,the City Council of the City of Burlingame will conduct a public hearing to consider the following: 1. The adoption of a Resolution imposing proposed assessments on businesses in the Burlingame Avenue Area Business Improvement District for the 2014-15 fiscal year, the amounts of those assessments,the types of improvements and activities proposed to be funded by the assessments, and the method and basis of levying the assessments 2. Any and all written protests against said assessments. 3. Whether there are written protests to the proposed assessments by the owners of businesses within the Burlingame Avenue Area Business Improvement District which will pay fifty percent(50%) or more of the total assessments of the entire District. 4. Whether there are written protests to a particular District improvement or activity by the owners of businesses within the Burlingame Avenue Area Business Improvement District which will pay fifty percent(50%)or more of the total assessments of the entire District. The proposed basis for the 2014-15 assessment is the same as that used for the 2013-14 fiscal year. The purposes,programs and activities to be supported by the proposed assessments are described in the Resolution of Intention, a copy of which is available for review at the City Clerk's Office, 501 Primrose Road, Burlingame California. The public hearing on the proposed Burlingame Avenue Area Business Improvement District programs and the assessments for the 2014-15 fiscal year is set for September 15,2014 at 7:00 p.m. before the City Council of the City of Burlingame, in the Council's Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. At that time,the Council will hear from any interested person who wishes to submit written or oral testimony regarding the proposed assessments. Oral or written protests may be made before or at that public hearing, but no later than the close of the public hearing. See the Resolution of Intention for information on how protests are made and what effect protests have. Further information regarding the proposed assessments may be obtained from the City Clerk at City Hall, 501 Primrose Road, Burlingame, California 94010 (650-558-7203). Written comments and/or written protests may be directed to the City Council, Burlingame City Hall, 501 Primrose Road, Burlingame, CA 94010. BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME,CA 94010 BURLINGAME Staff Report �F Agenda Item - Meeting Date To: Honorable Mayor and City Council Date: August 18, 2014 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Approving the Tentative and Final Parcel Map (PM 13-01) for a Lot Split of Parcel 23-C, Kenmore Terrace Subdivision at 2202 Summit Drive RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action of July 14, 2014 and adopt the attached resolution approving the proposed tentative and final parcel map (PM 13-01) for a Lot Split of Parcel 23-C, Kenmore Terrace Subdivision, subject to the following conditions: 1. A Final Parcel Map for the proposed lot split must be filed with the City by the applicant within the two- year time period as allowed by the Subdivision Map Act and the City's Subdivision Ordinance; 2. The Final Parcel Map shall include notes to indicate that a portion of the existing sanitary sewer easement was realigned as shown on page two of the proposed map; 3. The Final Map shall show the widths of the right-of-way for Summit Drive and Canyon Road including the centerline of right-of-way, bearing and distances of centerlines and any existing monuments within the roadways; and 4. All property corners shall be set in the field and be shown on the Final Map. No developmental approvals are part of this mapping action. BACKGROUND The proposed Lot Split parcels meet the minimum required street frontage of 50 feet and the minimum required lot size of 5,000 square feet. Proposed parcel 1 has 60 feet of street frontage and a lot size of 109,854 square feet. Proposed parcel 2 has 50 feet of street frontage and a lot size of 5,972 square feet. This Lot Split is categorically exempt as a minor land division under the California Environmental Quality Act. (See CEQA Guidelines, California Code of Regulations, Title 14, Ch. 3, §15315.) As part of this application, a portion of the sanitary sewer easement will be adjusted such that the main pipeline will be the new centerline of the easement as shown on page two of the proposed map. Staff has reviewed the map and recommends its approval as a tentative and final parcel map subject to the above conditions. FISCAL IMPACT: None Exhibits: 1. Resolution City of Burlingame Page 1 of 2 Printed on 8/6/2014 power-:d by L. cl stt r" 2. Tentative and Final Parcel Map 3. July 14, 2014 Planning Commission Minutes City of Burlingame Page 2 of 2 Printed on 8/6/2014 pm•.verad by Leg;s'.ar�'• RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE TENTATIVE AND FINAL PARCEL MAP(PM 13-01)FOR A LOT SPLIT OF PARCEL 23-C,KENMORE TERRACE SUBDIVISION AT 2202 SUMMIT DRIVE The City Council of the City of Burlingame does resolve as follows: WHEREAS, on July 14, 2014, the tentative and final parcel map was approved by the Planning Commission;and WHEREAS,the two proposed parcels meet the minimum required street frontage and lot size;and WHEREAS, this lot split is categorically exempt as a minor land division under the California Environmental Quality Act(CEQA Guideline 15315);and WHEREAS, a portion of the sanitary sewer easement within the subdivided lot will be adjusted such that the centerline of the easement is the centerline of the sewer pipeline. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL,AS FOLLOWS: 1. Staff is directed to verify that all conditions of approval are met and arrange for the recording of the final parcel map. Michael Brownrigg,Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 18th day of August,2014,and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney,City Clerk 1 rnm uoT� \ \ss [MYwS a aD1�9uRo YR..1MY. ItLWLNPW.O \\ e'AY'ORDRR WI. � , TM � �.[yp0° � Y• aIlY3 y14111 d Ms tlN WE [rlER[R93a INE .' YMPIa fil�taVA.6 NC M[9KNMaP IA4 NOL K4WE R'J09MIR RI.[.VIOS.urtRVm mG[Id.G /"` 4 9a wmm elan mum[saNnamwame.[m c \9Y1 `'+p -_- -'r� °' "w� 'All unmr. ♦ ,A p� 4.[awwU i? 9 MRI1Y.li W01 I(M a. R�rorq � .nP ooc nn aoo n[w oR wry.• [ ]Ah�9e..b• ♦ °.:..n • •: L• � Ery. `` : BNM OF R EVAT)0NB ^' ♦ wwen9 eww S.n+'x[enr9w INe raw NnN .a e"ee Nauola K ew[z w nc eaNn/Ar a e.w[sc ' lA[IM of FAHNNO t YWS \ K wo eum a 91a[e ox�.arum we[Nl ra .' P11L K MAI S 17 \ PMPL M ] \ U991N0 AtU-1146w SF. b \ \ tELw NA MO[3 • ••a 4.1 Igw,_ awl atlV[ .y (� p Mx=O2]-I-[]O-910 "O U' a `• "a •' Lwos a CUL lee®ae78]e �"' �� \ �9\ R.ppLe• P�r[*none ow t.SI.N• PROPOSED COI AREA: 109,854 S � r @Q$'y°"9�[('> W. OVERALL MAP i. SCALE.- ,• _ Hoc '•:,,; °a ere ! `♦' y� �a I _ � ej°'IokoYq 13 3 ---------- -jr ♦` \\ i '-. \ \ urr v \nxnE Tma \ \\1 \ PROPOSED LZl Mir AREA: 5°972 S.F. IRIS k AREA F. \ \ z a n eFEM III Fv- S 9°aBPS s 55:\A[ \ s "7 TENTATIVE MAP OF PARCEL MAP AND T9 / �, o: s LOT UNE ADJUSTMENT M fP[1 1 9 N q2m I \ '^,e N�yr LANDS OF FANNING G PLUS Rw Y H DOCUMENT/21 p4 G \ I PORTION OF PARCEL OF CEL MAPS P ol. I.. — OS E\ \ VOLUME 0 PARCEL MC PAGE 7 �I _ ASSESSOR'S PAROL NUMBER: 027-277-340 _-�� ; (2102 SUMMIT DRIVE) • r \ � IANDS OF BURUNGME SCHOOL g51NOT " mNui"a °� x g a I -t4GAAE SCHOOL w.wMeyn DOCUMENT!2010-liew C.R. 1/" w°uoww9 ! f A.H,yno ASSESSORS PARCEL NUMIER: 027-271-090 1 Y"ww YY.aii•w[ q SS DQC. NO.200 11!318 1 r (2220 SUMMIT DRIVE)- ✓a"" / ) �•-d' , ' \ \ 913¢M91ME-1O SMr MAlEO 99mT, RA AREA_3D1A51 1 o B G H SURVEYM INC. va 0 EXISTING BUILDING j > PRQPOSED AREA•901 2 sP. m REM40x}[41k wmPosa SSC w]9EAua9car rROF1391PW LAD OURVEtMO 901 Me11W[pE W. Ir is I I I®ncxsa+>~ lx aux9E9 PAOPOSEO LNf a'Ivl[v+Inl9[ t 2 °iFMtlem�ii- ° Q w¢N4pv}1N-13 a1N1.T0 m CESED UNE erMF£x LOrs 1 k 2 RQT 1 a a a Nex+a oNc wsnrrt-uAa-wna LL § AJ9 �`% - , , «e� �.l� §, l � , • ■@ !§ Ills y�� ■!!§ / f � |� j ' z Z � Z� 3 �§ � } � \ ` ) I � � � \ � ! � . � 1 , if I If - ! � ) � . f If \\ . \ ); CITY OF BURLINGAME PLANNING COMMISSION BURLINGAME APPROVED MINUTES Monday, July 14; 2014— 7:00 p.in. City Council Chambers—501 Primrose Road Burlingame, California 3. 2202 SUMMIT DRIVE AND 2220 SUMMIT DRIVE, ZONED R-1 —APPLICATION FOR TENTATIVE AND FINAL PARCEL MAP FOR A LOT SPLIT AT 2202 SUMMIT DRIVE;AND APPLICATION FOR LOT LINE ADJUSTMENT AT 2220 SUMMIT DRIVE AND 2202 SUMMIT DRIVE (WARREN DONALD,APPLICANT AND PROPERTY OWNER; BURLINGAME SCHOOL DISTRICT,APPLICANT AND PROPERTY OWNER; WAYNE HASS, B & H SURVEYING INC., LICENSED LAND SURVEYOR) (CONTINUED FROM THEJUNE 23, 2014 PLANNING COMMISSION MEETING) a. TENTATIVE AND FINAL PARCEL MAP FOR A LOT SPLIT OF PARCEL 23-C, KENMORE TERRACE SUBDIVISION—PM 13-01 AT 2202 SUMMIT DRIVE (APN 027-271-340)—PROJECT ENGINEER: VICTOR VOONG b. APPLICATION FOR LOT LINE ADJUSTMENT AT 2220 SUMMIT DRIVE(APN 027-271-090)AND 2202 SUMMIT DRIVE(APN 027-271-340), PM 13-01A—PROJECT ENGINEER:VICTOR VOONG Commissioner DeMartini noted that he had reviewed the recording of the prior discussion of this item. There were no ex-parte communications to report. All Commissioners had visited the property. Reference staff report dated July 14, 2014, with attachments. Civil Engineer Victor Voong presented the report, reviewed criteria and staff comments. Questions of staff: ■ None. Chair Bandrapalli opened the public hearing. Warren Donald represented the applicant. Commission comments: ■ None. Public comments: Susan Chilton, 2840 Canyon Road, spoke: ■ There are currently power lines that bisect the proposed lot split. Believes this must also be adjusted prior to the split approval. ■ Many of the neighbors feel that the best use of this small piece of property would be for parking for the school. Are asking for a postponement of a decision regarding this matter so that the School District can be consulted. Judy Iverson, resident of property immediately adjacent to the proposed site, spoke: ■ By creating a new lot and a new building, three driveways will merge into one where they meet. ■ The lot is below the standard size. 1 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 14, 2014 ■ Her property and the new property merge together within 30 feet of the school crosswalk. At that point four streets intersect. ■ It is possible that the school district will be required to alter its resolution to the traffic issue and may need this property. ■ Sewer and power easements will need to be repositioned to place a building on the narrow space. ■ There are many factors that must be reviewed before this is approved. ■ Take another look at the property to see how cramped and out of scale this project will be in the context of the soon to be congested intersection. Applicant's rebuttal: ■ Feels the property would still need to be subdivided if the school wished to acquire the property. ■ There is a conceptual design for the home provided in the report that shows it is buildable. ■ The easements will not need to be adjusted. ■ Have been working on the lot split for a long time. ■ Feels that development of the property will allow the drainage issues to be addressed. ■ Has spoken with Judy Iverson many times regarding the project. The lot is 6,000 square feet— it meets the City's criteria. ■ Has worked with the neighbors. There were no further comments and the public hearing was closed. Additional Commission Discussion: ■ Was previously moved by the need to provide parking for Hoover School. But has only requested the adjustment of the property line. ■ Clarified that there is only one house up in the canyon;there will only be one additional home added if the application is approved. ■ Will reduce loitering in the area. ■ Understands the concerns of the neighborhood, but are not approving a driveway location or another home at this point. Until a project is submitted cannot comment on these possibilities. ■ Cannot see a reason to deny the project. ■ The applicant makes a good point that the property cannot be a parking lot without the lot split. ■ If the lot is approved, is the Commission also approving construction of a new home? (Meeker—a separate application for design review would be required.) ■ Is interested in the drop-off design. Could be a safety concern, but only three homes are in the immediate vicinity. ■ Does the overhead line have any effect upon the design of improvements for the lot? (Voong—is primarily a service drop for the adjacent school; can be moved and are willing to do so.) ■ If the lot split is approved, is there a way to prevent a new home from being built? (Meeker—if the lot split is approved, the City cannot unduly restrict the ability to build a home on the lot in accordance with code.) ■ Can the two items be separated? (Voong—can be separated,though the applicant seeks approval together.) ■ If the lot split doesn't meet the needs of the applicant, then the applicant doesn't need to proceed. (Kane — the lot line adjustment approval can stop here, but the lot split requires City Council approval.) Commissioner Loftis moved to approve lot line adjustment as presented. The motion was seconded by Commissioner Yie. 2 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 14, 2014 Chair Bandrapalli called for a voice vote on the motion to approve. The motion passed 5-0-1-1 (Commissioner Terrones absent, Commissioner Sargent recused). Appeal procedures were advised. Commissioner Yie moved to recommend approval of the lot split to the City Council as presented. The motion was seconded by Commissioner Bandrapalli. Chair Bandrapalli called for a voice vote on the motion to recommend approval to the City Council. The motion passed 5-0-1-1 (Commissioner Terrones absent, Commissioner Sargent recused). This item concluded at 7:41 p.m. 3 BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME,CA 94010 BURLINGAME ' Staff Report Agenda Item ? Meeting Date To: Honorable Mayor and City Council Date: August 18, 2014 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Adoption of a Resolution Approving the Final Parcel and Condominium Map (PM 12-04) for Lot Combination and Re-subdivision of Lots 2 and 2A, Block 20, Town of Burlingame Subdivision at 904 Bayswater Avenue RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the Final Parcel and Condominium Map (PM 12-04) for Lot Combination and Re-subdivision of Lots 2 and 2A, Block 20, Town of Burlingame Subdivision, subject to the following conditions: 1. The Final Map shall show the widths of the right-of-way for Bayswater Avenue, Anita Road and Myrtle Road, including the centerlines of the right-of-way, bearings and distances of the centerlines and any existing monuments within the roadways; 2. All property corners shall be set and be shown on the Final Parcel Map; 3. All frontage sidewalk, driveway, curb and gutter shall be replaced with new; 4. All conditions of approval associated with the condominium permit shall be met (see attached); and 5. The conditions, covenants and restrictions for the map shall be approved by the City Attorney and conform to all approved conditions and City codes. BACKGROUND On July 23, 2012, the Planning Commission reviewed and approved the Tentative and Final Parcel and Condominium Map and recommended Council approval with the conditions listed above. The project is now substantially complete. Staff has reviewed the attached Map and recommends approval subject to the above conditions. FISCAL IMPACT: None Exhibits: 1. Resolution 2. Final Parcel and Condominium Map 3. July 23, 2012 Planning Commission Minutes 4. Conditions of Approval for Condominium Permit City of Burlingame Page 1 of 1 Printed on 8/11/2014 powers=d by Legis'*'w ., RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE FINAL PARCEL AND CONDOMINIUM MAP(PM 12-04)FOR LOT COMBINATION AND RE-SUBDIVISION OF LOTS 2 AND 2A,BLOCK 20, TOWN OF BURLINGAME SUBDIVISION AT 904 BAYSWATER AVENUE The City Council of the City of Burlingame does resolve as follows: WHEREAS, on July 23, 2012,the tentative and final parcel map and condominium map were approved by the Planning Commission;and WHEREAS,construction of the condominiums is substantially complete and ready for final approval. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL,AS FOLLOWS: 1. Directs staff to verify that all conditions of approval are met and arrange for the recording of the tentative and final parcel map and condominium map. Michael Brownrigg,Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 18th day of Au ust,2014,and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney,City Clerk 1 _._. _ .... ......... . "..... .:::.,..a,.. al.� - t .,:.i 'rv..v .:"..:.r .......v... r..a.. . ... .4..... ... M. ...... lY- _..vn.._Y \:1.. _. al 4N?ER'8 STATEMENT ffi>�CNflIFS AacNowLEaoE�neNT 6TA11B I THIS MAP WAS PREPARED BY ME OR TINDER MY DIRECTION AND IS BASED UPON A STATE OF CALIFORNIA FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP INTEREST IN AND TO THE REAL HEREBY STATE THAT WARE THE OWNERS OF OR HAVE SOME RIGHT, TILE, OR COUNTY OF ACT AND LOCAL ORDINANCE AT THE REQUEST OF BO THORENFELDT ON DECEMBER NEAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN 10, 2007. 1 HEREBY STATE THAT ALL THE MONUMENTS SHOWN HEREON ARE OF UPON THE HEREIN MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE SET IN SUCH NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; AND THAT WE CONSENTON BEFORE ME. POSITION ON OR BEFORE NOVEMBER 1, 2014. AND ARE OR WILL BE SUFFICIENT TO TO THE PREPARATION AND RECORDATION OF SAID MAP AND SUBDIVISION. ENABLE THE SURVEY TO BE RETRACED; AND THAT THIS FINAL MAP SUBSTANTIALLY A NOTARY PUBLIC. PERSONALLY APPEARED CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. AS OWNER: DATED' DANIEL G MAC EOD. LS. /5304 BO THORENFELOT WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSCN(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(;. OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS) ACTED, EXECUTED THE INSTRUMENT. Ne.moi I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA p AS BENEFICIA3Y: THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. 4 ` WITNESS MY HAND: CfTY ENOPEER'S STATEAENT `--i SHANGHAI COMMERCIAL BANK LTD s SIGNATURE I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS 1 SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND BY: _ BY:____—_---_—__ ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE CALIFORNIA NAME (TYPED OR PRINTED), NOTARY PUBLIC IN AND FOR SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF THE SAID COUNTY AND STATE. APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED PATH. APPROVAL WAS PRINCIPAL COUNTY OF BUSINESS: RECOMMENDED BY THE PLANNING COMMISSICN ON S COMMISSION EXPIRES: OWNER'S ACKNOWLEDGEMENT COMMISSION 9 OF NOTARY: DATED: ART MORIMOTO R.C.E. /42634 ASSISTANT DIRECTOR OF PUBLIC WORKS STATE OF CALFORNIA COUNTY OF _.__— _ CRYBUNYEYOFfSSTAlEl1811T ON BEFORE ME, PERSONALLY APPEARED I HAVE EXAMINED THIS MAP ON BEHALF OF THE CITY OF BURLINGAME AND I AM COUNTY RECOFEERS STATEMENT SATISFIED THAT IT IS TECHNICALLY CORRECT. FILED FOR RECORD THIS ---DAY OF 2014, AT M. IN VOLUME _—__ OF SUBDIVISION MAPS AT PAGES WHO PROVED TO ME ON THE BASS OF SA71SFACMRY EVIDENCE TO BE THE PERSON(S) DATED;___ AT THE REQUEST OF MACLEOD AND ASSOCIATES, INC. WHOSE NAME S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED FREDERICK TSERERLS 6218 TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THDT. ,R AUTHORIZED FILE NO. FEE CAPACITY IES). AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE ACTING CITY SURVEYOR, CITY OF BURLINGAME PERSON(S', OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. MARK CHURCH. COUNTY RECORDER I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA CRY CLEWS STAT9@R I THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. BY•___ j WITNESS MY HAND: I, MARY ELLEN KEARNY, CLERK OF THE CITY OF BURLINGAME. STATE OF DEPUTY CALIFORNIA, HEREBY STATE THAT THE CITY COUNCIL OF SAID CITY SIGNATURE APPROVED THE WITHIN MAP ON t NAME (TYPED OR PRINTED). NOTARY PUBLIC N AND FOR SAID COUNTY AND STATE. PRINCIPAL COUNTY OF BUSINESS DATED:_ COMMISSION EXPIRES: MANY ELLEN KEARNY CITY CLERK 904 BAYSWATER COMMISSION /OF NOTARY. CITY OF BURLINGAME. CALIFORNIA A CONDOMINIUM PROJECT BEING A LOT MERGER AND SUBSEQUENT SUBDIVISION OF LOTS 2 AND 20, II, BLOCK 20, AS SHOWN ON THAT CERTAIN MAP ENTITLED, 'LYON AND HOAG I; SUBDIVISION OF THE TOWN OF BURLINGAME'. FILED IN VOLUME 4 OF MAPS A SOLS REPORT FOR THIS SUBDIVISION WAS PREPARED BY POSOILS. INC.. AT PAGE 26. OFFICIAL RECORDS OF SAN MATEO COUNTY DATED AUGUST 15, 2012. A COPY OF THE REPORT IS ON FILE WITH THE CITY OF BURLINGAME BUILDING DEPARTMENT. CITY OF BURLINGAME SAN MATEO COUNTY CALIFORNIA ----------------------------------------------------- JUNE ---______—_ _____________ _________JUNE 2014 N&IcLEODD AND DD GA SSOCOMIMS CIVIL ENGINEERING • LAND SURVEYING 965 CENTER STREET • SAN CARLOS CA • 94070 • (650) 593-8580 J= 00-47 SHEET 1 OF 2 STRADDLERS AT MANHOLE PER 30 LLS 36 WERE SEARtl1ED FOU119 S/!'IRON PFE NAIL h TAG PER 20 US 29 FOR ANO NOT FOUND W/PLAS'TC PLUG k TALC, AND CUT GROSS ON 4AMIOl!IF.RIM PER 0 20 LLS 20 PER SEARGYD FOR AND NOTE (CENTEAUNE—ESTABLISHED BY SPLIT Hf CURBS) i BASS OF BEARINGS ANITA ROAD R ..... m N 413CT00'W 625.09' (60'—R/W) �� 335.13' _ _ 154.97 13S.0or L� 235.06' 100.07' _a R ,ejx^• YYY��i A FC _ R.�w5'2}(_ R Py{( B 417D'00 E 65607'(36600 1 6 355.03 S 22A' 22.9' � 1 4b6.OB 155. 1 I- - 700.01'(100.00 1 D6 Tab $X 3s� i• • l s � 35 n ��z Qh� x N �2 m <f LOT 1 ]t $ ` s 10.002 f S.F. `s $ OTS io a it LOTS 4-e �a �" -$ BLOCK 24 BLOCK 20 S'$ - 4 MAPS 26 N 1• .�- o� .I. I <rc•• 8 3 454.96' 465. 1 99.09'(f00.0D ; — -1yI I S 4130'Z6"E 534.96 663.00 __ �1 Y . o - tc m DISTINCTIVE BORDER PROPERTY UNE .S w O SET 3/4"IRON PIPE W/PLASTIC PLUG FF h TACK,"LS 5304" Ip LOTS 1 2...22 �` W 35 (1) RECORD DATA PER 4 MAPS 26 i BLOCK 20 (2) RECORD DATA PER 20 LLS 28 (3) RECORD DATA PER 63 PM 10-11 (4) RECORD DATA PER 117 MAPS 92-95 35• J5' CENTERLINE FC S 413(1'33'E U_ fE_ 5 EES E S 41RB_N•Q(3) — — —_t— (CRIIERUIff—L3TABUSHED BY SPOT OF GRD jMYRTLE ROAD UFIG (60'—R/N) miC i 904 BAYSWATER A CONDOMINIUM PROJECT BEINGA LOT MERGER AND SUBSEQUENT SUBDIVISION OF LOTS 2 AND 2A, 8LO'K 20,AS SHOWN ON THAT CERTAIN MAP ENTITLED."LYON AND HOAG SUBDIVISION OF THE TOWN OF BURUNGAME",FILED IN VOLUME 4 OF MAPS AT PACE 26.OFFICIAL RECORDS OF SAN MATEO COUNTY BAW CIC CITY OF BURUNCAME SAN MATED COUNTY CALIFORNIA GRAPHIC SCALE THE BEARING,NORTH 41'3000'WEST,TAKEN ON THE CENTERLINE OF ANITA ROAD AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR SCALE 1'=10 JUNE 2014 ! RE IN VOLUME 63 OF PARCEL MAPS AT PAGES 10-11,ON C� OCTOBER 13,1989,IN THE OFFICE OF THE RECORDER OF SAN MATED �����®D AND Qe�'V�C�OQ u C � (N�,I COUNTY,WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY. CIVIL ENGINEERING • LAND SURVEYING 965 CENTER STREET• SAN CARLOS CA • 94070 "(550)593-8580 _ JOB 0202207 SHEET 9 OF 2 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 23, 2012 i; VIII. REGULAR ACTION ITEMS 2. 904 BAYSWATER AVENUE AND 101 ANITA ROAD, ZONED R-3 — APPLICATION FOR A NEW TWO-STORY, SIX-UNIT RESIDENTIAL CONDOMINIUM WITH PARTIALLY BELOW-GRADE PARKING (BO THORENFELDT, APPLICANT AND PROPERTY OWNER; JAIME RAPADAS, AIR DESIGN GROUP, DESIGNER) STAFF CONTACT: RUBEN HURIN i a. CONDOMINIUM PERMIT b. TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION Reference staff report dated July 23, 2012, with attachments. Senior Planner Hurin presented the report, reviewed criteria and staff comments. Thirty-seven (37) conditions were suggested for consideration. Questions of staff: I ■ None. Chair Gaul opened the public hearing. Jaime Rapadas, 801 Mahler Road; represented the applicant. Commission comments: ■ The project is vastly improved, particularly the front stoops and ground-floor entries. ■ Feels the stucco and plaster columns look a bit odd with other wood finishing materials — were wood-clad posts considered? (Rapadas — was meant to provide the columns with a bit of a face-lift. Will review and consider replacing with wood.) ■ Noted the letter from Jennifer Pfaff commenting on the arched windows over the double-hung windows. Feels that the arched window on the right side looks odd without a window below. (Rapadas — agrees with Pfaff; her comments are appropriate for the right elevation. Will consider installing a small window below.) ■ Looking at the building section on Sheet A-5; consider cladding the element at the end with a wood column or pilaster rather than shingle details. ■ Applauded lowering the roofline and placing the parking below grade. ■ Where are the electrical meters located? Water meters? (Rapadas — are located along the Bayswater side of the property.) j ■ Commented on the trash bins and the proposed location for the recycling.bins. Concerned about the adequacy of the area. (Rapadas—there is space to add more bins in the alley.) ■ On Sheet A-3, right-side elevation, what is the 19 typical" comment on the plans? (Rapadas — is a wooden gate to provide access to accessible unit parking area.) • The attic vent identification is lacking. (Rapadas — there will be curved roofing over the vents. Will be made of aluminum or wood.) Would prefer wood vents. ■ Commented on the railing detail — nice design, but haven't indicated dimensional details for the railing. (Rapadas —will provide detail and will consider wood rails.) ■ Given the scale of the project, it may be better to use wrought-iron railing materials. Provide details. ■ With respect to the gate at the accessible unit — feels like the gate narrows the opening, is it necessary? (Rapadas —will consider removing the gate.) 3 i CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 23, 2092 ■ Double-check the opening between the columns at the accessible unit to ensure that adequate space exists. Public comments: Abram Taylor, 904 Bayswater Avenue and Julie Baird, 908 Bayswater Avenue; spoke: • Lives in one of the efficiency units in the building; there are actually more people living on the property than represented in the staff report. ■ A lot of attention has been paid to the materials for the project; not much has been said about the tenants and the affordability of the new units. ■ Consider the tenants who live in the units currently — he has lived at the location for ten years. Other tenants don't feel that they have an effective voice in the matter. • The tenants appreciate being able to live at the location. • With respect to the compatibility of the neighborhood; suggested looking to the Anita Road design character for design influence. ■ Referenced Burlingame Downtown Specific Plan policy (5.4.1) encouraging buffers between land-uses—referenced a diagram in the plan (5-36) showing how this could be addressed. ■ Questioned the CEQA exemption for the project as an in-fill development; there is a lot of asbestos and some underground heating oil tanks — does this impact the CEQA analysis? Asked that these factors be considered during demolition. ■ Was the historical significance of the building addressed? ■ The displacement of the existing tenants is something to think about. There were no further comments and the public hearing was closed. Additional Commission/Staff comments: ■ Noted that remediation of asbestos and other materials during demolition will be addressed by BAAQMD as part of the Building Division's review. ■ Would like to see the landscaping revisited along the common boundary with 908 Bayswater Avenue side and possibly along the Anita Road side (though not necessarily as critical when adjacent to a multi-family structure). ■ The only disappointment is the lack of an increase in the number of housing units on the property. Could the affordable unit be made into two efficiency units? (Meeker— cannot revise the number of units during the review process.) Commissioner Terrones moved to approve the application for design review, by resolution, with the following amended conditions: I 1, that the project shall be built as shown on the plans submitted to the Planning Department date stamped September 30, 2010, sheets A-0 through A-7 and L-1 through L-3, and Vesting Tentative Parcel Map; Z that the landscape plan revisions adjacent to 908 Bayswater Avenue, revisions to the arched windows, porch railing details, finishing of the columns on the porches, the cedar gate detail and the vent details shall be submitted for approval by the Planning Commission as an FYI in advance of issuance of a Building Permit; I 3. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on 4 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 23, 2092 site; 4. that the property owner shall be responsible for implementing and maintaining all tree protection measures throughout construction for all existing trees to remain; 5. that this proposal shall comply with all the requirements of the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application; 6. that the maximum elevation at the top of the roof ridge shall not exceed elevation 61.35' as measured from the average elevation at the top of the curb along Bayswater Avenue (26.78') for a maximum height of 34'-7", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The garage floor finished floor elevation shall be elevation 28.04'; second floor finished floor shall be elevation 36.33'; third floor finished floor shall be elevation 45.83'. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 7. that any changes to the size or envelope of the building, which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch, shall be subject to Planning Commission review; i 8. that the conditions of the Chief Building Official's June 11 and August 11, 2010 memos; the Fire Marshal's June 14 and August 9, 2010 memos; the City Engineer's July 12 and August 13, 2010 memos; the Parks Supervisor's June 11 and August 5, 2010 memos; and the NPDES Coordinator's June 9, 2010 memo shall be met; 9. that storage of construction materials and equipment on the street or in the public right-of-way shall be prohibited; 10. that the 'guest parking stall' shall be marked on the guest parking space and designated on the final map and plans, this stall shall not be assigned to any unit, but shall be owned and maintained by the condominium association, and the guest stall shall always be accessible for parking and not be separately enclosed or used for resident storage; 11. that the Covenants Conditions and Restrictions (CC&Rs) for the condominium project shall require that the guest parking stall shall be reserved for guests only and shall not be used by condominium residents; 12. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 13. that the developer shall provide to the initial purchaser of each unit and to the board of directors of the condominium association, an owner purchaser manual which shall contain the name and address of all contractors who performed work on the project, copies of all warranties or guarantees of appliances and fixtures and the estimated life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area carpets, drapes and furniture; 5 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 23, 2012 d 14, that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside the required parking and landscaping and in conformance with zoning and California Building and Fire Code requirements before a building permit is issued; 15. that the security gate system shall include an intercom system connected to each dwelling which allows residents to communicate with guests and to provide guest access to the parking area by pushing a button inside their units; 16. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 17. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 18. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height; 19. that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; 20. that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain system; the plan shall include a site plan showing the property lines, existing and proposed topography and slope; areas to be disturbed, locations of cut/fill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or sensitive areas on-site or immediately downstream of a project; and designated construction access routes, staging areas and washout areas; 21. that methods and procedures such as sediment basins or traps, silt fences, straw bale dikes, storm drain inlet protection such as soil blanket or mats, and covers for soil stock piles to I stabilize denuded areas shall be installed to maintain temporary erosion controls and sediment control continuously until permanent erosion controls have been established; 22. that construction access routes shall be limited in order to prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; 23. that if construction is done during the wet season (October 15 through April 15), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 24. that common landscape areas shall be designed to reduce excess irrigation run-off, promote surface filtration and minimize the use of fertilizers, herbicides and pesticides,- 25. esticides;25. that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be diverted from these areas, a self-contained drainage system shall be provided that discharges to an interceptor; 6 i CITY OF BURLINGAME PLANNING COMMISSION--Approved Minutes July 23, 2012 r 26. that this project shall comply with Ordinance 1845, the City of Burlingame Water Conservation in Landscaping Regulations, and complete landscape and irrigation plans shall be provided at the time of building permit application; 27. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering; i 28. that all new utility connections to serve the site, and which are affected by the development, shall be installed to meet current code standards and local capacities of the collection and distribution systems shall be increased at the developer's expense if necessary; 29. that all utilities to this site shall be installed underground. Any transformers needed for this site shall be installed underground or behind the front setback on this site; 30, that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; i 31. that all abandoned utilities and hookups shall be removed; 32, that all drainage (including water from the below grade parking garage) on site shall be required to be collected and pumped to Bayswater Avenue; 33, that demolition of the existing structures and any grading or earth moving on the site shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 34, that the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central station prior to the final inspection for building permit; 35. that all construction shall abide by the construction hours established in the Municipal Code; 36. that the applicant shall comply with Ordinance 1645, the City of Burlingame Recycling and Waste Reduction Ordinance, and shall submit a waste reduction plan and recycling deposit for demolition and new construction, before receiving a demolition permit; 37. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; and 38. that the project shall be required to comply with all the standards of the California Building and Fire Codes, in effect at time of building permit issuance, as amended by the City of Burlingame. i The motion was seconded by Commissioner Yie. i Discussion of motion: ■ None. Chair Gaul called for a voice vote on the motion to approve the condominium permit application. The motion passed 5-0-2-0 (Commissioners Cauchi and Vistica absent). Commissioner Yie moved to recommend approval of the Tentative Condominium Map and Tentative and Final Parcel Map for Lot Combination to the City Council i i 7 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes July 23, 2012 The motion was seconded by Commissioner Sargent. Discussion of motion: ■ None. Chair Gaul called for a voice vote on the motion to approve. The motion passed 5-0-2-0 (Commissioners Cauchi and Vistica absent), Appeal procedures were advised. This item concluded at 7:40 p.m. i i I 8 i CITY OF BURLINGAME COMMUNITY DEVELOPMENT DEPARTMENT BURLINGA r: Planning Division City Hall—501 Primrose Road PH: (650)558 7250 Burlingame, California 94010-3997 FAX: 650) 58-72 90 I August 9, 2012 I Bo Thorenfeldt 885 Hillsborough Boulevard Hillsborough, CA 94010 Re: 904 Bayswater Avenue and 101 Anita Road —Six Unit Residential Condominium i I Dear Mr. Thorenfeldt, Since there was no appeal to or suspension by the City Council, the July 23, 2012, Planning Commission approval of your application for Condominium Permit became effective August 2, 2012. This application was to allow for construction of a new, two-story, six-unit residential condominium building with below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3. The July 23, 2012 minutes of the Planning Commission state your application was approved with the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped September 30, 2010, sheets A-0 through A-7 and L-1 through L-3, and Vesting Tentative Parcel Map; 2. that the landscape plan revisions adjacent to 908 Bayswater Avenue, revisions to the arched windows, porch railing details, finishing of the columns on the porches, the cedar gate detail and the vent details shall be submitted for approval by the Planning Commission as an FYI in advance of issuance of a Building Permit; 3. that during construction, the applicant shall provide fencing (with a fabric screen or mesh) around the project site to ensure that all construction equipment, materials and debris is kept on site; 4. that the property owner shall be responsible for implementing and maintaining all tree protection measures throughout construction for all existing trees to remain; 5. that this proposal shall comply with all the requirements of the Tree Protection and Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by the Parks Department; complete landscape and irrigation plans shall be submitted at the time of building permit application; 6. that the maximum elevation at the top of the roof ridge shall not exceed elevation 61.35' as measured from the average elevation at the top of the curb along Bayswater Avenue (26.78') for a maximum height of 34'-7", and that the top of each floor and final roof ridge shall be N Register online to receive City of Burlingame e-mail updates at www.burlingame.org :: August 9,2012 904 Bayswater Avenue and 101 Anita Road Page 2 surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. The garage floor finished floor elevation shall be elevation 28.04'; second floor finished floor shall be elevation 36.33';third floor finished floor shall be elevation 45.83'. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the maximum height shown on the approved plans; 7. that any changes to the size or envelope of the building,which would include expanding the footprint or floor area of the structure, replacing or relocating windows or changing the roof height or pitch,shall be subject to Planning Commission review; 8. that the conditions of the Chief Building Official's June 11 and August 11,2010 memos;the Fire Marshal's June 14 and August 9,2010 memos;the City Engineer's July 12 and August 13, 2010 memos; the Parks Supervisor's June 11 and August 5, 2010 memos; and the NPDES Coordinator's June 9,2010 memo shall be met; 9. that storage of construction materials and equipment on the street or in the public right-of- way shall be prohibited; 10. that the'guest parking stall'shall be marked on the guest parking space and designated on the final map and plans,this stall shall not be assigned to any unit,but shall be owned and maintained by the condominium association, and the guest stall shall always be accessible for parking and not be separately enclosed or used for resident storage; 11. that the Covenants Conditions and Restrictions(CC&Rs)for the condominium project shall require that the guest parking stall shall be reserved for guests only and shall not be used by condominium residents; 12. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 13. that the developer shall provide to the initial purchaser of each unit and to the board of directors of the condominium association, an owner purchaser manual which shall contain the name and address of all contractors who performed work on the project, copies of all warranties or guarantees of appliances and fixtures and the estimated life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area carpets,drapes and furniture; 14. that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside the required parking and landscaping and in conformance with zoning and California Building and Fire Code requirements before a building permit is issued; 15. that the security gate system shall include an intercom system connected to each dwelling which allows residents to communicate with guests and to provide guest access to the parking area by pushing a button inside their units; ::Register online to receive City of Burlingame e-mail updates at www.burlingame.org�: August 9, 2012 904 Bayswater Avenue and 101 Anita Road Page 3 16. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 17. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 18. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height; 19. that all runoff created during construction and future discharge from the site shall be required to meet National Pollution Discharge Elimination System (NPDES) standards; 20. that the applicant shall submit an erosion and sedimentation control plan describing BMPs (Best Management Practices) to be used to prevent soil, dirt and debris from entering the storm drain system; the plan shall include a site plan showing the property lines, existing and proposed topography and slope; areas to be disturbed, locations of cut/fill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourse or sensitive areas on-site or immediately downstream of a project; and designated construction access routes, staging areas and washout areas; 21 . that methods and procedures such as sediment basins or traps, silt fences, straw bale dikes, storm drain inlet protection such as soil blanket or mats, and covers for soil stock piles to stabilize denuded areas shall be installed to maintain temporary erosion controls and sediment control continuously until permanent erosion controls have been established; 22. that construction access routes shall be limited in order to prevent the tracking of dirt onto the public right-of-way, clean off-site paved areas and sidewalks using dry sweeping methods; 23. that if construction is done during the wet season (October 15 through April 15), that prior to October 15 the developer shall implement a winterization program to minimize the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all soil erosion and sediment control prior to, during, and immediately after each storm even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored construction materials, fuels and other chemicals; 24. that common landscape areas shall be designed to reduce excess irrigation run-off, promote surface filtration and minimize the use of fertilizers, herbicides and pesticides; 25. that trash enclosures and dumpster areas shall be covered and protected from roof and surface drainage and that if water cannot be diverted from these areas, a self-contained drainage system shall be provided that discharges to an interceptor; " Register online to receive City of Burlingame e-mail updates at www.burlingame.org ;f: August 9,2012 904 Bayswater Avenue and 101 Anita Road Page 4 26. that this project shall comply with Ordinance 1845, the City of Burlingame Water Conservation in Landscaping Regulations,and complete landscape and irrigation plans shall be provided at the time of building permit application; 27. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All catch basins shall be protected during construction to prevent debris from entering; 28. that all new utility connections to serve the site,and which are affected by the development, shall be installed to meet current code standards and local capacities of the collection and distribution systems shall be increased at the developers expense if necessary; 29. that all utilities to this site shall be installed underground. Any transformers needed for this site shall be installed underground or behind the front setback on this site; 30. that sewer laterals from the site to the public sewer main shall be checked and shall be replaced to city standards as required by the development; 31. that all abandoned utilities and hookups shall be removed; 32. that all drainage (including water from the below grade parking garage) on site shall be required to be collected and pumped to Bayswater Avenue; 33. that demolition of the existing structures and any grading or earth moving on the site shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 34. that the applicant shall install fire sprinklers and a fire alarm system monitored by an approved central station prior to the final inspection for building permit; 35. that all construction shall abide by the construction hours established in the Municipal Code; 36. that the applicant shall comply with Ordinance 1645, the City of Burlingame Recycling and Waste Reduction Ordinance, and shall submit a waste reduction plan and recycling deposit for demolition and new construction,before receiving a demolition permit; 37. that this project shall comply with Ordinance No.1477,Exterior Illumination Ordinance;and 38. that the project shall be required to comply with all the standards of the California Building and Fire Codes, in effect at time of building permit issuance, as amended by the City of Burlingame. All site improvements and construction work will require separate application to the Building Department. This approval is valid for two years during which time a building permit must be issued. Generally, an extension of up to three years may be considered by the Planning Commission if application is made before the end of the second year, in accordance with the provisions of the Subdivision Map Act for a Tentative Map. ::Register online to receive City of Burlingame e-mail updates at www.burlingame.org:: August 9, 2012 904 Bayswater Avenue and 101 Anita Road Page 5 The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely, Z William Meeker Community Development Director c. Jaime Rapadas, architect A/R Design Group 801 Mahler Road, Suite 106 Burlingame, CA 94010 Chief Deputy Valuation, Assessor's Office (904 BAYSWATER AVENUE: LOT 2 BLOCK 20 LYON & HOAG SUB TOWN OF BURLINGAME RSM B/20 CITY OF BURLINGAME; 101 ANITA ROAD: LOT 2A BLOCK 20 LYON & HOAG SUB TOWN OF BURLINGAME RSM B/20 CITY OF BURLINGAME APN: 029-235-140 & -150) Chief Building Official, Community Development Department/Building Division i File I,. :® Register online to receive City of Burlingame e-mail updates at www.burlingame.org gE Project Comments Date: April 24, 2012 To: 0 City Engineer 0 Recycling Specialist (650) 558-7230 (650) 558-7271 X Chief Building Official 0 Fire Marshal (650) 558-7260 (650) 558-7600 0 Parks Supervisor 0 NPDES Coordinator (650) 558-7254 (650) 342-3727 0 City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: No further comments. All conditions of approval as stated in all previous reviews of this version of the project will apply to this project. Reviewed b�: Date:4-27-2012 �r V i Date: February 22, 2012 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 X Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ Parks Supervisor ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: Conditions based on reconfiguration of the basement floor plan and installation of an elevator to the garage: &rovide a revised basement floor plan that shows the two required exits are at least 1/3 the diagonal distance apart. 2010 CBC 1015.2 22. Provide floor plans and interior elevations for the required emergency generator based on the use of the elevator as part of the accessible means of egress. 2010 CBC 1007.4 94 Indicate on the plans that the garden will be accessible and usable by a person with disabled needs. 2010 CBC 1127A.1 All other conditions based on previous reviews of this project will apply to this project. NOTE: A written response to the items noted here and plans that specifically address items 1, 2, and 3 must be re-submitted before this project can move forward for Planning Commission action. Reviewed by: Date:2-27-2012 Date: January 26, 2012 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 X Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ Parks Supervisor ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: Provide two 8-1/2" x 11" copies of the GreenPoints Checklist with the construction drawings submitted for Building Code compliance plan check. All conditions of approval as stated in all previous reviews of this project will apply to this project. ReviewedIOL i Date: 1-27-2012 i Date: December 15, 2011 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 X Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ Parks Supervisor ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: 1) On the plans specify that this project will comply with the 2010 California Building Code, 2010 California Residential Code (where applicable), 2010 California Mechanical Code, 2010 California Electrical Code, and 2010 California Plumbing Code, including all amendments as adopted in Ordinance 1856-2010. Note: If the Planning Commission has approved the project prior to 5:00 p.m. on December 31, 2010 then the building permit application for that project may use the provisions found in the 2007 California Building Codes including all amendments as adopted in Ordinance 1813. With your re-submittal provide documentation (GreenPoints checklist, LEED checklist, or other) , as described below, which shows that this project will comply with the City of Burlingame Green-Building-Ordinance ote: Compliance with the City of Burlingame Green Building Ordinance is required unless specific land use provisions for the project are approved by the Planning Commission prior to 5:00 p.m. on December 31, 2010. "A permit applicant is required to submit a completed checklist of the proposed compliance measures for the project at the initial submittal to the Planning Division for projects requiring Planning Commission approval. If Planning Commission approval is not required prior to Building Code plan check, then an applicant must submit a completed checklist of the proposed compliance measures directly to the Building Division at the time of the initial Building Code plan check submittal. A GreenPoint Rated checklist, or equivalent, with a minimum of fifty (50) points shall be accepted as one method of meeting compliance with this ordinance.Applicants are encouraged,but not required,to meet with City staff prior to any application submittal to review the green building program and details to achieve compliance with this ordinance. The means by which compliance measures are achieved shall be by Build It Green"GreenPoints",LEEDO,Energy Efficiency Standards,other recognized point systems,or equivalent approved methods. LEEDO projects must verify that they exceed the 2008 Energy Efficiency Standards by 15%(Title 24,Part 6.) Compliance measures shall be approved by the Chief Building Official prior to issuance of a building permit. Projects must show verification of energy savings which exceed the 2008 Building Energy Efficiency Standards(Title 24,Part 6)of the California Building Code by 15%. Projects using the performance approach may use an Alternative Calculation Method(ACM)approved by the California Energy Commission to show verification of the required energy savings of 15%by comparison of the proposed building to the Title 24 standard or"budget'building." Green Building information can be found on the City of Burlingame website in the Green Building tab of the Building Division page at: http7f/www.budin.game.org/index.aspx?paqe=l 203 On the plans provide a copy of the GreenPoints checklist for this project at full scale. 4) Specify on the plans that this project will comply with the 2008 California Energy Efficiency Standards. Go to hftp://www.energy.ca.gov/tifle24/2008stgndards/ for publications and details. 5) Place the following information on the first page of the plans: "Construction Hours" Weekdays:7:00 a.m.—7:00 p.m. Saturdays:9:00 a.m.—6:00 p.m. Sundays and Holidays:10:00 a.m.—6:00 p.m. (See City of Burlingame Municipal Code,Section 13.04.100 for details.) 6) On the first page of the plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans may require further City approvals including review by the Planning - Commission."The building owner,project designer,and/or contractor must---. - submit a Revision to the City for any work not graphically illustrated on the Job Copy of the plans prior to performing the work. 7) Anyone who is doing business in the City must have a current City of Burlingame business license. 8) Provide fully dimensioned plans. 9) Provide a fully dimensioned site plan which shows the true property boundaries, the location of all structures on the property,existing driveways,and on-site parking. 10)When you submit your plans to the Building Division for plan review provide a completed Supplemental Demolition Permit Application.(VOTE:The Demolition Permit will not be issued until a Building Permit is issued for the project. 11 )Show the distances from all exterior walls to property lines or to assumed property lines 12)Show the dimensions to adjacent structures. 13)Obtain a survey of the property lines. 6i�F)Rooms that can be used for sleeping purposes must have at least one window or door that complies with the egress requirements. Specify the size and location of all required egress windows on the elevation drawings. Qndicate on the plans that, at the time of Building Permit application, plans and engineering will be submitted for shoring as required by 2010 CBC, Chapter 31 regarding the protection of adjacent property and as required by OSHA. On the plans, indicate that the following will be addressed: a. The walls of the proposed basement shall be properly shored, prior to construction activity. This excavation may need temporary shoring. A competent contractor shall be consulted for recommendations and design of shoring scheme for the excavation. The recommended design type of shoring shall be approved by the engineer of record or soils engineer prior to usage. b. All appropriate guidelines of OSHA shall be incorporated into the shoring design by the contractor. Where space permits, temporary construction slopes may be utilized in lieu of shoring. Maximum allowable vertical cut for the subject project will be five (5) feet. Beyond that horizontal benches of 5 feet wide will be required. Temporary shores shall not exceed 1 to 1 (horizontal to vertical). In some areas due to high moisture content / water table, flatter slopes will be required which will be recommended by the soils engineer in the field. c. If shoring is required, specify on the plans who's sole responsibility it is to design and provide adequate shoring, bracing, formwork, etc. as required for the protection of life and property during construction of the building. d. Shoring and bracing shall remain in place until floors, roof, and wall sheathing have been entirely constructed. e. Shoring plans shall be wet-stamped and signed by the engineer-of-record and submitted to the city for .review prior to construction. If applicable, include surcharge loads from adjacent structures that are within the zone of influence (45 degree wedge up the slope from the base of the retaining wall) and / or driveway surcharge loads. _01ndicate on the plans that an OSHA permit will be obtained for the shoring* at the excavation in the basement per CAL / OSHA requirements. See the Cal / OSHA handbook at: http://www.ca-osha,com/pdfpubs/osha userguide.pdf * Construction Safety Orders : Chapter 4, Subchapter 4, Article 6 , Section 1541 .1 . 17)lndicate on the plans that a Grading Permit, if required, will be obtained from the Department of Public Works. 18)Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable lot coverage. Consult the Planning Department for details if your project entails landings more than 30" in height. 19)Provide handrails at all stairs where there are four or more risers. 20)Provide lighting at all exterior landings. Provide section details that show the finished headroom height in the garage. Indicate that any overhead projection in any accessible path in the garage will be at least 8"2" above the walking surface. (4C2)Provide a second exit in the garage per 2010 CBC 1021.1.2. Cfhe second exit required exit in the garage must be accessible per 2010 CBC 1007.1. C14)Amend the length of the intermediate ramps to 72" of run, in the downward direction, per 2010 CBC 1114A.4.6 (25�Amend the width of all ramps to 48" between handrails per 2010 CBC 1114A.1 ,D)Indicate that access to the lawn area will be accomplished by a code-compliant ramp. 2�Indicate that access to the Common Terrace will be accomplished by a code- compliant ramp. Vii%Remove all references to the term "Handicap" and replace those references with the terms "Disabled" or "Disabled Access." )Show the location of the Garbage Bins and indicate on the plans that the area that the Garbage Bins are stored will be accessible. NOTE: A written response to the items noted here and plans that specifically address items 2, 3, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, and 29 must be re- submitted before this project can move forward for Planning Commission action. Reviewe Date: 12-21-2011 i' Project Comments i Date: April 24, 2012 i I To: 0 City Engineer 0 Recycling Specialist I (650) 558-7230 (650) 558-7271 0 Chief Building Official 0 Fire Marshal (650) 558-7260 (650)'55&-7600 X Parks Supervisor 0 NPDES Coordinator (650) 558-7254 (650) 342-3-727 0 City Attorney from: Planning Staff Subject: Request for-Condominium Permit for construction of a new two-story, six-unit residential condominium with .partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 &029-235-160 Staff Review: 1. Tree protection needs to be included on plans to protect City Street tree on Bayswater. 2. Tree Work Plan (attached) allows removal of existing 6" City street tree on Bayswater and Magnolia on Anita; also indicates replacement with 7 15gal Gingko's as per approved landscape plan. Reviewed by: B Disco Date: 518112 City of Burlingame - Parks & Recreation Dept. �kfWr� 850 Burlingame Ave.,Burlingame, CA 94010 '' BURLINGAME phone: (650) 558-7300 • fax: (650) 696-7216 recreation@burlingame_org 6 SOLO, TREE WORK PLAN LOCATION OF-WO NAME OF APPLI ANTJAGENCY �& R / . L G _ ADDRESS O + APPLICANT EXP ON DATE A separate plan is needed for each tree.For groups of trees of the same species with similar needs, one plan will suffice Tree Species: `Ayi(r,-) teems OVL AY04t� Pt-nw&wg Objectives: O- Improve Structural Strength and Reduce Failure Potential C-Improve Aesthetics 'O Provide Clearance for Pedestrians,Vehicles and Structures C7 Repair Damage D Improve Safety for People and Property D Reduce Maintenance O Line Clearance 'I7ype of Work: O Remove O Plant O Thin D Reduce O Clean D Raise O Restore O Stump Removal Remove for building project (Contact USA prior to sump removal) Description of Work: (Please us back of form for additional comments) ` 40t Ule r C/ A Not morl than 25°0 of the crown shall be rem ved within an annual growing season. In cases where more than 25%of the crown needs to be removed, such as to reduce the potential for structural failure, aqual fed arborist shall make an assessment of the amount of pruning needed to abate the hazard.All tree removals shall be made at least 19"below adjacent curb elevation. This permit allows the applicant to remove or prune the above listed trees) in accordance with the provisions of the Urban Forest Management Plan. By signing this permit,the applicant agrees to comply with all conditions listed. Permission is hereby granted to perform the above work. All work shall be performed in the manner specified by the Parks Division. The City shall not be made liable for the acts of private persons or their contractors upon city streets or public places by virtue of this permit.Contact the Parks office at 650-558- 73310 when work is completed. PERMITTEE (.YYY ARISO IST Ala 40 i i Project Comments Date: June 30, 2011 I To: 0 City Engineer 0 Recycling Specialist (650) 558-7230 (650) 558-7271 0 Chief Building Official 0 Fire Marshal L (650) 558-7260 (650) 558-7600 X Parks Supervisor 0 NPDES Coordinator (650) 558-7254 (650) 342-3727 0 City Attorney i From: Planning Staff Subject: Request for Condominium Permit for construction of a new three- story, six-unit residential condominium at 904 Bayswater Avenue, zoned R-3, APN: 029-235-140 & 029-235-150 I Staff Review: Existing street tree on Bayswater is a Gingko not a Sycamore. plea5c mvisR. z Arborist report needed to provide tree protection around City owned Gingko on Bayswater during demolition and construction. Include root protection during excavation and placement of new driveway. 3. No fee permit required for removal and planting of street trees on Anita j I ORemove remaining existing magnolia on Anita and replace with Gingko. Ac U�nal�o kit ten (E) SSLO 0,,8 rear frOPc,,41 line . Include plant list on Landscape plan. 6. Identify controller, irrigation lines etc on Irrigation Plan V, s�Yce+ -y(e_ aloes' 8ck� 4NC, he re►v.ovtJ v'efIp,t,e,.J wi4k a I5- "dalton Urn, to t{wlPn e rC Jr r- (J✓lLleL )A i Reviewed by: B Disco Date: 7/11/11 I i I OUTDOOR WATER USE EFFICIENCY CHECKLIST � : 9 d ' e a g e e ,c ify fat th � project m is the 7'fied requirements of the at r e tin in Landscaping Ordinance, %gWture Date . 7777 -c. r� --,F,,.t •js�cS,-i.-.'_ sFi ?v'ltgwi -• ��` a Y3r, "�, Z �,'.,, -y �-2 2-�r+.F.` ':'`.. <•,eF .r t.: 1_ ,�,r�m-�x .d�`'<n;±L..... .v .Gv;3KFw.2si:°?•+�r..i :i<. '.'�r�,.,. ``�.c._N.4x,. ; -i �:d ''F�Ri�^.hr U Single Family Multi-Family U Commercial 0 institutional❑ irrigation only U Indust ial ❑ Other. Applicant Name(print): Contact Phone#: Project Site Address: VI I geojrRev i 1N t a k 2- ri Project Area(sq.ft.or acre): #of Units: #of Meters: (PssitF ) w a. ,.[,a."�ec,M i ate_. E t� To La s Area 1r: �F '�/,)e (geee pp 2�S.r-`�.-E. c%r� t�• �••-�t�.t- '= Turf irrigated Area(sq.ft.): Non-Turf Irrigated Areas ft. ° z -"V Special Landscape Area(SLA)(sq.ft.). � -� Water Feature Surface Area(sq.ft.): ' � ,_�, .��•t-:'. ��r;"S, "-� � �Y:'K";�-at y� 3.x-'3' ��' n ,x� s 4 •� e �'S Er, e .`1 z L� � r la._d i��n n� �tT*,i -'r : Turf Less than 25%of the landscape area is YYes 3 ; turf 0 No,See Water Budget , R#� + All turf areas are>8 feet wide Yes All turf is planted on slopes<25% 4fes Non Turf At least 80%of non-turf area is native Qles M4#�: F 5 . f3 •, ; or low water use plants ❑ ;See Water Budget _, "x'T Hydrozones Plants are grouped by Hydrazones Yes -`:. _'" '' I ELI» ;F_y Fti� At least 2-inches of mulch on exposed CYYes rs . Mulch soil surfaces _' `- Irrigation System Efficiency 70%Fro(100%Ero for SLAs) ❑Yes TOW 3�r� No overspray or runoff irrigation System Design System efficiency>70% Yes Automatic,self-adjusting irrigation Cd'No,not required for Tier 1 controllers U"yes 'a? rti ;iY Moisture sensor/rain sensor shutoffs No sprayheads in<8-ft wide area. 31yqs Irrigation Time System only operates between 8 PM EKes and 10 AM Metering Separate irrigation meter No not required because<5,000 sq.ft. 'my''`r' �'''>~ ) Yes Swimming Pools/Spas Cover highly recommended 0 Yes A,3I'r.7j{C, moo,not required ,L;• Water Features Recirculating 0 YesF. Less than 10%of landscape area 0 Yes5°>a Yv Ek j Checklist e�, ;s ir` .;, i Documentation =l Landscape and Irrigation Design Plan , Prepared by applicant 0 Prepared by professional 1,.a".i-¢ts pig•:.'�i'x:i,(_.'yt?Ii Water Budget(optional) D Prepared by applicant ��• ,i=` i_',.. � U P ared by professional y^ t• ;„` �_'�:,..r-._..rah•=. AuditPost-installation audit completed Completed by applicant ` 0 Completed by profess7i6n@[ 1 1�•� S r t n7 . •---------- --- ---— —— — — ---— — — — ---— — — — NEW SIDEWALK L w -PLANTING y, PLANTING J' STRIP- i y STRIP + __CUR. URB \ �� CASE 1 - SINGLE CURVE N.T.S. _PROPERTI' LINE_.._.._..__._._—._.—.._.._.._.._.._..___..r.._.._—.._.�-•--------.._:.—._..--..:..---.-----.—.._.-----.._.—.._.__.—.._ EW—SIDEWALK w 1. -i-PLANTINGl- 1 , f PLANTING STRIP. J ; �• STRIP +/ f CURB CASE 2 - -CURVE WITH TWO TREES N.T.S. NOTES: 1. ACTUAL DISTANCES AND CONFIGURATION WILL BE DETERMINED BY PARKS DEPARTMENT STAFF (650-558-7334) WITH CONSULTATION FROM THE PUBLIC WORKS DEPARTMENT. 2. ALL WORK SHALL CONFORM TO CITY STANDARD DRAWING NO. SW-1. APPROVED BY DRAWING euRUN�nMe SIDEWALK RELOCATION TO MAXIMIZE PLANTER AREA NO, DATE TREE-'{ DEPARTMENT OF PUBLIC WORKS 5/18/2009 (1 of 1) Project Comments Date: April 24, 2012 To: Y City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 ❑ Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ Parks Supervisor ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: Lot Combination Map and Condominium Map are required at this time for Planning Commission to take action concurrently. Basement Requirements: The following information is required to be submitted and approved by City: a. geotech report(to back up assumptions for design criteria for foundation and shoring structural calculations) b. seasonal groundwater_fluctuations—statement of groundwater levels for the wet and dry seasons c. structural design for the basement, foundation design and shoring design for the excavation— see attached City Bldg Dept. requirements. d. basement perimeter drainage design; proposed potential groundwater pumping requirements with power backup(if needed) e. above grade drainage disposal design direct to storm drain facilities including drainage flowrate to City facility f. assurance that the project will be completed within one season g, certification from property owner that there will be no negative effects or impacts on neighborhood properties Please contact Doug Bell at(650) 558-7230 for any questions regarding these requirements. Reviewed by: V V Date: 5114/12 PC Item# MEMORANDUM TO: COMMUNITY DEVELOPMENT DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT DATE: MAY 25, 2011 RE: CONDOMINIUM PERMIT FOR 6 UNITS,TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION PURPOSE-RESUBDIVISION OF LOTS 2,AND 2A,BLOCK 20 MAP OF LYON AND HOAG SUBDIVISION- 904 BAYSWATER AVENUE Comments for the development are as follows; GShow proposed drainage system and indicate that all roof and site drainage shall go to street frontage. 2. All utilities to this site must be installed underground. Any transformers needed for this site must be installed underground or behind the front setback on this site. Indicate that new sidewalk,driveway,curb and gutter fronting this site shall be designed by a civil engineer,approved by the City Engineer,and installed by this development. Driveway dimensions and slopes need to be shown on plans. OApplicant is advised to contact the City Arborist regarding potential relocation of sidewalk area around trees in the planter strip. 5. All irrigation systems and planting shall follow City's water conservation-guidelines. 6. Show the location for the fire sprinkler connection. All fire system work shall conform to the City's current procedures for underground water systems. 7. All on site catch basins and drainage inlets shall be stencilled. All catch basins shall be protected during construction so no debris will be dumped into them. The City will provide a stencil. 8. Sewer backwater protection certification is required. Contact Public Works— Engineering Division at(650) 558-7230 for additional information. 1 9. Show at-grade parking slab elevations. Maximum slope in any parking space is 5%. Show drainage pattern. 10. Dimension the structural columns and dimensions with respect to parking stalls. Columns that are on the side of parking spaces are to be clear of vehicle's side door access and should be at least two feet(2') clear of the rear of the stalls to facilitate maneuvering. 11. Individual unit climate controls as well as separate shutoffs for gas, electric and water are required. 12. During construction,the project developer shall maintain the existing street in good condition to the satisfaction of the Public Works Director. If the construction activity results in street damage,the developer shall re-pave the street frontage to City standards. The developer shall take photographs of the street condition prior to and after construction to document any damage caused by the project construction. The street reconstruction shall be a minimum of 2 inches of asphalt concrete removal and replacement. 13. A lot combination map shall be filed prior to issuance of the Building Permit. A condominium map application also needs to be submitted along with the lot combination map application. An application has been submitted, however the maps need to be submitted as part of the application. 14. The CCR's for this map must be approved by the City Attorney and conform to all approval conditions and City Codes. Nam i �I 2 i I Project Comments Date: February 22, 2012 To: 0 City Engineer 0 Recycling Specialist (650) 558-7230 (650) 558-7271 0 Chief Building Official 0 Fire Marshal (650) 558-7260 (650) 558-7600 0 Parks Supervisor 0 NPDES Coordinator (650) 558-7254 (650) 342-3727 0 City Attorney j From: Planning Staff i Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029.235-150 Staff Review: Comments from 12/19/11 still apply. Reviewed by: �� Date: �� JZ Project Comments Date: December 15, 2011 To: 0 City Engineer 0 Recycling Specialist (650) 558-7230 (650) 558-7271 0 Chief Building Official Fire Marshal (650) 558-7260 (650) 558-7600 0 Parks Supervisor 0 NPDES Coordinator (650)558-7254 (650) 342-3727 0 City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: 1. The building shall be equipped with an approved NFPA 13 Sprinkler System throughout. Sprinkler drawings shall be submitted and approved by the Central County Fire Department prior to installation. The system shall be electronically monitored by an approved central receiving station. 2. The fire protection underground shall be submitted and approved by the Burlingame Building Department prior to installation. 3. The fire sprinkler system will not be approved by the Central County Fire Department until the fire protection underground has been submitted and approved by the Burlingame Building Department. 4. The balconies are designed such that BBQ's will not be permissible. Reviewed by.. hoc Ue ba ��� Date: 12,1('1111 Project Comments Date: June 28, 2012 To: 0 Engineering Division 0 Fire Division (650) 558-7230 (650) 558-7600 I 0 Building Division x Stormwater Division (650) 558-7260 (650) 342-3727 0 Parks Division 0 City Attorney (650) 558-7334 (650) 558-7204 From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue/101 Anita Road, zoned R-3, APN: 029- 235-140 & 029-235-150 I Staff Review: All previous comments have been addressed. All construction BMPs must be implemented year round. NOTE: The current BMP plan sheet is being revised, please check for revision on the www.flowstobay.org . For assistance please contact Stephen D. or Eva J. at 650-342-3727 Reviewed bv: SD 56 Date: 7/5/2012 Project Comments-� Date: April 24,2012 To: 0 City Engineer 0 Recycling Specialist (650)558-7230 (650)558-7271 0 Chief Building Official 0 Fire Marshal (650)558-7260 (650)558-7600 0 Parks Supervisor X NPDES Coordinator (650)558-7254 (650)342-3727 0 City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new two-story, six-unit residential condominium with partially below-grade parking at 904 Bayswater Avenue and 101 Anita Road, zoned R-3, APN: 029-235-140&029-235-150 Staff Review: Any construction project in the City,regardless of size,shall comply with the City NPDES permit to prevent stormwater pollution from construction activities. Project proponent shall ensure all contractors implement Best Management Practices (BMPs)during all phases of construction(including demolition). When submitting plans for a building permit include a list of construction stormwater pollution prevention BMPs as project notes and include them as a separate full size plan sheet,preferably 2'x 3'or larger. Project proponent may use the attached Construction Best Management Practices(BMPs)plan sheet to comply with this requirement. Electronic file is available for download at http://www.flowsto bayorg/bs construction.php (Scroll about half-way down the page and click on Construction BMP Plan Sheet). Some of the guidance documents referenced in the April 18,2011 have been updated.The updates are attached: A. See attached updated"Construction Best Management Practices(BMP's)" B. See attached updated"NPDES Permit Impervious Surface Data Collection Worksheet". C. See attached updated"Notice to Applicants"effective December 1,2011. D. See attached updated"New Stormwater Control Requirements"effective December 1,2012.For any private development project for which a planning application has been deemed complete by a permittee(the City)before December 1,2013,these new requirements shall not apply. E. See attached"Requirements for Architectural Copper"ver.2/29/2012 These comments noted April 18,2011,with exception to the above updates,will still be in effect. For assistance please contact Stephen D.at 650-342-3727 Reviewed bv: SD Date: 05-02-2012 Construction Best Management Practices (BMPs) SAN MATEO COUNTYWIDE Water Pollution Construction projects are required to implement the stormwater best management practices (BMP) on this page, Prevention Program as they apply to your project. Please note: the wet season begins on October l and continues through April 30. Clean Water. Healthy Community. Painting & Paint Removal Materials &waste Management Equipment Management& Earth♦vork & Paving/Asphalt Work Concrete, Grout & Mortar ' A location Spill Control Contaminated PP • 1 C? , Painting cleanup ❑Never clean bnslies or rinse paint '�� :, •_.1 - ,< co in.or s intoe sucel,Bones,slums ,� ,. � �� dnln.0lfmfaCC weltrs. Er ' - ❑ Sart concrete,grout and monnr under ❑For wale-based paints,paint oro brushes �'Sr,�,-cad{ . �--_ �- to the extent ssible.Rinse to the ' � ar�y��� cover,an pellets and away from dninege Po Maintenance and Parking areas.These materials must never reach a sanitary Sewer atee you hove gained Nun-9azardous Materials ❑ Designate on area,fined with nppiopriale BMPs,for storm drain. Permission from die local w�astewaler Emsbe Contml ❑ Avoid poring and zeal cooling its bees veldck tad equipuent pulsing mrd storage. ❑ Wash out cwxrete a tai m a,so The down a aullariq'.Never pour peinl ❑Bann and cover sackpiles of spud,dirt or tiler eonstruetion material ❑Schedule grading and exeeretion wort:for weather,m when nus is fsaecast before q p down a dein. with s when min is forecast in ifrel natively being used within ❑ Perform major maintenance,repair jobs,and vehicle dry weather ono fresh pavement will have time to cute. offsite or in a contained tea,so 14erc y' is no disclma a into the underlyin soil ❑ For oil-based paints,paint out brushes to 14 days erd equipment washing affsilc. B g O Stabillu all drnuded areas,install and ❑ Cavcr scams drain inlets end menheles ❑ Use(bur don't ovemse)mclaimed water for dust control. ❑ if refueling m vehicle maintenance must be done or one end disp se f as g La emmrsete the olven possible end clean er.W lterm i maintain Ianponn'erosion wnlrols(mcb when applying seal coal,tack cont,due• or 6olmnl irl a o rconlainet.Filler and onsilc,work in a hemsed arca away from storm drains me[ fog nal ale harden and dispose of es garbage. Pr Dc m erosion control fabric or bonded fiber resat Ihinncrs and salvcnls.Dispose of and vycr a drip pan big ctsough Is,co11ccl fluids. matrix until ve radon is established. ❑ Collect and recycle ora ro riately ❑ Collect the wash water from washing residue marl unusable Ihinna/solrenta a! Hranrdous Matedala ) bee PP P Reef<Ie or dispose oC Buids as hesardous rvasl<. exposed aggregate concrtle and remove it di ott of excess nbrasivc vel ar nsd. ❑Label all Immudous materials and hvardvus wastes(such a5 ❑Seed or'n slopes or whefor erosion sP int pprop ispos Imrnrdeus waste. ❑ clean wit or equipment cleaning motet be done onsilc, I)o NOT sweep or wash it into goners. for o rink d' pt.offeile. pesticides,points,Iltinnen.talents,fad.all,bad nnlifr<eu)in control on dopa or where cortslnclion is Paint nmorni clean with water only in a beamed ores Wel will bol y P DewateriD atemdance with cis,•,wanly,sunk and federal rcgdvtions, no[immcd'talel tanned. ❑ Do bol use water to rvash doral fresh g ❑Clxmical paint snipping residue and alldw rinse wet"to ran into goner;Streets,semi ❑Store hazardous maerials aid vvostes its woos tight coutaimrs,sloe dale,or surface.voters. aspball concaele pavement chips and tial from unciae paints or in appmpriale secondary containment,and cover them e1 the end of SMiment Conlroi '• • I t paints containing lead or tribulylthi nest even•work day cr during wet weather or when min o forecast. ❑ Do rot clean vehicle or equipment omile,using soap; Sawcutting&Aiphalt/Conemle Remmml 49 be disposed of as hmzudee cute. sabents,degreasers,neem cleaning equipment.cow ❑ Protect storm drain inlets,gutters;ditches, e�Y.'( ❑ Follo v manufacturer's application instructions for hnardaus and drainage muracs with appropriate ❑Connpletdy cover or bnnieade sanu j y, / ❑ Point chips end dust from non-hamolues materials and be careRd not to use mom Wan necessary. Do not Vit""'• / dry stri in and sand binslin 5 III Prevention end Contml BMPs,etch ns gavel bags,fiber mils, dein initis avian amt (filters Usti filler e"s pp g g may be apply cM1eniicals outdoors vvlxn rain i5 feceeasl within 24 hours. P -cloy' eaWm basin inks filac,or gravel �,j<'�: ewe 1 u or calleded in Wtic dm v beam,etc, sc. �, P P P I ❑ Man a for o o ale die mel of all hazardous wMlel. ❑ Keep spill cleanup materials(rags,absorbents,etc.) bags m kee slurs,cal of the storm drain cloths and die sed oras tads. 6 PPT Pd Po ❑ Prevent sing and!front ming led menta P p° enilsble nl the comlmetion silt a all limes. by ivslnlling and maintaining Sediment s)•slem. � - J{y'� Wile Management ❑ Inspect vehicles and equipment fregmenUy far sail controls,such as fiber rolls,sill fences,M ❑Shovel,abomorb,or vacuum saw•-cut ,n�+✓ Landscape Materials repair leafs promptly. Use drip pens to catch leaks sediment basim. shary and dispose of all waste m soon ❑Effectively momge all run-on,all ❑Cover wase disposal containers securely with tarps at the end of until mpain ore mode. es you am finished in one location oral i'4 e ery work day and during wet weather. ❑ Keep of Coll cd toil ie the ette w'hero it muff gee fr We tie,a. ell nmol-cast O Ckon rap spills or leeks immediately ovd dispute of will eta wlleei bila We steel the end of each work der vvldclxver is ry ( dischv es from the tile.Divert rweou t ❑Check wase disposal cmnniners frequently for leaks and to make s cleanup nuteriait properly. sooner!), water from offsite ever Frain all diamlbcd f: vt F sum day am not oeerfilkd Never iatt done a dutnpsmr oat dx ❑ Transfer the site, makriels to dump constntabn lila � Do tel hose down surfaces bixrc Quids Lee spilled trtroks on dee site,not lo dx etreeL ❑1f seasul slum'enters a catch Eosin.leen nrrns or olhcrrvise ensure compliance. Use dn•cheump methods(absorbent materials.cat it W immediately. ❑When dewatering,notify and oblaiu ❑Clean m re lace ble miietL and ins t them fre uently for ❑ Coommhtaled Soil! P Dona I 9 tiller,mmUor mea). appmral-ran IIx bol mamicipiliq inks cal tpala ❑ obser oflM following comm lona tae berm disdur n gu O Sweep uP spilled tin•mslcrieh imnxdiitely.Do sal ei g wrir<b•almcl Iter .:'' " ❑Dispose of all wastes and debris properly.Recycle materials and obaersd,lest fa commination and try ro reach them mvoy with uva¢r,or bury Wcm. t r stone dein.,link,ior a diversion wastes that can he recycled(such as asphalt concrete,aggregate btu co ntr l the Regioml Water Qtilit, Iltough n basin,tank,m sediment hap I board, i etc. ❑ Clean up spills on dirt nem by digging up and Contml Board: ❑Contain slockpileA Inndsceping mteriab niispose ,flied, r" P P4 ) properly disposing of contaminated soil. mar be rcgaired ❑Dispose of ligmtid rmidixs fre peinta,Ihirmer;sdven0,glue!.and ■Urwtal sail cnndilimm,discoloration, by active Wcm mdse lorps when Ihcy arc ❑ In ureas of known contamination,resting bol ediveM beim ❑ Report signifiunl spills imnmdimely.Yat am required yr odor g used. i cleaning fluids m hacardsma warm. is required prior to mase or discharge of by lari ls report ing oil.To re rebases of 1)Dial ns Abmdoned undcngrmmd tarmks. ❑Smck erodible r snow to material on materiels,itxhdinp oil To moors a spill:I)Dial 9I I groundvvalcr.Conndt w•ilh Ux Engirxer to ',lets.Cover at norc Ibne materials Comiracliov Entrances and Perimeter or your local emergency mspome numbs,2)Cad the 4 Abandoned wells determine whether telling is required and ❑ Establish aid maintain effective perimeter concis and stabilize ill Govemor'a office ofFroe peaty Services Warning ■Buried barrel!,debris,in trash, how to interpret results.Contaminated when Way are bol actirdr being used or groundwater must be treated m hauled applied. constriction entrances and evil to sufficiently camel erouen and Center,(800)952-7550(24 hours). ❑Discontinue application of any erodible off-rile for proper disposal. sediment diechargm from she anti rocking offsite, - lendseape malarial wiUiin 2 days hefom a ' ❑Sweep or vacuum any stmel trucking immediately mid secure forecast rain meal Pr during wet weather. to ieantmumeropreventfoulersucking.Neverlacedowndress Storm drain polluters may be liable for fines of up to $10,000 per day! to tient up hocking. i I 5TAF'F ORNLY p SAN MATEO COUNTYWIDE Date'.,of BLllIdIIlS Water Pollution =,Perinrt Prevention Program Qnn Water.Healthy Community. PeTIIllt.tF NPDES PERMIT IMPERVIOUS SURFACE DATA COLLECTION WORKSHEET COMPLETE THIS WORKSHEET FOR EACH NEW OR REDEVELOPMENT PROJECT WHERE 5,000 SQUARE FEET OR MORE OF IMPERVIOUS SURFACE WILL HAVE BEEN CREATED,ADDED AND/OR REPLACED. What Projects Are Applicable? All project applicants proposing to create and/or replace 5,000 sq. ft. or more of impervious surface on the project site must fill out this form and submit it to the Planning Division. Interior remodeling projects and routine maintenance or repair projects, such as re-roofing and re-paving, are NOT required to complete this form. What is an Impervious Surface? An impervious surface is a surface covering or pavement of a developed parcel of land that prevents the land's natural ability to absorb and infiltrate rainfalt/stormwater. Impervious surfaces include rooftops, walkways, patios, driveways, parking lots, storage areas, impervious concrete and asphalt.' For More Information For more information regarding selection of best management practices for stormwater pollution prevention, stormwater treatment, or hydromodification management contact: Project Name: APN#_ Project Description: Applicant's Name: Phone: Project Location: (address) 1. Project Type(Check all that apply): ❑ Residential ❑ Commercial ❑ Industrial ❑ Public ❑ Mixed Use ❑ Restaurant ❑ Uncovered Parking ❑ Auto-service Facility ❑ Retail Gasoline Outlet 2. Project size: a.Total area of project site(parcel) sq. ft. b.Area of land disturbance during construction sq. ft. (include clearing, grading, excavating). Proposed Impervious surface(IS), Pre-Project Impervious in sq.ft Surface(IS),in sq.ft. Replaced IS2 Created IS3 c. Non-parking impervious surface area (includes land covered by buildings, sheds, patios/covers, streets, sidewalks, paved walkway) d. Areas of uncovered parking e. Off-lot impervious surface (streets, sidewalks, and/or bike lanes built as part of new street) TOTAL: 2c through 2e Pervious pavement underlain with pervious soil or pervious storage material,such as a gravel layer sufficient to hold at least the volume of rainfall runoff specked in Provision C.3.d of the MRP,is not an impervious surface.See MRP at www.flowstobay.oro/ms municipalities.php. 2"Replaced"means that the project will install impervious surface where existing impervious surface is removed. Page 1 of 2 Last updated January 2012 f.Area of pre-project landscaping: sq.ft. Area of post-project landscaping: sq.ft. 3. Determine Requirements for Stormwater Treatment and Hydromodification Management(HM) a. Check box if total proposed impervious surface is equal to or greater than: ❑ 10,000 sq. ft.: Stormwater treatment required (sizing requirements in Provision C.3.d of the MRP) ❑43,560 sq. ft.: If the following two statements apply to the project, then hydromodification management(HM) is required: ❑ Check box if the project replaces existing impervious surface(such as a building, parking lot, roadway, etc.), the total impervious area is increased from the pre-project condition. ❑ Check box if project is located in an area subject to the HM standard (see HM Control Area map at www.flowstobay.org/bs new development.php), OR, if further analysis is required, an engineer or qualified environmental professional has determined that runoff from the project flows only through a hardened channel or enclosed pipe along its entire length before emptying into a waterway in the exempt area. (Attach signed statement by qualified professional.) b. Check box if combined area of uncovered parking lot, plus any impervious surface for auto-service facility, retail gasoline outlet, and/or restaurant, is equal to or greater than: [15,000 sq. ft.: If project is approved on or after 12/1/11, stormwater treatment is required. c. Check box if the project will REPLACE more than 50%of the existing impervious surface. ❑ Project will replace> 50%of the existing impervious surface. The project is required to treat stormwater runoff from the on-site existing impervious surface that is NOT modified, in addition to the impervious surface that created and/or replaced by the project. This section to be completed by Agency Staff Reviewed: Community Development Department Public Works Department Planning Division: Engineering: Building Division: Return form to: Data entry performed by: II 3"Created"means the project will install new impervious surface where there is currently no impervious surface. Page 2 of 2 Last updated January 2012 SAN MATEO COUNTYWIDE Water Pollution revention Program Notice to Project Applicants -1can Water.Healthy Community. www.flowatebay."g Additional, New Stormwater Use and Treatment Requirements Effective December 1, 2011 If your project is required to include stormwater treatment control measures,the following additional,new requirements apply(with some limited exceptions described below). These requirements are from San Francisco Bay Region Municipal Regional Stormwater Permit(MRP).' New Restrictions on Methods of Stormwater Treatment Effective December 1,2011,all projects that are required to treat stormwater will need to treat the permit- specified amount of stormwater runoff with the following low impact development(LID)methods: ■ Rainwater harvesting and use, ■ Evapotranspiration, ■ Infiltration,or ■ If the above methods are infeasible,biotreatment(filtering stormwater through vegetation and soils before discharging to the storm drain system)is allowed. Complete the Infiltration and Rainwater Harvesting Feasibility Screening Worksheet to evaluate the feasibility of treating the permit-specified amount of runoff with infiltration or rainwater harvesting and use?. Vault-based treatment is not allowed as a stand.-alone treatment measure. Vault-based treatment measures may be used in series with other treatment measures to remove trash or other large solids. Some Projects that Create and/or Replace 5,000 sq.ft.of Impervious Surface Must Treat Stormwater Beginning December 1,2011,projects that create and/or replace 5,000 square feet or more of impervious surface related to the following categories of land use will be required to provide LID stormwater treatment: ■ Auto service facilities3, ■ Retail gasoline outlets, ■ Restaurants4, and/or ■ Uncovered surface parking(This applies to stand-alone parking,or parking included as part of any other development project. It also applies to the top uncovered portion of a parking structure,unless drainage from the uncovered portion is connected to the sanitary sewer.) Are There Exceptions to the New Rules? ■ If the project's development application was deemed complete before December 1,2009,and you "diligently pursues"the project,the new requirements do not apply. ■ If the project's development application was deemed complete on or after 12/1/09,AND the application received final discretionary approval before 12/l/11,the new requirements do not apply. ■ Certain infill,high-density,or transit oriented development projects may treat a percentage of the permit- specified amount of stormwater with non-LID treatment. Contact municipal staff for more information. The MRP may be downloaded at www.cleanwaterproQram.org.These requirements are in Provisions C.3.b.ii and C.3.c.i.2 ofthe MRP. =Evapotranspiration is incorporated in infiltration,rainwater harvesting/use and biotreatment 'Auto service facilities,described by the following Standard Industrial Classification(SIC)codes: ■ 5013: Establishments primarily engaged in wholesale distribution of motor vehicle supplies,accessories,tools,equipment,and parts. • 5014: Establishments primarily engaged in wholesale distribution of tires and tubes for passenger and commercial vehicles. ■ 5541: Gasoline service stations primarily engaged in selling gasoline and lubricating oils. • 7532: Establishments primarily engaged in the repair of automotive tops,bodies,and interiors,or automotive painting and refinishing. • 7533: Establishments primarily engaged in the installation,repair,or sale and installation of automotive exhaust systems. • 7534: Establishments primarily engaged in repairing and retreading automotive tires. ■ 7536: Establishments primarily engaged in the installation,repair,or sales and installation of automotive glass • 7537: Establishments primarily engaged in the installation,repair,or sales and installation of automotive transmissions. • 7538: Establishments primarily engaged in general automotive repair. ■ 7539: Specialized automotive repair such as fuel service(carburetor repair),brake relining,front-end and wheel alignment,and radiator repair. Restaurants described by SIC code 5812: Retail sale of prepared food and drinks for on-premise or immediate consumption. 'Diligent pursuance may be demonstrated by the project applicant's submittal of supplemental information to the original application,plans,or other documents required for any necessary approvals of the project San Mateo Countywide Water Pollution Prevention Program Revised January 2012 SAN MATEO COUNTYWIDE Water Pollution Prevention Program Clean WW%fl0V *baY.Vg New Stormwater Control Requirements Effective 12/1/12 wwrr.flowstoWy.are For Projects that Create and/or Replace 2,500 to 10,000 sq.ft. of Impervious Surface New stormwater requirements go into effect on December 1, 2012 for development projects that will create and/or replace at least 2,500 square feet of impervious, but less than 10,000 square feet of impervious surface, and stand- alone single family homes that create and/or replace 2,500 square feet or more of impervious surface.These requirements are in the San Francisco Bay Region Municipal Regional Stormwater Permit(MRP)l and are described below. Runoff is directed to landscaping. What Is an Impervious Surface? An impervious surface is a surface covering or pavement of a developed parcel of land that prevents the land's natural ability to absorb and infiltrate rainfall. Impervious surfaces include, but are not limited to: rooftops,walkways, patios, driveways,parking lots, storage areas, impervious concrete and asphalt, and any other continuous watertight pavement or covering. Does Pervious Paving Count as Impervious Surface? Pervious paving, including pavers with permeable openings and seams, is not considered impervious if it is underlain with pervious soil or pervious storage material, such as a gravel layer that is sized to hold the volume of stormwater runoff specified in Provision C.3.d of the MRP (80 percent of the average annual runoff). Guidance for calculating this amount of runoff is provided in Section 5.1 of the San Mateo Countywide Water Pollution Prevention Program's (Countywide Program) C.3 Technical Guidance. A link to this guidance is provided under"For More Information." What Are the New Requirements? Beginning December 1, 2012, projects will need to incorporate one of the following site design measures if the project creates and/or replace at least 2,500 square feet of impervious, but less than 10,000 square feet of impervious surface,or it is a stand-alone single family home that creates and/or replaces 2,500 square feet or more of impervious surface. ■ Direct roof runoff into cisterns or rain barrels for use. ' ■ Direct roof runoff onto vegetated areas. ■ Direct runoff from sidewalks,walkways,and/or patios onto vegetated areas. ■ Direct runoff from driveways/uncovered parking lots onto vegetated areas. ■ Construct sidewalks,walkways, and/or patios with permeable surfaces.2 ■ Construct bike lanes, driveways,and/or uncovered parking lots with permeable surfaces.2 Permeable joint pavers are one option for permeable surfaces. Where Can I Find Site Design Guidance? Chapter 4 of the Countywide Program's C.3 Technical Guidance provides guidance regarding rainwater harvesting and use, and directing runoff to vegetated areas ("self-retaining areas"). Sections 6.7 and 6.8 of the C.3 Technical Guidance provide guidance on using permeable paving. Fact sheets with standard specifications for these site designs are scheduled to be completed in the summer of 2012. For More Information To download the C.3 Technical Guidance, or find a stormwater compliance contact for your municipality, go to www.flowstobay.org (click on "Business", then "C.3 Stormwater Technical Guidance". For a list of municipal contacts who can provide information on stormwater compliance for development projects, click on the"local permitting agency"link. 'The MRP may be downloaded at www.flowstobay.org(click on"Municipalities").These requirements are in Provision C.3.i of the MRP. 2 Permeable surfaces include pervious concrete,porous asphalt,permeable joint unit pavers,and granular materials. San Mateo Countywide Water Pollution Prevention Program February 29,2012 SxK kAIEZ Coi;MT1'WW Water Pollution Prevention Program Requirements for Architectural Copper Oe,n wnec Nc,rtny Caen mun'j. Protect water quality during installation, cleaning, treating, and washing! Copper from Buildings May Harm Aquatic Life Copper can harm aquatic life in San Francisco Bay. Water that comes into contact with architectural copper may contribute to impacts, especially during installation, cleaning, treating, or washing. Patination solutions that are used to obtain the desired shade of green or brown typically contain acids. After treatment, when the copper is rinsed to remove these acids, the rinse water is a source of pollutants. Municipalities prohibit discharges to the storm drain. of water used in the installation, cleaning, treating and washing of architectural copper. Building with copper flashing, gutter and drainpipe. Use Best Management Practices (BMPs) The following Best Management Practices (BMPs) must be implemented to prevent prohibited discharges to storm drains. During Installation • If possible, purchase copper materials that have been pre-patinated at the factory. • If patination is done on-site, implement one or more of the following BMPs: o Discharge the rinse water to landscaping. Ensure that the rinse water does not flow to the street or storm drain. Block off storm drain inlet if needed. o Collect rinse water in a tank and pump to the sanitary _ sewer. Contact your local sanitary sewer agency before a discharging to the sanitary sewer. - o Collect the rinse water in a tank and haul off-site for proper disposal. • Consider coating the copper materials with an impervious coating that prevents further corrosion and runoff. This will Storm drain inlet is blocked to prevent also maintain the desired color for a longer time, requiring prohibited discharge. The water must be less maintenance. pumped and disposed of properly. During Maintenance Implement the following BMPs during routine maintenance activities, such as power washing the roof, re-patination or re-application of impervious coating: • Block storm drain inlets as needed to prevent runoff from entering storm drains. • Discharge the wash water to landscaping or to the sanitary sewer (with permission from the local sanitary sewer agency). If this is not an option, haul the wash water off-site for proper disposal. Protect the Bay/Ocean and yourself! 111 If you are responsible for a discharge to the storm drain of non- stormwater generated by installing, cleaning, treating or washing copper architectural features, you are in violation of the municipal stormwater ordinance and may be subject to a fine. .Photo aedik Don Edwards National Wildlife Sanctuary Contact Information The San Mateo Countywide Water Pollution Prevention Program lists municipal stormwater contacts at www.flowstobay.org (click on "Business", then "New Development', then "local permitting agency"). FINAL February 29, 2012 Project Comments Date: June 1, 2011 f To: 0 City Engineer 0 Recycling Specialist (650) 558-7230 (650) 558-7271 0 Chief Building Official 0 Fire Marshal (650) 558-7260 (650) 558-7600 0 Parks Supervisor 0 NPDES Coordinator (650) 558-7254 (650) 342-3727 City Attorney From: Planning Staff Subject: Request for Condominium Permit for construction of a new three- story, six-unit residential condominium at 904 Bayswater Avenue, zoned R-3, APN: 029-235-140 & 029-235-150 Staff Review: 2_2nz g�7�5'I 52 Reviewed by: Date: BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME) BURLINGAME, CA 94010 Staff Report Agenda Item 8 Meeting Date's - t$ To: Honorable Mayor and City Council Date: August 18, 2014 From: Margaret Glomstad, Parks and Recreation Director - (650) 558-7307 Subject: Adoption of a Resolution Authorizing the City Manager to Execute the Revised Agreement with the Burlingame Aquatics Club to Provide Aquatics Programming at the Burlingame High School Pool on Behalf of the City of Burlingame RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a revised agreement with the Burlingame Aquatics Club (BAC) to provide community and competitive aquatics programming at the Burlingame High School pool on behalf of the City of Burlingame. BACKGROUND Since May 2011 , the BAC has been providing community aquatics programming on behalf of the City of Burlingame at the Burlingame High School pool. This programming includes competitive and non-competitive components and serves the broader Peninsula region. With direct oversight from City staff, the BAC has increased the community programming options and attendance at the pool and now offers community programming year-round. The City supports the aquatics community programming efforts with an annual subsidy, which is analyzed by City staff each year and approved by the City Council. The future goal is to have the community aquatic program reach a breakeven budget by utilizing the available pool space to increase programming and corresponding income. DISCUSSION The BAC has been working closely with the City to revise the existing agreement to ensure compliance with the State Education Code, to clarify areas of ambiguity, and to ensure that the agreement reflects current practices that have evolved over the term of the existing agreement to allow for effective and efficient management of the pool. Key revisions include: 1 . Clarification that both the currently defined Community and Competitive programs are programs operating under the City's direct control, and for the benefit of the community. 2. Affirmation that the City will review all pricing for any BAC program, whether Community or Competitive. 3. Removal of all sections or items referring to the Transition Period. The relationship between the City City of Burlingame Page 1 of 2 Printed on 8/13/2014 powered by i_egistarl", and BAC has matured past the initial phase anticipated in the 2011 agreement, and the sections pertaining to that phase are no longer applicable. 4. Removal of subsidy allocations. The required subsidy will be projected annually and approved by the City Council as part of the City's budget cycle. FISCAL IMPACT There is no fiscal impact from the adoption of this resolution. The annual subsidy will be brought to the City Council for approval each year. EXHIBITS Resolution A. Revised and Restated Agreement Between the City of Burlingame and the Burlingame Aquatics Club City of Burlingame Page 2 of 2 Printed on 8/13/2014 pw,,,,e-d by Legistai 11 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE THE RENWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATIC CLUB, INC. FOR THE MANAGEMENT AND OPERATION OF,AND FOR THE PROVISION OF AQUATIC PROGRAMS AT THE BURLINGAME AQUATIC CENTER WHEREAS, the Burlingame Aquatic Club (BAC) and the City entered into an agreement dated March 21, 2005, whereby the City of Burlingame contracted with BAC to provide certain community youth and adult aquatic program offerings on a year-round basis at the Burlingame Aquatic Center; and WHEREAS, the City of Burlingame and the Burlingame Aquatic Club entered into a subsequent agreement on June 6, 2011 calling for expanded programming and for the BAC to provide management and operation of the aquatic programs at the Burlingame Aquatic Center on behalf of the City; and WHEREAS, BAC has cooperated with the City in the operation of the aquatic facility and in the provision of aquatic activities; and WHEREAS,BAC is an independent non-profit aquatics organization; and WHEREAS, BAC has increased community involvement in aquatics programs in Burlingame and the existing 2011 Agreement needs to be updated to reflect current practices and the direct control exercised by the City over BAC's activities; and WHEREAS, on behalf of the City, BAC will provide a full range of community aquatic activities, under the direction and subject to the approval of the City, encompassing both competitive and non-competitive programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: L The City Council finds that all of the facts recited above and stated in the staff report are true and correct. 2. The City Council approves the renewed and revised Agreement between the City of Burlingame and the Burlingame Aquatic Club, Inc. and authorizes the City Manager to execute the Agreement, in the form of Exhibit"A", attached hereto. Michael Brownrigg,Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Burlingame City Council held on the 18th day of August 2014, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk RENEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATIC CLUB,INC. FOR THE MANAGEMENT AND OPERATION OF,AND FOR THE PROVISION OF AQUATIC PROGRAMS AT,THE BURLINGAME AQUATIC CENTER THIS AGREEMENT(the"Agreement")renewed and revised and entered into as of this day of August, 2014,was originally entered into on June_, 2011 and was effective as of May 9,2011 (the "Effective Date"),by and between the CITY OF BURLINGAME, a municipal corporation(the"City") and The Burlingame Aquatic Club Incorporated, a California non-profit,public benefit corporation (hereinafter"BAC"),together the "Parties". WHEREAS, the San Mateo Union High School District(hereinafter the"District") owns an aquatic facility existing on the campus of Burlingame High School(hereinafter"BHS"), located at One Mangini Way, Burlingame, California, including two swimming pools, locker/shower facilities, offices and a concession stand(the"Aquatic Facility"); and WHEREAS,the City contributed substantial funds for the construction of the Aquatic Facility and, consequently,the City and the District entered into an agreement that grants to the City rights to public use of the Aquatic Facility and requires the City to provide recreational,instructional and competitive aquatics programs at the Aquatic Facility(attached as Exhibit A, the"District Agreement' and WHEREAS, BAC and the City have worked together to provide community youth and adult aquatic program offerings on a year-round basis; and BAC has cooperated with the City in the operation of the aquatic facility and in the provision of aquatic activities; and WHEREAS,BAC is an independent non-profit aquatics organization; and NOW,THEREFORE, in consideration of the mutual agreements contained herein, the Parties agree as follows: 1. Services 1.1 Objectives. The objectives of this Agreement are: (a) To allow the City to provide quality aquatic programming through the BAC to the community,herein after referred to as"Community Aquatic Activities"; (b) For BAC to increase revenue,manage costs and provide Community Aquatic Activities and access to the Aquatic Facility for citizens of the City and surrounding community in a businesslike, efficient, courteous, and accommodating manner consistent with the quality of comparable public swim facilities in the San Francisco Peninsula area; (c) To reduce the City subsidy for operation deficit of the Community Aquatic Activities programs to zero; (d) For the Parties to establish a new(distinct) set of accounts to identify, manage and report the costs associated with the operation of the Aquatic Facility and the delivery of Community Aquatic Activities; BAC Agreement Page 1 of 15 (e) For BAC to provide the services under this Agreement on an open-book break-even basis, with City support as necessary,maintaining the goal of program self-sufficiency as stated in Section 1.1(c); and (f) For BAC to provide a diverse range of Community Aquatic Activities, under the direction and subject to the approval of the City, encompassing both competitive and non-competitive programs. 1.2 Competitive Aquatic Activities. Under the direct control of the City, BAC will organize competitive swimming and water polo at the Aquatic Facility at both the youth and adult levels (e.g.,U.S. Masters Swimming, a U.S. Age Group Club Swim Team, Masters U.S. Water Polo, and Age Group U.S. Water Polo)on behalf of the City(collectively, "Competitive Aquatic Activities"). Programs or teams sponsored by the District or any of the District's schools are not Competitive Aquatic Activities for purposes of this Agreement. Participants in Competitive Aquatic Activities pay BAC for enrollment or participation and must be members in an organization that oversees a particular activity(e.g.,USA Swimming, US Masters Swimming, USA Water Polo). Participation shall be open to any member of the public who complies with the requirements for participation in Competitive Aquatic Activities. 1.3 Non-Competitive Aquatic Activities. Under the direct control of the City, BAC will organize, administer, manage, supervise and offer ail aquatic activities such as those that,prior to the 2011 Effective Date of the original agreement,were listed in the Parks and Recreation Activity Guide (e.g.,youth swim lessons, adult swim camps and water exercise)that are not BHS or District swim activities(collectively, "Non-Competitive Aquatic Activities"). BAC may, from time to time and following the City's direction and policies for public use of the Aquatic Facility, adjust the offering and pricing of Non-Competitive Aquatic Activities to achieve the Objectives listed in Section 1.1. 1.4 Scope of Facility Management Services. (a) The Parties' responsibilities with respect to management and maintenance of the Aquatic Facility and equipment related to the activities and services described in this Agreement (collectively, the"Facility Management Services")are described in this Section and in Exhibit B (Facility Management Roles and Responsibilities). (b) Maintenance at the Aquatic Facility is divided into two primary categories as described below. (i) "Minor Maintenance"means such tasks as minor repairs that can be performed without specific training(e.g.,bathroom stall lock repair, shower head repair, replacing light bulbs, etc.), sweeping and cleaning of the pool deck, water cleaning(i.e., vacuuming and skimming),monitoring appropriate chemical levels in water, and parts and labor expenditures that cost no more than$1,500 per item. As of the Effective Date, BAC will have operational responsibility for Minor Maintenance. BAC will cooperate with the City to bill the District for appropriate Minor Maintenance,pursuant to any then-current agreement between the City and the District. Should maintenance responsibilities as allocated under the master City-District agreement shift,the provision of maintenance under this Agreement shall conform to the City-District terms then in effect. BAC Agreement Page 2 of 15 (ii) "Major Maintenance"means such tasks as structural repairs to all buildings, care and repair of all boiler/pump equipment,proper maintenance of water treatment equipment, repair of the pool deck, exterior light replacement, fencing repair, and related parts and labor expenditures, and any minor repairs that cost $1,500 or more per item. The City and District shall at all times retain full operational and financial responsibility for Major Maintenance, and BAC shall have no responsibility therefor. (c) To the extent required by the District Agreement, and to the extent remedial action is not required of BAC under this Agreement,the City or District will maintain the Aquatic Facility in a manner consistent with standards in the industry. BAC will inform the City promptly if BAC becomes aware of any condition necessitating maintenance or repair of the Facility Plant and Equipment(as defined in Section 3.2 below). The City or District, consistent with and as required by District Agreement will undertake maintenance or repairs in a timely manner. (d) BAC shall have limited access to the pump room for the purpose of testing water chemistry. In the event that maintenance roles and requirements are modified, additional access to the pump room may be granted only by agreement in writing from both the City and District. (e) Aside from ordinary maintenance and emergency maintenance, BAC shall not refurbish or alter the Aquatic Facility, in whole or in part,nor construct any improvements at the Aquatic Facility without the City's prior written approval (which may be provided via email). Title to any improvements to the Aquatic Facility shall immediately vest and be vested in the City or the District(as agreed between the City and the District). (f) BAC shall not execute any chattel mortgage, conditional bill of sale, financing statement, lease, security agreement or lien of any kind, pertaining to any improvements, furniture, fixtures, fittings, or equipment at the Aquatic Facility. 1.5 Pricing, Sales and Promotion. (a) Pricing for Non-Competitive Aquatic Activities. After review and approval by the City, BAC will set the prices charged for Non-Competitive Aquatic Activities. All prices will be published or displayed at the Aquatic Facility and/or published on the BAC website. There will be no hidden or preferential discounts not reflected in the City-approved prices. If the City determines that the agreed-upon fee schedule negatively impacts the ability of the local community to participate in Community Aquatic Activities, BAC shall be required to meet with the City and to adjust the fee schedule to address the negative impacts. (b) Pricing for Competitive Aquatic Activities. After review and approval by the City, BAC will set prices for Competitive Aquatic Activities. These prices will be determined based on market research of like programs in the local area and any requirements of affiliated organizations, and shall be set so as to promote the vitality of the Competitive Aquatic Activities program. (c) Merchandise Sales. BAC may display and sell aquatics-related merchandise and BAC apparel at the Aquatic Facility. BAC shall not allow any other vendors to sell merchandise or apparel at the Aquatic Facility without prior approval from the City. BAC Agreement Page 3 of 15 BAC may not place vending machines in the Aquatic Facility without the District's prior approval. (d) Snack Shack Sales. BAC may operate the concessions stand at the Aquatic Facility(the "Snack Shack")during Community Aquatic Activities, subject to the following: (i) BAC will restrict the sale of any item if there is a health, safety or maintenance issue with respect to the item(e.g., glass containers, alcoholic beverages, gum, sunflower seeds,marshmallows and peanuts). BAC shall comply with any applicable state, federal and local laws regarding the sale of such items, and shall restrict the sale of such items upon request by the City. (ii) BAC's right to operate the Snack Shack is subject to the rights of other groups (e.g., BHS Boosters)to operate the Snack Shack during events and activities that are concurrent with Community Aquatic Activities. (iii) BAC is required to maintain all necessary permits and licenses to operate the concession stand. 1.6 Aquatic Facility Scheduling. On behalf of the City, BAC will maintain the schedule for use of the Aquatic Facility, and may revise the schedule, with approval from the City, for programs offered pursuant to this Agreement as deemed appropriate by BAC to maximize the use of the Aquatic Facility and meet the needs of the local community. BAC understands that it must fairly allocate time in the schedule to accommodate both Competitive Aquatic Activities and Non- Competitive Aquatic Activities. If the City determines that the schedule has a detrimental impact, BAC shall be required to meet with the City and to adjust the schedule to address the negative impacts. Scheduling shall be in conformance with the District Agreement, or any such provision in a City-District Agreement that may supersede the District Agreement. 1.7 City Inspection and Review of Services, Changes to Services. The City shall inspect and review the method and manner of BAC's performance of duties under this Agreement in order to ensure the quality and character of the services offered by BAC to the public under this Agreement. Such review shall occur on at least an annual basis, although the City is entitled to review such services at any time and on a more frequent basis as it deems necessary. Moreover, the City will monitor BAC activities on an informal and ongoing basis and will make good faith efforts to identify any perceived deficiencies or problems to the BAC in order to promote timely resolution of such issues. BAC shall discontinue, revise or remedy any practice that the City reasonably determines is inconsistent with the City's operating objectives and with the standards of practice in similar public aquatic facilities. 2. BAC Personnel 2.1 General. BAC shall provide an adequate number of personnel to conduct the activities and perform the services described in this Agreement in a manner that strives to meet public demand for prompt, courteous, and efficient service and consistent with all legal requirements and standards for the operation of public swim facilities 2.2 Executive Director. BAC will assign one person to oversee the services provided by BAC under this Agreement(the"Executive Director"). BAC Agreement Page 4 of 15 2.3 Background Checks. BAC shall require all personnel who perform services under this Agreement that bring them into contact with any patron(s) seventeen(17)years of age or younger to be fingerprinted and cleared by a background check with the State Department of Justice. This is consistent with State law. BAC shall certify in writing to the City that each employee has been cleared. BAC agrees to comply with any additional or modified background or security requirements as may be imposed by State or local law during the term of this Agreement. 2.4 Lifeguard, Coaches, and Certifications. (a) BAC will provide at least the following personnel during Non-Competitive Aquatic Activities: (i)one certified lifeguard on the pool deck who is assigned only to watch the pool with no other duties; and(ii)a second certified lifeguard within the Aquatic Facility who is in a position to respond and assist in any emergency situation. (b) BAC will provide at least two(2)rescuers during Competitive Aquatic Activities, as follows: (i)a certified lifeguard on the pool deck who is assigned only to watch the pool with no other duties, and a coach on the pool deck who is fully certified to coach through the appropriate governing swimming or water polo organization; or(ii)two(2)lifeguard- certified coaches on the pool deck. When no Non-Competitive Aquatic Activities are taking place, the second rescuer may be away from the pool deck,provided that the rescuer is in a position to respond and assist in any emergency situation, and all participants in the Competitive Aquatic Activities remain under the direct supervision of the certified lifeguard or coach who is on the pool deck. (c) BAC will provide at least two(2)rescuers when both Competitive Aquatic Activities and Non-Competitive Aquatic Activities are taking place, as follows: (i)a certified lifeguard on the pool deck who is assigned only to watch the pool with no other duties, and a second certified lifeguard within the Aquatic Facility who is in a position to respond and assist in any emergency situation; or(ii) a certified lifeguard on the pool deck who is assigned only to watch the pool with no other duties, and a coach on the pool deck who is a certified lifeguard coach. (d) During operations of programs that have especially high levels of participation or special needs participants, BAC will increase lifeguard staffing in alignment with the industry standard and good safety practices. (e) BAC shall require each coach and lifeguard working at the Aquatic Facility to maintain current certifications. BAC will maintain current copies of each certification in the Aquatic Facility office, and make such certifications available to the City for review upon request at any time. 2.5 Behavior. BAC's personnel, while in the Aquatic Facility or related premises, shall at all times conduct themselves in a businesslike,professional manner without rudeness, discourtesy or use of profanity. 2.6 Service Standard. BAC shall at all times maintain a high standard of service to the public and to the reasonable satisfaction of the City Manager of the City of Burlingame and any of the City Manager's authorized representatives(the"City Manager"). Upon written notice by the City Manager that the conduct of any BAC personnel at the Aquatic Facility is detrimental to the best interests of the public or the City, BAC shall take appropriate action and demonstrate to the City Manager how BAC has addressed the issue. The City reserves the right, which shall not be BAC Agreement Page 5 of 15 unreasonably exercised, to require exclusion from the Aquatic Facility of any BAC personnel or affiliated persons whom the City deems to present a threat of danger, liability, or inappropriate and disruptive conduct that could interfere with the enjoyment and use of the Aquatic Facility by members of the public or which may create a hostile or threatening environment for City or District employees. 2.7 Payroll&Benefits. BAC is responsible for all wages, salaries and other amounts due BAC personnel and for all tax withholdings and other employer obligations with respect to BAC personnel. 2.8 Equal Opportunity Employment. BAC warrants that it is an equal opportunity employer and shall comply with all applicable regulations and law governing equal employment opportunity. BAC does not and shall not discriminate against persons employed or seeking employment on the basis of age, sex, color,race,marital status, sexual orientation, ancestry,physical or mental disability, national origin,religion or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment& Housing Act. In performing services under this Agreement, BAC shall not discriminate against any person on the basis of age, sex, color,race,marital status, sexual orientation, ancestry, physical or mental disability, national origin,religion or medical condition,unless based upon a bona fide safety limitation founded on manufacturer, Consumer Product Safety, and Department of Justice guidelines or other applicable regulations and guidelines. BAC shall ensure that its subcontractors and employees conform to the requirements of this Section. 3. Compliance with Laws; Permits and Licenses 3.1 During the term of this Agreement, BAC at its cost will obtain and maintain the permits identified in Exhibit C (BAC Permits)and the City or District, consistent with and as required by any then- current District Agreement, will obtain and maintain all other permits relevant to the Aquatic Facility or the activities or services provided in connection with this Agreement. 3.2 At its cost and consistent with and as required by the District Agreement, the City or District will obtain and maintain all permits, certifications and approvals required for installation, operation and maintenance of the Aquatic Facility and the plant and equipment contained therein (other than equipment owned by BAC)(the "Facility Plant and Equipment"). 4. Use of Aquatic Facility 4.1 Rights of Use. Under the direct control of the City, the City grants BAC the exclusive right and license to operate the Aquatic Facility and provide swim-related activities at the Aquatic Facility. This Agreement is not intended to, and does not, convey to or vest in BAC any real property interest in the Aquatic Facility;this Agreement pertains solely to the use and operation of such facility. 4.2 Care in Use of Aquatic Facility. Subject to the City's and District's compliance with their responsibilities as described in Exhibit A(Facility Management Roles and Responsibilities), BAC will operate the Aquatic Facility in a clean, safe, wholesome, and sanitary manner, free of trash, garbage, or obstructions of any kind, and in compliance with any and all applicable present and future laws, general rules and regulations of any governmental authority in force now or at any time during the term of this Agreement relating to sanitation,public health, safety, or welfare. BAC Agreement Page 6 of 15 4.3 Emergency Suspension of Services. If conditions arise in the Aquatic Facility that threaten the safety of employees, program participants or the public, BAC shall immediately suspend all activities and services at the Aquatic Facility, notify the City, the District and any appropriate authorities of the condition and, if necessary, organize the immediate evacuation of the Aquatic Facility. 4.4 Emergency Contacts. The Parties shall provide each other with the names and telephone numbers of at least two(2)qualified persons who can be called in the event of an emergency or if immediate maintenance is required. 4.5 Remedy and Notification. With respect to defects and dangerous or unsanitary conditions, BAC will promptly respond to and remedy the condition consistent with its obligations under this Agreement and, if unable to do so, BAC will inform the City. The City or District, consistent with and as required by the District Agreement, will undertake maintenance or repairs in a timely manner. 4.6 Policies and Procedures. BAC shall operate the Aquatic Facility in accordance with the Burlingame Aquatic Center Policies and Procedures Manual(the"Procedures Manuan. The current version of the Procedures Manual is attached hereto and incorporated herein as Exhibit D. In the event of a conflict between the Procedures Manual and this Agreement, the provisions, terms and conditions of this Agreement shall prevail. The Procedures Manual will be reviewed annually and may be amended as agreed by the City and the BAC. In the event that new laws, regulations, or standards come into effect that would impact the Procedures Manual during the term of this Agreement, the Procedures Manual shall be amended accordingly. 4.7 The City shall coordinate meetings and communications between the City,the District and BAC. At a minimum, the City and BAC will meet quarterly to review and discuss programming, maintenance, procedures, budget, and related issues. 5. Insurance BAC will obtain and maintain during the Term the types and amounts of insurance described below with insurers that are licensed to do business in California and have an A.M. Best raring of A-, Size VII or better. This insurance will be primary and non-contributing with respect to any insurance or self- insurance maintained by the City or District. Any insurance or self-insurance maintained by City, District, their officials, employees, agents or volunteers shall be in excess of BAC's insurance and shall not contribute with it. If the City reasonably decides that the types and amounts of insurance described below do not adequately protect the City, District and the public, BAC will obtain and maintain the types and amounts of insurance reasonably required by the City provided such additional insurance is commercially available. BAC will provide the City with certificates of insurance evidencing the coverages required hereunder with certified copies of the required endorsements or, alternatively, cause its insurers to issue certified copies of each policy with endorsements. BAC will cause its insurers to notify the City in writing at least 30 days prior to any modification, cancellation or non-renewal of an insurance policy required under this Agreement, and at least 10 days prior to any cancellation for non- payment of a premium. BAC will pay the premiums and any deductibles and retentions for the insurance required under this Agreement. In addition, Club shall require each of its agents, licensees, contractors, subcontractors, or suppliers who come onto the Aquatic facility in connection with this Agreement,to provide the same insurance coverage(with the exception of the next sentence). City, District, their officials, employees, agents and volunteers are to be covered as additional insureds under the BAC policies referred to above with respect to: liability arising out of activities performed by or on behalf of BAC;premises owned, occupied or used by BAC; or automobiles owned, leased,hired or borrowed by BAC Agreement Page 7 of 15 BAC. The coverage shall contain no special limitations on the scope of protection afforded to City, District, their officials, employees, agents or volunteers. (a) Directors and officers liability insurance with a limit of$2 million per incident. (b) Employer's liability insurance and workers' compensation insurance, including coverage for bodily injury and disease, in accordance with the laws of the State of California with a limit of$2 million or the minimum amount required by law, whichever is greater. This coverage will be endorsed to name the City,the District their officers, agents, employees and volunteers as additional insureds. (c) Commercial general liability insurance on an occurrence basis with a combined single limit per occurrence of$4 million. This coverage will be endorsed to name the City,the District their officers, agents, employees and volunteers as additional insureds. 6. Reporting, Inspections and Records 6.1 Evaluation. The Parties will jointly develop an evaluation process to assess the overall performance of the Aquatic Facility and the success of Community Aquatic Activities(e.g., assessment of financial performance, operational performance, health and safety issues, maintenance issues and community participation). 6.2 Re orts. (a) Once every quarter, BAC will provide a written report to the City regarding its performance of the Community Aquatic Activities; (b) Once every quarter, BAC shall provide the City with financial and/or statistical reports regarding BAC's operation of the Aquatic Facility; and (c) Once a year at times agreed upon by BAC and the City, BAC shall present separately to the Parks and Recreation Commission and to the Burlingame City Council a summary report on all Community Aquatic Activities. 6.3 Inspections. (a) Performance Inspections. At its sole cost,the City may inspect(or cause a third party to inspect)the Aquatic Facility and evaluate the methods and manner of BAC's performance under this Agreement in accordance with the agreed evaluation criteria and BAC's conformance to and compliance with all laws,rules,regulations and standards applicable to the operation of a public aquatic facility. BAC may participate in any such inspection and may provide a briefing to the City during each inspection. If the City reasonably determines that BAC's performance does not meet the requirements of this Agreement, BAC will remedy the issue and document its remediation. The City is not required to give notice to BAC of inspections under this Section. (b) Facility Inspections. The City shall conduct(or cause a third party to conduct)regular inspections of the Aquatic Facility. The purpose of these inspections is to assess the condition and quality of the Aquatic Facility and to identify the need for maintenance and repairs. The City is not required to give notice to BAC of inspections under this Section. BAC Agreement Page 8 of 15 6.4 Records. BAC will, in accordance with generally accepted accounting principles, maintain all books and records pertaining to this Agreement and retain those books and records for at least five(5)years following the expiration or termination of the Agreement. These records and books shall include, but not be limited to, records and supporting documentation pertaining to BAC's gross receipts and other income derived from BAC's operations under this Agreement and any deductions therefrom. BAC will make such records available to the City for examination and copying upon request. 7. Finance 7.1 Intent. (a) The Parties intend to operate this Agreement on an"open book"GAAP accrual accounting basis. For clarity, no revenue and no expenses incurred by BAC for Competitive Aquatic Activities shall be included in the budget for Non-Competitive Aquatic Activities. (b) The Parties intend and agree that BAC will operate the Community Aquatic Activities on a break-even net income basis and that, until such time as the Community Aquatic Activities become self-funding, an annual City subsidy will be necessary in order to achieve that goal. (c) The Parties agree to a chart of accounts used to operate the pool. A copy of the chart of accounts is set forth in Exhibit E(the"Chart of Accounts"). The parries agree that the Chart of Accounts does not include all costs(such as water charges)incurred to operate the Aquatic Facility. The Chart of Accounts will be used as the basis for all annual budgets put forth by BAC to operate the Aquatic Facility. (d) The Parties agree that from time to time new expenses will need to be added to the Chart of Accounts and included in the annual budget to provide more complete and accurate financial accounting. The Parties agree and understand that these additional new expenses will be incorporated into financial reporting promptly,but only to the extent that these additional new expenses shall be paid in full by the City until the next budget year, at which time such expenses shall become part of the budget. (e) BAC shall not be responsible for any financial losses to the extent that they are caused by (i)the City or the District's failure to perform Major Maintenance or to make capital improvements as required by this Agreement, (ii)any other failure by the City or the District to perform any of their respective obligations or responsibilities under this Agreement; (iii)any force majeure event as provided in Section 11.3, including any loss of revenue resulting from a closure of the Aquatic Facility pending the completion of Major Maintenance or other capital improvements by City or District(collectively, "Unplanned Down Time"). During Unplanned Down Time, the City shall bear 100%of all financial losses contemplated under this paragraph. (f) If unplanned downtime occurs for a period of greater than six(6)weeks,then the City shall only be responsible for the cost of key administrative services, including salary for the Executive Director and basic information infrastructure. (g) During Unplanned Down Time, BAC shall make all reasonable efforts to minimize any costs that would contribute to the financial loss. All accounting records pertaining to BAC Agreement Page 9 of 15 Unplanned Down Time will be made available to the City to ensure reasonable cost- saving measures were made. (h) In furtherance of the parties' objective to eliminate financial losses, the parties agree to discuss and establish guidelines and benchmarks to assist and measure the reductions of costs, increase in revenues, and increase in facilities use. 7.2 Financial Reporting (a) The Parties will jointly develop and agree to a GAAP accrual financial reporting system based on variances from the approved annual budget. BAC assumes responsibility for the collection of fees and payment of expenses. BAC will report to the City Manager(or to a person designated by the City Manager)on a quarterly basis the actual revenue and costs for the preceding quarter. (b) After the City's review of the quarterly statement, if needed, the BAC may request a portion of the City Council approved budgeted City subsidy. After the City receives the subsidy request, the City will pay the BAC the subsidy within 30 business days. 7.3 Annual Operating Budget and Subsidy. (a) The preliminary budget draft for Non-Competitive Aquatics and the BAC request for the annual City subsidy will be submitted to the City no later than February 1 of each year during the Term. This request will be accompanied by a program planning report and preliminary budget. (b) No later than April 1 of each year during the Term, BAC will submit to the City a GAAP-compliant annual budget for both the Non-Competitive Aquatic Activities and Competitive Aquatic Activities for the following fiscal year(beginning July 1)(the "Annual Budgets"). The Annual Budgets will include a budget forecast for each month during the fiscal year, including: (i)revenue from program and registration fees, merchandise sales and other sources under this Agreement ; and(ii)costs pertaining to the programs, BAC's cost to maintain the insurance described in Section 5, actual and projected Minor Maintenance costs, Incremental and Allocated Expenses(as described in Section 7.4 below), finance charges to cover any working capital requirements approved by the City, and projected costs for any mutually-agreed projects. 7.4 Incremental and Allocated Expenses. The City and BAC acknowledge that certain expenses incurred by BAC will be shared by Competitive Aquatic Activities and Non-Competitive Aquatic Activities(collectively, "Allocated Expenses"). Costs shared between the two programs will be allocated based on the prior year's contribution to total BAC revenue. Allocated Expenses are listed in Exhibit F(Allocated Expenses). Regardless of this internal accounting, an annual review of pool usage by Competitive and Non-competitive programming will be completed in order to ensure equitable allocations of allocated expenses. 7.5 Snack Shack. Any revenue from Snack Shack sales shall be retained by the BAC to assist in covering direct program costs. 7.6 Audits. After providing reasonable notice, the City may inspect, examine and audit the records and accounts of BAC that are used in performing the activities and services described in this BAC Agreement Page 10 of 15 Agreement in order to verify the accuracy of BAC's financial reports and reimbursable costs in connection with this Agreement. 8. Term and Termination 8.1 Initial Term and Renewal. The initial term of this Renewed and Revised Agreement shall extend to June 30, 2017(the "Initial Term"), unless terminated earlier by either party upon 90 days written notice to the other party. Upon the expiration of the Initial Term, the term of this Agreement shall automatically renew for successive one-year renewal periods(each, a"Renewal Term"),unless a party gives written notice of non-renewal to the other party at least 180 days prior to the expiration of the Initial Term or any Renewal Term. The Term may not extend longer than the expiration or termination of the District Agreement or any renewal or amendment thereto,which is currently scheduled to expire in 2023. "Term"refers, collectively,to the Initial Term and any Renewal Term(s). Budget and subsidy approvals are required on an annual basis as described herein during the term of this Agreement. 8.2 Termination for Cause. Either party may terminate this Agreement upon written notice to the other party if the other party commits a material breach of this Agreement and does not cure such breach within 60 days after receiving written notice of the breach. The Parties agree that the following events constitute material breach for purposes of this Section 8.2: (a) BAC's failure to maintain in full force and effect the insurance required under Section 5; (b) BAC's failure to maintain current permits, certifications(including personnel lifeguard certifications)or licenses required under Sections 2.83; (c) BAC's attempt to assign,transfer or delegate any of its rights or duties under this Agreement in violation of Section 11.2; (d) A material breach of service by BAC(e.g.,health or safety violations for which BAC is responsible that cause, or may cause,the Aquatic Facility to close or be subject to fines or other enforcement action); (e) Filing of a bankruptcy petition by BAC; (f) BAC's failure to comply with the Policies and Procedures Manual; (g) BAC's submission to the City of knowingly false lifeguard or coach certifications; (h) City's failure to maintain or have maintained Major Maintenance items; (i) City's failure to maintain or have maintained current permits, certifications or licenses as required under Section 3; and (j) City/District Agreement is amended prior to 2023 to the detrimental effect of the City or BAC in such a manner as to impede performance of either party under this Agreement. 8.3 Continuation of Services. If the City terminates this Agreement, the City may assume responsibility for the Community Aquatic Activities and provide such activities in a manner that benefits the City and the public, without any liability therefor to BAC. 8.4 The City recognizes that, prior to entering into the 2011 Agreement, BAC was providing the competitive swim program at the aquatic facility under contract to the City. Should this agreement be terminated, the City agrees to enter into good faith negotiations for a possible reversion to the prior status under which the BAC could continue to provide the competitive swim program. BAC Agreement Page 11 of 15 9. Indemnification BAC shall indemnify, defend and hold harmless City, its Council Members, officials, agents, employees and volunteers from and against any damages and liability owed to a third party(including all related costs and reasonable attorneys'fees)resulting from any Claim(as defined below), but only to the extent that one or more of the insurance policies described in Section 5 (Insurance)of this Agreement provides coverage for such Claim, and only to the extent of any insurance proceeds received by BAC under such insurance policies. For the purposes of this Section, "Claim"means any third party claim, demand or action occasioned by, growing out of, or arising or resulting from any act or omission on the part of BAC, its officers, agents, subcontractors, employees,representatives, or anyone directly or indirectly acting on behalf of BAC, arising or resulting from the performance or failure of performance of any services required herein to be performed by BAC or arising or resulting from the use,management, supervision and/or operation of Aquatic Facility by BAC, its officers, agents, subcontractors, employees, representatives, or anyone directly or indirectly acting on behalf of BAC, or arising or resulting from use of the pool,buildings or improvements or any other part of Facility by any person or persons, regardless of whether caused in part by a party indemnified hereunder. 10. Liability 10.1 EXCEPT AS PROVIDED IN SECTION 10.3,NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT OR SPECULATIVE OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTIONS, AND LOSS OF INCOME OR PROFITS, IRRESPECTIVE OF WHETHER IT HAD AN ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. 10.2 EXCEPT AS PROVIDED IN SECTION 10.3, EACH PARTY'S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT OR ANY OTHER THEORY OF LAW, WILL BE LIMITED TO $20,000. 10.3 The limitations and exclusions set forth in Sections 10.1 and 10.2 will not apply with respect to: (a)damages attributable to a party's intentional torts; or(b)third party claims that are subject to indemnification pursuant to Section 9. 11. Miscellaneous 11.1 Governing Law and Venue. This Agreement shall be deemed to have been executed in the State of California, and will be interpreted and construed in accordance with the substantive laws of the State of California. For any litigation relating to this Agreement, the Parties irrevocably submit to the exclusive jurisdiction of and venue in the Superior Court of the State of California, San Mateo County. 11.2 Assignment. BAC may not assign, transfer or delegate any of its rights or duties under this Agreement to any other party without the City's prior written consent. 11.3 Force Majeure. A party's obligations under this Agreement will be excused if an event beyond the reasonable control of that party delays or prevents that party, directly or indirectly, from performing its obligations under this Agreement(e.g., strike, boycott, labor dispute, embargo, shortage of energy or materials, failure of pool-related mechanical equipment, acts of God, acts of BAC Agreement Page 12 of 15 a public enemy, acts of superior governmental authority, weather conditions, riot,rebellion, sabotage). 11.4 Non-Discrimination. BAC shall not discriminate in the provision of services under this Agreement because of color, race, creed,national origin., religion, sex, sexual orientation, age or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d)American with Disabilities Act(42. U.S.C. Section 12131 et seq.), and all other applicable local, state, and federal laws and regulations requiring "no discrimination". 11.5 Notices. Any notice, demand, request, consent, or approval that either party may or is required to give the other, shall be in writing and shall be either personally delivered or, sent by prepaid first class mail addressed as follows: For BAC: Executive Director Burlingame Aquatic Club P.O. Box 281 Burlingame, CA 94010 For City: City Manager City of Burlingame 850 Burlingame Avenue Burlingame, CA 94010 11.6 Relationship of the Parties. BAC is acting as an independent contractor. BAC has the sole right and obligation to supervise,manage, contract, direct, procure,perform or cause to be performed all work to be performed by BAC personnel under this Agreement. BAC is not an agent or partner of the City and has no authority to represent or bind the City as to any matters except as expressly authorized in this Agreement. BAC personnel shall not be entitled to any benefits payable or rights granted to City employees. 11.7 Waiver. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right,power or remedy. If a party waives any right,power or remedy,the waiver will not waive any successive or other right,power or remedy that party may have. 11.8 Entire Agreement. This Agreement,together with all Exhibits attached hereto constitute the entire Agreement between the Parties and all other representations or statements heretofore made, verbal or written, are merged herein. This Agreement may be amended only in writing, and executed by duly authorized representatives of the Parties hereto. 11.9 Non-Waiver of Eights. No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver-of-any subsequent default of any of the terms, covenants, or conditions, herein contained, to be performed, kept, and observed by the other party. 11.10 Headings. The headings of the articles and sections of this Agreement are inserted only as a matter of convenience and for reference and do not define or limit the scope or intent of any provisions of this Agreement, and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 11.11 Notice of Third Pgiy Claims. Each party shall promptly notify the other party in writing of (a) any personal injury or accident claim by a third party for an amount in excess of ONE BAC Agreement Page 13 of 15 THOUSAND DOLLARS($1,000.00), and(b)any third-party lawsuit of which the party becomes aware that may reasonably affect the Parties'relationship under this Agreement. The Parties' respective employees will be deemed"third Parties"for purposes of this Section. 11.12 District Agreement. This Agreement is subject to the terns and conditions of the District Agreement, which is hereby incorporated herein and a copy of which is attached as Exhibit A. The District may, in its sole discretion, preempt usage of the Aquatic Facility. The District may alter or adopt rules and regulations governing the Aquatic Facility that may affect the performance of this Agreement. If the District Agreement is terminated, this Agreement shall terminate as of the effective date of termination of the District Agreement. 11.13 Conflict of Interest. (a) General. BAC represents that neither it nor any of its officers,partners or employees have a financial interest(as defined in section 87103 of the Government Code)in the subject-matter of this Agreement, other than the right to receive payment as authorized by the City under this Agreement, for the services performed. (b) Concessions. No director, officer, employee or subcontractor of BAC shall have any interest in any Snack Shack activities at the Aquatic Facility,nor in any contract involving the Aquatic Facility, without the City Manager's prior approval. (c) Gifting. Neither BAC,nor any of its officers, employees, agents or subcontractors, shall offer any gift, entitlement or consideration to any officer, employee or contractor of the City, unless such gift, entitlement or consideration is available to the general public or is part of a written, public agreement between the City and BAC. 12. Dispute Resolution Any dispute among the parties hereto involving any matter arising under this Agreement shall be resolved as follows: (1) first by mediation with a mutually agreed, third-party mediator; (2) in the event that mediation does not fully resolve the dispute,then by binding arbitration held in San Mateo County, California, by a single arbitrator in accordance with the then current rules of Judicial Arbitration and Mediation Services("JAMS")or such other arbitral body as the parties may mutually agree. The arbitrator shall have authority to fashion such just, equitable and legal relief as the arbitrator, in his or her sole discretion,may determine. The decision of any arbitrator pursuant to this Section shall be made in accordance with the laws of the State of California and shall include the determination of a prevailing party, if any. With respect to any arbitration proceeding covered by this Section, the prevailing party shall be entitled to recover all costs and expenses, including any amounts necessary to enforce the final determination and reasonable attorneys'fees incurred in connection with such proceedings. BAC Agreement Page 14 of 15 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective officers as of the date first written above. THE BURLINGAME AQUATIC CLUB,INC. CITY OF BURLINGAME By: By: Name: Name: Title: Title: Attest: Secretary Attest: City Clerk Approved as to form: City Attorney BAC Agreement Page 15 of 15 BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD B.URLINGAME BURLINGAME,CA 94010 Staff Report Agenda item Meeting Date Y- 17—/ To: Honorable Mayor and City Council Date: August 18, 2014 From: Leslie Loomis, Human Resources Director - (650) 558-7209 Subject: Adoption of a Resolution Authorizing the Reclassification of an Associate Planner Position to a Senior Planner Position RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the reclassification of an existing Associate Planner position to a Senior Planner position in the Community Development Department. BACKGROUND The adopted FY 2014-15 budget includes funding for an Associate Planner position. That position became vacant on August 8, 2014. Due to the magnitude and complexity of the Planning Division's workload, staff recommends the City hire a Senior Planner, rather than an Associate Planner, when it fills the vacant position. DISCUSSION As a result of the Associate Planner's resignation, the Division now has one full-time Senior Planner, a Planning Manager and a half-time Planner. A Planner position was eliminated in 2008 due to the downturn in the economy. Unlike other communities in the Bay Area, however, the City of Burlingame did not experience a decrease in development activity during the recession. Staff has been able to process the steady flow of planning and building permit applications during this period, but work on long-range planning has been delayed to allow the more immediate current planning applications to be processed and reviewed by the Planning Commission. During the past year, the Planning Division has received a number of large-scale residential and commercial developments that require the attention of a highly experienced Planner to shepherd the projects through the City's detailed development review process in a timely manner. The work involved in processing these complex projects requires the knowledge and experience of a highly qualified Planner who has worked extensively with the California Environmental Quality Act (CEQA). As a result, the Planning Division needs to hire an experienced Planner to manage the current and anticipated work demands. The minimum requirements for an Associate Planner are an undergraduate degree in Planning and three years of experience with current and/or advanced planning. The Senior Planner position requires a minimum of five years of experience in development review and advanced planning. At the Senior Planner level, the incumbent will be expected to have a well-rounded portfolio in current planning, development review and advanced planning. It is crucial that the Planning Division hire someone with the breadth of experience that will allow him/her to contribute to the Division with minimal training and oversight. City of Burlingame Page 1 of 2 Printed on 8/11/2014 pawe?e f oy i_eg star"' FISCAL IMPACT The top monthly top step for an Associate Planner is $7,548/month, and the top step for a Senior Planner is $9,157/month. If the reclassification is approved, the salary/wages impact to the Community Development Department is an additional $20,000 a year to cover the higher salary and the benefit roll-up costs. The Department anticipates having sufficient funds in its budget to cover the additional $20,000 as a result of salary savings from the current vacancy. The position will be vacant for approximately three months while the City conducts the recruitment. Staff will revisit the funding during the mid-year budget process and will transfer funds from the Planning Division's "Professional and Specialized Services" line item if needed. Exhibit: • Resolution City of Burlingame Page 2 of 2 Printed on 8/11/2014 Pc.4e!e,7 _egsta* RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE RECLASSIFICATION OF AN ASSOCIATE PLANER POSITION TO A SENIOR PLANNER POSITION WHEREAS, the FY 2014-15 Community Development Department Budget includes funding for an Associate Planner position;and WHEREAS,this position became vacant on August 8,2014;and WHEREAS,due to the magnitude and complexity of the Planning Division's workload, staff recommends the City hire a Senior Planner, rather than an Associate Planner,when it fills the vacant position;and WHEREAS,the Community Development Department has the funds to pay for the higher salary/wages impact of$20,000 due to the three-month period the position will be vacant while the recruitment is conducted;and WHEREAS,a Senior Planner will have the experience in current planning,development review and advanced planning that the Planning Division needs to meet the current and anticipated work demands,and WHERAS, City Council authorization is required to reclassify the Associate Planner position to a Senior Planner position. NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of Burlingame does hereby reclassify the Associate Planner position to a Senior Planner. Michael Brownrigg,Mayor I,MARY ELLEN KEARNEY,City Clerk of the City of Burlingame,do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 18th day of August 2014,and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Mary Ellen Kearney,City Clerk BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD 11 �1NGAE BURLINGAME, CA 94010 Staff Report p Agenda Item Meeting Date B - 19 - I To: Honorable Mayor and City Council Date: August 18, 2014 From: Leslie Loomis, Human Resources Director - (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Execute Side Letter Agreements with AFSCME Local 2190 and 829, BAMM, and Department Heads and Unrepresented Classifications RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to amend the AFSCME Local 2190 and 829 Memorandums of Understanding (MOU), the BAMM MOU, and the Department Heads and Unrepresented Classifications Compensation and Benefit Plan to include the attached side letter agreements. City Council authorization is needed to adopt the side letters attached to the resolution. BACKGROUND Over the past several months, the City has met with representatives from AFSCME Local 829 and 2190 and BAMM on a variety of issues related to their labor agreements. The City and the Unions (AFSCME) and Association (BAMM) and Department Heads and unrepresented classifications have reached agreement on the issues, and those agreements have been memorialized in the attached side letters. The various agreements are either within the authority the City Council granted during the last set of labor negotiations or involve language clarification to correct clerical issues. DISCUSSION The first side letter addresses a clerical error in the AFSCME Local 829 MOU. When the MOU was typed, a paragraph was inadvertently added that should not have been. The added paragraph contradicts the language that was negotiated and approved by the City and AFSCME. To correct this problem, Section 8.2.3 needs to be deleted from the MOU. The paragraph that needs to be deleted states that the retiree medical benefit for employees hired after March 31 , 2008 and before January 2012 is different than the one the City Council authorized. The second issue involves the "Me Too" clause on retiree medical contributions. The City and AFSCME agreed to this clause during the last contract negotiations. Under the agreement, if the Burlingame Police Officers Association (BPOA) receives a retiree medical benefit that exceeds the retiree medical benefit that was negotiated for the current employees in AFSCME, the City shall apply the BPOA negotiated retiree medical benefit to the other bargaining units. The City intended that all employees have the same level of benefit for administrative purposes, thus the BAMM and Management unit contracts also need to be amended City of Burlingame Page 1 of 2 Printed on 8/12/2014 IV powe ed •v i.eg sI a; accordingly. (The Teamsters bargaining unit is not included in this "Me too clause" due to the timing of the Teamsters negotiations.) The attached side letters for AFSCME Local 829 and 2190, BAMM and the Department Heads and Unrepresented Classifications Unit amend retiree medical for these units to mirror the benefit in the BPOA contract. The third issue involves a language error in the AFSCME Local 829 and 2190 Memorandums of Understanding involving the issuance date of floating holidays. The City's long-standing practice has been to base the two floating holidays on the fiscal year. The AFSCME MOU states that floating holidays are based on the calendar year. The City and AFSCME support the past practice of using the fiscal year instead of the calendar year. The attached side letters clarify that floating holidays are granted on July 1 of each year and expire June 30 of the following year. FISCAL IMPACT There is minimal cost to the retiree medical benefit change, and it is difficult to quantify because the City does not know what health plan retirees will select and what the health plan rates will be as they change annually. Staff estimates that the additional cost will not exceed $20,000 a year. Exhibits: 1. Resolution 2. May 14 Side Letter Between AFSCME Local 829 and the City 3. May 20, 2014 Side Letter Between AFSCME Local 2190 and the City 4. June 5, 2014 Side Letter Between AFSCME Local 2190 and the City 5. May 20, 2014 Side Letter Between AFSCME Local 829 and the City 6. June 5, 2014 Side Letter Between AFSCME Local 829 and the City 7. June 19, 2014 Side Letter Between BAMM and the City 8. August 2, 2014 Side Letter Between the Department Head and Unrepresented Classifications Unit and the City City of Burlingame Page 2 of 2 Printed on 8/12/2014 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE LETTER AGREEMENTS WITH THE CITY AND AFSCME LOCAL 829 AND 2190,BAMM AND DEPARTMENT HEADS AND UNREPRESENTED CLASSIFICATIONS WHEREAS, representatives for the City of Burlingame and representatives from the American Federation of State, County and Municipal Employees (AFSCME), the Burlingame Association of Middle Managers and the Department Head and Unrepresented Classifications have met and agreed to modify their existing labor agreements to include side letters between the parties for specific situations only,on a non-precedent setting basis;and WHEREAS, the City has bargaining units and must meet on matters that fall under purview of the Meyers-Milias-Brown Act;and WHEREAS,in prior rounds of labor negotiations,the City agreed to a"Me Too"clause on retiree medical benefits,and the bargaining units have chosen to exercise that"Me Too"clause as a result of changes to the Police Officers Association retiree medical benefit;and WHEREAS, the City and the bargaining units also reached agreement to amend the existing Memorandums of Understanding for the two AFSCME units and the BAMM unit and to amend the Department Head and Unrepresented Classifications Compensation and Benefit Plan to change the retiree medical contribution to match the contributions that the Police Officers Association negotiated due to a "Me Too' clause agreed to during the last contract negotiations and to correct language errors in the memorandums of understanding,and WHEREAS,these changes can be effectuated through the signing of side letters with the various groups;and WHEREAS,the provisions agreed to in the side letters are within the authority the City Council provided during the last round of labor negotiations;and WHERAS,City Council approval is required to authorize the City Manager to execute the attached side letter agreements. NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of Burlingame does hereby authorize the City Manager to execute the attached side letter agreements with AFSCME 829,2190,BAMM and the Department Heads and Unrepresented Classifications. Michael Brownrigg,Mayor I,MARY ELLEN KEARNEY,City Clerk of the City of Burlingame,do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 18th day of August 2014,and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Mary Ellen Kearney,City Clerk SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 829 AND THE CITY OF BURLINGAME May 14, 2014 Representatives for the City of Burlingame and representatives for American Federation of State, County and Municipal Employees (AFSCME) Local 829 have met and agree to modify the Memorandum of Understanding between the parties, which expires on Tune 30, 2015, for thefollowingspecific situation only; on a non-precedent setting basis: Back r�oun,d A clerical error was made when the AFSCME 829 January 2012 to June 2015 Memorandum of Understanding was typed. Section 8.2.3 was not discussed during the negotiations therefore no changes to that Section should have been made. The language that was added due to this clerical error contradicts the second paragraph of the section which was negotiated and approved by the City Council. To correct this problem the first paragraph of Section 8.2.3 needs to be deleted from the MOU as follows: 8.2.3 Retiree Medical for Employees Hired after March 31, 2008, but before January 2012, New employees hired on or after the effective date of the 2.5% at 55 retirement formula (March 31, 2008) will receive a retiree medical benefit based on years of service with the City as follows:: 10 years of service = an amount equal to 1001% of employee only lowest cost premium, less PERS required MEC 15 years of service = an amount equal to 75% of employee + l lowest cost premium, less PERS required MEC 20 years of service = an amount equal to 140% of employee + l lowest cost premium, less PERS required MEC March 31, 2008 was added to indicate the effective date of the 2.5% at 55 retirement formula for clarification purposes. If the foregoing is in accordance with your understanding, please indicate your approval and acceptance in the space provided below. Approved and Accepted: For AFSCME Local 829 For City of Burlingame ley-A Date:' ~- Date: 7 SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 2190 AND THE CITY OF BURLINGAME May 20,2014 Representatives for the City of Burlingame and representatives for American Federation of State,County and Municipal Employees(AFSCME)Local 2190 have met and agree to modify the Memorandum of Understanding between the parties,whichexpires on June 30,2015,for the following specific situation only: Background A language error was recently found in the AFSCME Local 2190 Memorandum of Understanding. Section 10.2 of the MOU states that eligible employees receive two floating holidays per calendar year_The City has a long standing practice to make the two floating holidays available for use on July 1 of each year. Therefore the language in the MOU which states"calendar year"should state"fiscal year"to reflect the past practice. There is no fiscal impact to this proposed change. If the foregoing is in accordance with your understanding,please indicate your approval and acceptance in the space provided below. Approved and Accepted For AFSCME Local 2190 For City of Burlingame LENI s r - Date: Date: 0 SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 2190 AND THE CITY OF BURLINGAME June 5,2014 Representatives for the City of Burlingame and representatives for American Federation of State, County and Municipal Employees(AFSCME)Local 2190 have met and agree to modify the Memorandum of Understanding between the parties,which expires on June 30 2015,for the following specific situation only,on a non-precedent setting basis: Background The City and AFSCME Local 2190 agreed to a"Me Too"Clause on retiree medical contributions during the last contract negotiations. The language states"If the BPOA receives a retiree medical benefit that exceeds the retiree medical benefit that has been negotiated for the current employees in AFSCME, then the City shall apply the BPOA negotiated retiree medical benefit to the employees in the bargaining unit represented by AFSCME". The City and the Burlingame Police Officers Association negotiated a retiree medical benefit that exceeds the AFSCME retiree medical benefit. To address this"Me Too Clause"The City and AFSCME met and agreed to amend Section 8.1.2 of AFSCME Local 2190 as follows: Retire Medical for Employees Hired Prior to March 31,2008 and Retire prior to January 1,2015 Employees hired prior to March 31,2008 who retire prior to January 1,2015 with a minimum of five(5)years of service with the City will receive a retiree medical benefit up to the actual enrollment in single, 2 party or family up to the Kaiser family rate. Retire Medical for Employees Hired Prior to March 31,2008 and Retire on or after January 1,2015 Effective January 1,2015 employees hired prior to March 31, 2408 and retire on or after January 1,2015,who retire from the City with five(5)years of City service,will receive a retiree medical benefit as follows: The City will contribute up to the Bay Area Region premiums for Blue Shield Access HMO Single for single retirees;Blue Shield Two-Parry for retiree plus one; Kaiser Family for retiree plus two or more. For eligible retirees who are 65 years of age or older and enrolled in Medicare,the City contribution will be equivalent to the premium for the Bay Area Region for Blue Shield access FIMO for single retirees; Blue Shield for two party,or Kaiser for family coverage, as applicable. If the foregoing is in accordance with your understanding,please indicate your approval C� and acceptance in the space provided below. Approved and Accepted: For AFSCME.Local 2190 For City of Burlingame &ILI d(AA eA Date: Date: SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 829 AND THE CITY OF BURLINGAME May 20,2014 Representatives for the City of Burlingame and representatives for American Federation of State, County and Municipal Employees(AFSCME)Local 829 have met and agree to modify the Memorandum of Understanding between the parties,which expires on June 30;2015,for the following specific situation only: Background A language error was recently found in the AFSCME Local 829 Memorandum of Understanding.Section 10.2 of the MOLT states that eligible employees receive two floating holidays per calendar year.The City has a long standing practice to make the two floating holidays available for use on July 1 of each year. Therefore the language in the MOU which states"calendar year"should state"fiscal year"to reflect the past practice. There is-no fiscal impact to this proposed change. If the foregoing is in accordance with your understanding,please indicate your approval and acceptance in the space provided below. Approved and Accepted: For AFSCME Local 829 For City of Burlingame Date. lZ-` ` L� Date: c i - SIDE LETTER AGREEMENT BETWEEN AFSCME LOCAL 829 AND THE CITY OF BURLINGAME June 5,2014 Representatives for the City of Burlingame and representatives for American Federation of State,County and Municipal Employees(AFSCME)Local 829 have met and agree to modify the Memorandum of Understanding between the parties, which expires on June 30, 2015,;for the following specific situation only,on anon-precedent setting basis: Background The City and AFSCME Local 829 agreed to a"Me Too" Clause on retiree medical contributions during the Iast contract negotiations. The language states""If the BPOA receives a retiree medical benefit that exceeds the retiree medical benefit that has been negotiated for the current employees in AFSCME,then the City shall apply the BPOA negotiated retiree medical benefit to the employees in the bargaining unit represented by AFSCME". The City and the Burlingame Police Officers Association negotiated a retiree medical benefit that exceeds the AFSCME retiree medical benefit. To address this"Me Too Clause The City and AFSCME met and agreed to amend Section 8.2.2 of AFSCME Local 829 as follows: Retire Medical for Employees Hired Prior to March 31,2003 and Retire prior to January 1,2015 Employees hired prior to March 31,2008 who retire prior to January 12015 with a minimum of five (5)years of service with the City will receive a retiree medical benefit up to the actual enrollment in single, 2 party or family up to the Kaiser family rate. Retire Medical for Employees Hired Prior to March 31,2008 and Retire on or after January 1,2015 Effective January 1,2015 employees hired prior to March 31, 2008 and retire on or after January 1,2015,who retire from the City with five(5)years of City service,will receive a retiree medical benefit as follows: The City will contribute up to the Bay Area Region premiums for Blue Shield Access HMO Single for single retirees; Blue Shield Two-Party for retiree plus one; Kaiser Family for retiree plus two or more. For eligible retirees who are 65 years of age or older and enrolled in Medicare,the City contribution will be equivalent to the premium for the Bay Area Region for Blue Shield access HMO for single retirees; Blue Shield for two party,or Kaiser for family coverage, as applicable. If the foregoing is in accordance with.your understanding,please indicate your approval and acceptance in the space provided below. Approved and Accepted: For AFSC E 'cal 8 9 For City of Burlingame 01 lejN l Date.- Date: SIDE LETTER AGREEMENT BETWEEN BURLINGAME ASSOCIATION OF MIDDLE MANAGERS AND THE CITY OF BURLINGAME June 19,2014 Representatives for the City of Burlingame and representatives for Burlingame Association of Middle Managers (BAMM)have met and agree to modify the Memorandum of Understanding between the parties,which expires on December 31, 2015,for the following specific situation only,on anon-precedent setting basis: 2.1.5 Retiree Medical for Employees Hired Prior to March 31, 2008 and Retiree on or after January 1,2015 Effective January 1,2015 employees hired prior to March 31,2008 and retire on or after January 1, 2015 with five(5)years of City service,will receive a retiree medical benefit as follows: The City will contribute up to the Bay Area Region premiums for Blue Shield Access HMO Single for single retirees;Blue Shield Two-Parry for retiree plus one; or Kaiser Family for retiree plus two or more. Eligible retires who are 65 years of age or older must enroll in Medicare.The City will contribute up to the Medicare supplement plan premium for the Bay Area Region for Blue Shield access HMO for single retirees;Blue Shield Two-Party for retiree plus one, or Kaiser for retiree plus two or more. If the foregoing is in accordance with your understanding,please indicate your approval and acceptance in the space provided below. Approved and Accepted: Forr BjAAMM For City of Burlingame Date: �S 1 t Date: SIDE LETTER AGREEMENT BETWEEN DEPARTMENT HEAD&UNREPRESENTED CLASSIFICATIONS AND THE CITY OF BURLINGAME August 2,2014 Representatives for the Department Head and Unrepresented Classifications group agree to modify the Compensation and Benefit Plan, for the following specific situation only, on a non-precedent setting basis: Background The Department Head and Unrepresented Classifications group agree to amend section 3.2.2 Retiree Medical for Employees Hired Prior to March 31, 2008 and Retire on or after August 1,2012 as follows: Retiree Medical for Employees Hired Prior to March 31,2008 and Retire before January 1, 2015 The City will pay the monthly medical premium contribution up to actual enrollment in single, 2 party or family up to the Kaiser family rate. Retiree Medical for Employees Hired Prior to March 31,2008 and Retire on or after January 1,2015 Effective January 1,2015 employees hired prior to March 31,2008 and retire on or after January 1,2015 with five(5)years of City service,will receive a retiree medical benefit as follows: The City will contribute up to the BE Area Region premiums for Blue Shield Access HMO Single for single retirees,Blue Shield Two-Party for retiree plus one-, or Kaiser Family for retiree plus two or more. Eligible retires who are 65 years of age or older must enroll in Medicare. The City will contribute up to the Medicare supplement plan premium for the Bay Area Region for Blue Shield access HMO for single retirees; Blue Shield Two-Party for retiree plus one or Kaiser for retiree plus two or more. If the foregoing is in accordance with your understanding,please indicate your approval and acceptance in the space provided below. Approved and Accepted: For Department Head and Unrepresented Employees For City of Burlingame x � � Date: j ' 7 Date: f ' f BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLE BURLINGAME,CA 94010 Staff Report- Agenda Item Meeting Date 4 To: Honorable Mayor and City Council Date: August 18, 2014 From: Ana Silva, Executive Assistant - (650) 558-7204 Subject: Consideration of Appointments to the Library Board of Trustees RECOMMENDATION Staff recommends that the City Council appoint Kerbey Altmann and Mike Nagler to fill two vacancies on the Library Board of Trustees or take other action. BACKGROUND The vacancies are due to two expired terms. The two incumbents did not re-apply. The vacancies were publicized, and notification letters were sent to past Commission applicants. Three applications were received as of the deadline of June 20, 2014 but one applicant withdrew. The following two applicants were interviewed by the Council on August 12, 2014, Kerbey Altmann and Mike Nagler. The appointee terms will be for four years, ending on June 30, 2017. The City Council's Commission appointment procedure calls for the members of the City Council to fill out ballots indicating whom they wish to appoint to the Board or Commission. Given that there are only two applicants for two seats on the Board, staff recommends that the City Council forego the ballot procedure and appoint the two candidates. City of Burlingame Page 1 of 1 Printed on 8/11/2014 powered by Legistar— BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD B IU RLINGAME BURLINGAME,CA 94010 Staff Report P Agenda Item 31- Meeting Date L-33,14- To: Honorable Mayor and City Council Date: August 18, 2014 From: Syed Murtuza, Director of Public Works - (650) 558-7230 Subject: Issue a Call for Applications to Fill Two Impending Vacancies on the Storm Drain Measure Oversight Committee RECOMMENDATION Staff recommends that the City Council issue a call for applications to fill two impending vacancies on the Storm Drain Measure Oversight Committee. The recommended deadline date for closing the applications is September 30, 2014. This will allow sufficient time for Council interviews and selection at a City Council meeting as well an orientation for Committee members prior to the next meeting, which will be held in early 2015. BACKGROUND The Storm Drain Measure Oversight Committee consists of three members. The terms of two members, Neal Kaufman and Rudy Horak, expired in January 2014. (The Oversight Committee generally meets once a year and last met in January 2014.) The City's current committee appointment procedure calls for any Committee member desiring reappointment to apply in the same manner as all other candidates. The current Committee members will be invited to reapply if they wish to serve again. All past applicants will be informed of the vacancies. Additionally, staff will send a press release to local newspapers and place a notice on the City's eNews inviting applications. FISCAL IMPACT None City of Burlingame Page 1 of 1 Printed on 8/11/2014 ,o*ered by l_eg.:!,ar`,., BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME, CA 94010 BURLINGAME Staff Report Agenda Item Meeting Date - /Y To: Honorable Mayor and City Council Date: August 18, 2014 From: William Meeker, Community Development Director - (650) 558-7255 Kathleen Kane, City Attorney -(650) 558-7204 Subject: Review and Comment on Draft 2015-2023 Housing Element Update and Authorize the Community Development Department to Submit the Document to the State Department of Housing and Community Development for Review and Certification RECOMMENDATION The City Council should review the Draft Housing Element Update, conduct a public hearing, and consider public input on the contents of the Draft Housing Element. At the conclusion of the hearing, the City Council should: 1. Provide direction about any changes to be made to the proposed draft document; and 2. Authorize the Community Development Department to submit the document, with any suggested changes, to the State Department of Housing and Community Development for review and certification. BACKGROUND By State mandate, each city and county in the Bay Area Region of California is required to plan for the housing needs for its share of the expected new households over the next eight years as well as for the housing needs of all economic segments of each jurisdiction's population. This planning is being done in Burlingame by updating the City's adopted 2009-2014 Housing Element of the General Plan. The Housing Element serves as a guiding document for new housing development, how the City allocates resources for new housing, and housing-related services during the period from 2015-2023. DISCUSSION The Draft Housing Element includes a Housing Inventory Sites list that demonstrates how the City could accommodate its Regional Housing Needs Allocation (RHNA) of 863 units, and contains policies and programs to encourage developers in the production of housing. The sites selected are concentrated in the Downtown Burlingame area near the Caltrain station and in the North Burlingame area, near the Millbrae Intermodal Station. Since the adoption of the most recent Housing Element and the Downtown Specific Plan, implementing zoning is now in place so that all of the identified potential housing sites can be accommodated within the existing zoning for these sites. City of Burlingame Page 1 of 8 Printed on 8/13/2014 powered by LegistarTM Public Process:Broad-based community participation is essential to preparing an implementable and locally meaningful housing policy and action program. After compiling data on Burlingame's housing needs and demographics, the City held two community workshops to receive input from the community about Burlingame's housing needs and potential housing sites.Summaries of the two workshops are included in the Draft Housing Element document. Review of Draft 2015-2023 Housing Element:California State Housing Element law requires each city and county to update its housing element every five to eight years to ensure that all localities provide adequate development sites for sufficient new housing to meet their fair share of the regional housing need.As part of the Regional Housing Needs Allocation (RHNA) process overseen by the Association of Bay Area Governments (ABAG), the City of Burlingame was assigned a quantified goal of 863 housing units. This represents the City's "fair share" of projected housing need for the 2015-2023 planning period, distributed among the following income groups:extremely low(138 units),very low(138 units),low(144 units),moderate (155 units)and above moderate(288 units)income categories.San Mateo County as a whole was designated 16,418 housing units,which is 8.7 percent of the Bay Area allocation. Housing Element law is the State's primary strategy to increase housing supply,choice,and affordability.The Housing Element identifies the existing and projected housing needs of all economic segments of the community, including the homeless and persons with disabilities,and promotes a variety of housing types, including multifamily rental units, transitional, and other types of supportive housing. The Housing Element also defines the policies and programs that the community will implement to achieve its housing goals and objectives. It is important to note that Housing Element law only requires the City to provide residential zoning opportunities to accommodate its RHNA allocation, it does not require the City to approve or itself construct such housing. However, the programs and policies in the Housing Element must present a reasonable framework for entities wanting to build housing,and should represent a good-faith effort to address market and regulatory constraints. Cities and counties without compliant housing elements may be faced with legal challenges pursuant to Housing Element law and/or fair housing law. In addition, many State housing, transportation and infrastructure funding programs available to local governments require a certified Housing Element as one of the eligibility criteria.The State's sustainable communities law(known as SB 375)to reduce greenhouse gases contains further incentives for cities to submit compliant Housing Elements by conditioning key transportation grants to compliant elements and by extending the time frame of the housing cycle for cities with certified elements. The Housing Element is a subset of the General Plan. Relevant policies in the Housing Element, along with policies from the other elements of the General Plan, provide the overall guidance to address neighborhood compatibility, location, density, design, environmental constraints, and public services for new housing opportunities.The document contains five mandatory components including a Housing Needs Assessment, which identifies the City's existing and projected housing needs;a sites inventory analysis including a detailed land inventory and analysis of potential housing sites; an analysis of constraints on housing, both governmental and non-governmental;housing programs and quantified objectives. Within the Housing Element, the Profile of the Community identifies current and past trends in Burlingame regarding the demographic profile of the City, housing characteristics and employment patterns, and it City of Burlingame Page 2 of 8 Printed on 8/13/2014 contains the Housing Needs Assessment identifying the components of the City's housing stock and the residents' needs. The Housing Constraints section identifies governmental, market and environmental-related constraints to the development of housing, and offers solutions to alleviate the restrictions. The Community Resources and Opportunities section identifies the potential development sites for housing within the city, any required changes to the zoning of those sites, public infrastructure capacity, financial resources and opportunities for energy conservation. The Housing Goals, Policies and Action Programs section outlines key program accomplishments from the 2009-2014 Housing Element and creates a road map for implementation of the policies and programs for the current Housing Element update. Ke3�Changes to the Housing Sites Inventory : The housing sites inventory includes many of the same sites that were identified as appropriate for housing in the 2009-2014 Housing Element. There are a few new sites identified in the Downtown area, based on the adopted Downtown Specific Plan. These sites include the Post Office site, City Parking Lots E, F & N, and the City Hall site. In the North Burlingame area, the vacant portion of the Peninsula Hospital site and an adjacent site on Marco Polo Way, and the gas station site at the corner of EI Camino Real and Murchison have been identified. Other sites in the Downtown area have been included where there are active proposals submitted now under review. Goals. Policies and Action Programs : The updated 2015-2023 Housing Element carries over many of the Goals, Policies and Action Programs from the previous Housing Element. These include goals to preserve the character of existing neighborhoods; remove barriers to housing choice based on discrimination; provide housing opportunities for City employees, teachers, hospital workers, and others in the service industry; provide incentives to developers to include affordable units in new residential projects; encourage special purpose housing for the elderly, the disabled population, and single-parent households; reduce residential energy use to conserve energy and reduce housing costs; and to provide programs to increase affordability of housing. New programs proposed to be added to achieve these goals include the following: • Program H(A-3) - Allow fee waivers for affordable rehabilitation : Consider amendment to the Master Fee Schedule to allow for waiver of permit fees for rehabilitation of affordable housing achieved through San Mateo County programs or through non-profit agencies. • Propr_am H(8-2) - Implement an outreach program_ho disabilities : Work with the Golden Gate Regional Center, a state-funded nonprofit organization serving individuals with developmental disabilities in Marin, San Francisco and San Mateo counties, to implement an outreach program that informs families in Burlingame about housing and services available for persons with disabilities. The program could include the development of an informational brochure, providing information on services on the City's website, and providing housing-related training for individuals/families through workshops. • Program H(C-3) - Consider adoption of a commercial in-lieu fee : Consider adopting a commercial impact in-lieu fee that would require developers of employment-generating commercial and industrial developments to contribute to the supply of low- and moderate-income housing through the provision of commercial in-lieu fees as prescribed in a nexus impact fee study. • Program H(C-4) - Consider adoption ofa residential in-lieu fee option : Consider adopting a residential City of Burlingame Page 3 of 8 Printed on 8/13/2014 ;.Leg s.a `" in-lieu fee as an alternative to providing affordable units on-site. • Program H(F-3) - Create Priority Development Area (PDA) Housing Overlay Zone : Amend the zoning code to create a "Priority Development Area Housing Overlay Zone" to establish standards and incentives for housing in the portions of the community zoned for high density residential and/or mixed use development that are adjacent to transit corridors and transit centers. Specific standards to be considered are densities, development standard incentives, parking requirements, building heights, and transitions with adjacent lower-density residential neighborhoods. The Priority Development Area covers the North Burlingame area, the EI Camino Real and California Drive corridors, and the Downtown Specific Plan area. Accomplishments Achieved Based on the 2009-2014 Action-Program : Burlingame's 2009-2014 Housing Element action program contained a number of items that have been accomplished. Among the programs implemented during the planning period were: • Reasonable Accommodation for Accessibility : The zoning code was amended to include a Reasonable Accommodation for Accessibility procedure, which establishes a process by which an individual with a disability may request modifications to development standards to install physical improvements (such as ramps, handrails, elevators or lifts) necessary to accommodate the disability. • Emergency Shelters : The zoning code was amended to permit emergency shelters by right within the northern part of the Rollins Road (RR) zoning district subject to performance standards. This area was identified as appropriate for emergency shelters because it is near services and transportation (close to the Millbrae BART/Caltrain Station). • Transitional and Supportive Housing The zoning code was amended to include definitions for transitional and supportive housing as outlined in State law, and to specify that these uses are considered a residential use subject to the same restrictions as other residential uses of the same type in the same zone district. • SecQnrlary Dwelling Units : The zoning code was amended to allow secondary dwelling units on certain lots within the R-1 zone district, subject to performance standards. • Downtown Specific Plan Zoning Implementation: In addition, the Downtown Specific Plan was adopted as well as all implementing ordinances. The zoning implementation actions for the Downtown Specific Plan, which also implemented the Housing Element programs, include the following: ✓ Established a series of Mixed Use Zoning Districts in areas that were previously zoned exclusively for commercial uses. These districts would allow both mixed use buildings that include residential uses as well as stand-alone multiple family residential uses. ✓ Established an R-4 Incentive District adjacent to the Downtown Commercial core that allows taller buildings to encourage multiple family residential development. ✓ Established reduced parking requirements for any multiple family residential use within the City of Burlingame Page 4 of 8 Printed on 8/13/2014 Downtown area west of California Drive. ✓ Established a maximum average dwelling unit size throughout the Downtown area to encourage smaller, more affordable units. Related Initiatives : Concurrent with developing the Draft 2015-2023 Housing Element Update, staff has been working on related initiatives that will need to be implemented prior to final certification of the Housing Element in January 2015: • Density Bonus Ordinance and Inclusionary-Housing Ordinance : Planning staff is in the process of proposing an amendment to the zoning code to include a density bonus ordinance in accordance with State standards for the provision of housing units for very low- and lower-income renters, seniors and moderate income residents in compliance with Government Code Section 65915, et seq. The Density Bonus Ordinance must be adopted prior to final certification of the Housing Element in order for the City to qualify for streamlined review and to qualify for the 8-year review cycle (as opposed to a 4-year cycle). Concurrently, the City's existing Inclusionary Housing requirements as outlined in Chapter 25.63 of the Zoning Ordinance will be reviewed to ensure consistency with local and state legislative requirements, including an anti-rent control initiative passed in 1987. It is expected that the Density Bonus Ordinance will be considered by the Planning Commission in September, and by the City Council shortly thereafter. • Imp-act Fee Nexus Study : Burlingame has joined with other San Mateo County jurisdictions in a nexus and financial feasibility study to consider Housing Impact Fees to assess new market rate development for the increased demand that it creates for affordable housing. The nexus study is required for implementation of in-lieu fees, as well as to provide a legal basis to support the City's existing inclusionary housing requirements. The nexus study will be completed prior to final certification of the Housing Element. General Plan Qpdate : A comprehensive update of the City's General Plan is anticipated in the next two years. Staff is currently developing a Request for Proposals for qualified consultants to assist with the effort, and plans to engage the City Council in the work plan. Given that the 2015-2023 Housing Element is required to be adopted prior to the timeframe of the General Plan Update, the approach to the update of the Housing Element has been to work within existing land use and zoning designations. Current zoning and land use designations provide sufficient capacity to accommodate the City's RHNA targets, so it is not necessary to rezone or change land use designations. However, as part of the community engagement for the Housing Element, there has been interest in exploring housing opportunities in other areas of the community that do not currently allow residential use. The approach in the current Housing Element Update has been to suggest that any consideration of expanding residential uses be taken up as part of the General Plan Update, since any changes could impact other land uses and economic interests. The General Plan Update will provide a venue for considering such changes as part of a broader city-wide context that addresses housing needs as well as employment and economic development. PPl nninn Commission Action : On June 23, 2014, the Planning Commission, by a 6-0-0-1 vote City of Burlingame Page 5 of 8 Printed on 8/13/2014 u .u,;., Leg SL,rI (Commissioner DeMartini absent), recommended to the City Council that the Draft 2015-2023 Housing Element be submitted to the State Department of Housing and Community Development for review and certification. The Planning Commission and members of the public made the following comments regarding the Draft Housing Element. Commission Comments: • Based on the statistics in the Housing Element, it appears that there are about 30,000 jobs in Burlingame where the people who hold these jobs do not live here. Would like to know the number of service employees who work here but don't live here. • Would like to see a few clarifications in the chapter on Government Constraints: ✓ Clarify that there are other methods to handle storm drainage so that some of the runoff can be retained on site and all drainage does not have to be accommodated by the storm drain system. Alternative solutions could help affordability. ✓ Clarify that for energy conservation, Burlingame requires that new development must exceed Title 24 energy conservation requirements by 15 percent. ✓ Clarify that when several types of applications are required for a project, they are processed concurrently, therefore, the timelines for a project would not be as long as if they were processed sequentially. • In addition to the sites identified in the Draft Housing Element that are already zoned for multi-family residential use, consider adding a band of R-2 zoning behind the R-3 zoned properties along EI Camino Real to provide a transition and to add another type of housing opportunity. • Want to make sure that if in-lieu fees are established,there is a clear mechanism to show that the fees collected are used to achieve Housing Element goals. • Growth in Burlingame is limited by availability of sites, demand is now exceeding supply, and housing prices indicate that there is demand, so if the housing stock is increased perhaps there will be less price pressure. • The affordable requirements the City now has seem perfunctory and it seems the City could do more. It does not go far enough to add more affordable units. • There was a downturn in the economy during the last Housing Element cycle, there were projects approved that didn't go forward, which could partly explain why housing production was not greater. We are seeing more projects proposed now that the economy is improving. • Projects need to be well planned and crafted to fit into the neighborhood. • The Housing Element framework has been crafted to accommodate housing; it has to make sense to City of Burlingame Page 6 of 8 Printed on 8/13/2014 build the units. If it doesn't make sense, the units won't be built. With direction from the City Council, the Commission's clarifications to the text of the Governmental Constraints chapter can be incorporated into the Draft Housing Element when it is sent to the State Department of Housing and Community Development for review and certification. Public Comments : Prior to action on this item, the Commission received public testimony regarding the Draft Housing Element. Following is a summary of public comments: Want to make sure we maintain the quality of Burlingame's neighborhoods. There are no shabby neighborhoods now; what contributes to a shabby neighborhood is the appearance of the buildings and congested parking. Concerned with reducing parking standards, and how will that affect the quality of Burlingame's neighborhoods. • Burlingame appears to be focusing on a walkable urbanism, which relies on higher density and access to transportation. However, this density would be greater than what Burlingame can sustain. Transit oriented development relies on High Speed Rail and electrification of Caltrain in the future, and these are not given. It is understandable that there is a desire to increase the tax base, but this can be done either through hyper-development or through enhancing what already makes the community unique. Should look at the Bayshore area as another alternative for locating housing. • Represent a coalition of community groups that promote best practices to address affordable housing need, and many of these best practices have been incorporated into the Draft Housing Element. Would like to see more robust anti-displacement policies, since rents have gone up at an alarming rate and the impacts are profound. Would like the City to recognize this threat and include a policy to study anti- displacement. • Lived in an apartment building in North Burlingame, the rent went up by $800, and all but one tenant had to move out. This is an issue that needs to be addressed. The Housing Element states that 42% of people who work in Burlingame make less than $33,000 a year, but there are no affordable housing options for seniors or the disabled. The Housing Element has no muscle to affect change. In the last Housing Element cycle, only 77 units were built out of more than 600 planned for. • Without an adopted Housing Element, the community won't get transportation funds; do we want transit development that looks like San Mateo or Millbrae? Not sure people will use public transit, but Priority Development Areas need transit to work. Population in Burlingame has only changed by 1000 people, so why do we need more housing? Senior assisted living projects should be required to include affordable units. In addition, staff received communications on the Draft Housing Element from Mark Haberecht, 1505 Balboa; David DeNola, Center for Independence; the San Mateo County Association of Realtors, Jennifer and Juergen Pfaff, 615 Bayswater, the Housing Leadership Council, and SFOP/PIA (see attached). Next Stens : After Council action on the Draft 2015-2023 Housing Element, Community Development Department staff will submit the document to the California Department of Housing and Community Development for review and certification. Once the State review is complete and the Housing Element is City of Burlingame Page 7 of 8 Printed on 8/13/2014 1 by L,q star': certified as compliant with State law, the document will be resubmitted to the public, Planning Commission and City Council for final adoption. FISCAL IMPACT None. Prepared by: Kevin Gardiner, Planning Manager Exhibits: 1 . Council Resolution (Proposed) 2. Mark Haberecht Comments, dated June 23, 2014 3. Center for Independence Comments, dated June 23, 2014 4. San Mateo County Association of Realtors Comments, dated June 30, 2014 5. Jennifer and Juergen Pfaff Comments, dated August 6, 2014 6. Housing Leadership Council Comments, dated August 11 , 2014 7. SFOP/PIA Comments, dated August 12, 2014 8. Planning Commission Resolution 9. Planning Commission Minutes, June 23, 2014 10. Notice of Public Hearing - Mailed and Published in the San Mateo County Times June 27, 2014 11 . Draft 2015-2023 Housing Element (a separate document from this report) City of Burlingame Page 8 of 8 Printed on 8/13/2014 powered by LegistarTM RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, RECOMMENDING THAT THE DRAFT 2015-2023 HOUSING ELEMENT BE SUBMITTED TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND CERTIFICATION RESOLVED,BY THE CITY COUNCIL OF THE CITY OF THE CITY OF BURLINGAME THAT: WHEREAS,California Government Code Article 10.6(Sections 65580-65590)requires that all California localities adopt Housing Elements as part of their General Plans, consisting of standards and plans for the improvement of housing,for the provision of adequate sites for housing, and for regional housing needs;and WHEREAS,the Draft 2015-2023 Housing Element has been prepared in accordance with the requirements of State law;and WHEREAS,on June 23,2014,the Planning Commission made a recommendation to the City Council that the Draft 2015-2023 Housing Element be submitted to the State Department of Housing and Community Development for review and certification;and WHEREAS,said matters were heard by the City Council of the City of Burlingame on August 18,2014,at which time it reviewed and considered the staff report,the Draft 2015-2023 Housing Element document and all other written materials and testimony presented at said hearing. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: 1. The Council of the City of Burlingame hereby authorizes the Community Development Department to submit the Draft 2015-2023 Housing Element to the California Department of Housing and Community Development for review and certification. Findings for the recommendation to the City Council regarding the Draft Housing Element are as set forth in the minutes and recording of said meeting. Mayor RESOLUTION NO. I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council held on the 18` day of August, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2 COIVMUNI CATION RE CEI VED AFTER PREPARATION OF STAFF REPORT CD/PLG-Gardiner, Kevin From: Mark <mhabs@comcast.net> Sent: Monday, June 23, 2014 5:41 PM To: CD/PLG-Gardiner, Kevin; GRP-Council Cc: CD/PLG-Gardiner, Kevin; CD/PLG-Meeker, William Subject: Public Comment - Mousing Element Draft Planning Commission Meeting June 23 2014 Dear Sirs and Mesdames, I have attended both of Burlingame's Housing Element workshops and would like to address some of the issues brought up in those meetings as well as the content in the Draft Housing Element: (1) Quite a bit of Burlingame's planning is centered on the concept of walkable urbanism and access to transportation. Based on data across hundreds of cities around the world as well as prominent urban designers/experts, these concepts would require average Floor Area Ratios of 1 .5 to 3.0 (all types of housing). Burlingame is very clearly a suburb and any attempts to bring average FARs above 0.5 (single family ) and above (1 .0 multifamily) will result in significant human environmental. As a suburb, Burlingame is already relatively dense and trying to emulate San Francisco is only going to result in adverse impacts on the environment, including traffic, parking, safety, reduction in the natural habitat. There are currently Planning Commissioners and developers who have experience in multi-family development. Would ask that you lean on this expertise to ascertain the appropriate density of development particularly as it relates to parking and traffic and actual utilization of public transportation. There are numerous apartment complexes near high- ridership BART stations throughout the Bay Area that exhibit insufficient parking. Do we want to replicate these density and parking models? (2) 1 understand there is a very strong desire to increase the property tax revenue base, to best provide the quality of support that residents enjoy. However, there are two sides to the coin: One is to increase development which has a direct short-term tax base impact, the other is to enhance the strengths of the environment, which over the long term, will support higher real estate values (and thus higher property tax receipts). This will not happen overnight, but Burlingame is in the unique position on the Peninsula to offer something completely different to the living experiences in our neighboring cities. Concepts such as historical preservation incentives, keeping architectural integrity and consistency across neighborhoods, preserving and enhancing trees in the neighborhoods and ECR for example all serve to enhance this differentiated experience. (3) Short term impacts of high density and commercial development on tax revenues are undeniable, but to the extent they reduce the quality of life for Burlingame, the location becomes less desirable/less compelling versus competing alternatives. Our neighboring cities offer no real locational advantages or disadvantages compared to Burlingame, yet these cities exhibit property values that are significantly lower, even when adjusting for housing quality or size. One has to ask why this is the case and what are the differentiating factors that must be preserved and enhanced. Is our housing element consistent with promoting housing needs as well as enhancements to the quality of life, while offering opportunities (both rental and ownership for lower income families. i (4) California State law requires that each city provide a housing needs assessment.Burlingame has allowed this function to be performed by The Association of Bay Area Governments(ABAG), which provides population estimate increases allocates housing needs by region(with horse trading occurring between the cities with a county).In effect,some degree of local control has been ceded to ABAG,which thus far has not had an adverse impact on Burlingame,but may do so in the future. What is particularly troublesome is the lack of checks and balances to the conclusions drawn by ABAG.For example,ABAG is projecting that Burlingame's population will increase by 10%over the next 6 years and 15%over the next 15.However,over nearly 4 decades the population of Burlingame has remained constant.What if population projections are wrong,would we be overbuilding for something we don't actually need.As another example,San Mateo's housing needs are projected to grow at 4.7%,yet Burlingame gets a 6%allocation and Hillsborough a 0.55% allocation.Why is this and why do cities like Hillsborough get to minimize external impacts to the human environment. The City should ascertain whether ABAG is actually acting in the best interest of Burlingame, (5) It is unclear what community benefits Burlingame is getting by being a member of ABAG.An inquiry I made earlier this year showed that Burlingame only received less than$70,000 from ABAG related transportation grants in the last budget year.Also,the MTC(OneBayArea)has tied transportation funds to various cities'housing goals.There are$26MM available to San Mateo County,and Burlingame appears to be earmarked for 6%of that(the housing allocation increase),so the likely received funds,in the best case scenario is an extra$1.6MM,but with strings attached.in contrast,with Burlingame maintaining a total assessed value of$7.513N,a 1%rise in property values would increase assessed value by$75MM.Multiply this by 1%(property tax rate),which is$8MM, and the portion of property tax coming back to Burlingame(-15%)would be$1.2MM(in a normal year with no changes to education funding). (6)Infill development and associated backlash is coming to a breaking point,resulting in quite a bit of community controversy as evidenced by recent Planning and City Council meetings,threats of and submission of lawsuits(BSD/Hoover),invocation of CEQA violations(without historical precedence in Burlingame),and City elections resulting in razor-thin margins of victory.Despite the exclusive focus on infill,we have an entire under-developed bayfront that could be used to provide housing needs (assuming the housing need is insufficient to begin with).For those who don't think this is possible, one need to look no further than Foster City or Redwood Shoes,which maintain vibrant waterfront communities. (7)Finally,while I understand the need for long-term planning,we have to make sure that planning is done to address issues that are reasonable and probable,especially given finite resources of government,which derives all of its wealth from taxing power.California in particular is very vulnerable to budget volatility as the expense base,while relatively fixed, is matched against tax receipts dominated by capital gains(volatile)and levered real estate(boom/bust),Therefore I ask the following questions:Is it likely that Burlingame's population will grow more in the next decade than it has in the prior four?Is it likely that HSR will be completed and that the funds for an electrified CalTrain(ALL part of the increasingly tenuous HSR funds)will end up being freed?Also,is it probable that SamTrans will indefinitely continue to run 15 minute services along ECR,despite the fact that it is hemorrhaging operating losses.Yet,we seem to be focused in building apartments and condos that are"transit oriented",with insufficient parking,and that will significantly increase traffic will undoubtedly have safety and quality of life effects.I believe these are the fundamental,hard- hitting issues that need to be critically assessed, rather than relying on quasi-public,non-elected agencies such as HSR Authority,ABAG,MTC who have a vested interest in self"justification".HSR is a prime example where outright fabrication of information continues to this day with no checks and 2 balances (other than the Courts) . Do we want to risk this by ceding more control to other public, non- elected agencies that may fall into the same traps? Based on the above, as Burlingame addresses its Housing Element and General Plans, we must take a hard look on how these changes effect the human environment and appropriately balance maintaining quality of life, allowing for new housing opportunities (for both owners and renters alike), looking at creative alternatives to land use (e.g. Bayfront), and allowing Burlingame to determine its own destiny. We should also ensure that Burlingame's membership in intra-regional agencies is truly acting in the best interest of Burlingame and that we have the appropriate checks/balances to ensure that these agencies are providing us with the right information and full transparency in order to render appropriate and informed decisions to be made. As such, I encourage a continuation of community outreach and critical debate of the key issues and real incorporation of resident concerns and recommendations into the Housing Element and new General Plan as we strive to make our community better. Kind regards, Mark Haberecht 1505 Balboa Ave 3 From: David DeNola [mai Ito:davidd(a)cidsanmateo.orq] Sent: Monday, June 23, 2014 2:29 PM To: CD/PLG-Gardiner, Kevin Cc: Vincent Merola; cindycornell 2000@yahoo.com Subject: RE: Burlingame Housing Element Mr. Gardiner, Thank you for reaching out to our organization regarding your Housing Element Update. In reviewing your June 23, 2014 Public Review Draft, we've identified a few areas that we would like to comment on. We certainly applaud you in recognizing the importance of inclusion and civic engagement during the development of your housing policy. Your two community workshops appear to have been successful in obtaining some public input. However, we would like to respectfully recommend that in the future, perhaps you could explore how to include even more members of our diverse community. You do seem to address this in your Lessons from 2009-2014 Housing Element Implementation section, where you identify the importance of successful partnerships with non-profit providers as well as implementing an outreach program for persons with disabilities. As the trend of aging citizens in the city - and the county - continues to increase, addressing affordable and accessible housing is imperative. We fully endorse the city's plan to amend the Zoning Code to offer incentives for affordable housing and transit oriented development. As referenced earlier, we support Program H(B-2) — Implement and Outreach Program for Persons with Disabilities. We also support your programs to expand the stock of affordable housing and Section 8. However, we recommend that your five year objective for Section 8 include a much larger increase than the proposed 20 units. Your plan to implement the adopted Reasonable Accommodations Ordinance looks fantastic. This proactive approach will certainly benefit the communities that our organization serves. Continuing to fund the Code Officer Position as well as continuing to coordinate with the Community Development Department will aid in public awareness of anti- discrimination laws and policies. Added to that, we feel that it would be beneficial to have ongoing cultural competence training for city staff. Your report does a great job in identifying the diverse populations in Burlingame. Properly training city employees to be culturally competent will only serve to better your city. Best regards David DeNola Vincent Merola Executive Director Systems Change Coordinator vincentm@cidsanmateo.org • CID Center for INDEPENDENCE of Individuals with Disabilities (650) 645-1780 X 112 (650) 645-1785 Fax daviddCcDcidsanmateo.org http://www.cidsanmateo.org 2001 Winward Way Suite 103 San Mateo, CA 94402 Notice: This e-mail and any attachments are intended only for the individual or company to which it is addressed and may contain information which is privileged, confidential and prohibited from disclosure or unauthorized use under applicable law. If you are not the intended recipient of this e-mail, you are hereby notified that any disclosure, copying, distribution or use of this e-mail or the information contained in this e-mail is strictly prohibited. If you hove received this e-mail in error, please notify the sender immediately and destroy all electronic and hard copies of this e-mail including attachments. Thank you. SAN MATEO COUNTY ASSOCIATION of REALTORS' jurisdictions across San Mateo County are updating their local Housing Elements and renewing and/or proposing policies to meet their Regional Housing Needs Allocation(RHNA).To that end, the San Mateo County Association of REALTORS®(SAMCAR)is a resource to policy makers and housing staffs to help ensure that their respective Housing Elements meet the requirements of state law and adequately reflect the community's need for ALL housing types-affordable as well as fair market. As an organization,we have long been an advocate for affordable housing,the protection of private property rights and represent the interests of home owners and over 2,700 REALTORS® and real estate professionals in San Mateo County.Housing Elements represent an opportunity to increase the ability for residents to live in the communities in which they work. How that is achieved,however,is the difference between encouraging the production of housing and government fiat.SAMCAR encourages you to review the enclosed inventory of policies with an eye toward incorporating them into the draft and final versions of the Housing Element. There are two primary methods to achieving a goal of providing more housing,both affordable units and fair market units:incentive programs or punitive mandates. SAMCAR urges you to research and implement the former as part of deliberations during the Housing Element update.Measures such as rent stabilization(AKA rent control),so-called"just cause'regulations,and relocation benefits on rental properties along with the traditional mandatory inclusionary exactions(assuming the nexus study being funded by the county and the cities finds a means around the Palmer decision)have,in actuality,proven over time to be anathemas to the provision of affordable housing.They are counterproductive to the goals and objectives mandated for a Housing Element. According to the California Association of REALTORS®(C.A.R.)Housing Affordability Index(HAI), only 12 per cent of households can afford to purchase the median priced home in San Mateo County($1,126,500 -Source:MLS Listings,May 2014). However,when home prices are weighted by eliminating such high cost areas as Atherton,where the median home price is$5,045,000;Hillsborough-$4,209,344;Woodside-$3,102,562;Portola Valley-$2,690,625;and,Menlo Park-$2,316,068,the median home price for San Mateo County drops to$818,193 and the HAI index rises to 23 percent(compared to a statewide HAI of 33 percent). Nonetheless,this still points to a need to provide more affordable housing opportunities. We would recommend the county implement a Homeownership Policy goal as one method of increasing housing opportunities. The City of Hayward amended its Housing Element a decade ago to increase the percentage of households who become homeowners from 51%to 70%. In the intervening years,the City Council has adopted amendments that included new policies and programs to help increase the city's homeownership rate while simultaneously reducing regulation and cost thereby assisting median income households become homebuyers. Creating a larger pool of potential homebuyers to purchase moderately priced homes also helps open up additional socio-economic housing opportunities. The cities and the county have identified a list of informational goals such as the maximum and recommended fees permitted on new residential development; allowable inclusionary zoning levels; and,the maximum and recommended fees for new commercial development. We understand why jurisdictions are turning to fees more and more for affordable housing as a result of the dissolution of Redevelopment Agencies and the dwindling availability of state bonds. The funds are meant to give the county and the cities the means to build/procure affordable housing although,with land at a premium in San Mateo County,that can be its own challenge unless or until local governments answer with the obvious solution: opening/zoning/rezoning more land for housing. As noted and proven in other jurisdictions,the more successful approach to providing affordable housing is by use of incentive programs. SAMCAR recommends the following be researched and included in the county's Housing Element: >Allow fee waivers for affordable rehabilitation: Consider amendment to the Master Fee Schedule to allow for waiver of permit fees for rehabilitation of affordable housing. >Broad Distribution of Affordable Housing Funding Sources:The costs for'affordable housing'are often not broadly distributed. By comparison,an increase in baseline property tax rates would spread the costs of affordable units across all households, current and new.The legal nexus is that affordable housing is a community-wide need and should therefore,be spread on a community-wide basis... not placed on the backs of those who happen to be able to build new housing,or as proposed,build a new commercial structure. >Re-Evaluation of Vacant and Underutilized Property:While local government typically analyzes the property within its jurisdiction as part of a Housing Element update,we would re- emphasize the goal of creating more affordable housing.To maintain the fiscal viability of any given jurisdiction means having a sufficient supply of land available for economic development and job growth.Vacant parcels,long zoned for other uses,may no longer be viable for said use given growth and development patterns. For example,when done in conjunction with a re- evaluation of underutilized property,it allows a city,for example,to look at land next to freeways for mini-storage facilities,thereby freeing up land elsewhere zoned for that same purpose but which can now be made available for housing. >True Density Bonus Programs: Density bonuses are a zoning tool that that permits developers to build more housing units,taller buildings,or more floor space than normally allowed,in exchange for provision of a specified number or percentage of affordable units included in the development. Many jurisdictions already have some form of density bonus program. However,the density bonus program must be structured to provide a true density bonus making the project economically feasible and not just to offset the provision of affordable units.Working collaboratively,developers/builders and local government can ascertain the true density bonus needed to make a project'pencil out.' Density bonus programs encourage developers to create affordable dwelling units in areas where a need has been identified and density bonuses can be used to entice development to specific neighborhoods or zones.Two areas of caution:A.) It will take a commitment on the part of local government to approve (i.e.,not reduce) said density bonuses as such incentives often provoke residents to protest the bonus and/or the project itself. B.) Simply relying on projects that are transit-oriented (the current popular planning maxim) often leads to exactions such as including open space (or park in-lieu fees) or other costs given the project's urbanization which negates the effects of the density bonus. In addition,the affordable housing density bonus should apply to and supersede any regulation on any property located within the boundaries of a Certified Local Coastal Plan. The last point may take state legislation to enact. >Density Bonus Set Aside Provisions: If a project can be made to work financially,targeting specific'set asides'refines the provision of affordable housing. Remember,a project can qualify for a density bonus if they provide the following set-asides for a period of at least 30 years as established by state law: • 5%of the dwelling units for very low income households,earning no more than 50%of the AMI and paying no more in rent than the amount established for households earning up to 50%of the median income, OR • 10%of the dwelling units for low income households,earning no more than 80%of the AMI and paying no more in rent than the amount established for households earning up to 80%of the median income,OR • 10% of the dwelling units for moderate income households,earning no more than 120%of the AMI and paying no more in rent than the amount established for households earning up to 120% of the median income. Projects may qualify for an additional density bonus to a maximum of 3-9%provided the numbers of set-aside units are increased as follows; • For each 1% increase in the percentage of very low income affordable units,projects will receive an additional 2.5%density bonus. • For each 1%increase in the percentage of low income affordable units,projects will receive an additional 2%density bonus. >Senior Housing Projects: State law provides an automatic 20%density bonus for housing projects where 100%of the units are set-aside for senior citizens.There are no income or rent restrictions for this bonus.According to the U.S. CensusBureau the fastest growing population segment in the United States is persons 60 and older. In addition,the requirement that senior housing projects be constructed using a Special Use Permit(SUP) should be deleted.A s an incentive to provide affordable housing for seniors,senior housing projects that set aside at least 10%of the units for low or moderate income seniors will qualify for an additional 15%density bonus,for a total density bonus of 35%.Typically,all senior housing projects are required to sign a covenant assuring that the units are restricted to seniors for a period of 30 years. >Accessory Dwelling Units: Reviving the'Granny Flat'concept can help municipalities generate more housing(and in particular,affordable housing);maintain sustainable communities; and, create dwellings where people can"age in place."Granny Flats also address the changing needs of single-family home neighborhoods,which increasingly are accommodating young singles and couples,the elderly, immigrants,and the poor. In addition, Granny Flats can provide additional income for homeowners in a tough economy,low cost housing in a tight market,and (if the subject properties are so located) support transit-oriented development. There is also the benefit of increasing taxable property values and enabling growth without requiring new infrastructure. Since 1986, California has had a Granny Flat law in place. Known as Government Code Section 65852.2 (The Second Flat Law),the statute is designed to provide affordable housing in population-dense areas,ease rental housing deficits and increase the property tax base.While California statutes recognized the need for and therefore authorized the construction of Granny Flats,there are still several challenges that can stymie the Granny Flat concept. The biggest(and most overblown) are the fears from existing homeowners'that there will be negative impacts on density and on their quality of life.And (real or perceived) this occurs with more frequency in more well-to-do neighborhoods. Following closely in as a concern is adapting existing zoning codes to allow granny flats, particularly parking requirements. There is also the challenge of drafting local ordinances that preserve community character yet remove artificially placed barriers and/or facilitate the addition of Granny Flats. Lastly,there are some local governments that are resistant to the concept. The basics are covered under state law.Where local government can significantly reduce barriers to the provision of accessory dwelling units is by: ✓ Taking each Granny Flat proposal on a case-by-case basis. (Most local governments handle the processing applications for Granny Flats in this manner.) ✓ Limiting the required parking to one uncovered parking space. Most local governments that are resistant to Granny Flats use parking requirements as a de facto prohibition against approving ADUs. (NOTE: The required two covered parking spaces for the main house are a separate issue to be addressed as a separate item by code compliance. In older neighborhoods,what may have started out as two covered parking spaces could easily have morphed over time [and with government approval] into something else.) ✓ Be flexible with setback requirements.While we recognized that locating the Granny Flat least 20 feet from the rear and 6 feet from the side property lines represent a minimum requirement,staff should be given the authority to approve a Granny Flat proposal with a rear setback of less than 20 feet(and similarly with side yard setbacks). ✓ Be flexible with the size of the ADU. If the existing lot warrants it,provide staff with the authority to approve a larger unit. (State law equates to a structure 25'x 25'which must include its own kitchen,bathroom but no more than 1 bedroom. Larger lots and/or a slightly larger ADU can easily be accommodated without stirring NIMBY fears.) >For-Sale Condominium Developments: Condominium developments that set-aside 10%of the dwelling units for buyers who meet the criteria of moderate income households will qualify for a density bonus of 20%. For each additional 1%set-aside,the developer may receive an additional density bonus. It is the intent of this program that these units will be owner-occupied. Also key to this program is equity recapture.The owner of the set-aside unit can sell that unit any time at an unrestricted price. However,by requiring that 50% of the difference in equity between the sale price and the initial sale price of the unit,the county can recoup affordable housing funds. This also allows the owner of the set-aside unit to capture a portion of their equity. These funds are to be used within three years for the construction,rehabilitation,or preservation of affordable housing by the county or they revert to the seller. >Streamlined Review Processes: Most jurisdictions have utilized some form of'fast track' processing when it comes to affordable housing projects.Setting up a true"One Stop Shop'will assist. Coordinating the departments responsible for reviewing housing projects (for example, planning,public works,parks,police,and fire) such that they ALL meet with the project proponents at the same time for review sessions avoids the A-to-B-to-C review scenario as often occurs.The key here is to ensure representatives from the departments responsible for reviewing housing projects have the authority to approve changes/modifications. In addition,the county must establish specific time frames for review and approval of projects that include affordable housing components and/or give staff the authority to do so. >Land banking: Vacant,abandoned or underutilized properties are a challenging problem for any community. By viewing these properties as potential housing assets,rather than barriers to revitalization,affordable housing advocates (such as SAMCAR) can foresee this as a new way to reinvest in once-neglected neighborhoods. Land banks are public authorities created to acquire,hold,manage and develop vacant properties. The concept behind a land banks is to convert vacant/underutilized properties that have been bypassed by the open market(or by local government in its review of housing inventory needs) into additional and for housing. A land bank acquires title to vacant,underutilized and abandoned properties via the fair market; eliminates barriers to redevelopment;and,transfers property to a new owner in a way that supports affordable housing needs and priorities.As such,land banks often provide marketable title to properties previously impossible to develop. One of the most well-known land banks is the Genesse County Land Bank in Flint,MI. The Genesse County Lank Bank has raised surrounding property values by$109 million and has spurred$60 million in new private investment,all during a major recession and foreclosure crisis. >Affordable Housing Along Transit Corridors/Near Major Employment Centers Projects that meet the following criteria will be granted an additional 10% density bonus: • At or within a 1,500 foot radius of an existing or fully funded major bus center, bus stop along a major bus route, or mass transit station; or, • At or within a 1,500 foot radius of an intersection of transit priority arterials; or, • In or within a 1,500 foot radius of the boundaries of a major employment center; or, • In or within a 1,500 foot radius of boundaries of a major economic activity area (such as a regional or sub-regional shopping center); and, • Within 1,500 feet of the boundaries of a college or university. >Project-Specific Incentives: Individual housing projects may request one or more of the following incentives, depending upon the income level of the targeted households, the percentage of set-aside units, and the location of the project/property orientation, in order to provide the affordable units: • Up to 20% deviation from yard/setback requirements, or • Up to 20% deviation from lot coverage requirements, or • Up to 20% deviation from lot width requirements, or • Up to 20% deviation from floor area requirements, or • Up to 20% deviation from open space requirements, or • Up to 20% additional building height, except as limited by local statute, or • A reduction or waiver in parking to include: >A reduction in parking requirements to 1 parking space per restricted dwelling unit irrespective of the number of habitable rooms. >A reduction in parking requirements to not less than Y2 parking space per dwelling unit for dwelling units restricted to Very Low or Low Income senior citizens. >Priority Development Areas (PDAs): Local government will ultimately have to comply with the One Bay Area plan via MTC and ABAG (particularly if they have received the 'strings attached' funds from either entity as part of street/transit/other community services revisions). The One Bay Area plan calls for placing all growth to the year 2040 on four percent of the land in the nine Bay Area counties. That will severely impact the cost of land (for all uses) and mandates all future development will be a minimum of four to seven stories. By designating specific of these PDAs for housing (or at worst, mixed use), local government can meet its RHNA despite the constraints of the One Bay Area plan. ---------------------------------------------------------------- References >Regulatory Barriers Clearinghouse: Cities with Rent Control >"Rent Control: Myths and Realities" Walter Block, Milton Friedman, et al.; 1981 >City and County of San Francisco Rent Board: The Rent Ordinance >SF Examiner: Landlords Create Vacancies to Beat Rent Control Laws >City of Los Angeles Housing Department: Economic Study of the Rent Stabilization >New Challenges and Opportunities for Inclusionary Housing By Robert Hickey, Center for Housing Policy, February 2013 >A Critique of the Legal and Philosophical Case for Rent Control By Walter Block, Journal of Business Ethics, 2002 >"Is Rent Control Hurting San Francisco's Middle Class?" By Joel P. Engardio, S.F. Examiner, January 5, 2014 >"Affordable housing crunch: Silicon Valley cities weigh new developer fees" By Lauren Helper,Silicon Valley Business Journal,January 31,2014 »»»»»»»»»»»»>N O T E S««««««««««««««« CITY OF BURLINGAME HON. MAYOR BROWNRIGG AND CITY COUNCIL 501 PRIMROSE RD. BURLINGAME, CA 94010 August 7, 2014 RE: Draft Housing Element document Dear Mayor Brownrigg and Honorable Council members: I wanted to share a few thoughts on the Housing Element update- I suspect that generally speaking, state population projections have become somewhat more accurate in the past 50 years,yet the ABAG population growth rates in the document still far exceed those published by USC Price School of public policy in 2013,which examined Expected Growth,vs. Observed growth over the course of the past 60+ years and projected the data into 2050. Inflated population predictions have been used to influence (and manipulate) policy for many decades,typically with regard to infrastructure projects such as roads and bridges in the past, and more recently to validate the need for high speed rail. Regional population growth projections have been set quite high as per ABAG, 10%in each decade between 2010 and 2040.Yet,even in the strong growth period between 1985 and 1990,the state growth rate averaged just 2.5%. Similarly,our draft Housing Element states that Burlingame's population growth between 2000 and 2010 had a growth rate 2.3%. Beyond basing a housing accommodation plan on data that may be faulty,I am concerned that once certain elements of the draft exist'on paper', they could be misconstrued as an actual blueprint for our general plan and housing policies.This issue was brought up by a commissioner during a June 23rd Planning Commission meeting in which the Draft was discussed;the Consultant remarked that the Housing Element document 'sets the framework and broad policy' for the general plan.That was not my understanding of the purpose of the Housing Element document. By design,this draft encompasses the entire city,so though I am uneducated in the exact requirements of what is expected in this document,I hope we exercise the utmost care in going beyond said requirements. I noticed, for example, sections that could imply direct or indirect changes to character defining elements. Specifically,multi-lot conglomerate parcels,as described in the Resources and Opportunities" section (pg. 85) are a change from Burlingame's small scale, fine-toothed character,and more closely resemble post 1950s developments where parcels were larger and where there were fewer existing constraints. While this may be in keeping with the character of the Mills Estate and Millsdale areas (more recently,the North End plan) it is absolutely the antithesis of what defines Burlingame's character elsewhere.We have already identified a handful of significant parking lots as potential housing sites—(these were also very early,originally small-scaled parcels that were conjoined 1960s.) But these,too,will be a challenge to develop in ways that make them blend into our extant fabric. If there are too many large parcels created from conjoined lots,we may be at risk of losing what we are known for--Burlingame's fine-grained fabric.Are we perhaps straying beyond the basic requirements for this particular document? Again,I am concerned that what is written will come back to bite us down the road. Finally,it is clear from comments made in public and in the Planning Commission meeting that housing advocates and various agencies may be unfamiliar with Burlingame's long history of multi-unit housing production. Our General Plan (1969) is quite aggressive in its approach to housing production,converting large swaths and entire neighborhoods of single family residential to multi-unit zones. However,it should be noted that the move to establish large areas of rental apartments goes way back to the 1920s, (codified in 1930),with establishing El Camino Real Residential District,lined with trees.This early non-commercial zoning of the highway resulted in heavy patronage of the developing downtown districts,rather than customers simply bypassing our core business districts in their cars—a stark contrast to the typical "convenient,in-and-out" commercial properties (many now defunct) that define the highway in nearly every other city in the state.We need to call attention to this fact in this Housing Element document; Burlingame is already many decades beyond what we are presently being told to advocate, and the density of these structures has happened organically,as it should. I credit nearly a century of specific and unique residential zoning with being the main reason why our city-wide rental capacity is substantially greater (at 52%) than most everywhere else. So,when it is asserted by some that Burlingame prices are too high,that we are not doing enough and need rent control and/or subsidized housing, they need to be reminded of what we have accomplished on our own for over a century,providing many choices in various price ranges.We offer an awful lot in the way of gracious living. There are less expensive cities in which to live in the SF Bay Area,but there are more expensive ones,as well. At the end of the day,it comes down to choices that we all have to make. Risking the chipping away at what has defined us and made Burlingame desirable for as long, should not be an unintended consequence of this document. Sincerely yours, Jennifer and Juergen Pfaff 615 Bayswater Ave. Burlingame Cc:Burlingame Planning Commission, Kevin Gardiner-Planning Dept. Housing Leadership Council of San Mateo County 139 Mitchell Avenue, Suite 108 HOUSING South San Francisco,CA 94080 LEADERSHIP (650)872-4444/F: (650)872-4411 S COU N CIL wwwhlcsmc.or SM MuTco<ourm g August 11, 2014 Kevin Gardiner Planning Manager 501 Primrose Road Burlingame, CA 94010 RE: Preliminary Comments on the City of Burlingame Housing Element Dear Kevin, Thank you for the opportunity to comment on the Draft Housing Element for 2015-20231. I am writing on behalf on the Housing Leadership Council of San Mateo County (HLQ. HLC represents those in San Mateo County who support, build, and finance the creation of affordable housing. San Mateo County has been consistently listed as one of the least affordable counties in which to rent in the United States according to the National Low Income Housing Coalition (NLIHC)2. Recent California Association of Realtors data also shows that San Mateo County is the least affordable county in California for buyers as we113. We seek to promote policies and plans that enable equitable growth in our communities and a viable quality of life. We support Burlingame's efforts to encourage higher density and mixed-use development close to Caltrain and other transportations hubs, such as a new program to create a Priority Development Area (PDA) Housing Overlay Zone. However, we want to ensure that development in these high opportunity areas takes place in an equitable manner- avoiding displacement of existing lower income communities and providing housing for a range of economic levels. As a premise, we also recognize that displacement is not simply a function of direct redevelopment of a parcel or neighborhood, but also of a general lack of housing supply to meet the intensifying demands of our growing and diverse community. It is important for 1 Draft Housing Element refers to the copy available at https://www.burlingame.org/modules/showdocument.asox?documentid=11274 as of June 23,2014 Z NLIHC,Out of Reach 2014 Report, http://nlihc.org/oor/2014 3 CAR,May 2014 home sales and price report, http://www.car.org/newsstand/newsreleases/2014releases/-mav2014saIes the city to recognize that new construction, though important, cannot be the only means considered to preserve the diverse income base of its residents. The Housing Element can be an important tool for achieving these objectives. The following are preliminary comments regarding the first draft of the City's Housing Element issued on June 23, 2014. PUBLIC PARTICIPATION (SECTION 65583(c)(8)) • HLC lauds the City of Burlingame's efforts to engage the public in the draft formulation process and the several public workshops held to elicit feedback. We encourage the City to continue actively engaging with the public and to incorporate subsequent feedback into the draft. REVIEW AND REVISE (SECTION 65588) • Although RHNA designations are not a mandate to build, it would be useful for the city to highlight not only how well its quantified objectives were met, but to compare it to the overall need for housing growth compared to RHNA 4 numbers. This helps to highlight the growing gap between projected need and actual production and serves to educate the public. Based on our review of Burlingame's 2013 Annual Progress Report, the values below reflect the City's performance for each affordability level: VLI LI MOD ABOVE MOD TOTAL RHNA 4 148 107 125 270 650 # Prod 0 0 8 69 77 % Prod 0% 0% 6% 25% 12% HOUSING NEEDS ASSESSMENT (SECTION 65583(a)(1 and 2) • According to jobs and housing fit research recently conducted by the UC Davis Center for Regional Change, the City of Burlingame has a ratio of 22.21 low-wage jobs for every affordable housing unit.4 This ratio shows that low-wage workers in San Mateo face incredible challenges in finding affordable housing near work. In contrast, the Jobs-Housing Balance number of 2.85 represents the aggregate ratio of all jobs and all housing. We encourage the City to pursue policies and strategies to achieve a better fit between existing jobs and homes produces. • The City acknowledges that fast rising home prices are making it more difficult for individuals and families with below moderate incomes to rent or own a home in San Mateo (where a four-person household earning$123,600 is considered moderate 4 Figures available at http://mappingregionalchange.ucdavis.edu/mobshousingfit20ll income). Residents of lower-incomes are disproportionately impacted, especially renter households who make u12 more than half of the City's population. Over the last 3 years average rents have increased 37% where an average 2-bedroom apartment in San Mateo County now rents for$2501. We encourage the City to include a more substantive discussion regarding the potential for displacement of these vulnerable residents and the exclusion of lower-income workers. The April 10, 2014 meeting of the 21 Elements TAC Meeting summary includes a quote by Brian Greenberg from Inn Vision Shelter Network: "Most of people who come into homeless shelters are taxpayers who can get jobs. Innvision/Shelter Network helps people find jobs, but usually these jobs are located outside the county because they could not afford to live here. Many of the Innvision/Shelter Network staff also can't afford to live in the county." We urge the City to include discussions around additional policies and program responses that the City can more closely study for those at risk of displacement, such as tenant protections, as a response to this chronic and growing problem. This is consistent with CA Government Code Section 65583(c)(4). PERSONS WITH SPECIAL NEEDS (SECTION 65583(a)(7)) • Comments made in the previous section apply to special needs populations as well. These individuals and families have little or no prospect of finding permanent housing solutions once they have utilized existing emergency shelter and transitional housing resources. We are pleased to see that the City has included programs to increase efforts to accommodate special needs populations, specifically elderly households and those with disabilities. POTENTIAL GOVERNMENTAL AND NON-GOVERNMENTAL CONSTRAINTS • HLC lauds the City of Burlingame for its participation in the countywide impact fee nexus study, aka the "Grand Nexus Study," which will among other things justify an impact fee on all new commercial development and its commitment to pursue a Commercial Linkage Fee. We are also happy to see that there are programs in place (Program H, C-3 & C-4) to adopt in-lieu fees within one year of Housing Element adoption. Fees and new sources of funds like these are particularly important in light of the loss of Redevelopment Agencies in 2012. • There is no discussion of Ordinance 1356, known as the "Burlingame Fair Property Rights Ordinance" or Measure T passed in 1987, as a governmental constraint. Measure T essentially precludes the City from instituting Any price controls. We strongly urge the City to include a policy or program that will create a task force to examine this constraint and address how the City should respond appropriately to meet its affordable housing obligations. SITES INVENTORY AND ANALYSIS • We are happy to see that there are a number of sites which may be candidates for further density consideration and the City's commitment to encouraging and monitoring the construction of second units. However, in identifying opportunity sites for very low- and low-income housing, the City should take into consideration their competitiveness for Low Income Housing Tax Credits (LIHTC), which are used to fund the vast majority of affordable housing given the shortage of other funding sources. Specifically, opportunity sites are competitive when they are in proximity to transit, grocery stores, schools, libraries, senior centers and other key services and amenities. We encourage the City to work with nonprofit affordable housing developers to do further analysis to determine LIHTC eligibility on these opportunity sites. QUANTIFIED OBJECTIVES AND HOUSING PROGRAMS • The draft identifies HUD's Section 8 Housing Choice Voucher Program as an important component of meeting the housing needs of very-low income renters. However, the advantages of vouchers depend on the ability of voucher holders to locate a landlord who will accept the voucher. Especially after the cuts to the Section 8 program prompted by the federal budget sequester, finding landlords who will accept Section 8 vouchers creates a significant barrier for these members of the community. State law does not explicitly prohibit landlords from discriminating against Section 8 voucher holders, and the outright refusal of private landlords to accept Section 8 vouchers is a widespread problem affecting housing choice throughout California.5 We encourage the City to consider local ways to create viable housing choices for Section 8 voucher holders. For example, the draft could include a program for considering an ordinance to prohibit discrimination against Section 8 voucher holders. • The draft mentions the increasing difficulty of housing opportunities for people with moderate or less incomes. While the draft includes programs to encourage and facilitate the construction of housing, we urge the City to consider including programs that will 5 HCD,Analysis of Impediments to Fair Housing (2012), p. 13-2 http://www.hcd.ca.gov/hpd/hrc/rep/fed/state of ca analysis of impediments fu11%20report0912.pdf also protect households, especially renters, who are at-risk of being displaced due to high housing costs. The City could include a program to, at a minimum, study the issues of displacement and develop appropriate policy responses. This is consistent with Government Code Section 65583(c)(4). • The City's current Inclusionary Housing Ordinance requirement is set at only 10% for moderate-income households for at least 10 years. We are pleased to see that the draft includes a program (Program H, C-2) that seeks to amend the ordinance within one year of adoption. We strongly urge the City to strengthen this policy to include provisions for low and very-low income households and to extend the period of affordability to at least 30 years. Sincerely, Tracy Choi Housing Leadership Council of San Mateo County cc: Paul McDougall, Manager, California Department of Housing and Community Development August 12,2014 Kevin Gardiner Planning Manager City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Kevin, I am writing on behalf of SFOP/PIA to offer comments and observations about the housing element draft that is currently under consideration by the Burlingame City Council. SFOP/PIA is a faith-based organization that works through its 25 member congregations to advocate for stronger communities and increased social equity on the San Francisco Peninsula. SFOP/PIA resulted from a merger between Peninsula Interfaith Action(PIA)and San Francisco Organizing Project(SFOP) that took place on January 1,2014. Both organizations have distinguished track records working for policy change in a variety of areas that include education,public safety,health care,violence prevention, and affordable housing. SFOP/PIA has been part of a coalition that prepared and promoted a set of recommendations in conjunction with the current housing element cycle. The document containing these recommendations is called"California Housing Element Policy Best Practices." The document has been distributed to housing staff members,Planning Commissioners,and City Council members in jurisdictions throughout San Mateo County. It also appears on the website for the Association of Bay Area Governments (ABAG). SFOP/PIA applauds the fact that the draft housing element for the City of Burlingame reflects many of the practices and policies outlined in the above document. First we would like to call particular attention to a few areas that have been a focus of our affordable housing work over the years. Then we will direct attention toward an area where we believe the housing element could be substantially improved. INCLUSIONARY HOUSING/BELOW-MARKET-RATE POLICY. While the City of Burlingame currently has an inclusionary housing ordinance, its provisions are far weaker than other such ordinances currently in existence on the Peninsula. We are pleased to encounter language in the housing element indicating that a review of the current policy will be performed. We encourage the City of Burlingame to conduct this review in an expeditious manner and make the changes necessary to utilize this policy tool to its fullest advantage. COMMERCIAL AND RESIDENTIAL LINKAGE(IN-LIEU)FEES. We commend the City of Burlingame for its participation in the Grand Nexus Study orchestrated by 21 Elements. We also applaud the fact that the draft of the housing element indicates an intention on the part of the City to pursue the adoption of linkage fees,even setting forth a timeline of one year. In light of the numerous funding takeaways that have occurred at both the federal and state levels, it is incumbent upon local governments to use every lever at their disposal to develop new revenue sources for affordable homes. Linkage fees are an important part of the effort to do so. SECONDARY UNITS/ACCESSORY DWELLINGS. We are pleased that the City continues to offer an amnesty program for existing secondary units. We also applaud the flexibility in parking requirements in the City's secondary unit ordinance, including a waiver of on-site parking for accessory dwelling units that are rented out to those with moderate incomes or below. SFOP/PIA believes that accessory dwellings are an important source of affordable housing and that families will find them increasingly indispensable as family members encounter the challenge of relentlessly rising rents and home prices. Going forward,we encourage the City to find additional ways to make accessory dwellings possible. The area in which we believe the housing element could be substantially strengthened is in relation to measures described in the"Best Practices"document as anti-displacement policies. Most specifically,we are concerned about tenant protections. Over the past three years,rents in Burlingame and elsewhere on the Peninsula have gone up as much as 50 percent. Families have been devastated by huge and alarming rent increases,often encountering multiple large increases in a single year. Many have been forced to move repeatedly as they search for sustainable housing costs. Others have had to make difficult choices between rent, health care and food. SFOP/PIA believes that our communities are at a crossroads. Families and individuals are suffering,and the character of the community is at stake as well. In the face of escalating rents, lower income members of our workforce—child care workers,preschool teachers,police dispatchers,EMTs,baristas,and the like—will no longer be able to sustain a place in our community. Seniors on fixed income will be forced out,and the rich diversity that is so highly valued on the Peninsula will erode away. SFOP/PIA calls upon the City of Burlingame to turn its attention to this grievous threat. Ideally,the City's housing element will be amended to include a commitment to reviewing the policies that are available to help bring order and predictability to tenants' lives, including a source of income ordinance, just cause evictions,and rent stabilization. At the very least,we encourage the City to acknowledge the problem of displacement and convene a process to investigate mitigations and the obstacles to deploying them, including Measure T. SFOP/PIA would like to thank the City of Burlingame for its commitment to providing housing for the full range of its population. We also offer our thanks to the City Council for its willingness to consider our feedback and remarks. Sincerely, Karyl Eldridge Burlingame Resident and Volunteer with SFOP/PIA 415 Primrose Road Burlingame,CA 94010 RESOLUTION NO. 67-2014 RESOLUTION RECOMMENDING TO THE CITY COUNCIL THAT THE DRAFT 2015-2023 HOUSING ELEMENT BE SUBMITTED TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND CERTIFICATION i RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, California Government Code Article 10.6 (Sections 65580-65590) requires that all California localities adopt Housing Elements as part of their General Plans, consisting of standards and plans for the improvement of housing, for the provision of adequate sites for housing, and for regional housing needs; and WHEREAS,the Draft 2015-2023 Housing Element has been prepared in accordance with the requirements of State law; and WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on June 23, 2014, at which time it reviewed and considered the staff report, the Draft 2015-2023 Housing Element document and all other written materials and testimony presented at said hearing; i NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: I 1. It is recommended that the Council of the City of Burlingame authorize the Community Development Department to submit the Draft 2015-2023 Housing Element to the California Department of Housing and Community Development for review and certification. Findings for the recommendation to the City Council regarding the Draft Housing Element are as set forth in the minutes and recording of said meeting. ; r� (i CHAIRMAN Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 23rd day of June , 2014 , by the following vote: I i I f I DRAFT HOUSI ELEMENT-RESO 57 2014 AYES: BANDRAPALLI,GUM, LOFTIS, SARGENT,TERRONES,YIE NOES: NONE ABSENT: DeMARTINI RECUSED: NONE r I I ' � k I i Secretary i CITY OF BURLINGAME PLANNING COMMISSION URUN9AE UNAPPROVED MINUTES Monday, June 23, 2014— 7:00 p.m. City Council Chambers—501 Primrose Road Burlingame, California 2. DRAFT UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN - REVIEW AND RECOMMENDATION TO THE CITY COUNCIL (24 NOTICED & NEWSPAPER NOTICE -THE EXAMINER 6/13/14 AND &NEWSLETTER NOTIFICATION) STAFF CONTACT: KEVIN GARDINER Questions of staff: ■ Based on the statistics in the Housing Element, it appears that there are about 30,000 jobs in Budi ngame where the people who hold these jobs do not live here. Would like to know the number of service employees who work here but don't live here. • Would like to see a few clarifications in the chapter on Government Constraints: ✓ Clarify that there are other methods to handle storm drainage so that some of the runoff can be retained on site and all drainage does not have to be accommodated by the storm drain system. Alternative solutions could help affordability. ✓ Clarify that for energy conservation, Burlingame requires that new development must exceed Title 24 energy conservation requirements by 15 percent. ✓ Clarify that when several types of applications are required for a project,they are processed concurrently; therefore, the timelines for a project would not be as long as if they were processed sequentially. ■ Are there State incentives to do the update? (Staff: Preserves the opportunity to receive further funding.) ■ Are there other sources for population growth?How did we come back with 10%?(Staff: Population estimates mostly from 2010 Census.) • In addition to the sites identified in the Draft Housing Element that are already zoned for multi-family residential use, consider adding a band of R-2 zoning behind the R-3 zoned properties along EI Camino Real to provide a transition and to add another type of housing opportunity. ■ Want to make sure that if in-lieu fees are established, there is a clear mechanism to show that the fees collected are used to achieve Housing Element goals. ■ Housing Element refers to lots of other regulations. Are there other regulations that are related or covered in other parts of the General Plan? (Staff: Once Draft Housing Element is adopted,zoning implementation is put in place so that zoning is consistent with Housing Element policies.) Chair Bandrapalli opened the public hearing. Public comments: Anne Wallach spoke on this item: ■ Want to make sure we maintain the quality of Burlingame's neighborhoods. ■ There are no shabby neighborhoods now; what contributes to a shabby neighborhood is the appearance of the buildings and congested parking. ■ Concerned with reducing parking standards, and how will that affect the quality of Burlingame's neighborhoods. ■ Neighborhoods that look shabby have reduced parking. Concern with reducing parking standards; want to at least maintain neighborhoods. 1 i. i. CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes June 23, 2014 Ii f Mark Haberecht, spoke on this item: ■ Attended workshops and read the plan. ■ Burlingame appears to be focusing on a walkable urbanism which relies on higher density and access to transportation. However this density would be greater than what Burlingame can sustain. ■ Transit oriented development relies on High Speed Rail and electrification of Caltrain in the future, and these are not givens. ■ It is understandable that there is a desire to increase the tax base, but this can be done either through hyper-development or through enhancing what already makes the community unique. ■ Should look at the Bayshore area as another alternative for locating housing. Carol Eldridge spoke on this item: • Peninsula Interfaith Action merged with SF organizing project. ■ Represent a coalition of community groups that promote best practices to address affordable housing need, and many of these best practices have been incorporated into the Draft Housing Element. • Would like to see more robust anti-displacement policies, since rents have gone up at an alarming rate and the impacts are profound.Would like the City to recognize this threat and include a policy to study anti-displacement. Cynthia Cornell spoke on this item: • Lived in an apartment building in North Burlingame,the rent went up by S800, and all but one tenant had to move out. This is an issue that needs to be addressed. ■ The Housing Element states that 42%of people who work in Burlingame make less than $33,000 a year, but there are no affordable housing options for seniors or the disabled. ■ The Housing Element has no muscle to affect change. ■ In the last Housing Element cycle, only 77 units were built out of more than 600 planned for. Pat Giorni spoke on this item: • Without an adopted Housing Element, the community won't get transportation funds. ■ Do we want transit development that looks like San Mateo or Millbrae? ■ Not sure people will use public transit, but Priority Development Areas need transit to work. ■ Population in Burlingame has only changed by 1000 people, so why do we need more housing? ■ Senior assisted living projects should be required to include affordable units There were no further comments and the public hearing was closed. Additional Commission comments: • Growth in Burlingame is limited by availability of sites, demand is now exceeding supply, and housing prices indicate that there is demand, so if the housing stock is increased perhaps there will be less price pressure. • The affordable requirements the City now has seem perfunctory and it seems the City could do more. It does not go far enough to add more affordable units. • There was a downturn in the economy during the last Housing Element cycle, there were projects approved that didn't go forward,which could partly explain why housing production was not greater. We are seeing more projects proposed now that the economy is improving. 2 i CITY OF BURLiNGAME PLANNING COMMISSION— Unapproved Minutes June 23, 2014 ■ Projects need to be well planned and crafted to fit into the neighborhood. ■ The Housing Element framework has been crafted to accommodate housing; it has to make sense to build the units. If it doesn't make sense, the units won't be built. Commissioner Bandrapalli moved to adopt a resolution of the Planning Commission, recommending to the City Council, that the Draft 2015-2023 Housing Element be submitted to the State Department of Housing and Community Development for review and certification, The motion was seconded by Commissioner Gum. Discussion of motion: ■ Public comments will be reflected in the staff report to the City Council and there will be opportunity for comment at the City Council hearing. i Chair Bandrapalli called fora voice vote on the motion to recommend approval. The motion passed 6-0-0-1 (CommissionerDeMartini absent). The Commission's action is not appealable. This item concluded at 8:50 p.m. 3 NOTICE OF PUBLIC HEARING The CITY OF BURLINGAME CITY COUNCIL will hold a public hearing to consider adoption of the Draft 2015-2023 Housing Element Update,an amendment to the General Plan. The City Council will take public comments, review and comment on the Draft Housing Element Update and authorize the Community Development Department to submit the Draft Housing Element to the State Department of Housing&Community Development for review& certification. The hearing will be held on Monday,July 7,2014,at 7:00 p.m.in the City Hall Council Chambers,501 Primrose Road,Burlingame,California. The staff report for this item and copies of the Draft 2015-2023 Housing Element Update may be reviewed prior to the meeting at the Community Development Department,Planning Division,Burlingame City Hall,501 Primrose Road, Burlingame;and on the City's website at www.burlingame.org. For additional information please call the Planning Division at(650)558-7250. If you challenge the subject amendment(s)in court,you may be limited to raising only those issues you or someone else raised at the public hearing,described in the notice or in written correspondence delivered to the city at or prior to the public hearing. For additional information,please call(650)558-7250. 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M sappgesip ry k gjinn suosaad 01 gDeaalno JDnpuOD t saadojanap pue saIDua6e 6uipunj uaannjaq saojejij!Dej 6UIWoDaq ui jjels :poddnS aDuejsisse uisnoq Y: pueAl! l!gepaojje6uisnog a6eanODuadlaq olslijo.iduou glinnsdigsaaulaed uiejuieW . sjDafoad leiluapisaa nnau ui sjiun n aIgepaojje apnIDui 01 saniIuaDui apinoad Y III 4 , * qDeOjdd ' DI Rfi P1 C` e }y. Y NO y H t � 1 ` � � ➢j � � �'st� `' S uoijeDI !JJ@DJOJGDH ol14eaa leui3 a uoildo py JOJDDpue uoijepuawWODad Fr� `€ V ao f Dd of 1jeaQ luasasd .. fill: s Juawal3 buisnoH jjeaa aui jad ' juaw@13 uisno� 5ea o /\/\Dina H 1� 4 � d4� H juaw@13 Q 6uisnoH 14eaa nnainad Dilgnd uiIndui 1 !DunODAID @jeaodaoDuj sd ,31S IXDN K sRF BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 2 � Staff Report Agenda Item �d Meeting Date To: Honorable Mayor and City Council Date: August 18, 2014 From: Syed Murtuza, Director of Public Works - (650)558-7230 Kathleen Kane, City Attorney - (650)558-7204 Subject: Public Hearing to Introduce an Ordinance Amending Chapter 13.24 of the Burlingame Municipal Code to Update Speed Limits on the Burlingame Roadway System RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to introduce the attached ordinance amending Chapter 13.24 of the Burlingame Municipal Code to update speed limits on the Burlingame Roadway System by: 1. Requesting the City Clerk to read the title of the attached ordinance. 2. By motion, waiving further reading and introducing the proposed ordinance. 3. Conducting a public hearing on the proposed ordinance. 4. Discussing the proposed ordinance and determining whether to bring it back for second reading and adoption. 5. Directing the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. BACKGROUND Engineering and Traffic Surveys (ETS) are intended to serve as the basis for the establishment and enforcement of traffic speed limits for selected streets within Burlingame. The City of Burlingame's ETS will expire in 2015. In order to allow for continued use of radar to enforce speed limits on these roadway segments, the ETS must be updated. Governing municipalities must conduct an ETS for traffic speed limits once every five years for the purposes of complying with Section 40802 of the California Vehicle Code (CVC). An ETS may be extended to every seven years if certain criteria are met, or every ten years if a registered engineer evaluates the section of the highway and determines that no significant changes in the roadway or traffic conditions have occurred as specified in Section 40802 of the CVC. The specific procedures used in the performance of an ETS are outlined in Section 627 of the California Vehicle Code. DISCUSSION The Public Works Department recently completed the ETS for the year 2014. The ETS measured traffic speeds on 41 different roadway segments in the city. The recommended traffic speed limits are set primarily City of Burlingame Page 1 of 2 Printed on 8/6/2014 powered by I eg suarT" based at or around the 85th percentile speed, unless there is evidence of collision experience and/or unusual roadway conditions that would justify further reduction in speed. Based on the ETS and in accordance with State law, the speed limits need to be increased on three of the 41 segments. These three segments are Adrian Road (between David Road and the Millbrae City limits), California Drive from Peninsula Avenue to Burlingame Avenue, and Skyline Boulevard (between Trousdale Drive and the Hillsborough Town limits). The speed limits should be raised from the currently posted 25 mph to 35 mph along Adrian Road, the currently posted 25 mph to 30 mph along California Drive, and from the currently posted 35 mph to 40 mph along Skyline Boulevard. It is recommended that the remaining 38 roadway segments maintain their current speed limits. Exhibit 2 shows the summarized 2014 ETS results, including roadway segment, currently posted speed limits, average speed, critical speed (85th percentile speed), the pace speed, the percent in pace, and the recommended speed limits. FISCAL IMPACT The costs associated with updating the speed limits signs along Adrian Road, California Drive, and Skyline Boulevard are minimal and will be absorbed within the Public Works Department's budget. Exhibits: 1. Ordinance Amending Chapter 13.24 2. 2014 Speed Survey Results Summary City of Burlingame Page 2 of 2 Printed on 8/6/2014 powered by Leglst arrm ORDINANCE NO._ AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 13.24 OF THE BURLINGAME MUNICIPAL CODE TO UPDATE SPEED LIMITS ON THE BURLINGAME ROADWAY SYSTEM The City Council of the City of Burlingame does hereby ordain as follows: Section 1. Factual Background and Findings. WHEREAS, regulation of vehicle speed is dictated by the California Vehicle Code(CVC),and WHEREAS, CVC Section 40802 states that local traffic speed limits must be established by ordinance;and WHEREAS, CVC Section 40802 allows cities to establish traffic speed limits within their jurisdiction, provided that speed limits are set using an "engineering and traffic surveys'(ETS);and WHEREAS, the Public Works Department recently conducted an ETS in accordance with CVC Section 627, and recommending speed limit changes on certain streets;and WHEREAS, the Public Works Department recommends that chapter 13.24 of the Burlingame Municipal Code be amended to update the traffic speed limits: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 2. Chapter 13.24 of the Burlingame Municipal Code is updated to be consistent and current with the results of ETS conducted in 2014 and shall be amended to read as follows: Chapter 13.24 SPEED LIMITS 13.24.005 Forty miles per hour. 13.24.010 Thirty-five miles per hour. 13.24.015 Thirty miles per hour. 13.24.020 Twenty-five miles per hour for certain vehicles. 13.24.025 Twenty-five miles per hour. 13.24.005 Forty miles per hour. (a) No person shall drive a vehicle upon any of the following designated streets at a speed greater than forty (40) miles per hour; it is determined that the speed limitation hereby established is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe: (1) Skyline Boulevard from six hundred (600) feet north of Rivera Drive south to the city limits. 13.24.010 Thirty-five miles per hour. (a) No person shall drive a vehicle upon any of the following designated streets at a speed greater than thirty-five (35) miles per hour; it is determined that the speed limitation hereby established is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe: (1) Airport Boulevard between Old Bayshore Highway and Lang Road; (2) Adrian Road between Millbrae city limits and David Road; (3) Old Bayshore Highway; (4) California Drive between Burlingame Avenue and Murchison Drive; (5) Carolan Avenue between Broadway and Oak Grove Avenue; (6) Peninsula Avenue between California Drive and Humboldt Road (7) Rollins Road between southern city limits to northern city limits; and (S) Skyline Boulevard from six hundred (600) feet north of Rivera Drive south to the city limits; and (9) Trousdale Drive between EI Camino Real and Skyline Boulevard. 13.24.015 Thirty miles per hour. (a) No person shall drive a vehicle upon any of the following designated streets at a speed greater than thirty (30) miles per hour; it is determined that the speed limitation hereby established is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe: (1) California Drive between Peninsula Avenue and Burlingame Avenue; (2) Peninsula Avenue between EI Camino Real and California Drive; and (3) Hillside Drive between Alvarado Avenue and EI Camino Real. 13.24.020 Twenty-five miles per hour for certain vehicles. (a) No person shall drive any motor truck or truck-tractor having three (3) or more axles or any motor truck or truck-tractor drawing any other vehicle at a speed in excess of twenty-five (25) miles per hour in descending the grade on all portions of Trousdale Drive; it is determined that the speed limitation hereby established is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. This section does not apply to any bus having three (3) or more axles. 13.24.025 Twenty-five miles per hour. (a) No person shall drive a vehicle upon any of the streets not identified in Sections 13.24.005, 13.24.010, and 13.24.015 at a speed greater than twenty-five (25) miles per hour; it is determined that the speed limitation hereby established is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. Section 3. The Director of Public Works is authorized and directed to procure appropriate signs giving notice of the provisions of this section and to erect several such signs on the above designated streets, and the provisions of this section shall be effective when such signs are erected. Section 4. The City Clerk is directed to publish this ordinance in the manner required by law. Michael Brownrigg, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a public hearing occurred at a regular meeting of the City Council held on the 18'" day of August, 2014, and adopted thereafter at a regular meeting of the City Council held on the 2nd day of September, 2014, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk 6U�L1N�,iRME � I Table 1 Speed Survey Result Summary City of Burlingame 2014 Engineering and Traffic Survey Roadway Segment Posted Average 85`" Pace Percent Recommended Speed speed Percentile Speed in Pace Speed Limits Speed Limits (mph) _...._. ................ 1. Adeline Drive 25 24 27 19-29 93 25 Between EI Camino and Alvarado 2. Adrian Road 25 . 33 38 28-38 74 Between David and Millbrae City Limit 3. Airport Boulevard 35 35 40 30-40 77 36 (Between Bayshore and Lang) 4. Barroilhet Avenue 25 25 29 20-30 87 25 Between EI Camino and Elm 5. Bayshore Hwy. 35 35 40 30-40 77 35 Between Airport and Millbrae City Limit 6. Bayswater Avenue 25 26 29 20-30 93 25 Between California and Humboldt 7. Bernal Avenue 25 26 30 22-32 91 25 Between Adeline and Devereux 8. Bloomfield Road 25 24 28 19-29 91 25 (Between Peninsula and Rollins 9. Broadway 25 26 29 20-30 87 25 Between Balboa and Vancouver 10. California Drive 25 29 33 24-34 81 3� Between Peninsula and Burlingame) 11. Califomia Drive 35 35 39 29-39 80 36 Between Burlingame and Broadway) 12. California Drive 35 35 39 30-40 88 35 (Between Broadway and Murchison 13. Carmelita Avenue 25 25 29 20-30 91 25 Between California and EI Camino 14. Carmelita Avenue 25 27 31 22-32 83 26 Between EI Camino and Vancouver 15. Carolan Avenue 35 37 41 31-41 81 35 (Between Oak Grove and Broadway) 16, Chapin Avenue 25 22 24 17-27 95 25 (Between EI Camino and Primroses_ 17. Cypress Avenue 25 26 30 21-31 87 25 Between EI Camino and Barroilhet 18. Easton Drive 25 24 27 18-28 94 25 "Between EI Camino and Alvarado City of Burlingame 2014 Engineering and Traffic Survey 4 2014 Engineering and Traffic Surveys BVRUNGAME i Table 1 Speed Survey Result Summary—Continue City of Burlingame 2014 Engineering and Traffic Survey Roadway Segment Posted Average Critical Pace Percent Recommended Speed speed Speed Speed in Pace Speed Limits Limits(mph) 19. Floribunda Avenue 25 25 29 20-30 82 25 (Between California and EI Camino) 20, Grove Avenue 25 28 32 23-33 86 25 Between EI Camino and California 21. Hillside Drive 30 32 35 27-37 90 30 (Between EI Camino and Alvarado 22. Howard Avenue 25 28 31 23-33 90 25 (Between Humboldt and California) 23. Howard Avenue 25 27 30 22-32 93 25 Between EI Camino and Occidental 24. Lincoln Avenue 25 27 30 21-31 85 25 Between EI Camino and California 25. Marco Polo Way 25 26 30 21-31 87 25 Between Trousdale and Davis 26. Mills Avenue 25 26 32 21-31 75 25 Between EI Camino and California 27. Murchison Drive 25 29 32 24-34 90 25 Between EI Camino and Sequoia) 28. North Carolan Avenue 25 26 31 21-31 76 25 Between Rollins and Edwards 29, Oak Grove Avenue 25 27 31 22-32 93 25 Between EI Camino and California 30. Oak Grove Avenue 25 27 31 22-32 84 25 Between California and Rollins 31. Occidental Avenue 25 28 32 23-33 91 25 _ CBetween Barroilhet and Bellevue) 32. Peninsula Avenue 30 29 32 24-34 94 30 Between EI Camino and California 33. Peninsula Avenue 35 32 36 26-36 88 35 ,Between California and Humboldt � 34. Quesada Way 25 26 28 21-31 95 25 Between Trousdale and Davis __. 35. Ralston Avenue 25 27--1 31 22-32 87 25 Between EI Camino and Hillsborough) City of Burlingame 2014 Engineering and Traffic Survey 5 2014 Engineering and Traffic Surveys Table I Speed survey Result Summary-Continue City of Burlingame 2014 Engineering and Traffic Survey Roadway Segment Posted Average i Critical Pace Percent Recommended Speed speed Speed Speed in Pace Speed Limits i Limits(mph) .......................- .......... I I...................... .................................. ........................................ ..... ......................... 36. Rollins Road 35 37 41 31-41 86 35 (Between San MateoandBroadway.) 37. Rollins Road 35 35 39 630-40 81 35 (Between Broadway and Millbrae 38. Rosedale Avenue 25 28 32 23-33 92 26 (Between El Camino and California) W Skyline Boulevard 35 42 46 37-47 81 (Between Trousdale and S.City Limit) 40. Trousdale Drive 35 31 34 25-35 91 36 (Between Skyline and El Camino) 41. Vancouver Avenue 25 25 27 20-30 99 25 (Between Broadwa�y..andl Adeline) City of Burlingame 2014 Engineering and Traffic Survey Definitions: Posted speed limits:Speed limits currently posted. Average speed: Average speed is the cumulative speed divided by the number of observed vehicles. 85'4 percentile speed:Also known as critical speed,is the speed at or below which 85 percent of traffic is moving. Pace speed: Pace speed is defined as the 10-mile increment(range)of speed containing the largest number of vehicles. An,•-re W Wong, Transportation Engineer for the City of Burlingame, California hereby crt� . e on July 30, 2014 that the above information is true and correct. An&6� Wong, Transportation Engineer City of Burlingame 6 2014 Engineering and Traffic Surveys BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME, CA 94010 BURLINGAME Staff Report Dom, Agenda Item � Meeting Date'8 -t ' l To: Honorable Mayor and City Council Date: August 18, 2014 From: Carol Augustine, Finance Director - (650) 558-7222 Subject: Approval of Investment Policy for Fiscal Year 2014-2015 RECOMMENDATION Staff recommends that the City Council approve a revised Investment Policy for the City of Burlingame. BACKGROUND The investment of funds by a California local agency, including the types of securities in which an agency may invest, is governed by the California Government Code. The law requires that the legislative body of each agency adopt an investment policy, which may add further limitations than those established by the State. In addition, an agency's investment policy must be reviewed annually, and any changes must be adopted at a public meeting. The City's Investment Policy was last reviewed by the City Council on January 6, 2014. At that time, several minor changes were made to enable staff to transact within compliance with the policy. The review included a summary of best practices in developing an investment policy and noted several key elements that were lacking or understated in the current policy. Also at that time, Council approved staff's recommendation to engage an outside investment advisor, to provide for a more comprehensive view of the market, which in turn would allow for more informed investment decisions, and a wider diversification of the portfolio. Staff noted that no changes would be made to the delegation of management responsibility for the City's investment program. In March, City staff issued an RFP for Investment Advisory Services. After a thorough analysis and referencing process of the five highly qualified firms that submitted proposals, PFM Asset Management, LLC was selected, and the contract for investment advisory services was awarded on July 7 t` . Since that time, staff has worked with representatives of PFM to: • Review the City's current portfolio • Analyze the City's cash flows • Establish the City's investment goals • Confirm procedures for trade approval • Suggest revisions for the investment policy City of Burlingame Page 1 of 3 Printed on 8/12/2014 powered by LegistarT" s In addition,PFM and City staff continue to develop a strategy that meets the City's specific investment goals. DISCUSSION Establishment of an investment policy is but one step in a comprehensive investment discipline. While the current policy adequately reflects the restrictions imposed by California Government Code (Sections 16340, 16429.1, 53601, 53601.6, 53601.8, 53635, 53635.2, 53635.8, 53638, and 53684 include a number of requirements on how and where public money may be invested), the policy revisions recommended are informed by best industry practices and serve to make the policy a more clear, robust and efficient policy. A summary of PFM's review and recommendations is included in the memo attached as Exhibit 1. With guidance promulgated by the Government Finance Officers' Association, the Association of Public Treasurers of the United States and Canada, and the California Municipal Treasurers Association, revisions include the addition of sections to the policy that add specificity to the policy,including: • Scope • Prudence • Ethics and Conflicts of Interest • Safekeeping and Custody • Internal Controls • Performance Standards • Reporting • Investment Policy Adoption In addition,a Glossary of Terms was added not only to provide clarity to the types of investments authorized for purchase,but to define other terms in the policy as they are used within current financial markets and the investment community. The largest section, Acceptable Investment Instruments, outlines which of the investments allowed by state law for local government portfolios may be purchased for the City. The revised policy does allow more investment instruments than provided in the City's current policy. Here they are shown as numbered in the revised policy for easy reference: • 4. Treasury notes or bonds of any of the other 49 states in addition to California • 9. Medium-Term Notes • 13. Mortgage and Other Asset-Backed Securities(MBS and ABS) • 17. Other Local Government Investment Pools(LGIPs) In the current policy, municipal bonds and notes are restricted to the State of California and local agencies within the state. The California Government Code(CGC)allows investment in the registered obligations of all 50 states(but only at the state level-local level obligations are not included.) Medium-term notes,MBS and ABS are also allowed in certain allocated amounts within the CGC, and are defined in the policy's Glossary of Terms. The revised policy allows for investments in other LGIPs(in addition to the Local Agency Investment Fund-LAIF-and the San Mateo County Pool,listed separately in the policy),also to the extent allowed in the CGC. The revised policy more clearly specifies the maximum allocation per each type of allowable investment instrument,as well as any maximums per issuer within each investment type. In addition,maximum maturities and minimum credit qualities are delineated in the recommended policy. City of Burlingame Page 2 of 3 Printed on 8/12/2014 powered by Leglstar— FISCAL IMPACT Adoption of the City's Investment Policy with the recommended changes will not result in any direct impact on City resources. However, it will allow for the development of a clear investment strategy that provides a portfolio that is safe, diversified, and has lower volatility than comparable market benchmarks. Exhibits: 1 . PFM Memo regarding review of Burlingame Investment Policy 2. 2014 Statement of Investment Policy (red-lined with recommended revisions) 3. Fiscal Year 2014-15 (proposed) 4. Investments Permitted by California Gov't Code 5. Recommended Allowable Investment Instruments City of Burlingame Page 3 of 3 Printed on 8/12/2014 powered by LegistarTM i —'PFM' 50 California Street 415 982-5544 Suite 2300 415 982-4513 fax San Francisco,CA 94111 www.pfm.com The PFM Group Public Financial Management,Inc. PFM Asset Management LLC PFM Advisors August 8,2014 Memorandum To: Carol Augustine,Finance Director Citp ofBadingame From: Carlos Oblites,Director Charles Cook,Analyst PFMAssetManagementLLC Re: Review of City's Investment Policy Summary We have completed our review of the City's Investment Policy. We found the Policy to be robust and useful for the management of the City's funds. Moreover, the Policy is in compliance with the California Government Code ("Code"). While there were no changes in Code that require the City to change its Policy at this time, we do recommend including language that will closer align the Policy with Code, incorporate best industry practices as recognized by the Association of Public Treasurers of the United States and Canada ("APT"), and Government Finance Officers Association ("GFOA"), and allow the City to take advantage of all opportunities available while still following its objectives of safety and liquidity. Investment Policy Elements We reviewed the City's Policy for inclusion of sections deemed essential to written investment policies which provide for greater governance, transparency, and clarity. While we have found the Policy already includes several of these elements,we recommend adding the full array of elements as outlined by APT. PolicyAPT Investment Policy?Investment Investment Policy Yes Scope No Prudence No Objective Yes DelegaGonoCAufhority +—Y" Investment Procedures No Ethics and Conflicts of Interest _ No Authorized Financial Dealers and Institutions T No Authorized and Suitable Investments Yes Investment Pools/Mutual Funds No Collateralization Yes Safekeeping and Custody No 'Diversification Yes Maximum Maturities Yes Internal Controls No N Performance Standards No Reporting _.. No _._. Investment PolicyAdoption _— No Glossary No August 8,2014 v A Page 2 Language Changes We have made additional recommendations and language changes which will better align the Policy with Code and provide a greater level of clarity.Among them are: • Scope: We recommend the addition of a section outlining the scope of the Policy,including a description of the types of funds covered by the Policy. • Prudence: We recommend including the Prudent Investor Standard as outlined in Code Section 53600.3. • Objectives: We recommend listing the City's objectives in the manner they are listed in Code,with additional language describing each goal. • Delegation of Authority: We recommend moving this section closer to the beginning of the document, and including language recognizing that the City may engage an investment advisor to help the City achieve its investment goals. • Investment Procedures: We recommend inclusion of this section to specifically state that the Finance Director/Treasurer will establish procedures for the operation of the City's investment program. • Ethics and Conflicts of Interest: The City's policy will benefit from inclusion of language that addresses conflicts of interest investment personnel may encounter. • Authorized Financial Dealers and Institutions: We recommend the Policy include specific criteria to be met by brokers and financial institutions that wish to do business with the City. This section also recognizes that the City's investment advisor may maintain its own list. • Acceptable Investment Instruments: The City's list of permitted investment is robust.We recommend an addition of descriptions of each investment type already included in the Policy as provided by Code. We also recommend inclusion of additional investment types not already in the Policy but allowed by Code: - Registered treasury notes or bonds of any of the other 49 states in addition to California - Medium-term notes—we include this section as a clean-up. This section was included in prior versions of the City's Policy but was missing from the last version. - Pass-through obligations,including mortgage-and asset-backed securities - Shares of local government investment pools that are joint powers authorities Additionally, we recommend further language addressing permitted investments clarifying that: - Concentration limits and minimum credit quality apply at time of purchase August 8,2014 A Page 3 C PFM` - In the case of a downgrade in credit quality below the minimum requirement, the Finance Director/Treasurer shall generate a plan to handle the downgraded securities - Investments in non-government securities and investment pools are to be limited to 5%per issuer - All investments are to be purchased with the intent to hold to maturity, but this intent does not preclude sales before maturity in order to reposition the City's portfolio to enhance return - Maturity limits shall not exceed five years unless specifically approved by the City Council at least three months prior to investing • Internal Control: We recommend including language stating the Finance Director/Treasurer will establish a review process over the investment program. • Custody of Securities: We recommend the City explicitly state that safekeeping of assets will be done by a third-party custodian bank which transfers assets using standard delivery- versus-payment procedures. • Performance Standards: We recommend the City state the need for a performance- measuring benchmark to gauge the success of its investment program • Reporting: We recommend inclusion of Code language that dictates the type and frequency of reports that are submitted to policy makers. • Policy Review: The Policy will benefit from language that sets the frequency of the Policy's review,and establishes the basis of the review. • Glossary: We recommend the City include a glossary that defines investment terms for the benefit of readers. There is a new section that has been added to Code to allow certain California entities to purchase securities from supranational issuers beginning on January 1, 2015. Investments in Supranational securities will be limited to bonds issued by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank. Supranational purchases will be further limited to only securities rated "AA" or higher, and will be capped at a maximum allocation of 30%. Because this new addition to Code does not take effect until the beginning of next year, we are recommending the City wait to include this asset class. In the meantime, we will be discussing the risk and return profile of supranational investments with City staff to determine the appropriateness of its inclusion in future revisions of the City's Investment Policy. Please let us know if you have any questions. Investments Permitted by CaliforniaCode Overnight 180 Days 270 Days 1 Year 5 Years Beyond 5 Years U.S. Treasuries With Council Approval Federal Agencies '• With Council Approval] m Municipal Securities With Council A royal x' p Negotiable Certificates of Deposit Permitted Prohibited CD Q < Commercial Paper Permitted Prohibited CD Bankers'Acceptances Permitted Prohibited 0 o Medium-Term Corporate Bonds ("A" or Better) Permitted Prohibited Asset-Backed Securities (ABS) Permitted • •• Repurchase Agreements Permitted Prohibited Money Market Funds Permitted Prohibited Local Government Investment Pools Permitted Prohibited Foreign Sovereign/Supranationals L6 Prohibited x' Commercial MBS Prohibited 0. 0 High-YieldProhibited sa Private Placements Prohibited 0Q- o m Convertibles Prohibited Non-U.S. Dollar Investment Grade • Emerging Markets Debt Prohibited Domestic Small/Mid Cap • M Domestic Large Cap •• = Domestic Value/Growth Prohibited International Small/Mid Cap Prohibited CD N International Large Cap Prohibited Emerging Markets Prohibited D Commodities Real Estate Prohibited CD Hedge FundsProhibited Private EquitylllliilllkProhibited CD Venture Capital Prohibited N Tangible Assets Prohibited Source:California Government Code,§53600 et seq. ©PFM Asset Management LLC Recommended Maximum Allocations Sector CGC Maximum City's Recommended Allocation Maximum Allocation Maximum Allocation U.S. Treasuries 100% 100% 100% Federal Agencies 100% 100% 100% Municipals: California Onl • California 100% 100% y 100% • Other 49 States' Bankers'Acceptances 40% 40% 40% Commercial Paper 25% 25% 25% i Non-Negotiable CDs 100% 100% 100% Negotiable CDs 30% 30% 30% Corporate Notes 30% 30% 30% Passthrough 20% Not Permitted 20% Securities I LAIF $50 million $50 million $50 million LGIPs 100% Not Permitted 100% Money Market Funds 20% 20% 20% ©PFM Asset Management LLC 2 Recommended Allowable Maximum Per Issuer Sector CGC Maximum City's Maximum Recommended Maximum per Issuer per Issuer per Issuer' U.S. Treasuries - - - Federal Agencies - - - Municipals: • California - - • Other 49 States' Bankers'Acceptances 30% 30% 5% Commercial Paper No more than 10% of an 5% and no more than 10% of issuers outstanding CP an issuer's outstanding CP Non-Negotiable CDs - - - Negotiable CDs - - 5% Corporate Notes - - 5% Passthrough o Securities - Not Permitted 5/o LA I F - - - LGIPs - Not Permitted - Money Market Funds - - - 1. Regardless of investment sector ©PFM Asset Management LLC 3 Recommended Allowable Investment Instruments — Maximum Maturity Sector CGC Maximum City's Maximum Recommended Maximum Maturity' Maturity Maturity U.S. Treasuries 5 years " 5 years 5 years Federal Agencies 5 years 5 years 5 years Municipals: • California 5 Years 5 years 5 years • Other 49 States' Bankers'Acceptances 180 days 5 years 180 days Commercial Paper 270 days 5 years 270 days Non-Negotiable CDs 5 years 5 years 5 years Negotiable CDs 5 years 5 years 5 years Corporate Notes 5 years 5 years 5 years z Passthrough Securities 5 years Not Permitted 5 years LAIF n/a n/a n/a 3 LGIPs n/a Not Permitted n/a z Money Market Funds n/a n/a n/a 3 ©PFM Asset Management LLC 4 Recommended Allowable Investment Instruments — Credit Sector CGC Required Minimum City's Minimum Recommended Minimum Credit Quality Credit Quality Credit Quality U.S. Treasuries - - - Federal Agencies Municipals: • California - - - • Other 49 States' 3 Bankers'Acceptances A-1 - A-1 Commercial Paper A/A-1 - A/A-1 Non-Negotiable CDs - Institution Requirements Institution Requirements Negotiable CDs - - - Corporate Notes I A - A 1 Passthrough Securities A (Issuer)/AA(Issue) Not Permitted A (Issuer)/AA (Issue) LA I F - - - LGIPs Advisor Requirements Not Permitted Advisor Requirements Money Market Funds AAA or Advisor - AAA or Advisor Requirements Requirements ©PFM Asset Management LLC Jr � CITV BURLINGAME OA AT E�JU NE 6, CITY OF BURLINGAME, CA STATEMENT OF INVESTMENT POLICY July 2014 PURPOSE This statement contains guidelines for the prudent investment of the City's temporarily idle cash in accordance with Government Code sections 53600, et. seq. The ultimate goal of the City's Investment Policy is to protect the City's pooled cash while producing a reasonable rate of return on investments. SCOPE The Investment Policy applies to all funds and investment activities of the City except the investment of bond proceeds, which are governed by the appropriate bond documents, and any pension or other post-employment benefit funds held in a trust. PRUDENCE The standard of prudence to be used by investment officials will be the "prudent investor" standard, which states that, "when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." OBJECTIVES The primary objectives, in priority order, of the investment activities of the City are 1. SAFETY — Safety of principal is the foremost objective of the City of Burlingame. 2. LIQUIDITY — The City's portfolio will remain sufficiently liquid to enable the City to meet its cash flow requirements. It is important that the portfolio contain investments which provide the ability of being easily sold at any time with minimal risk of loss of principal or interest. Page 1 of 13 3. RETURN—The City's portfolio will be designed to attain a market rate of return through economic cycles consistent with the constraints imposed by its safety objective and cash flow considerations. DELEGATION OF INVESTMENT AUTHORITY Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section 53607,the Finance Director/Treasurer is authorized to invest and reinvest money of the City,to sell or exchange securities so purchased,and to deposit such securities for safekeeping in accordance with and subject to this investment policy. The City may engage the support services of outside investment advisors in regard to its investment program.so long as these services are likely to produce a net financial advantage or necessary financial protection of the City's financial resources. FRGReYS+e the fullest e.heRt 7 Invert in a Fange of ies+r„men+s+.,ie a diversifies+ion of the G-it y's eer+fe Ge M! be to Fneet the liquidity I'iquiiditty nee f the yThe third ehieGtmye is to achieve a ret,wn an the ie es+m e..+of f,.nds 4.. will be on GGFnpliaRGe with goveming pF(Msians of the law. INVESTMENT PROCEDURES The Finance Director/Treasurer will establish investment procedures for the operation of the City's investment program. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process will refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Finance DirectorlTreasurer will maintain a list of financial dealers and institutions qualified and authorized to transact business with the City. The purchase by the City of any investment other than those purchased directly from the issuer,will be purchased either from an institution licensed by the State as a broker- dealer,as defined in Section 25004 of the Corporations Code,which is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated securities exchange, a national or state chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code),or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. Page 2 of 13 The Finance Director/Treasurer will investigate all institutions that wish to do business with the City, to determine if they are adequately capitalized, make markets in securities appropriate for the City's needs, and agree to abide by the conditions set forth in the CitV of Burlingame's Investment Policy and any other guidelines that may be provided. This will be done annually bV having the financial institutions: 1. Provide written notification that they have read, and will abide by, the City's Investment Policy. 2. Submit their most recent audited Financial Statement within 120 days of the institution's fiscal year end. If the CitV has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. Purchase and sale of securities will be made on the basis of competitive bids and offers with a minimum of three quotes being obtained. ACCEPTABLE INVESTMENT INSTRUMENTS Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the Finance Director/Treasurer will perform a timely review and decide whether to sell or hold the investment. The City will limit investments in any one non-government issuer, except investment pools, to no more than 5% regardless of security type. Acceptable investments authorized for purchase by the finaRGe—Finance dffe6tAfDlrector/Treasurer are: 1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. U.S. Government nn,+ Aeene �nnn+,en (notes hills or blind,.-;. of the ;.l S Gov en+__t and its 2. 3_ e.emnan'e Rdier thrift and leen ,.,hieh mee+ the +' el criteria established by the Gity.`Obligations of the State of California or any local Page 3of13 agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency. 4—Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by a state, or by a department, board, agency, or authority of any of these states. 4. 5. Bankers' Acceptances with a rating of the highest ranking or highest letter and number rating as provided for by a nationally recognized statistical-rating organization (NRSRO). Purchases of bankers' acceptances may not exceed 180 days. No more than 40% of the City's portfolio may be invested in bankers' acceptances. 2. BaRkers' AGGeptaRGes 6. Commercial Paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper must meet all of the following conditions in either paragraph a or paragraph b: a. The entity meets the following criteria: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, that is rated "A" or higher by a NRSRO. b. The entity meets the following criteria: (i) is organized within the United States as a special purpose corporation, trust, or limited liability company (ii) has program-wide credit enhancements including but not limited to, over collateralization, letters of credit, or surety bond, and (iii) has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO. Eligible commercial paper will have a maximum maturity of 270 days or less. No more than 25% of the City's portfolio may be invested in commercial paper. The Citv may purchase no more than 10% of the outstanding commercial paper of any single issuer. 7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. No more than 30% of the City's portfolio may be invested in negotiable CDs. 8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank, savings association or federal association, or federal or state credit union with a branch in the State of California. In accordance with California Government Code Page 4 of 13 Section 53635.2 to be eligible to receive City deposits, a financial institution will have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisorV agency of its record of meeting the credit needs of California's communities. Time CDs are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion maV waive the collateralization requirements for any portion that is covered bV federal deposit insurance. The CitV will have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits will be made at any time in time CDs issued by a state or federal credit union if a member of the City Council or the n,FeGter of F;n Finance Director/Treasurer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit will not exceed that total shareholder's equity of any depository bank, nor will the deposit exceed the total net worth of anV institution. 9. Medium-Term Notes issued bV corporations organized and operating within the United States or bV depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes will be rated in a rating category "A" or its equivalent or better bV a NRSRO. No more than 30% of the City's portfolio may be invested in medium-term notes. 3. Commercial Paper 10.Demand Deposits 4.11. Passbook Savings Accounts 12.6. Money Market Funclslh1„4.,n1 o,,.,ag Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seg.). To be eligible for investment pursuant to this subdivision these companies will either: (i) attain the highest ranking letter or numerical rating provided bV at least two NRSROs or (ii) have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. No more than 20% of the City's investment portfolio may be invested in monev market funds. 13.Mortgage passthrough security, collateralized mortgage obligation, mortgage- backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years' maturitV. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by an NRSRO and rated in a rating category of "AX or its Page 5 of 13 equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision may not exceed 20% percent of the City's investment portfolio. MORey Market Fmi-ind-s.0.4utual Funds 14.Repurchase Agreements. Repurchase Agreements shall be used solely as short- term investments not to exceed 30 days. a. The City will enter into repurchase agreements only with primary government securities dealers as designated by the Federal Reserve Bank of New York. Repurchase agreements shall be governed by a master repurchase agreement adopted by the Public Securities Association. All securities underlying repurchase agreements shall be delivered to the City's custodian bank, or be handled under a properly executed "tri-party" custodial arrangement. Collateral for repurchase agreements is restricted to U.S. Treasury issues or Federal Agency issues. b. The underlying collateral must be at least 102% of the repurchase agreement amount. If the value of securities held as collateral slips below 102% of the value of the cash transferred, then additional cash or acceptable securities must be delivered to the third party custodian. Market value shall be recalculated each time there is a substitution of collateral. For repurchase agreements with terms to maturity of greater than three days, the value of the collateral securities shall be marked to market weekly by the custodian, and, if additional collateral is required, then that collateral must be delivered within two business days. If a collateral deficiency is not corrected within two days, the collateral securities will be liquidated. arc. A perfected first security interest in the collateral securities, under the Uniform Commercial Code, shall be created for the benefit of the City. Collateral securities shall be held free and clear of any lien and shall be held by an independent third party acting solely as an agent for the City, and such third party shall be (i) a Federal Reserve Bank, or (ii) a bank which is a member of the Federal Deposit Insurance Corporation and which has combined capital, surplus, and undivided profits of not less than $50 million.oe^ fGhase °nren4e^tc Negotiable GeFtifiGates of Deposit (deposits with Gommercial banks andlor a.• vec and loan r.....enrniec ..•hich .neat the finia ncicl criteria established by . may. 5:15. Local Agency Investment Funds (State Pool) an investment pool run by the State Treasurer. The City can invest up to the maximum amount permitted by the State Treasurer. 6:16. County Investment Fund (San Mateo County Pool) 17.Shares of beneficial interest issued by a joint powers authority (Local Government Investment Pools) organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to Page 6 of 13 (o) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlVinq pool of securities owned by the joint powers authority. The Pool will be rated in a rating category "AAA" or its equivalent by a NRSRO. To be eligible under this section, the shares will maintain a stable net asset value (NAV) and the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: a. The adviser is registered or exempt from registration with the Securities and Exchange Commission. b. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o) Government Code Section 53601, inclusive. c. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). 7:18. Guaranteed Investment Contracts (collateralized with Government Securities, physically delivered to an acceptable safekeeping account.) SeGtie�0 et. seq. of the State of California Government Gede e„+lines the GGliateral FequiFeFneRt6 fGF GeFtain types of investments and also limits the percentage of the firne ssherJ les a 'nrJ'oa+erl by the Gash flown ee+'o of the !"t.. RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS Section 53600 et. seq. of the State of California Government Code outlines the collateral requirements for certain types of investments and also limits the percentage of total investments which can be placed in certain classifications. Investments must meet the time schedules as indicated by the cash flow projections of the CitV. Investments will be purchased with the intent to hold until maturity, however this will not preclude the sale of securities prior to maturity in order to reposition the portfolio's duration, credit quality, or enhance the rate of return. INVESTMENT POOLS/MONEY MARKET FUNDS Q Registered state viarrants er treasuFy petes er beRds of the State of Carfem a iRGlnd' bands able. solel out of the. fFGrn a Feve .. eduoin .�,�.,,9--gym Nw�,. ,..� � p�v „y propeFtj'--Gwned-, GORtFllled�er eopeFaated by the state er by a deportmentheaFd ether entity of the state. O QendC ne+es n+s n+her 'ndeb+edi.. .c. of the local ageRGY, . IGGal aqeRGY •d+his this state nelnding bends .able solely out of the revenues from revenue red6l Ging re erty n ed ntFolled 9F operated by the IGGal a genGY, of by a depaFtment, beafd, agency, o. authority of the 1-Gal agenGy. The State pool and San Mateo County Pool invests in additional Government Code authorized investments that are not approved for direct purchase by the finance Finance direGtGFDirector/#ea&fefTreasurer. These pools shall provide a current investment Page 7 of 13 policy and monthly reports for review by the tee—Finance direeterDirector/ e:Treasurer. The f'r,aRGee Finance difeeterDirector/treas-wfer Treasurer is authorized to invest in these pools provided they reasonably appear to be in conformance with their investment policies, ,^,high aFe a#asham for reference to this may. REPURCHASE AGREEMENTS _ TERM LIMIT AND SAFEKEEPING The City will will—r 'require phySiGaldelivery of the seGUrities honking the Fep6iFGha&e agreements te aR aGGeptable safekeeping aGGGURt ef a th'Fd paFty iR the City's Rame as- fated in Gerle Sent!on 53604/'\ Ren rnhase agFeements will be used solely as shnh term investments not tee ed 30 days MATURITY LIMIT State law requires that the maturity of any given instrument should not exceed five years unless specifically approved by City Council at least three months before the investment is made. INTERNAL CONTROL The Finance DirectorlTreasurer will establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. CUSTODY OF SECURITIES All securities owned by the City except time deposits and securities used as collateral for repurchase agreements, will be kept in safekeeping by a third-party bank's trust department, acting as an agent for the City under the terms of a custody agreement executed by the bank and the City. All securities will be received and delivered using standard delivery versus payment procedures. PERFORMANCE STANDARDS The City's portfolio shall be structured to achieve a market-average rate of return through various economic cycles, commensurate with the investment risk constraints and the cash flow needs. The benchmark for "market-average rate" shall be the rate of return of a market-based index which has the same type of sector and maturity requirements as the City's portfolio. REPORTING Page 8 of 13 The Finance Director/Treasurer will provide a monthly investment report to the City Council showing all transactions, type of investment, issuer, purchase date, maturity date, purchase price, yield to maturity, and current market value for all securities. POLICY REVIEW This Investment Policy will be reviewed at least annually to ensure its consistency with: 1 . The California Government Code sections that regulate the investment and reporting of public funds. 2. The overall objectives of preservation of principal, sufficient liquidity, and a market return. DCCTQlnTIr1Al QK1 IAI\/CCTIfirhlT 13/'11 1!`ICC AAIM !`ITV nc)hlCTQAlhlTC Ceram+inn 53600 et con of the State of California Government Ge de outlines the tetal *RvestmeRtS whiGh GaR be plaGed in GeFtaiR Glass D fiGatiens. investments must meet the torne SGhedules as undiGated by the Gash f!Gw projeGtOE)RS of the City. Investments made. in suGh Gases, a dOGUmented aRalysis will be prepared and approved by the speGUlatmc)n regarding mRteFeSt rates. The aGtual level E)f iRterest Fates at any4v., I tit I I� weighed with the sc)undness of the institutienOF iRvestment instrument will b CERTIFICATES OF DEPOSIT: lCTITUTION FINANCIAL REQUIREMENTS All OnstitutiGns must have aM*R*.MRAm of $100 million in assets. InStmtUtmeRs have a demonstrated history Of and mustGarry a min murn 0 equity ratie and must t ratio for at least ono year prior to the City's inyestment. �T assets in addition to meeting the above nriteria , safekeeping annn, ,nt at a designated ldepesitory. DELEGATION OFNV ENT AUTHORITY ITHORITY Page 9 of 13 Approved by City Council on Michael Brownrigg Mayor Lisa Goldman City Manager Carol Augustine Finance Director/Treasurer ATTEST: Mary Ellen Kearney City Clerk Page 10 of 13 Glossary Asset Backed Securities (ABS) are securities backed by loans or receivables on assets other than real estate.ABS can be secured by a variety of assets including, but not limited to credit card receivables,auto loans,and home equity loans. Bankers' Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions.They are time drafts drawn on a bank bV an exporter or importer to obtain funds to pay for specific merchandise. BV its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high-grade negotiable instrument. Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on the transaction.A broker brings buyers and sellers together for a commission.They do not take a position.A dealer acts as a principal in all transactions,buVinq and selling for his own account. Certificates Of Deposit 1. Negotiable Certificates of Deposit are large-denomination CDs. They are issued at face value and typically pay interest at maturity, if maturing in less than 12 months. CDs that mature beyond this range pay interest semi-annually. Negotiable CDs are issued by U.S. banks (domestic CDs), U.S. branches of foreign banks(Yankee CDs), and thrifts.There is an active secondary market for negotiable domestic and Yankee CDs. However, the negotiable thrift CD secondary market is limited.Yields on CDs exceed those on U.S.treasuries and agencies of similar maturities. This higher Vield compensates the investor for accepting the risk of reduced liquidity and the risk that the issuing bank might fail. State law does not require the collateralization of negotiable CDs. 2. Non-negotiable Certificates of Deposit are time deposits with financial institutions that earn interest at a specified rate for a specified term. Liquidation of the CD prior to maturity incurs a penalty.There is no secondary market for these instruments,therefore,they are not liquid.Thev are classified as public deposits, and financial institutions are required to collateralize them. Collateral may be waived for the portion of the deposits that are covered by FDIC insurance. Collateral refers to securities, evidence of deposits, or other property that a borrower pledges to secure repayment of a loan. It also refers to securities pledged by a bank to secure deposits. In California, repurchase agreements, reverse repurchase agreements,and public deposits must be collateralized. Commercial Paper is a short term,unsecured, promissory note issued by a corporation to raise working capital. Page 11 of 13 Demand Deposits are funds held that can be withdrawn at anytime without advance notice to the institution holding the funds. Federal Agency Obligations are issued by U.S. Government Agencies or Government Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S. Government most Agencies and GSEs are not guaranteed by the United States Government. Examples of these securities are notes, bonds, bills and discount notes issued by Fannie Mae (FNMA), Freddie Mac (FHLMC), the Federal Home Loan Bank system (FHLB) and Federal Farm Credit Bank (FFCB). The Agency market is a veru large and liquid market, with billions traded every day. Guaranteed Investment Contracts (GIC) are contracts that guarantee principle repayment after a certain period of time along with a predetermined interest rate. Issuer means any corporation, governmental unit, or financial institution that borrows money through the sale of securities. Liquidity refers to the ease and speed with which an asset can be converted into cash without loss of value. In the money market, a security is said to be liquid if the difference between the bid and asked prices is narrow and reasonably sized trades can be done at those quotes. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury that local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $50 million for any California public agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the agency's LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one- quarter of one per cent of the earnings. Local Government Investment Pools (LGIP) are investment tools similar to money market funds that allow public entities to invest funds. Market Value is the price at which a security is trading and could presumably be purchased or sold. Maturity is the date upon which the principal or stated value of an investment becomes due and payable. Medium-Term Notes are debt obligations issued by corporations and banks, usually in the form of unsecured promissory notes. These are negotiable instruments that can be bought and sold in a large and active secondary market. For the purposes of California Government Code, the term "Medium Term" refers to a maximum remaining maturity of Page 12 of 13 five years or less. TheV can be issued with fixed or floating-rate coupons, and with or without early call features although the vast maioritV are fixed-rate and non-callable. Corporate notes have greater risk than Treasuries or Agencies because they rely on the ability of the issuer to make payment of principal and interest. Money Market Fund is a type of investment comprising a variety of short-term securities with high quality and high liquidity. The fund provides interest to shareholders and must strive to maintain a stable net asset value (NAV) of$1 per share. Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are securities that are backed cash flows from an underlying pool of mortgages. Principal describes the original cost of a security. It represents the amount of capital or money that the investor pays for the investment. Repurchase Agreements are short-term investment transactions. Banks buy temporarily idle funds from a customer bV selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date at an agreed upon interest rate. Repurchase Agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the Repo. Repurchase Agreements must be collateralized. Total Return is the performance of a portfolio including interest income and any capital appreciation or depreciation as a result of interest rate movements. U.S. Treasury Issues are direct obligations of the United States Government. They are highly liquid and are considered the safest investment security. U.S. TreasurV issues include: 1. Treasury Bills which are non-interest-bearing discount securities issued bV the U.S. Treasury to finance the national debt. Bills are currently issued in one, three, six, and twelve month maturities. 2. Treasury Notes that have original maturities of one to ten Vears. 3. Treasury Bonds that have original maturities of greater than 10 Vears. Yield to Maturity is the rate of income return on an investment, minus any premium above par or plus any discount with the adjustment spread over the period from the date of the purchase to the date of maturity of the bond. Page 13 of 13 CITY 4 Z O,o BURLINGAME � Fo OA n1 Eo J U NE f, CITY OF BURLINGAME, CA STATEMENT OF INVESTMENT POLICY July 2014 PURPOSE This statement contains guidelines for the prudent investment of the City's temporarily idle cash in accordance with Government Code sections 53600, et. seq. The ultimate goal of the City's Investment Policy is to protect the City's pooled cash while producing a reasonable rate of return on investments. SCOPE The Investment Policy applies to all funds and investment activities of the City except the investment of bond proceeds, which are governed by the appropriate bond documents, and any pension or other post-employment benefit funds held in a trust. PRUDENCE The standard of prudence to be used by investment officials will be the "prudent investor" standard, which states that, "when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." OBJECTIVES The primary objectives, in priority order, of the investment activities of the City are 1 . SAFETY — Safety of principal is the foremost objective of the City of Burlingame. 2. LIQUIDITY — The City's portfolio will remain sufficiently liquid to enable the City to meet its cash flow requirements. It is important that the portfolio contain investments which provide the ability of being easily sold at any time with minimal risk of loss of principal or interest. Page 1 of 11 3. RETURN—The City's portfolio will be designed to attain a market rate of return through economic cycles consistent with the constraints imposed by its safety objective and cash flow considerations. DELEGATION OF INVESTMENT AUTHORITY Pursuant to Burlingame Municipal Code Section 3.13.040 and Government Code Section 53607,the Finance Director/Treasurer is authorized to invest and reinvest money of the City,to sell or exchange securities so purchased,and to deposit such securities for safekeeping in accordance with and subject to this investment policy. The City may engage the support services of outside investment advisors in regard to its investment program,so long as these services are likely to produce a net financial advantage or necessary financial protection of the City's financial resources. INVESTMENT PROCEDURES The Finance Director/Treasurer will establish investment procedures for the operation of the City's investment program. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process will refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Finance Director/Treasurer will maintain a list of financial dealers and institutions qualified and authorized to transact business with the City. The purchase by the City of any investment other than those purchased directly from the issuer,will be purchased either from an institution licensed by the State as a broker- dealer,as defined in Section 25004 of the Corporations Code,which is a member of the Financial Industry Regulatory Authority (FINRA), or a member of a federally regulated securities exchange, a national or state chartered bank, a federal or state association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The Finance Director/Treasurer will investigate all institutions that wish to do business with the City,to determine if they are adequately capitalized, make markets in securities appropriate for the City's needs, and agree to abide by the conditions set forth in the City of Burlingame's Investment Policy and any other guidelines that may be provided. This will be done annually by having the financial institutions: Page 2 of 11 1. Provide written notification that they have read, and will abide by, the City's Investment Policy. 2. Submit their most recent audited Financial Statement within 120 days of the institution's fiscal year end. If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. Purchase and sale of securities will be made on the basis of competitive bids and offers with a minimum of three quotes being obtained. ACCEPTABLE INVESTMENT INSTRUMENTS Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment's credit rating falls below the minimum rating required at the time of purchase, the Finance Director/Treasurer will perform a timely review and decide whether to sell or hold the investment. The City will limit investments in any one non-government issuer, except investment pools, to no more than 5% regardless of security type. Acceptable investments authorized for purchase by the Finance Director/Treasurer are: 1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. 2. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. 3. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency, or by a department, board, agency or authority of the state or any local agency. 4. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by a state, or by a department, board, agency, or authority of any of these states. 5. Bankers' Acceptances with a rating of the highest ranking or highest letter and number rating as provided for by a nationally recognized statistical-rating Page 3 of 11 organization (NRSRO). Purchases of bankers' acceptances may not exceed 180 days. No more than 40% of the City's portfolio may be invested in bankers' acceptances. 6. Commercial Paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper must meet all of the following conditions in either paragraph a or paragraph b: a. The entity meets the following criteria: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, that is rated "A" or higher by a NRSRO. b. The entity meets the following criteria: (i) is organized within the United States as a special purpose corporation, trust, or limited liability company, (ii) has program-wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond, and (iii) has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO. Eligible commercial paper will have a maximum maturity of 270 days or less. No more than 25% of the City's portfolio may be invested in commercial paper. The City may purchase no more than 10% of the outstanding commercial paper of any single issuer. 7. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. No more than 30% of the City's portfolio may be invested in negotiable CDs. 8. Non-negotiable Certificates of Deposit (time CDs) in a state or national bank, savings association or federal association, or federal or state credit union with a branch in the State of California. In accordance with California Government Code Section 53635.2, to be eligible to receive City deposits, a financial institution will have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities. Time CDs are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by federal deposit insurance. The City will have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits will be made at any time in time CDs issued by a state or federal credit union if a member of the City Council or the Finance Director/Treasurer serves on the board of directors or any committee appointed by the board of directors of the credit union. In accordance with Government Code Section 53638, any deposit will not exceed that total shareholder's equity of any depository bank, nor will the deposit exceed the total net worth of any institution. Page 4 of 11 9. Medium-Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes will be rated in a rating category "A" or its equivalent or better by a NRSRO. No more than 30% of the City's portfolio may be invested in medium-term notes. 10.Demand Deposits 11.Passbook Savings Accounts 12.Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment pursuant to this subdivision these companies will either: (i) attain the highest ranking letter or numerical rating provided by at least two NRSROs or (ii) have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. No more than 20% of the City's investment portfolio may be invested in money market funds. 13.Mortgage passthrough security, collateralized mortgage obligation, mortgage- backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years' maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision may not exceed 20% percent of the City's investment portfolio. 14.Repurchase Agreements. Repurchase Agreements shall be used solely as short- term investments not to exceed 30 days. a. The City will enter into repurchase agreements only with primary government securities dealers as designated by the Federal Reserve Bank of New York. Repurchase agreements shall be governed by a master repurchase agreement adopted by the Public Securities Association. All securities underlying repurchase agreements shall be delivered to the City's custodian bank, or be handled under a properly executed "tri-party" custodial arrangement. Collateral for repurchase agreements is restricted to U.S. Treasury issues or Federal Agency issues. b. The underlying collateral must be at least 102% of the repurchase agreement amount. If the value of securities held as collateral slips below 102% of the value of the cash transferred, then additional cash or acceptable securities must be delivered to the third party custodian. Page 5 of 11 Market value shall be recalculated each time there is a substitution of collateral. For repurchase agreements with terms to maturity of greater than three days, the value of the collateral securities shall be marked to market weekly by the custodian, and, if additional collateral is required, then that collateral must be delivered within two business days. If a collateral deficiency is not corrected within two days, the collateral securities will be liquidated. c. A perfected first security interest in the collateral securities, under the Uniform Commercial Code, shall be created for the benefit of the City. Collateral securities shall be held free and clear of any lien and shall be held by an independent third party acting solely as an agent for the City, and such third party shall be (i) a Federal Reserve Bank, or (ii) a bank which is a member of the Federal Deposit Insurance Corporation and which has combined capital, surplus, and undivided profits of not less than $50 million. 15.Local Agency Investment Funds (State Pool) an investment pool run by the State Treasurer. The City can invest up to the maximum amount permitted by the State Treasurer. 16.County Investment Fund (San Mateo County Pool) 17.Shares of beneficial interest issued by a joint powers authority (Local Government Investment Pools) organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. The Pool will be rated in a rating category "AAA" or its equivalent by a NRSRO. To be eligible under this section, the shares will maintain a stable net asset value (NAV) and the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: a. The adviser is registered or exempt from registration with the Securities and Exchange Commission. b. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o) Government Code Section 53601, inclusive. c. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). 18.Guaranteed Investment Contracts (collateralized with Government Securities, physically delivered to an acceptable safekeeping account.) RESTRICTION ON INVESTMENT POLICIES AND CITY CONSTRAINTS Section 53600 et. seq. of the State of California Government Code outlines the collateral requirements for certain types of investments and also limits the percentage of Page 6 of 11 total investments which can be placed in certain classifications. Investments must meet the time schedules as indicated by the cash flow projections of the City. Investments will be purchased with the intent to hold until maturity, however this will not preclude the sale of securities prior to maturity in order to reposition the portfolio's duration, credit quality, or enhance the rate of return. INVESTMENT POOLS/MONEY MARKET FUNDS The State pool and San Mateo County Pool invests in additional Government Code authorized investments that are not approved for direct purchase by the Finance Director/Treasurer. These pools shall provide a current investment policy and monthly reports for review by the Finance Director/Treasurer. The Finance Director/Treasurer is authorized to invest in these pools provided they reasonably appear to be in conformance with their investment policies. MATURITY LIMIT State law requires that the maturity of any given instrument should not exceed five years unless specifically approved by City Council at least three months before the investment is made. INTERNAL CONTROL The Finance Director/Treasurer will establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. CUSTODY OF SECURITIES All securities owned by the City except time deposits and securities used as collateral for repurchase agreements, will be kept in safekeeping by a third-party bank's trust department, acting as an agent for the City under the terms of a custody agreement executed by the bank and the City. All securities will be received and delivered using standard delivery versus payment procedures. PERFORMANCE STANDARDS The City's portfolio shall be structured to achieve a market-average rate of return through various economic cycles, commensurate with the investment risk constraints and the cash flow needs. The benchmark for "market-average rate" shall be the rate of return of a market-based index which has the same type of sector and maturity requirements as the City's portfolio. Page 7 of 11 REPORTING The Finance Director/Treasurer will provide a monthly investment report to the City Council showing all transactions, type of investment, issuer, purchase date, maturity date, purchase price, yield to maturity, and current market value for all securities. POLICY REVIEW This Investment Policy will be reviewed at least annually to ensure its consistency with: 1. The California Government Code sections that regulate the investment and reporting of public funds. 2. The overall objectives of preservation of principal, sufficient liquidity, and a market return. Approved by City Council on Michael Brownrigg Mayor Lisa Goldman City Manager Carol Augustine Finance Director/Treasurer ATTEST: Mary Ellen Kearney City Clerk Page 8 of 11 Glossary Asset Backed Securities (ABS) are securities backed by loans or receivables on assets other than real estate. ABS can be secured by a variety of assets including, but not limited to credit card receivables, auto loans, and home equity loans. Bankers' Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high-grade negotiable instrument. Broker-Dealer is a person or a firm who can act as a broker or a dealer depending on the transaction. A broker brings buyers and sellers together for a commission. They do not take a position. A dealer acts as a principal in all transactions, buying and selling for his own account. Certificates Of Deposit 1. Negotiable Certificates of Deposit are large-denomination CDs. They are issued at face value and typically pay interest at maturity, if maturing in less than 12 months. CDs that mature beyond this range pay interest semi-annually. Negotiable CDs are issued by U.S. banks (domestic CDs), U.S. branches of foreign banks (Yankee CDs), and thrifts. There is an active secondary market for negotiable domestic and Yankee CDs. However, the negotiable thrift CD secondary market is limited. Yields on CDs exceed those on U.S. treasuries and agencies of similar maturities. This higher yield compensates the investor for accepting the risk of reduced liquidity and the risk that the issuing bank might fail. State law does not require the collateralization of negotiable CDs. 2. Non-negotiable Certificates of Deposit are time deposits with financial institutions that earn interest at a specified rate for a specified term. Liquidation of the CD prior to maturity incurs a penalty. There is no secondary market for these instruments, therefore, they are not liquid. They are classified as public deposits, and financial institutions are required to collateralize them. Collateral may be waived for the portion of the deposits that are covered by FDIC insurance. Collateral refers to securities, evidence of deposits, or other property that a borrower pledges to secure repayment of a loan. It also refers to securities pledged by a bank to secure deposits. In California, repurchase agreements, reverse repurchase agreements, and public deposits must be collateralized. Commercial Paper is a short term, unsecured, promissory note issued by a corporation to raise working capital. Page 9 of 11 Demand Deposits are funds held that can be withdrawn at anytime without advance notice to the institution holding the funds. Federal Agency Obligations are issued by U.S. Government Agencies or Government Sponsored Enterprises (GSE). Although they were created or sponsored by the U.S. Government, most Agencies and GSEs are not guaranteed by the United States Government. Examples of these securities are notes, bonds, bills and discount notes issued by Fannie Mae (FNMA), Freddie Mac (FHLMC), the Federal Home Loan Bank system (FHLB), and Federal Farm Credit Bank (FFCB). The Agency market is a very large and liquid market,with billions traded every day. Guaranteed Investment Contracts (GIC) are contracts that guarantee principle repayment after a certain period of time along with a predetermined interest rate. Issuer means any corporation, governmental unit, or financial institution that borrows money through the sale of securities. Liquidity refers to the ease and speed with which an asset can be converted into cash without loss of value. In the money market,a security is said to be liquid if the difference between the bid and asked prices is narrow and reasonably sized trades can be done at those quotes. Local Agency Investment Fund (LAIF) is a special fund in the State Treasury that local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is$5,000, in multiples of$1,000 above that, with a maximum of $50 million for any California public agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost.All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the agency's LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one- quarter of one per cent of the earnings. Local Government Investment Pools (LGIP) are investment tools similar to money market funds that allow public entities to invest funds. Market Value is the price at which a security is trading and could presumably be purchased or sold. Maturity is the date upon which the principal or stated value of an investment becomes due and payable. Medium-Term Notes are debt obligations issued by corporations and banks, usually in the form of unsecured promissory notes. These are negotiable instruments that can be bought and sold in a large and active secondary market. For the purposes of California Government Code,the term"Medium Term"refers to a maximum remaining maturity of Page 10 of 11 five years or less. They can be issued with fixed or floating-rate coupons, and with or without early call features, although the vast majority are fixed-rate and non-callable. Corporate notes have greater risk than Treasuries or Agencies because they rely on the ability of the issuer to make payment of principal and interest. Money Market Fund is a type of investment comprising a variety of short-term securities with high quality and high liquidity. The fund provides interest to shareholders and must strive to maintain a stable net asset value (NAV) of $1 per share. Mortgage Backed Securities (MBS) or Mortgage Passthrough Securities are securities that are backed cash flows from an underlying pool of mortgages. Principal describes the original cost of a security. It represents the amount of capital or money that the investor pays for the investment. Repurchase Agreements are short-term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date at an agreed upon interest rate. Repurchase Agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the Repo. Repurchase Agreements must be collateralized. Total Return is the performance of a portfolio including interest income and any capital appreciation or depreciation as a result of interest rate movements. U.S. Treasury Issues are direct obligations of the United States Government. They are highly liquid and are considered the safest investment security. U.S. Treasury issues include: 1. Treasury Bills which are non-interest-bearing discount securities issued by the U.S. Treasury to finance the national debt. Bills are currently issued in one, three, six, and twelve month maturities. 2. Treasury Notes that have original maturities of one to ten years. 3. Treasury Bonds that have original maturities of greater than 10 years. Yield to Maturity is the rate of income return on an investment, minus any premium above par or plus any discount with the adjustment spread over the period from the date of the purchase to the date of maturity of the bond. Page 11 of 11 BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Staff Report N Agenda Item 10 Meeting Date To: Honorable Mayor and City Council Date: August 18, 2014 From: Lisa K. Goldman, City Manager - (650) 558-7243 Carol Augustine, Finance Director - (650) 558-7222 Syed Murtuza, Public Works Director - (650) 558-7230 Subject: Presentation of the Results of the City's Public Outreach Efforts Regarding Unfunded Infrastructure Needs and Discussion of Next Steps for Prioritizing the Projects for Future Analysis and Funding RECOMMENDATION Staff recommends that the City Council receive a presentation on the results of the City's public outreach efforts regarding the City's unfunded infrastructure needs and discuss next steps for prioritizing the projects for future analysis and funding. BACKGROUND On November 18, 2013, staff presented the City Council with a list of 13 unfunded infrastructure projects, with a price tag of $103 to $118 million, and asked the City Council to: • Review and approve the Unfunded Infrastructure Needs List; • Review and approve the staff-developed Prioritization Criteria (Exhibit 1); • Review and approve the process for prioritizing and developing a funding plan for the Unfunded Needs (Exhibit 2). Staff included the following projects in the list approved by the City Council: • Burlingame Community Center - $35M to $40M • Downtown Streetscape (side streets) - $25M • Downtown Parking Garage - $10 to $20 M • City Hall Safety Improvements - $11.5M • Downtown Parking Lots Resurfacing - $5.00M • New Bayview Park on State Lands Parcel - $4.00M • Main Library Millennium Upgrades - $3.50M ($1.2M available in CIP) • New Parks Yard - $3.40M City of Burlingame Page 1 of 4 Printed on 8/12/2014 powered by LegistarTM • Fire Stations Improvements $2.40M • General Plan Update $2.00M • Police Station Improvements $1.60M • Aquatics Center Improvements $0.25M • Carriage House Improvements $0.15M The project costs are based on past studies and are preliminary figures at this time. The actual costs will depend on the project scope involved, detailed engineering design and prevailing construction market conditions. In addition, these estimates do not include recurring costs associated with operations and maintenance of these facilities. Detailed analysis of capital costs as well as operational and maintenance costs will be studied at a later phase,as part of overall project development and financing, for those projects that the City Council chooses to pursue. At the March budget study session,staff recommended removing the General Plan Update from the list and funding it separately given the age of the Plan and that it is not an infrastructure project. The City Council approved the recommendation and authorized setting aside$500,000 in FY 2013-2014 for this purpose. An additional $500,000 was included in the adopted FY 2014-2015 budget, and the City was successful in securing a $492,000 grant for the General Plan Update. The Library Millennium Project was also removed from the list because it was already on track to receive the final City contribution to the project,and the Library Foundation had already begun raising the $1 million community contribution. (As of this writing, the Library Foundation has received more than$650,000 in pledges and donations for the project.) DISCUSSION In early April,staff began the public outreach process around the 11 projects included in the final list. The City Manager,the Finance Director,the Public Works Director,and a staff member from the Parks and Recreation Department began meeting with every community group in town that responded to staff's request to schedule a presentation. Depending on the audiovisual capabilities, staff either delivered a PowerPoint presentation (Exhibit 3)or gave the information using a series of poster boards with pictures of the various projects. In all, staff met with the following 14 different groups: Lions Club, Downtown Burlingame Business Improvement District Board, Library Board of Trustees, McKinley PTA, Broadway Merchants, Parks and Recreation Commission, Burlingame Mother's Club, Burlingame Intermediate School PTA, Burlingame Chamber of Commerce, Burlingame Rotary Club, Planning Commission, Beautification Commission, Traffic Safety and Parking Commission, and the Our Lady of Angels Men's Club. In addition,staff had tables set up at the Recreation Center for the senior showcase and at the Fresh Market during the Streets Alive event. Results of the Public Outreach At the end of each presentation,attendees were tasked with filling out a questionnaire(Exhibit 4)that asked whether they thought the various projects were very critical, somewhat critical, or not critical. 96 people returned the questionnaire. An additional 534 people filled out some or all of the online survey that staff created and publicized via the City's eNews and through the newsletters of other organizations, like the City of Burlingame Page 2 of 4 Printed on 8/12/2014 Burlingame Chamber of Commerce. The PowerPoint presentation and the paper questionnaires also included a QR code that allowed people to access the survey through their smart phones. The online survey included pictures and brief descriptions of the projects and asked respondents to rate the projects as very critical, somewhat critical, or not critical. The following table shows the combined results from the paper questionnaires and the online survey. It should be noted that the results of the survey are not a statistically valid representation of the community, because the population of participants did not constitute a statistically valid random sample. Rather, responses to the survey were submitted by largely self-selected individuals from interested groups. Some people may have participated more than once, some did not answer every question, and some people who are not Burlingame residents likely participated. (Staff learned that the Burlingame Soccer Club made its members aware of the survey; shortly thereafter, the online version of the survey saw a sharp uptick in votes for the Bayview Park.) The intention of the survey was simply to take the pulse of the community as to the general support for the various projects. The Downtown Parking Garage received the most number of "Very Critical" votes, followed by the Bayview Park. Both projects were far ahead of the next two on the list, the Burlingame Community Center and the continuation of the Downtown Streetscape to neighboring streets. ery Critical Somewhat Critical Not Critical Rank by "Very ritical" votes Burlingame 136 250 167 Community Center Downtown 137 255 159 3 Streetsca e Downtown Parking 11 181 158 1 Garage City Hall 8 198 302 10 Parking Lot 2 243 234 9 Resurfacing Bayview Park 02 156 191 2 New Parks Yard 6 01 1271 7 Fire Station 103 227 216 5 Improvements Police Station 90 243 212 Improvements Aquatic Center 75 144 327 Improvements Carriage House 23 124 97 1 Improvements Next Steps As described in the November 2013 staff report, the next step in the process is for the City Council to prioritize the projects using the Prioritization Criteria approved at the November meeting. Staff recommends that each Councilmember fill out a score sheet for each project (Exhibit 5), and then return the score sheets to the City Manager's Office by August 29, 2014, so that the results may be tallied and brought back to the City Council for review at a subsequent meeting. At that subsequent meeting, staff will ask the City Council to affirm the top priorities that emerge from the individual score sheets and determine how many of the top projects it City of Burlingame Page 3 of 4 Printed on 8/12/2014 powered by Legistar` wishes to pursue. With the final list in hand, staff will then begin the process of analyzing funding options and developing strategies for bringing the projects to fruition, with the goal of bringing the possible strategies to the City Council at a study session later this year. FISCAL IMPACT Considerable staff resources were expended during the community outreach process. Staff may recommend hiring a financial advisor in the future to help develop and vet funding options. Exhibits: 1 . Prioritization Criteria score sheet 2. Prioritization Process chart 3. PowerPoint presentation for public meetings 4. Questionnaire for public outreach 5. Unfunded Needs Scoring Sheet for City Council City of Burlingame Page 4 of 4 Printed on 8/12/2014 powered by LegistarT" Exhibit 1 CRITERIA FOR UNFUNDED INFRASTRUCTURE NEEDS PRIORITIZATION Criteria Maximum Score Project Score 1 Public Health and Safety 20 (Proposed project addresses the identified critical public health and safety needs and there is potential for increased risks to the City in delaying the project) 2 Economic Risks/Benefits 15 (Project addresses the potential economic risks and increases the benefits-Potential risks in delaying the project) 3 Community Needs 15 (Project demonstrates that it is needed to meet the community/public needs) 4 Consistency with Community's Long Range General Plans 10 (Project demonstrates consistency with long range plan through community/public process or adopted plan) 5 Public/Community Support 15 (Project demonstrates strong public/community support for its undertaking) 6 Ability To Deliver 10 (Project demonstrates strong ability to deliver the expectation of objectives including scope,time and funding) 7 Project Readiness 5 (Demonstrates that the project has achieved key milestones and is ready to be undertaken with minimal difficulties and obstacles) 8 Ability To Leverage External Funding 5 (Demonstrates strong evidence of obtaining outside funding including grants and voter approval funding) 9 Regulatory Compliance 5 (Project addresses regulatory compliance issues in meeting State and Federal mandates and delaying the project would increase the risks to the City) Total Points 1 100 Exhibit 2 Unfunded Infrastructure Needs Prioritization Process • City Council • Community • Council reviews 7financing f studies reviews & approves outreach process— public input options the following: City seeks public projects input on • Council individually • Unfunded prioritization of scores projects and • Staff develops infrastructure projects submits score funding strategies needs list sheets to staff • Staff holds study • Prioritization • Staff compiles session with City criteria results and Council to finalize presents them to the funding plan(s) • Overall process for Council for prioritization & approval funding plan Burlingame Infrastructure Needs April 2014 Overview • Background • Unfunded Infrastructure Needs • Community Needs Assessment Survey • Prioritization Process • Questions and Feedback 8/11/2014 Background Burlingame I • • and - is aging and needs to be upgraded. The City Council has implemented a robust CIP program to address aging infrastructure needs� — Replacement of aging&deteriorated water and sewer pipelines — Upgrading of reservoirs and pump stations — Major storm drainage improvements 50/50 sidewalk repairprogram Handicap ramps Parks improvements • • traffic signals •• .•- - Street • program — Broadway Interchange reconstruction Despite the Council's best efforts to invest in needed infrastructure improvements,several major projects remain unfunded. • ' • . M — — • N Cost Estimate Funded in Possible Funding Source Projects/Needs CIP (Ntillions) General Fund Non-General Fund/Other Burlingame Community Center 3540 Partially G.0.Bonds,Grant Fundin Downtown Streetscape(side streets and 25.00 Partially BID/CFD,Parking District, r surrounding areas) Water/Wastewater Funds Downtown Parking Garage 10-20 Partially Parking l City Hall Safety Improvements 11.50 Fully �. .� Downtown Parking Lots Resurfacing 5.00 Partially Parking Fund New Bayside Park 4.00 Partially Crantfundin New Parks Yard 3.40 Fully Fire Stations Improvements (Firestations 34 240 Fully and 36) Police Station Improvements 1.60 Fully Aquatics Center Improvements 0.25 Fully T` Carriage House Irrprovements 0.15 Partially Historical Soc. 1 TOTAL UNFUNDED NEEDS 98.30.113.311 Nillion 2 �== f Burlingame Community Center - $35M - $40M • The facility is 65 years old and consists of a hodgepodge of systems built over time. • The building is structurally deficient and does not meet the current -- seismic standards. • The facility is deficient in several T areas such as inadequate fire protection, plumbing,ADA - compliance issues, cramped office space, and inadequate parking. • The building needs to be replaced. Downtown Streetscape — Side Streets and .�� Surrounding Areas - $25M • The existing streetscape on the side streetsJr surrounding Burlingame Ave. is deteriorating. `£ • The streets need to be improved to bring them to current standards and $r enhanced to match the ' character of the new Burlingame Avenue. 1 � Downtown Parking Garage - $10M - $20M • The Downtown area continues to experience high parking demand. • Parking studies have shown that parking demand in the core commercial area reaches maximum capacity both on weekdays and weekends. E + Studies suggest that additional parking supply is needed to meet the needs of the downtown area. r= City Hall Safety Improvements - $11 .5M City Hall is 44 years old and deficient in current building codes. The building is designed for a lower seismic load than what is prescribed by current standards. A major earthquake could cause substantial damage to the structure and presents risks to life safety. The fireproofing system above the ceiling consists of asbestos making it difficult and expensive to maintain HVAC and plumbing systems. Maintenance work will require complete abatement&shutting down the facility. j• The mechanical. electrical and plumbing systems have reached their life expectancy. Milk.* � ■§ ° i « E J ¥ 1 � New Parks Yard - $3.4M • The Parks Yard contains inadequate space for staff operations and meetings. • The building's heating and ventilation are sub par. i • There is inadequate space for the shop, equipment repairs " and maintenance. '� =rd Fire Station Improvements - $2.4M • The fire stations have insufficient office space for the merged CCFD fire administration. • There is limited parking and inadequate ADA bathroom facilities. A 1 � Police Station Improvements - $1 .6M • The building has inadequate space for an Emergency Operations Center. • There is no emergency generator and an outdated ri heating and ventilation system. g • There is inadequate parking for public & employees. • The building has limited disabled access. Aquatics Center Improvements - $250k • The locker room has inadequate shower and locker facilities. • The plumbing system needs to be upgraded. 8/11/2014 CarriageHouse Improvements $ ' carriage house structure does not meet the current Nowit building • fire safety codes. The building needs to be upgraded to meet the current ••- • preserve C •. e's historic documents. a i • - - • A PROJECT COST VERY SOMEWHAT NOT RCAL CRITICAL BuAnaame CDmmu The Recreation Cenk nis 65 yeakrsrold,nazis adequate program facilities,is struclurelly $35-ABM definenl,and is in reed Of reDlxemenl. Downtswm Streetuaz The emflmg sbWts W on side streets around Burlingame Avenue neeb to be kii r eed $15M antl-h.—to match tM clerxter of W rlingame Avenue. 7g/ oovynwvyn vartlne canes There is a Nighd lar Wrkirg in aM rear downtown Burlingame.A rew Wrking $MMA`1 Mthetl itawn care waub Wp aMd tfe Wrking tlemand. -\ \ CRV HaII Safety lma vanen City Nall ix ovu e0 ynrs old,tices mt mee[wrtm[ucmk standards,antl larks $I1.SM adequatefire ie.t n.Marry d[M1e Wdidi Ysritxns and wmp b,areo 9JM, War their led design W,aM«1 uW,6% e � Dokvnfeww DrWne Lot Rewrfube Burlingame's 11 DuNk WrYing lots in He rdnmerrul area base deMri«a[M aM rr $SM �e re eig be edequatety repand.Teywe wemmplete eaurfadry. wr"-- Hua BavaMa Duo The Oty would IAA to budd a rew Wrk along t My an Airport Blvd The pa vauld Wovih muchneeded_-area,raboomz,and sW finds,aMA would NI ins mluing Bao in the gay Trail. xaa P.�ka r.b 1M ea sting Darks yard iz inadequate antl diff—it to a«esz.A nary Darks yard would M $3.4M �. rel«ated away from residential area,Alowi.i, current ion—at Washing-Duk to be mtwed to park bi tl -.. fin gMMlm«wenwrm Fire stations 3eg361xksufficient admiashatrve ipxe,have inadequate lxililies iw 3.AM oDeralion,and M1rve Ilmlkd parking.This project waultl eapantl[hewrrmt kcilnies n _ make them m«e k«tiorel. �`a� PSYgRsltlgnlmRmvnlnwn +�r. TM1e Polka station was built intfel9gOs.Many c«nWnmH oftW buildingare or4lWl $1.6M and reed to be iip&.M,such as the emergency 8ererat«,the HV AC system,antl the t ma.aM operation spies. A .. ABuatk Callgr lmIIrvrHL" The Aquatk Centn,arommunity hcikty braced at Burlingame High School,lacks SO]'v1A sufficient s Wwer antl I«kes fxilitks. Can We Wuw lmonwmenb The 1, P,Houu in Washington Dark Weds to beupBradbi to meetwrtent Wilding %ISM aM firc sok roles. 8 8/11/2014 Unfunded Infrastructure Needs Prioritization Process -.•�ltY 4ou[�illEvleY✓F': :a(�mnlyNly-:-:-:_:-:_: -:.Ceyfl9l FevieWs.-"-.-" .•3Sa1'f.staSHeS'"-.-"-.-"-. ::&aaPidvitt(te:•::•: ::oy(r8estiyrGGesi=•:: •:PdWic input-.-..---- :finauckis:6P6urisfar: �, --'following:.-•-.'•'.'•'.' -.t!t1'"xeksPublic--._.•. - '.peep'..-..-.-r.-r ,. 1 .............'._.-:: :inpirt on:.--.----•::•: .-�Couocitindividu5llX:. •"-.-"-.-"-.•"•.•"•:"::" • -'•Unfunded:-:r:".•"• ."priorftizatton of-:-:"•" :-smwxprojecrs aud--- -i3taff develops-:---'-- "�� .-...... :.:i1lNastryRure neetic•: �` ::-::-::-::-: :•SUbinttS scOfe stilets: -:}andtrtgctrategleS-:-:. _ _ .�Steff.huldsstudY-.-.. ::P.rioifOraEoriciifeilit: -:•Sfatf'smo{iHes-::•::• :ussioi+:with'L•(ty-::•: .-resuLtsandpies4n>i-. "-Eoundl4o.9halfze•" " -•Oinrrallproassfor�.: :'thein:to(buncilfor.-:_ -:the fonding7ilan(ir::' � :•:pAorRization:&'--'-- .-aPPTavel_!_.__-..-. Questions and Comments lnfrastructure(-o),burlingame.oi Complete Online Survey at: https://www.surveymonkey.com/s/BurlingameAssessment 0' 9 Exhibit 4 COMMUNITY NEEDS ASSESSMENT SURVEY �Ll The City of Burlingame is seeking community input to establish priorities for future capital improvements. Please rate each of the following currently unfunded projects by placing an"X"in the category you feel applies.Your response will help advise the Burlingame City Council regarding community priorities. Please note that this is a survey to gauge community interest and is not meant to be a statement on the financial viability or funding of these projects.The question of how to fund one or more projects will be addressed at a later date. PROJECT COST VERY SOMEWHATNOT CRITICAL CRITICAL CRITICAL Burlingame Community Center The Recreation Center is 65 years old,lacks adequate program facilities,is $35-40M structurally deficient,and is in need of replacement. Downtown Streetscape The existing streetscape on side streets around Burlingame Avenue needs to be $25M improved and enhanced to match the character of Burlingame Avenue. Downtown Parking Garage There is a high demand for parking in and near downtown Burlingame,A new $10-20M parking garage in the downtown core would help address the parking demand. City Hall Safety Improvements City Hall is over 40 years old,does not meet current seismic standards,and lacks $11.5m adequate fire protection.Many of the building's systems and components are original,near their expected design life,and need upgrading. Downtown Parkins Lot Resurfacing Burlingame's 25 public parking lots in the commercial areas have deterriorated $51A and can no longer be adequately repaired.They now require complete resurfacing. New Bavview Park The City would like to build a new park along the Bay on Airport Blvd.The park $41M would provide much-needed picnic areas,restrooms,and sports fields,and it would fill in a missing gap in the Bay Trail. New Parks Yard The existing Parks Yard is inadequate and difficult to access.A new Parks Yard $3.41M would be relocated away from residential areas,allowingthe current location at Washington Park to be restored to park land. Fire Station Improvements Fire stations 34&36 lack sufficient administrative space,have inadequate 2.41M facilities for operations,and have limited parking.This project would expand the current facilities to make them more functional. Police Station Improvements The Police station was built in the 1980s.Many components of the building are $1.61M original and need to be upgraded,such as the emergency generator,the HVAC system,and the command and operation spaces. Aquatic Center Improvements The Aquatic Center,a community facility located at Burlingame High School,lacks $0.25M sufficient shower and locker facilities. Carriage House Improvements The Carriage House in Washington Park needs to be upgraded to meet current $0.15M building and fire safety codes. Is there any other community project you would like to see funded that is not on this list? Exhibit 5 UNFUNDED NEEDS SCORING SHEET Project Name: Project Ranked by: Date: Criteria Maximum Score Project Score 1 Public Health and Safety 20 (Proposed project addresses the identified critical public health and safety needs and there is potential for increased risks to the City in delaying the project) 2 Economic Risks/Benefits 15 (Project addresses the potential economic risks and increases the benefits- Potential risks in delaying the project) 3 Community Needs 15 (Project demonstrates that it is needed to meet the community/public needs) 4 Consistency with Community's Long Range General Plans 10 (Project demonstrates consistency with long range plan through community/public process or adopted plan) 5 Public/Community Support 15 (Project demonstrates strong public/community support for its undertaking) 6 Ability To Deliver 10 (Project demonstrates strong ability to deliver the expectation of objectives including scope,time and funding) 7 Project Readiness 5 (Demonstrates that the project has achieved key milestones and is ready to be undertaken with minimal difficulties and obstacles) 8 Ability To Leverage External Funding 5 (Demonstrates strong evidence of obtaining outside funding including grants and voter approval funding) 9 Regulatory Compliance 5 (Project addresses regulatory compliance issues in meeting State and Federal mandates and delaying the project would increase the risks to the City) Total Points 100 BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Staff Report Agenda Item �a �- Meeting Date To: Honorable Mayor and City Council Date: August 18, 2014 From: Lisa K. Goldman, City Manager - (650) 558-7243 Subject: Discussion Regarding Procedure to be Used to Fill Impending City Council Vacancy RECOMMENDATION Staff recommends that the City Council discuss the impending City Council vacancy and provide direction as to the procedure it would like to use to fill the office. BACKGROUND On July 24, 2014, Councilmember Jerry Deal announced his intention to resign from the City Council, effective September 21, 2014. His term of office expires in 2015. The City Council must now determine how it would like to proceed to fill the vacancy. DISCUSSION State Government Code Section 36512(b) governs City Council vacancies: "If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent." In July 2005, the City Council adopted the attached Resolution and procedures for appointments to vacancies in the office of City Councilmember or City Clerk. (The City Clerk was an elected position at the time but became an appointed position in 2013. Vacancies in this position are now filled by the City Manager.) The procedures provide that the City Manager notify the City Council of an impending vacancy and schedule the matter for discussion at the next regularly scheduled City Council meeting. At the City Council meeting, the City Council must then determine whether to call a special election, make an appointment to the office, or take other action. Special Election Although there is a regular statewide election in November 2014, the deadline to call for the election (and thus enable the City of Burlingame to consolidate its election with the statewide election) was July 11, 2014. As described above, State law requires that any City of Burlingame election be held on the next regularly established election date, not less than 114 days from the call of the election. The City Council could not call City of Burlingame Page 1 of 2 Printed on 8/13/2014 powered by LegistarT" for the election until after the vacancy occurs on September 21,2014. The next regularly established election date is the first Tuesday after the first Monday in March, or March 3, 2015. The County's Registration and Election Manager estimates that the City's cost to hold a special election would be$190,000 since the City would bear all the costs of the election. (By contrast,the November 2013 election cost the City$31,184 since the City was able to consolidate its election with the other elections in the County.) Any person seated in a March 2015 election would have approximately six months left in the unexpired term. Should the City Council choose to hold a mailed ballot election,the scheduled date for such an election next year is May 5,2015. The County's estimate to conduct an all-mail ballot election is about$130,000. Appointment If the City Council chooses to make an appointment to the vacant office, then State law requires that the vacancy be filled within 60 days of the vacancy occurring, or by November 20, 2014. Under the adopted procedures,the City Council must set a deadline for applications,and the City Clerk must publicize notice of the vacancy and deadline for applications. The next steps in the procedures call for the City Council to determine any supplemental questions to attach to an application form, and for applicants to submit their completed forms to the City Clerk by the designated deadline. The Council will then hold interviews with the applicants at a public meeting. According to the procedures,"In the case of the resignation of a City Councilmember,the interviews shall occur after the actual vacancy takes effect." Finally, the procedures note that appointments are to be made at regular or special meetings of the City Council by open motion and voting, with the City Clerk calling on each Councilmember in turn to state the name of the candidate that he or she wishes to appoint. If no majority is secured, the process is repeated, with the City Clerk calling on Councilmembers in a different order, until a majority of Councilmembers affirmatively vote for a single candidate. City Council Direction In order to determine next steps,the City Council should first determine whether it wishes to hold a special election in March 2015, or appoint someone to fill the vacancy. If the City Council decides to hold a special election,then staff will ask the City Council at the appropriate time to call for the election. If the City Council determines that it would rather appoint someone to fill the impending vacancy,then it should determine whether it wishes to follow the adopted procedure attached to this report or provide direction to staff as to how it wishes to modify the procedure. If the City Council chooses to follow the adopted procedure,then it should provide staff with direction as to the appropriate deadline for applications and direction as to appropriate supplemental questions. In order to expedite matters, the City Council may wish to delegate to staff the development of a standard application form. FISCAL IMPACT There are minimal costs involved if the City Council chooses to follow the appointment procedure. If the City Council chooses to call for a special election,the cost is an estimated$130,000 to$190,000 depending on the type of election chosen. Exhibit: 1. Resolution No. 63-2005 Establishing Procedures for Appointment to Vacancies in the Office of City Councilmember or City Clerk City of Burlingame Page 2 of 2 Printed on 8/13/2014 powered by Legistarr- RESOLUTION NO. 63-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING PROCEDURES FOR APPOINTMENT TO VACANCIES IN THE OFFICE OF CITY COUNCILMEMBER OR CITY CLERK RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the Government Code provides that in case of a vacancy in the office of City Councilmember or City Clerk, the Council may call a special election or appoint a person to fill the vacancy for the balance of the term of the office; and WHEREAS, the time limits imposed on the City Council to make such a decision are very short; and WHEREAS, the City should have an adopted procedure in place to use in case an appointment is to be considered, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The Procedures for Appointments to Vacancies in the Office of City Councilmember or City Clerk contained in Exhibit A hereto are approved. MAY" R r' I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 1907day o¢eptewbefa - ' 2005 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: sAYLOCK, GALLIGAN, NAGEL,' 0*MAflONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ,. CITY CLERK PROCEDURES FOR APPOINTMENTS TO VACANCIES IN THE OFFICE OF CITY COUNCILMEMBER OR CITY CLERK 1. Application Determination and Dates. a. Upon receipt of a resignation letter or document from a City Councilmember or a City Clerk or other notice of a vacancy in the office, the City Manager will report the resignation or vacancy to the City Council and schedule discussion of the vacancy or pending resignation at the next regularly scheduled City Council meeting or with the approval of the Mayor 0xest�a at a special Council meeting. b. At the Council meeting, the City Council will determine whether to call a special election or make an appointment to the vacant office, or take other action. C. If the City Council determines to make 4ffi n der an appointment to the vacant office,the City Council will then determine what deadlines for applications will apply for the vacancy. Generally, deadlines will be ten(10) days following the Council's determination because of the short period of time allowed to make an appointment under the Government Code. The City Council may extend the deadlines as the Council may deem appropriate. 2. Advertisement. The City Clerk will post notice of the vacancies and deadlines at City Hall, the Main Library, and such additional places as the City Clerk determines may be helpful. The City Clerk will also post notices as required by Government Code section 54974. The City Clerk shall also publish a notice of the vacancies and deadlines in at least one newspaper of general circulation in the City. 3. Applications. a. A standard application form together with supplemental questions W" li} eCantl vvi11 be provided by the City Manager to persons interested in appointment to a vacant office. b. Any person seeking appointment to the vacant office of Councilmember will complete the application forms and return them to the City Clerk by the designated deadline in order to be considered for appointment. Any person seeking appointment to the vacant office of City Clerk will complete the application forms and return them to the City Manager by the designated deadline in order to be considered for appointment. C. Applications will only be accepted for the specific vacancy involved. Previous applications will not be considered for the pending vacancy. 1 9/7/2005 COMMUNICATION RECEIVED AFTER PREPARATION OF STAFF REPORT Dear Mayor and Council, I am writing re:the replacement of Jerry Deal on the city council for November 2014— November 2015. In 2005,my council faced a similar problem when Mike Coffey left the council after 6 years,leaving a two-year term unfilled. Luckily,that was an odd-numbered year when Burlingame council seats traditionally become vacant and so the council in 2005 had two options of either calling an election for a two-year term or making an appointment. In this case,the election was our choice since there were already going to be council elections in our city. Your decision is not as clear-cut as that with this departure occurring in an even- numbered year and already close to November. It seems that an appointment makes the most sense here in 2014. And in doing so,the council might do well in listening to the voters'recent choices. Last November,there was a large pool of candidates. The voters selected Ricardo Ortiz for the third open seat for which he earned 2,048 votes; the candidate next-in-line gleaned 2,040 votes and was a"gracious runner-up"according to one newspaper report. Selecting him now would give Burlingame citizens renewed faith in the council's listening to and serving the citizenry. If your council selects this runner-up,he would then have to run for re-election in 2015 and the voters could once again cast the dice. Burlingame voters would,then,have another year in which to judge the performance of the replacement and his level of service and sensitivity to our citizens' needs or hopes. Thank you for the good work you do and your efforts to keep Burlingame the prime peninsula city. Very truly yours, ROSALIE M.O'MAHONY BURLINGAME CITY HALL City of Burlingame 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Staff Report� Agenda Item Meeting Date 8- To: Honorable Mayor and City Council Date: August 18, 2014 From: Lisa K. Goldman, City Manager - (650) 558-7243 Subject: Provision of a Brief Opportunity for Councilmember Deal to Discuss Electronic Media Signs RECOMMENDATION Staff recommends that the City Council grant Councilmember Deal a brief opportunity to share his thoughts on electronic media signs. BACKGROUND At the July 7, 2014, City Council meeting, the City Council held a lengthy discussion about electronic media signs and whether or not to allow them in Burlingame along the 101 corridor. Councilmember Deal was unexpectedly called away prior to this item coming before the City Council and, therefore, did not participate in the discussion and the vote. DISCUSSION At the July 7, 2014, meeting, the City Council voted 3-1 , with Councilmember Deal absent, against allowing electronic media signs in Burlingame along the 101 corridor. Although the vote stands as is, Mayor Brownrigg has asked that Councilmember Deal be allowed to share his thoughts on this matter with the City Council and the community since he did not participate in the agenda item on July 7. FISCAL IMPACT There is no fiscal impact associated with this report. City of Burlingame Page 1 of 1 Printed on 8/11/2014 powered by LegistarTM 4. Interviews. a. The Council will schedule interviews of the applicants to be held at a public meeting. in �bk ; gat�s� a Cityttx � rte _ - ��fl���� t �acar�.c �kes� ect b. The Council will interview all applicants who have submitted application forms by the designated deadline. If an applicant is unable to interview with the Council at the public meeting,the applicant will be dropped from consideration. C. Following the interviews,the Council will receive public comment on the applicants. 5. Appointments. a. Appointments are made at regular or special meetings of the City Council by open motion and voting. Ballots will not be used. b. The City Clerk will p awc..-rl nt date# t i YJi�NOW, ��Z�i �, and each Councilmember shall have one vote to cast. If the Council is unable to reach a majority vote to fill the office on a voting cycle, the following process will be used: (1) The City Clerk will then again cad oa100 0ut" fe oxdelt1 � hend �the aunt xsg ( - Thep ill be repeated until an appointment is made by a majority, affirmative vote of the Council; C. If the Council is unable to reach a majority vote on the appointment,the Council may then proceed to seek additional applicants, continue the appointment process, or take such other action as the Council may deem appropriate. However, if at the end of the period of time allowed by the Government Code to make an appointment, the Council has been unable to reach a majority vote on the appointment, the Council shall proceed to call a special election as provided in the Government Code. 2 9/7/2005 BURLINGAME F The City of Burlingame CALIFORNIA 94010-3997 www.burlingame.org TRAFFIC, SAFETY AND PARKING COMMISSION Special Meeting Minutes -Approved Thursday, June 12, 2014 Commissioners Present: Howard Wettan, Chair Mark Noworolski, Vice-Chair Nick Akers Jeff Londer John Martos Commissioners Absent: None. Staff Present- Augustine Chou, Engineering Programs Manager, Public Works Andrew Wong, Transportation Engineer Corporal Brett Murphy, Police Department Joanne Louie, Administrative Secretary Kathleen Kane, City Attorney Syed Murtuza, Director of Public Works Visitors: June Kaufman William Pollock John Ward Manito Velasco Pat Giorni 1. CALL TO ORDER. 7:05 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. 5 of 5 Commissioners present. 4. ACKNOWLEDGEMENT Chair Wettan thanked Syed Murtuza, Director of Public Works, for attending the meeting. 5. APPROVAL OF MINUTES - Motion: To accept the minutes of April 10, 2014 as submitted. M/S/C: Londer/Akers; 5/0/0 1 6. PUBLIC COMMENTS June Kaufman expressed her concern for safety for pedestrians from vehicles turning right from Primrose Road onto Douglas Avenue. Ms. Kaufman stated that she would like to see a stop sign on Primrose Road in front of the library. John Ward expressed the public safety concern of the residents of Neuchatel Avenue and Willborough Road when attempting to make a left turn onto Oak Grove Avenue from Neuchatel Avenue. Mr. Ward requested that the red zones be extended one car length on Oak Grove Avenue due to an inadequate line of sight. William Pollock expressed his concern for safety on Forest View Avenue due to vehicles speeding up to Hillsborough. Mr. Pollock stated that he has personally used a radar gun to record vehicles with speeds up to 45 mph. Manito Velasco reported that his family also personally used a radar gun to monitor vehicles on California Drive and found that the median speed was 37 mph. Mr. Velasco suggested that, for bicycle safety on California Drive, perhaps there should be less focus on signage but rather how the street is designed. Mr.Velasco also thanked the Commission and staff for their efforts in the implementation of red zones at Mills&Highway, Capuchino&Grove, Paloma&Lincoln. Pat Giorni commented that speeding on Forest View Avenue is an endemic problem and suggested that 2-way stop signs be placed on Forest View Avenue, westbound at Walnut Avenue. 7. CURRENT BUSINESS 7.1 Staff Presentation—Capital Improvement Prioritization Mr. Murtuza made a presentation as part of the City's community engagement effort around setting priorities for many unfunded infrastructure projects. Mr. Murtuza briefly reviewed the various needs and provided information on how the public could provide input via a survey. He concluded by saying that the City Council would use the results to help them set funding priorities. 8. Information/Discussion Items from Commission and Staff 8.1 Engineering Division Reports — Reports and/or updates on Public Works project and activities 8.1.1 Requests/comments/responses to public traffic concerns (stop signs, crosswalks, speed control, parking) - Burlingame Ave Downtown Parking Strategies 2 Mr. Chou reported that there was a kickoff meeting on May 7, 2014. He said that initial discussions occurred regarding primary goals and priorities. Mr. Chou reported that Engineering staff would work in coordination with Police staff on getting an occupancy study/survey for the parking lots. Mr. Chou also reported that staff had some preliminary information on business parking permits, but still needs to determine the number of businesses with potential long term employee parking needs. Floribunda Traffic Calming Review Mr. Wong reported that staff has had two meetings with the residents since this issue was brought to the Commission. He stated that traffic/speed counters were placed in three different sections of Floribunda Avenue and found that one section closest to EI Camino Real exceeded the speed threshold. Mr. Wong said that addressing this issue has required it be broken down into separate phases. Phase 1 was completed this week which was to "refresh" the existing signs and adding radar enforcement signs. Phase 2 will be procuring-and installing smaller, less intrusive, driver feedback signs which can remain for extended amounts of time. Chair Wettan inquired if there was anything published as to why the City does not utilize speed bumps because this is a common question from the public. Mr. Chou responded that this was indeed a common question from the public and suggested that this topic might be more easily addressed through the traffic safety/information brochure project that staff is working on. - Oak Grove Ave/Neuchatel Ave Parking and Red Curbs Mr. Wong reported that the addition of red curbing would be considered as a way to mitigate the sight distance concerns. Mr. Wong also noted that parking was impacted in this area; and, a notice of potential red curbing was posted adjacent to the space, and resulted in public comments about the need for more parking spaces. Mr. Wong stated that he would report back to the Commission after some more analysis and possible public noticing to the residents of the area. - Howard AveNictoria Rd Stop Sign Requests Mr. Wong reported that this intersection would be evaluated in September, when school has resumed. 8.1.2 Construction and Design projects - New Bike Racks Mr. Wong reported that the 32 bike racks from the Bay Area Air Quality 3 Management District (BAAQMD) grant were in transit and should arrive shortly. He added that the Public Works Corporation Yard staff would be handling the bike rack installation. Burlingame Avenue Streetscape Project Mr. Wong reported that the 1400 block should be open in the next two weeks to traffic. He added that the work on the 1100 block would begin afterwards. Linden/Larkspur Intersection Temporary Traffic Circle Mr. Wong reported that staff met with the neighborhood and shared the temporary traffic circle design. He stated that there was also discussion regarding the options for the traffic circle interior. Mr. Wong reported that the residents were very supportive of this effort. 2014 Street Resurfacing Project Mr. Wong reported that due to a clerical error, the project was to be re-bid on June 17, 2014. He stated that the project was already re-advertised, and that some additional work was added as well. He finished by saying that the project should begin in late August or early September. US101/13roadway Interchange Project Mr. Chou reported that Caltrans opened contractor bids on May 13, 2014; and, that nine bids were received. He said that the engineer's estimate was $44,590,000 and the apparent low bid was $44,900,000. Mr. Chou also reported that he had just learned that there might be a potential discrepancy, and that the bid may be contested by the second lowest apparent bidder. 8.1.3 School Traffic Issues - Hoover School Construction Mr. Chou reported that he, along with other City staff and City officials, attended a community meeting on May 10, 2014. He added that other attendees included staff and Town officials from the Town of Hillsborough, members of the public, Burlingame School District and their design team. Mr. Chou reported that the meeting concluded with the decision to establish a traffic working group made up of staff members from Burlingame, Hillsborough, the school district, and the design team to filter out discussions and work with the plans that were presented. Mr. Chou stated that the traffic working group had subsequently met at the Hoover site and went through the initial seven traffic plans but with more in- 4 depth discussions, and also agreed to examine two additional alternative plans. He said the process involved looking at and openly discussing the positives and negatives of each plan. Mr. Chou concluded by reporting that the working group would compile and share the comments at a future public meeting. Chair Wettan stressed the urgency of the Hoover School project and expressed his concerns regarding the process of developing a traffic plan design, the level of the City's input, and the timeliness of the process. City Attorney Kane reiterated that this matter was first, and foremost, a Burlingame School District project; and, that they would ultimately accept or reject the outcome of the public feedback. Ms. Kane stated that staff has been proactive and forthcoming in working with the school district in trying to find and offer viable solutions to the various issues concerning Hoover School. She reiterated that the City Manager has always held a very strong position in favor of facilitating the matter where ever the City is able. Ms. Kane also clarified that a number of efforts have-been offered to facilitate a resolution on all levels of the City organization. 8.2 Police Department Reports — Reports and/or updates on Police Department program and activities 8.2.1 General/Selective Traffic Enforcement Report Corporal Murphy reported that the month of May was focused on the "Click It or Ticket' program. He also reported that during the period of May 19th through June 1st, the Police staff issued 102-105 citations for this scofflaw. Corporal Murphy also reported that speeding was still a concern; and, that some of the "hot spots" on the selective enforcement list were: - Carmelita Avenue west of EI Camino Real up to Hillsborough - 1500 block of Floribunda - 400 block of Bloomfield - Dwight Avenue between Rollins & Vernon - Stop sign issues in the Easton area — particularly Cabrillo and Cortez - Downtown enforcement Corporal Murphy also reported that the Police Department applied for another Office of Traffic Safety (OTS) grant; and, that the City should learn if its application was selected in the next few months. Commissioner Akers brought up parking concerns for the upcoming Billie Sue Tournament at Ray Park. He said that, traditionally, this event has brought many 5 out-of-town attendees who park blocking residential driveways. Corporal Murphy said the Police Department would respond to these complaints. 8.3 Commissioners' Comments and Concerns 8.3.1 Fresh/Farmers Market Event Calendar Chair Wettan, Commissioners Martos and Londer reported that they each took turns representing TSPC at the last Fresh Market, and they reviewed some of the feedback and/or concerns received. The Commissioners decided they would continue to have TSPC representation at the August and September Fresh Markets. And, that future dates would be determined. Commissioner Londer encouraged other Commissions or groups to participate as a means of community outreach. He closed by saying that the third, fourth and fifth Sundays were still available. 9. COMMUNICATIONS 9.1 Andrew Kenakin — Digital Payment Technologies (DPT) information 9.2 Joe Kavalaris — Floribunda Avenue Traffic Safety Efforts Update 9.3 Jeff DeMartini — New B/PAC member from Planning Commission 9.4 Todd Weller, Joan Constantino, Bernadette Canniffe, Abbi Eastburn, Christie Onoda — STOP Sign request at HowardNictoria Intersection 9.5 Amjad Hanif— Residential Parking Permit Program for Ray Drive 9.6 Other Communications - None None. 10.COMMISSION & COMMITTEE REPORTS 10.1 Burlingame Bicycle/Pedestrian Advisory committee (B/PAC) Commissioner Londer reported that B/PAC met earlier in the evening and discussed a variety of issues including re-paving, bicycle lanes, Carolan Avenue, California Drive with parking, the Carolan Complete Streets project design, bike racks, and gaps on the Bay Trail. Commissioner Londer also reported that Planning Commissioner Jeff DeMartini was now a representative at B/PAC. 11.FUTURE AGENDA ITEMS 11.1 Downtown Parking Strategies 6 11.2 Cypress Avenue 2-Hour Parking Restriction & Residential Parking Permit Program (1500 block) 12.ADJOURNMENT 9:38 p.m. 7 Ig BURUNOAME Movie Library Board of Trustee Minutes June 17, 2014 I. Call to Order President Rosenthal called the meeting to order at 5:30pm. II. Roll Call Trustees Present: Debra Donaldson, Deborah Griffith, Lisa Rosenthal, Sandy Towle Trustee Absent: Betsy Corcoran Staff Present: Pat Harding, City Librarian Sidney Poland, Recorder III. Library Board of Trustees Minutes May 17, 2014 The Trustees approved the minutes of the May 17, 2,014 meeting. M/S/C (Towle/Griffith) IV. Correspondence and Information A. Statistics Circulation at both the Main and Easton shows a decrease from May of 2013. Easton decreased 11.99% from 8,250 in 2013 to 7,261 in 2014. The main library decreased 7.09% from 55,769 in 2013 to 51, 813 in 2014. The Trustees felt that lack of parking due to the construction on Burlingame Ave. might be a deterrent to library patrons at the main. The Summer Reading program could be an incentive for patrons of all ages to take out more materials thereby increasing circulation. To date 250 elementary children have signed up for Summer Reading at the main library and 175 at Easton. V. Reports A. City Librarian's Report - Highlights 1. Personnel - Raina Tuakoi, currently employed as a Library Assistant, is the recipient of the 2014 CIA Begun Scholarship. This $ 3,000 scholarship is awarded to a student who has-received an MLS degree and has chosen to become a children's or young adult librarian in California public libraries. 2. Millennium Project - Four bids were submitted for the bid opening on June 4th. Zolman Construction & Development Inc. was the lowest bidder. On July 7th, Pat Harding will submit a recommendation to the City Council to award the contract to Zolman Construction and Development Inc. 3. Wow - (What's on Wednesday) - The Children's Dept. will have a special summer teen program 6th - 12th grades during the summer featuring such events as game day (Wii), food day (making ice cream) and craft day (projects with duct tape). - B. Foundation -'To date Our Library Our Future has raised $ 511,000. The committee will meet on June 23rd to discuss future fund raising possibilities. John Piche, Reference Librarian and Maryam Refahi, Staff Artist, have created a virtual slide show to highlight current library events and Foundation news for the TV on the main level. Cindy Montgomery will chair the Children's Holiday Tea in December. 480 Primrose Road Burlingame - California 940io-4083 Phone (650) 558-7474 Fax (650) 342-6295 www.burlinganie.org/libranj VI. Unfinished Business A. Hold Fees Update Beginning July 1St, hold fees will be eliminated for all materials in the new fiscal year at all PLS libraries. Talking points supporting the elimination of hold fees will be provided to staff in case patrons have questions or concerns with the new procedure. B. Inappropriate Library Behavior Pat Harding hand delivered an inappropriate behavior warning letter to John Petush advising him that if he appears in an inebriated and disorderly state again in the library, the police will be contacted and he will be banned from the library for a specific period of time to be determined by the Library Board of Trustees. VII. New Business A. Library Trustee Applicants Kerbey Altmann, Mike Nagler and Jean Marie Buckley have applied for the two positions open on the Library Board of Trustees. Interviews will be held at City..Hall on August 12th at 6:OOpm in Conference Room A. B. PLS Event On June 24th the Library will join with PLS to host an event for the Public Library Partnership with Cenic. The purpose of the event will be to demonstrate how one gigabyte can enhance our Internet speed. Library staff, Trustees and,Foundation Board members are invited to attend the event. C. Little Free Libraries The purpose of the "Little,Libraries", which are small self-contained wooden boxes, is to promote reading among younger children. The Foundation will provide the books. Children's Department volunteers will oversee the upkeep. Burlingame Library's "Little Libraries"will be placed in Burlingame Parks and at the Town Hall in Hillsborough which will be easily accessible to young children. VIII. Adjournment The meeting was adjourned at 6:30PM. The next meeting of the Library Board of Trustees will beheld July 15, 2014, in the Library Conference Room at 5:30PM, M/S/C (Griffith/Towle) Respe fully Subm' Patricia Harding City Librarian 2 AI s FIRE EPT Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno To: Lisa Goldman,City Manager; Connie Jackson,City Manager Marcia Raines,City Manager; Randy Schwartz,City Manager From: Mark Ladas,Fire Chief Date: July 1, 2014 Re: Quarterly Report,April-June 2014 ADMINISTRATION During the second quarter of 2014 (4th qtr. FY2013/14) staff continued to work with the respective Finance departments on the finalization of the FY2014/15 budgets. All three budgets were approved by the respective Board of Directors and Councils. For CCFD the main increases were reflective of the purchase of a new engine and five new staff vehicles. Millbrae's budget remained fairly consistent with the previous fiscal year while the San Bruno budget addressed succession planning, facilities and equipment needs. The support of city managers and elected officials has allowed us to set budgets for future fiscal success. In April,the 10 year Millbrae Fire Assessment was passed potentially increasing revenues from$1.2 million to $1.5 million. On April 23rd at the regular CCFD Board of Directors meeting the Board received an update on Shared Services. After reviewing information presented, the Board of Directors directed staff to pursue a contract for services with Millbrae and to keep the relationship with San Bruno status quo for a period of 12-24 months. This was seen as a positive step towards a strong foundation for the future success of the agencies involved. The goal is to have a draft contract ready to present to the Board of Directors at the regular meeting on September 10,2014. In May, Chief Ladas attended the San Mateo County Fire Chiefs' Workshop where the Chiefs discussed upcoming county-wide changes. In June, Millbrae and San Bruno addressed all contracts between the two agencies and adjusted the cost allocation formula.The change will generate additional revenue for Millbrae and increase costs for San Bruno as well as allow for all qualified personnel from both Millbrae and San Bruno to test for vacant Battalion Chief positions. As we progress with our consolidation efforts in the next few years the possibility of eliminating these positions and the associated costs will present itself at which time we will evaluate and act accordingly. The agencies continued to see relief in overtime this quarter but finished the fiscal year over budget for overtime costs. The overage in the overtime budgets for CCFD (147%) and SBFD (185%) were largely due to personnel off-duty on workers compensation.MFD overtime costs are at 113%. 1 SAN i FIRE z DEPT Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno OPERATIONS Central County: Fire personnel responded to 1,083 requests for service last quarter of which 665 were medical calls. CCFD responded to 102 automatic aid calls in neighboring cities and received automatic aid for 95 calls. Millbrae: Fire personnel responded to 632 requests for service last quarter of which 375 were medical calls. MFD responded to 145 automatic aid calls in neighboring cities and received automatic aid for 9 calls. San Bruno: Fire personnel responded to 962 requests for service last quarter of which 597 were medical calls. SBFD responded to 102 automatic aid calls in neighboring cities and received automatic aid for 13 calls. Requests for Service 3/16/14-06/15/14 1,200 �r 1,000 " 800 ®* CCFD 600 MFD 400 SBFD � o 200 t � 0 Total Calls Medical Calls Automatic Aid Given Automatic Aid Received 2 ,, SAN FIRE DEPT &R o Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno TRAINING AND EMS Training for the second quarter of 2014 (4th qtr. FY2013/14) covered a wide variety of activities. All engine companies were required to perform ladder evolutions with the Training Division at the Drill Tower at Fire Station 37. Crews reviewed and discussed results from the previous block training on Transitional Fire Attacks, a new concept that firefighters are utilizing nationally. The emphasis of this quarter's training was directed to the upcoming Wildland Season. With the critical water situation throughout the state, it is anticipated to be a busy fire season with our county resources most likely utilized at the state level. The Training Division conducted a mandatory Wildland Exercise in Belmont this year in which crews worked on progressive hose-lays, structure triage and defense. Crews are preparing for the next Performance Standard which will require all companies to draft from a static water source. EMS training included the conclusion of Advanced Cardiac Life Support(ACLS) for all of Paramedics and Emergency Medical Technicians. Firefighters are required to complete the recertification to maintain their EMT or Paramedic status. ACLS is one of four bi-annual requirements for paramedics. The six probationary firefighters all successfully passed their first probationary examination. Their training will become more comprehensive for the next several months with another exam scheduled in July. Firefighter/Paramedics assisted as bike medics at two separate public events; the Diva Race in Burlingame on June 1St, attended by several thousand participants, and the Burlingame Criterium and kids'race on June 22nd. Personnel completed 4400 hours of training this quarter. FIRE PREVENTION Central County: Engine companies completed three hundred twenty-three (323) inspections including businesses and apartment buildings. Fire Prevention personnel conducted eight (8) Fire and Life Safety inspections and ninety (90) construction inspections including fire alarm and sprinkler system inspections, both commercial and residential. Personnel also signed off on fifty-four (54) new business licenses. Ninety-eight (98) plan reviews were completed and forty-five (45) fire permits were issued including fire alarms,fire sprinkler systems,and tent permits.Fire Prevention staff also completed three fire investigations. Fire Prevention staff began the Wildland Urban Interface Outreach with mailings educating the public and reminding them of the importance of cutting back and removing combustion vegetation. 3 SAIV FIRE DEPT �RUI�O Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno Fire Prevention staff from all three agencies met and participated in a Webinar with Inspection Reports Online (IROL) to research electronic records management as an option for consolidating and managing multiple cities' records. Fire Marshal Yballa attended the NFPA convention gaining valuable knowledge in the areas home fire sprinklers,public education and disaster preparedness. Staff attended a Town Hall meeting for the Burlingame Hills, Burlingame, and Hillsborough residents to discuss options for Hoover School. Millbrae: The multi-story, mixed-use building at 120 S. El Camino Real continues to see progress with final fire alarm and sprinkler testing inspections conducted for all floors. Fire Prevention staff conducted eight-three (83) specialized inspections during the quarter, including ten (10) Fire Life and Safety inspections,thirty-five (35) construction inspections,five (5) code enforcement inspections, and twenty-four (24) vegetation management inspections. The Fire Department also signed off on the opening of nine (9) businesses and completed eleven (11) fire- specific plan checks during the quarter. In addition to the Fire Prevention division inspections, suppression crews completed thirty-seven (37)annual business inspections. Staff taught a CPR/First aid and AED training class for all Park and Recreation summer leaders. Each leader earned a two year certification by the American Heart Association. San Bruno: Fire Prevention staff conducted one hundred thirty-eight (138) specialized inspections, consisting of twenty-nine (29) construction inspections,nine (9) Fire Life and Safety inspections,four(4) code enforcement inspections,eighteen (18) vegetation management inspections,and seventy-eight(78) annual restaurant/food service inspections. In addition to the Fire Prevention division inspections, suppression crews initiated annual apartment building inspections;seventy-six were completed in the quarter. Fire Prevention staff attended fire alarm and fire sprinkler update training as well as regular monthly meetings for NORCAL Fire Prevention Officers and San Mateo County Fire Prevention Officers. There were two significant structure fires in this quarter;both were investigated by Fire Prevention staff. In March, a fire to the rear of a residence on Eucalyptus Way consumed a large storage shed and contents. No injuries were reported as a result of the incident. In May,three homes sustained significant damage on the 900 block of Montgomery Avenue, with the displacement of nineteen (19) residents. Fortunately,no injuries were reported,as the fire occurred in the early morning 4 SAN FIDE DEPT .BRLTso Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno hours.There were no working smoke detectors found in any of the three units involved and at this time the specific cause of the fire remains undetermined. Inspection Activity 3/16/14-6/15/14 350 300 250 200 CCFD 150 MFD SBFD 100 gg ; 50 24 i� g 10 9 11'16 18 901,10 — I Construction Fire,Life& Plan Reviews Company Veg. Business Safety Inspections Mgmt/Code Licenses Enforcement COMMUNITY OUTREACH,PUBLIC EDUCATION AND EMERGENCY PREPAREDNESS Central County: Fire personnel completed twenty-five (25) car seat inspections and three (3) public education events as well as twenty-five (25)school fire drills and five (5) station tours. Fire Prevention staff worked with the Burlingame Building Department to present a three hour workshop for Owner/Builders in Burlingame at the Burlingame Library. The event was attended by approximately twenty-five people. 5 SAN FIRE DEPT RR"o Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno In April, Councilmember Nagel, BNN members and staff attended the After Action report for the Peninsula Preparedness Network(PNN) Grant awarded to the City of Burlingame and the City of Palo Alto. As part of this grant the BNN and CCFD personnel conducted a functional communications exercise in the Poppy, Clarendon, and Cumberland neighborhoods utilizing Ham radio operators at the EOC,Washington School,and Lincoln School. In May, CCFD hosted the Annual Junior Fire Marshal Picnic in Washington Park, Burlingame. The picnic was attended by 265 children from ten Burlingame and Hillsborough schools. Staff from all three agencies helped coordinate games and activities and cook and serve a BBQ lunch. Staff,accompanied by Engine 35C,also assisted at a Block Party for the Burlingame Hills/Adeline Neighborhood.Staff members also conducted a fire safety class for students of the Babysitting Class at the Burlingame Recreation Center. At the beginning of June both off-duty and on-duty CCFD personnel cooked and served pancakes to approximately one thousand runners and their families at the Hillsborough School District Fun Run. Two weeks later, on June 14th, CCFD held its Annual Pancake Breakfast at Station 34 raising over $5,000 for the Alisa Ann Ruch Burn Foundation. Later in the month CCFD CERT coordinators and Prevention staff participated in the Burlingame Neighborhood Network (BNN) Family Feud (Earthquake Edition)at the Lane Room. On June 7th, CCFD personnel participated in the 101h Annual Disaster Preparedness Day at the San Mateo County Fairgrounds. Personnel taught CPR to more than two hundred (200) members of the public.At the end of the month an EOC 101 class was taught to EOC members. CCFD conducted one CERT class this quarter for eight (8) citizen students and five CPR classes with thirty-one (31)students. Millbrae: Staff attended meetings for the proposed project development adjacent to the existing BART station. Staff and crews conducted ten (10) station tours,three (3) school fire drills, and eight (8) car seat inspections. Fire personnel also attended and participated in events at Safeway and the Millbrae Community Center.One CERT class was taught this quarter. On May 22nd, Fire Prevention staff assisted with the Junior Fire Marshal Picnic hosted by Central County Fire Department. 6 SAN � FIRE EPT &R"o Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno San Bruno: Fire Prevention staff provided fire extinguisher training to two business locations for approximately one hundred citizens and also gave a general safety presentation to approximately fifty senior citizens. Earlier in the quarter staff conducted a CERT course for residents of Shelter Creek. Twenty-five residents graduated from the course.Staff also taught one CPR class. On behalf of Captain Scott Waldvogel, Liberty Mutual awarded the City $10,000 to assist in providing CERT training to the community. On March 22nd,fire personnel participated in a"Super Hero"cancer survivor activity,benefiting two young cancer survivors,which involved activities at various sites throughout the City. San Bruno staff attended training from the Office of Emergency Services called Web-EOC. The Web based training class allows divisions within the cities EOC a computer program to record all functions and activities of emergencies.Staff is also starting training for ICS 100 and IS 700 as part of a plan to get all employees trained and ready to handle the next major emergency. In June, personnel hosted a Pancake Breakfast which coincided with the Posey Parade and raised $1,500 for charity. An annual Firework Safety meeting was conducted for all participating groups of this year's 17 San Bruno firework sales booths. Community safety information regarding both Wildland safety and Firework safety was dispersed to citizens through various City media outlets. UPCOMING QUARTER July-Deputy Fire Chief and Deputy Fire Marshal recruitment announcements July 21St-SBFD Firefighter Recruit Interviews August 12th-Deputy Fire Marshal Exam August 15th-Deputy Fire Chief Exam August 16th- 17th-Burlingame on the Avenue September-CCFD CERT Training September 1St-Burlingame Community Spirit Run September 10th-CCFD Board of Directors Regular Meeting 7 City of Burhugame JUNE PERMIT ACTIVITY *" Building permit valuation was up significantly this June. After the permit for a non-residential alteration with a valuation of$3.5MM is considered, the total valuation for the month exceeds the total valuation for June 2013 by over 8%. Permits were issued for two new single-family dwellings. **Two pre-application meetings were held in June: 1)A proposed retail tenant at the rear of 1426 Burlingame Avenue; and 2)Conversion of the upper floors of the Bekins Building at 1070 Broadway to public storage. THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2014 F. Y.2013 DIFF Permit Type # # % # # % WATER HEATER 1 700 7 22,794 3 5,000 356 SWIMMING POOL 1 14,500 7 253,000 10 250,800 1 SIGN 4 12,470 4 9,890 26 34 159,664 42 167,050 -4 ROOFING 20 697,761 11 346,190 102 156 3,050,203 146 2,253,600 35 RETAINING WALL 1 14,000 4 80,500 4 34,500 133 PLUMBING 17 122,247 11 45,050 171 218 9421607 183 936,343 1 NEW SFD 2 1,300,000 2 1,300,000 11 7,676,200 17 10,569,600 -27 NEW COMMERCIAL 1 4,500,000 NEW 5 UNIT APT OR CO 3 10,600,000 1 1,500,000 607 NEW 3 OR 4 UNIT APT 1 1,550,000 MECHANICAL 5 112,180 2 21,058 433 48 393,430 43 484,946 -19 KITCHEN UPGRADE 5 109,000 3 108,000 1 38 899,388 40 898,756 0 FURNACE 1 5,710 12 68,428 5 24,852 175 ELECTRICAL SERVICE 3 6,400 6 13,800 9 20,450 -33 City of Burlingame JUNE PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F.Y. 2014 F. Y.2013 DIFF Permit Type # # % # # % ELECTRICAL 12 79,800 12 93,250 -14 129 1,400,378 117 1,080,020 30 BATHROOM UPGRADE 7 91,000 5 83,211 9 58 925,150 55 974,761 -5 ALTERATION RESIDENTI 25 1,540,065 32 1,977,680 -22 365 18,344,972 333 15,041,012 22 ALTERATION NON RES 13 4,177,574 7 369,500 1,031 131 23,643,561 135 10,962,901 116 Totals: 111 8,256,597 95 4,380,639 88 1,228 72,974,076 1,144 46,754,590 56 City of( lingame JULY PERMIT ACTIVITY ** Residential and commercial alteration permit values were up by over 50% in July. Overall permit valuations were down slightly for the month compared with July 2013. This was due to low permit valuations in most of the smaller, sub-permit categories. A permit was issued for one new single-family home in July. ** No pre-application meetings were held this month. THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2014 F. Y.2013 DIFF Permit Type # # % # # % WATER HEATER 1 0 1 0 0 SWIMMING POOL 1 42,000 1 42,000 SIGN 3 14,734 1 10,000 47 3 14,734 1 10,000 47 ROOFING 13 233,525 21 385,601 -39 13 233,525 21 385,601 -39 RETAINING WALL PLUMBING 20 81,565 21 102,446 -20 20 81,565 21 102,446 -20 NEW SFD 1 665,000 1 605,000 10 1 665,000 1 605,000 10 NEW COMMERCIAL NEW 5 UNIT APT OR CO 1 1,500,000 1 1,500,000 NEW 3 OR 4 UNIT APT MECHANICAL 3 28,216 5 44,770 -37 3 28,216 5 44,770 -37 KITCHEN UPGRADE 1 35,000 2 36,500 -4 1 35,000 2 36,500 -4 FURNACE ELECTRICAL SERVICE City of( -lingazme JULY PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2014 F. Y.2013 DIFF Permit Type # # % # # % ELECTRICAL 13 186,500 24 332,269 -44 13 186,500 24 332,269 -44 BATHROOM UPGRADE 4 63,000 6 103,500 -39 4 63,000 6 103,500 -39 ALTERATION RESIDENTI 23 1,522,422 32 1,007,118 51 23 1,522,422 32 1,007,118 51 ALTERATION NON RES 9 2,342,984 9 1,499,000 56 9 2,342,984 9 1,499,000 56 Totals: 91 5,214,946 124 5,626,204 -7 91 5,214,946 124 5,626,204 -7 CITY OF BURLINGAME Portfolio Management Portfolio Summary June 30, 2014 Par Market Book %of Days to YTM/C YTM/C Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 49,595,341.99 49,589,023.48 49,595,341.99 53.80 1 1 0.279 0.282 Certificates of Deposit-Bank 3,500,000.00 3,536,335.69 3,500,000.00 3.80 1,396 911 1.234 1.251 CORP NOTES 3,000,000.00 3,203,715.00 3,218,300.00 3.49 1,095 1,022 -1.092 -1.108 Commercial Paper-Discount 1,000,000.00 999,616.00 997,334.88 1.08 269 76 0.362 0.367 Federal Agency Issues-Coupon 34,909,654.50 34,793,553.08 34,878,644.84 37.83 1,631 509 0.946 0.960 Investments 92,004,996.49 92,122,243.25 92,189,621.71 100.00% 712 264 0.521 0.528 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year 42,793.01 484,165.02 484,165.02 Average Daily Balance 84,456,288.38 80,036,784.47 Effective Rate of Return 0.62% 0.60% Pursuant to State law,there are Officient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types,and avai�bility of sorpie of nese fun is-restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). CA-ROL AUGUSTI FINAN r DIRECTOR/TREASURER Reporting period 06/01/2014-06/30/2014 Portfolio CITY CP Run Date:07/24/2014-15:00 PM(PRF_PM1)7.2.5 Report Ver.7.3.1 CITY OF BURLINGAME Portfolio Management Page 1 Portfolio Details - Investments June 30, 2014 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date LAIF&County Pool SYS77 77 LOCALAGENCYINV.FD. 07/01/2013 44,425,621.24 44,437,758.63 44,425,621.24 0.228 0.228 1 SYS79 79 S M COUNTY POOL 07/01/2013 5,169,720.75 5,151,264.85 5,169,720.75 0.750 0.750 1 Subtotal and Average 41,862,008.66 49,595,341.99 49,589,023.48 49,595,341.99 0.282 1 Certificates of Deposit-Bank 02005QT862 728 ALLY BANK UT 12/05/2012 250,000.00 250,525.90 250,000.00 0.750 0.760 157 12/05/2014 02587DSF6 756 AMERICAN EXPRESS CENTURION 08/22/2013 250,000.00 254,714.25 250,000.00 1.900 1.900 1,513 08/22/2018 05568P4S3 753 BMW BANK OF NORTH AMERICA 08/16/2013 250,000.00 252,637.43 250,000.00 1.400 1.400 777 08/16/2016 17284CUXO 763 CIT BANK 12/04/2013 250,000.00 252,208.38 250,000.00 1.450 1.450 1,252 12/04/2017 20451PCL8 755 COMPASS BANK 08/21/2013 250,000.00 253,695.33 250,000.00 1.800 1.800 1,512 08/21/2018 2546710E8 702 DISCOVER BANK 06/06/2012 250,000.00 255,874.38 250,000.00 1.800 1.800 1,071 06/06/2017 321086FJ4 734 FIRST NATIONAL BANK 02/13/2013 250,000.00 249,841.38 250,000.00 0.400 0.400 408 08/13/2015 33764JYJ8 750 FIRST BANK OF PUERTO RICO 08/16/2013 250,000.00 251,330.10 250,000.00 0.900 0.900 777 08/16/2016 36161TAQ8 704 GE CAPITAL FINANCIAL 06/08/2012 250,000.00 253,748.93 250,000.00 1.350 1.350 708 06/08/2016 36157QEL7 703 GE CAPITAL RETAIL BANK 06/08/2012 250,000.00 255,885.23 250,000.00 1.800 1.800 1,073 06/08/2017 38143AUG8 701 GOLDMAN SACHS BANK 06/06/2012 250,000.00 255,874.38 250,000.00 1.800 1.800 1,071 06/06/2017 48125TGH2 774 JP MORGAN CHASE 03/10/2014 250,000.00 250,000.00 250,000.00 1.000 1.000 1,713 03/10/2019 59012YZ91 730 Merrick Bank 12/21/2012 250,000.00 250,000.00 250,000.00 0.550 0.550 174 12/22/2014 78658AAZ1 731 SAFRA NATIONAL BANK 12/31/2012 250,000.00 250,000.00 250,000.00 0.600 0.600 548 12/31/2015 Subtotal and Average 3,500,000.00 3,500,000.00 3,536,335.69 3,500,000.00 1.251 911 CORP NOTES 46625HHL7 777 JP MORGAN SECURITIES 05/09/2014 1,000,000.00 1,182,320.00 1,188,900.00 2.250 -3.730 1,042 05/08/2017 89236TBD6 773 TOYOTA MTR CR CORP 03/05/2014 1,000,000.00 995,770.00 1,000,000.00 0.750 0.750 978 03/05/2017 94974BFD7 776 WELLS FARGO CO 05/09/2014 1,000,000.00 1,025,625.00 1,029,400.00 1.100 0.116 1,042 05/08/2017 Subtotal and Average 3,218,300.00 3,000,000.00 3,203,715.00 3,218,300.00 -1.108 1,022 Commercial Paper-Discount 46640QJF9 769 JP MORGAN SECURITIES 12/20/2013 1,000,000.00 999,616.00 997,334.88 0.357 0.367 76 09/15/2014 Subtotal and Average 997,334.88 1,000,000.00 999,616.00 997,334.88 0.367 76 Federal Agency Issues-Coupon 3133EAA81 711 FEDERAL FARM CREDIT BANK 07/31/2012 2,000,000.00 1,995,200.00 1,998,000.00 0.780 0.803 944 01/30/2017 3133EAE38 716 FEDERAL FARM CREDIT BANK 08/08/2012 2,000,000.00 1,992,800.00 1,998,000.00 0.820 0.842 1,035 05/01/2017 Portfolio CITY CP Run Date:07/24/2014-15:00 PM(PRF_PM2)7.2.5 Report Ver.7.3.1 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments June 30, 2014 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Issues-Coupon 3133ECE91 733 FEDERAL FARM CREDIT BANK 02/01/2013 1,000,000.00 1,000,650.00 1,000,000.00 0.400 0.400 580 02/01/2016 3133ECHS6 735 FEDERAL FARM CREDIT BANK 03/12/2013 1,000,000.00 993,920.00 1,000,000.00 1.030 1.030 1,350 03/12/2018 3133802C0 710 FEDERAL HOME LOAN BANK 07/26/2012 1,000,000.00 1,000,110.00 1,000,000.00 1.050 1.050 1,121 07/26/2017 3133805K9 713 FEDERAL HOME LOAN BANK 08/08/2012 654,827.25 654,866.54 654,172.42 0.720 0.745 769 08/08/2016 31338051<9 714 FEDERAL HOME LOAN BANK 08/08/2012 654,827.25 654,866.54 654,172.42 0.720 0.745 769 08/08/2016 3133804V6 718 FEDERAL HOME LOAN BANK 08/14/2012 1,000,000.00 998,490.00 999,300.00 1.000 1.014 1,135 08/09/2017 3133804V6 719 FEDERAL HOME LOAN BANK 09/05/2012 1,000,000.00 998,490.00 1,000,000.00 1.000 1.000 1,135 08/09/2017 313380MF1 720 FEDERAL HOME LOAN BANK 09/18/2012 1,000,000.00 998,030.00 999,500.00 1.000 Aaa 1.010 1,175 09/18/2017 313380MF1 721 FEDERAL HOME LOAN BANK 09/18/2012 1,000,000.00 998,030.00 1,000,000.00 1.000 Aaa 1.000 1,175 09/18/2017 313380NT0 722 FEDERAL HOME LOAN BANK 09/27/2012 1,000,000.00 992,610.00 1,000,000.00 1.000 1.000 1,184 09/27/2017 313381W68 732 FEDERAL HOME LOAN BANK 01/30/2013 2,000,000.00 1,999,720.00 2,000,000.00 0.750 0.600 29 01/30/2018 3130A1063 771 FEDERAL HOME LOAN BANK 03/26/2014 1,000,000.00 1,000,300.00 1,000,000.00 1.250 1.250 87 03/26/2019 3130Al5W4 772 FEDERAL HOME LOAN BANK 03/27/2014 1,000,000.00 996,400.00 999,000.00 0.875 1.076 88 03/27/2017 3134G44N5 741 FEDERAL HOME LOAN MORTG.CORP. 05/28/2013 1,000,000.00 984,140.00 1,000,000.00 0.750 0.750 331 11/28/2017 3134G43S5 744 FEDERAL HOME LOAN MORTG.CORP. 05/15/2013 1,000,000.00 992,130.00 1,000,000.00 0.625 0.625 318 05/15/2017 3134G46D5 746 FEDERAL HOME LOAN MORTG.CORP. 06/12/2013 2,000,000.00 1,992,840.00 1,989,000.00 1.200 1.572 73 06/12/2018 3134G4EF1 748 FEDERAL HOME LOAN MORTG.CORP. 08/13/2013 1,550,000.00 1,551,627.50 1,550,000.00 1.000 1.000 43 02/13/2017 3134G4FA1 751 FEDERAL HOME LOAN MORTG.CORP. 08/27/2013 1,000,000.00 1,001,400.00 1,000,000.00 1.000 1.000 57 02/27/2017 3134G4NZ7 768 FEDERAL HOME LOAN MORTG.CORP. 12/27/2013 1,000,000.00 999,630.00 1,000,000.00 1.500 1.500 88 12/27/2018 3134G4V39 770 FEDERAL HOME LOAN MORTG.CORP. 02/28/2014 1,000,000.00 1,001,970.00 1,000,000.00 1.500 2.008 58 02/28/2019 3135GORQ8 723 FANNIE MAE 11/15/2012 1,000,000.00 1,000,290.00 1,000,000.00 1.000 1.000 45 11/15/2017 3136GOZ61 724 FANNIE MAE 11/14/2012 1,000,000.00 990,880.00 998,500.00 0.900 0.976 44 11/14/2017 3136G06M8 726 FANNIE MAE 11/27/2012 2,000,000.00 1,978,240.00 2,000,000.00 0.900 0.900 57 11/27/2017 3136G06Z9 729 FANNIE MAE 12/13/2012 2,000,000.00 1,991,060.00 2,000,000.00 0.650 0.650 74 12/13/2016 3136G1KS7 736 FANNIE MAE 05/15/2013 1,050,000.00 1,046,482.50 1,050,000.00 0.500 0.500 45 08/15/2016 3136GIBT55 761 FANNIE MAE 11/19/2013 2,000,000.00 1,988,380.00 1,989,000.00 0.850 Aaa 1.015 1,133 08/07/2017 Subtotal and Average 34,878,644.84 34,909,654.50 34,793,553.08 34,878,644.84 0.960 509 Total and Average 84,456,288.38 92,004,996.49 92,122,243.25 92,189,621.71 0.528 264 Portfolio CITY CP Run Date:07/24/2014-15:00 PM(PRF_PM2)7.2.5 CITY OF BURLINGAME Portfolio Management Page 3 Portfolio Details - Cash June 30, 2014 Average Purchase Stated YTM/C Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 0 Total Cash and Investments 84,456,288.38 92,004,996.49 92,122,243.25 92,189,621.71 0.528 264 Portfolio CITY CP Run Date:07/24/2014-15:00 PM(PRF_PM2)7.2.5 CITY OF BURLINGAME Portfolio Management Investment Status Report - Investments Page 1 June 30, 2014 Stated Maturity Purchase YTM/C YTM/C Payment Accrued Interest Current CUSIP Investment# Issuer Par Value Rate Date Date 360 365 Dates At Purchase Principal Book Value LAIF&County Pool SYS77 77 LAIF 44,425,621.24 0.228 07/01/2013 0.225 0.228 09/30-Quarterly 44,425,621.24 44,425,621.24 SYS79 79 SMPOOL 5,169,720.75 0.750 07/01/2013 0.740 0.750 09/30-Quarterly 5,169,720.75 5,169,720.75 LAIF&County Pool Totals 49,595,341.99 0.279 0.282 0.00 49,595,341.99 49,595,341.99 Certificates of Deposit-Bank 02005QT862 728 ALLY B 250,000.00 0.75012/05/2014 12/05/2012 0.750 0.760 01/05-Monthly 250,000.00 250,000.00 02587DSF6 756 AMEXCN 250,000.00 1.90008/22/2018 08/22/2013 1.874 1.900 02/12-08/12 250,000.00 250,000.00 05568P4S3 753 BMW 250,000.00 1.40008/16/2016 08/16/2013 1.381 1.400 02/16-08/16 250,000.00 250,000.00 17284CUXO 763 CITBAK 250,000.00 1.45012/04/2017 12/04/2013 1.430 1.450 06/04-12/04 250,000.00 250,000.00 20451PCL8 755 COMPAS 250,000.00 1.80008/21/2018 08/21/2013 1.775 1.800 02/12-08/12 250,000.00 250,000.00 2546710E8 702 DISCOV 250,000.00 1.80006/06/2017 06/06/2012 1.775 1.800 12/06-06/06 250,000.00 250,000.00 321086FJ4 734 FIRST 250,000.00 0.40008/13/2015 02/13/2013 0.395 0.400 03/01-Monthly 250,000.00 250,000.00 33764JYJ8 750 FPR 250,000.00 0.90008/16/2016 08/16/2013 0.888 0.900 09/16-Monthly 250,000.00 250,000.00 36161TAQ8 704 GE CAP 250,000.00 1.35006/08/2016 06/08/2012 1.332 1.350 12/01-06/01 250,000.00 250,000.00 36157QEL7 703 GE RET 250,000.00 1.80006/08/2017 06/08/2012 1.775 1.800 12/08-06/08 250,000.00 250,000.00 38143AUG8 701 GOLD 250,000.00 1.80006/06/2017 06/06/2012 1.775 1.800 12/06-06/06 250,000.00 250,000.00 48125TGH2 774 JPCHAS 250,000.00 1.00003/10/2019 03/10/2014 0.986 1.000 09/10-03/10 250,000.00 250,000.00 59012YZ91 730 MERRIC 250,000.00 0.55012/22/2014 12/21/2012 0.542 0.550 01/13-Monthly 250,000.00 250,000.00 78658AAZ1 731 SAFRA 250,000.00 0.60012/31/2015 12/31/2012 0.592 0.600 06/30-12/31 250,000.00 250,000.00 Certificates of Deposit-Bank Totals 3,500,000.00 1.234 1.251 0.00 3,500,000.00 3,500,000.00 CORP NOTES 46625HHL7 777 JP MOR 1,000,000.00 2.25005/08/2017 05/09/2014 -3.678 -3.730 11/06-05/06 2,800.00 1,188,900.00 1,188,900.00 89236TBD6 773 TOY 1,000,000.00 0.75003/05/2017 03/05/2014 0.740 0.750 06/05-Quarterly 1,000,000.00 1,000,000.00 949746FD7 776 WELLS 1,000,000.00 1.10005/08/2017 05/09/2014 0.114 0.116 10/23-04/23 58.33 1,029,400.00 1,029,400.00 CORP NOTES Totals 3,000,000.00 -1.092 -1.108 2,858.33 3,218,300.00 3,218,300.00 Commercial Paper-Discount 46640QJF9 769 JP MOR 1,000,000.00 0.35709/15/2014 12/20/2013 0.362 0.367 09/15-At Maturity 997,334.88 997,334.88 Commercial Paper-Discount Totals 1,000,000.00 0.362 0.367 0.00 997,334.88 997,334.88 Federal Agency Issues-Coupon 3133EAA81 711 FFCB 2,000,000.00 0.78001/30/2017 07/31/2012 0.792 0.803 01/30-07/30 1,998,000.00 1,998,000.00 Portfolio CITY CP Run Dale:07/24/2014-15:00 PM(PRF-PMS)7.2.5 Report Ver.7.3.1 CITY OF BURLINGAME Portfolio Management Investment Status Report - Investments Page 2 June 30, 2014 Stated Maturity Purchase YTMIC YTM/C Payment Accrued Interest Current CUSIP Investment# Issuer Par Value Rate Date Date 360 365 Dates At Purchase Principal Book Value Federal Agency Issues-Coupon 3133EAE38 716 FFCB 2,000,000.00 0.82005/01/2017 08/08/2012 0.830 0.842 11/01-05/01 318.89 1,998,000.00 1,998,000.00 3133ECE91 733 FFCB 1,000,000.00 0.40002/01/2016 02/01/2013 0.395 0.400 08/01-02/01 1,000,000.00 1,000,000.00 3133ECHS6 735 FFCB 1,000,000.00 1.03003/12/2018 03/12/2013 1.016 1.030 09/12-03/12 1,000,000.00 1,000,000.00 3133802CO 710 FHLB 1,000,000.00 1.05007/26/2017 07/26/2012 1.036 1.050 01/26-07/26 1,000,000.00 1,000,000.00 3133805K9 713 FHLB 654,827.25 0.72008/08/2016 08/08/2012 0.735 0.745 02/08-09/09 654,172.42 654,172.42 31338051<9 714 FHLB 654,827.25 0.72008/08/2016 08/08/2012 0.735 0.745 02/08-08/08 654,172.42 654,172.42 3133804V6 718 FHLB 1,000,000.00 1.00008/09/2017 08/14/2012 1.001 1.014 02/09-08/09 138.89 999,300.00 999,300.00 3133804V6 719 FHLB 1,000,000.00 1.00008/09/2017 09/05/2012 0.986 1.000 02/09-08/09 722.22 1,000,000.00 1,000,000.00 31338OMF1 720 FHLB 1,000,000.00 1.00009/18/2017 09/18/2012 0.996 1.010 03/18-09/18 999,500.00 7 999,500.00 31338OMF1 721 FHLB 1,000,000.00 1.00009/18/2017 09/18/2012 0.986 1.000 03/18-09/18 1,000,000.00 1,000,000.00 31338ONTO 722 FHLB 1,000,000.00 1.00009/27/2017 09/27/2012 0.986 1.000 03/27-09/27 1,000,000.00 1,000,000.00 313381W68 732 FHLB 2,000,000.00 0.75001/30/2018 01/30/2013 0.592 0.600 07/30-01/30 2,000,000.00 2,000,000.00 3130A1063 771 FHLB 1,000,000.00 1.25003/26/2019 03/26/2014 1.233 1.250 09/26-03/26 1,000,000.00 1,000,000.00 313OAl5W4 772 FHLB 1,000,000.00 0.87503/27/2017 03/27/2014 1.061 1.076 09/27-03/27 999,000.00 999,000.00 3134G44N5 741 FHLMC 1,000,000.00 0.75011/28/2017 05/28/2013 0.740 0.750 11/28-05/28 1,000,000.00 1,000,000.00 3134G43S5 744 FHLMC 1,000,000.00 0.62505/15/2017 05/15/2013 0.616 0.625 11/15-05/15 1,000,000.00 1,000,000.00 3134G46D5 746 FHLMC 2,000,000.00 1.20006/12/2018 06/12/2013 1.551 1.572 12/12-06/12 1,989,000.00 1,989,000.00 3134G4EF1 748 FHLMC 1,550,000.00 1.00002/13/2017 08/13/2013 0.986 1.000 02/13-08/13 1,550,000.00 1,550,000.00 3134G4FA1 751 FHLMC 1,000,000.00 1.00002/27/2017 08/27/2013 0.986 1.000 02/27-08/27 1,000,000.00 1,000,000.00 3134G4NZ7 766 FHLMC 1,000,000.00 1.50012/27/2018 12/27/2013 1.479 1.500 06/27-12/27 1,000,000.00 1,000,000.00 3134G4V39 770 FHLMC 1,000,000.00 1.50002/28/2019 02/28/2014 1.981 2.008 08/28-02/28 1,000,000.00 1,000,000.00 3135GORQ8 723 FNMA 1,000,000.00 1.00011/15/2017 11/15/2012 0.986 1.000 05/15-11/15 1,000,000.00 1,000,000.00 3136GOZ61 724 FNMA 1,000,000.00 0.90011/14/2017 11/14/2012 0.963 0.976 05/14-11/14 998,500.00 998,500.00 3136GO6M8 726 FNMA 2,000,000.00 0.90011/27/2017 11/27/2012 0.888 0.900 05/27-11/27 2,000,000.00 2,000,000.00 3136GO6Z9 729 FNMA 2,000,000.00 0.65012/13/2016 12/13/2012 0.641 0.650 06/13-12/13 2,000,000.00 2,000,000.00 3136G1KS7 736 FNMA 1,050,000.00 0.50008/15/2016 05/15/2013 0.493 0.500 08/15-02/15 1,050,000.00 1,050,000.00 3136G1BT55 761 FNMA 2,000,000.00 0.85008/07/2017 11/19/2013 1.001 1.015 02/07-Quarterly 1,989,000.00 1,989,000.00 Federal Agency Issues-Coupon Totals 34,909,654.50 0.946 0.960 1,180.00 34,878,644.84 34,878,644.84 Investment Totals 92,004,996.49 0.521 0.528 4,038.33 92,189,621.71 92,189,621.71 Portfolio CITY CP Run Date:07/24/2014-15:00 PM(PRF-PMS)7.2.5 RECEIVED JUL 0 8 2014 CITY CLERK'S OFFICE CITY OF BURLINGAME r_ 7 E ' At"..Amw i ................................ t � + - �.... .................................... The Burling me Historical Society P.O.Box 144,Burlinaaine,CA 94011 Ph.650-3=10-99(x0 14r 11)#:94-2411929 Honorable Mayor Brownrigg and Council_ members 501 Primrose Rd. Burlingame, CA 94010 July 8, 2014 RE: Community Grant Dear Mayor Brownrigg and honorable City Council members: On behalf of the Burlingame Historical Society Board, please accept our gratitude for the generous $990 grant(ck. 69912 dated 7-3-2014) towards funds necessary to rehabilitate and repurpose the original Burlingame Library chandelier in our collection. When complete, the rehabilitated chandelier will better illuminate our history displays,while embellishing the dark waiting room of the main station. We look forward to installing a piece of history that will be yet another gem in the Burlingame community; one about which we can all be proud. Thank you all for contributing to this project. 5111c rely yours, 1 r Jennifer Pfaff President *CORA RECEIVED Community Overcoming JUL 11 2014 Relationship Abuse CITY CLERK'S OFFICE CITY OF BURLINGAME July 8, 2014 City Council c/o Carol Augustine, Finance Director City of Burlingame Board of Directors 501 Primrose Road Wendy Miller Burlingame, CA 94010 Chair Dear Burlingame City Council, Ken Shigematsu Vice Chair We recently received your$3,375 grant to CORA(Community Overcoming Jill Manchester Relationship Abuse). We know you have many competing economic priorities Treasurer and we are grateful you have chosen to support our lifesaving work. Yvonne Seeley,Esq. Secretary As you may know, CORA's goal is to end domestic violence in San Mateo Laurie Gomes County through intervention and prevention. Our trauma-informed services Gail Gorton include a 24-Hour Crisis Hotline, Emergency Response Program (our 24-hour Blanca Guerrero law enforcement referral program), Emergency Shelter and Transitional Carelle Karimimanesh Housing, Mental Health Services and Support Groups, and Legal Services. In Rosemary Mayer Hintz Jennifer Kong operation for over three decades, CORA is currently the only agency in the Hana Ma county solely dedicated to helping those affected by domestic violence. Lekha Srinivasan Homer Wong Last year,we served over 10,000 victims of domestic violence and their children. Your generous contribution is will provide life-saving services to the thousands in San Mateo County who contact us for help each year. Advisory Council Honorary Member The following statement provides an example of what our clients are able to Congresswoman Jackie Speier accomplish as a result of contributions from generous people like you: Robert Bernardo Chief JR Gamez "Before coming to CORA 1 thought that no one would believe what happened. Han.Jerry Hill 1 don't know how my children and 1 would have survived everything we've Don Horsley been through without their help." Rumana Jabeen Kirsten Keith Jennifer Normoyle,MD On behalf of our Board of Directors,staff and the many people living in San Kim Popo°its Mateo County who will transform their lives through your compassion and Chief Mark Raffaelli(ret.) Carol Ramsay support, thank you. Lauren Zorfas Warmly, Melissa Lukin Executive Director CORA is a non-profit 501(c)(3)organization,tax id#94-2481188. For tax purposes,no goods or services have been rendered in exchange for this donation. 2211 Palm Avenue,San Mateo,CA 94403 • Office:65o.652.o800 • Fax:65o.652.o8o8 24-hr Hotline:8oO.300.io8o • www.corasupport.org OMBUDSMAN SERVICES RECEIVE[) 711 NEVADA STREET � Q OF SAN MATEO COUNTY INC REDWOOD CITY, CA 94061 650-780-5707 ADVOCATE. EDUCATE. EMPOWER. JUL1 2014 PL CITY CLERK'S OFFICE CITY OF SURLINGgME July 8, 2014 City of Burlingame Attn: Mayor Michael Brownrigg 501 Primrose Road Burlingame, CA 94010-3997 Dear Mayor Brownrigg: I write to thank the City of Burlingame for its donation of $400.00 in support of the work we do in your community. It has been our pleasure to serve as advocates for those residents who reside in the city's long-term care facilities. We have certainly ridden a roller coaster alongside them particularly considering the changes over the years that have occurred in Burlingame Long-term Care, the largest facility in the county. Our ombudsmen continue to be extremely vigilant at that facility, which houses a very different mix of residents than we saw in the past: along with the traditional elderly residents that are served by nursing homes, we now find many younger people suffering from chronic ailments; clients who have a variety of severe mental illness diagnoses; an assortment of people from the street who find themselves in need of long-term care and who come with their own bizarre behaviors; and in recent years the state, in its wisdom, in part because they are under federal mandate to reduce the prison population, have been sending medical parolees into the local skilled nursing homes; plus we see a smattering of developmentally disabled adults among the mix. All this is happening without any changes to the training given to nursing home staff, who technically are trained to work with the frail elderly. Our job has become increasingly complicated over the years as we try to make sense of this extremely complex habitat for what we believe are among the county's most vulnerable citizens. We are so very grateful for your ongoing support. Sincerely, JA Tippy I E cutive Director Thanks to all our donors,including the following major contributors: San Mateo County Aging&Adult Services,Peninsula Health Care District, Sequoia Healthcare District,Woodlawn Foundation, Atkinson Foundation,Bernard A.Newcomb Foundation, Palo Alto Medical Foundation Medical Group Community Health Care Endowment Fund, Callison Foundation, OR RECEIVED JUL 11 2014 CITY CLERK'S OFFICE CITY OF BURLINGAME Serving People with Developmental Disabilities &their Families July 9, 2014 Ms. Carol Augustine, Finance Director City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 Dear Ms. Augustine: On behalf of Parca clients, staff, volunteers, and Board of Directors, I would like to express my sincere thanks to the City of Burlingame for its recent contribution to Parca's Raji House program. The funds we received will be used to offset program expenses at Raji House,the out-of-home respite care center for young people with developmental disabilities that Parca operates in Burlingame. If you would like a tour of the facility, we would be honored to meet with you. We are most grateful for your ongoing support of our work. Thanks again. Sincerely, Diana M. Conti CEO 800 Airport Blvd.,Suite 320,Burlingame,CA 94010 Phone 650.312.0730 Fax 650.312.0737 E-mail parca@parca.org Donation pickup 1-877-99PARCA (toll free) www.parca.org RECEIVED StarVista 610 Elm Street,Suite 212 JUL 11 2014 San Carlos,California 94070 CITY CLERK'S OFFICE ph:650-591-9623 SI ^�, /'��� 1 CITY OF BURLINGAME fax:650-591-9750 TUV www.star-vista.org July 10, 2014 Board of Directors Ms. Carol Augustine Lesley Martin City of Burlingame Chairperson 501 Primrose Rd. David Canepa Burlingame, CA 94010 Vice Chair Alison Proctor Dear Ms Augustine, Treasurer David Rosenbaum We are very grateful for the City of Burlingame's support in helping StarVista to Secretary transform the lives of children, young people, families and the communities in Michelle Blakely which they live. Offering unparalleled prevention, early intervention, education, Donna Cumming and counseling resources and services to more than 35,000 people throughout San Mateo County every year, our dedicated staff works with the community to Elaine Cummings offer the resources, the guidance, and the inspiration needed to create Mark Frappier opportunities for a healthier, stronger, and more hopeful life. Stephan Marshall Your grant award of $1,000.00, received on July 07, 2014, will be used to fund Elayne Pace the Crisis Intervention and Suicide Prevention Center, and will help provide 24- Seth Schalet hour suicide and crisis support, suicide education and intervention to local Kathleen Steele schools, and an anonymous chat room for teens. Together, we can build a Kristin Sun stronger, healthier San Mateo County for generations to come. Chief Ed Wood If you would like to speak to us, or have questions about the agency, I invite you to visit our website at www.star-vista.org, or contact Miki Armstrong, Development Director, at (650) 591-9623, ext.106. Thank you for helping us to strengthen our community! Sincerely, Sara Larios Mitchell, PhD, MACP Chief Executive Officer StarVista is a 501(c)(3) nonprofit organization. Our tax identification number is 94-3094966. No goods or valuable services were provided in exchange for your gift. Sustainable (650)638-2323• Fax: (650)361-1395 San Mateo County 177 Bovet Road,Sixth Floor,San Mateo,CA 94402 Economy. Equity. EnVIf0Nmant. Email: advocate@sustainablesanmateo.org edicated to the long-term health and vitality of our region Web:www.sustainablesanmateo.org Founders MARCIA PAGELS July 8, 2013 RECEIVED PETERSON Lisa Goldman JUL 21 2014 ARD OF DIRECTORS City Manager CHAIR City of Burlingame CITY CLERK'S OFFICE CITY OF BURLINGAME WILLIAM SCHULTE 501 Primrose Rd. VICE CHAIR Burlingame, CA 94010 TAMMY DEL BENE SECRETARY BETH BHATNAGAR Ste` TREASURER Dear V1-s-G tdTrian, THOMAS ROUNDS DIRK ALVARADO Thank you very much for Burlingame's contribution of $1600 to Sustainable San Mateo County's DAVID CRABBE 2014-2015 Indicators Reports. Your gift will be used to support our next fiscal year of Indicators SEAMUS MURPHY Report updates, to raise awareness of sustainability in our county and improve our ability to make DANIEL PETERSON AFSOON SHAHRDAR sound decisions for the benefit of future generations. PATRICK WOOLIEVER ADVISORY COUNCIL Our 2014 report builds on 17 years of annual Indicators Reports, modernizing to tri-annual updates with mobile-friendly online content and engaging launch events. This year we're dialing in on our Key JULIA BOTT Indicator: Transportation. The Winter 2014 event, "The First M.ile," and Spring 2014 event, TOM CRONIN RICHARD GORDON "Connecting the Last Mile," focused on local transportation initiatives and solutions with attendance JERRY HILL at each event upwards of 80 participants. ANNE HINCKLE DAVID HINCKLE We look forward to working with you and others in the community to evaluate our report, gather ARTHUR LLOYD feedback on future changes and ensure the accuracy and usability of this important report. THERESA LYNGSO DOUG MCGLASHAN RICKI MCGLASHAN This letter serves as confirmation that your contribution to Sustainable San Mateo County is fully tax- CLEM MOLONY deductible. Our work-is made possible through the generosity of donors. We are very grateful for MARK MOULTON your help.Thanks again for supporting SSMC. Executive Director // ADRIENNE ETHERTON Sincerely, V Project Coordinator Indicators Report � �� � _ CATHY SCHECHTER Adrienne Etherton Executive Director p Donation Receipt: Amount: $1600.00 Please consider this letter official receipt of your tax deductible contribution on 7.8.2014 in the amount of$1600.00. Our federal tax identification number is 48- 135776. This organization is a 501c(3)tax exempt organization,IRS Section 170(b)(2)(iii)for both federal and state tax purposes. SUSTAINABLE SAN MATEO COUNTY IS a nonprofit public benefit Corporation exempt from federal income tax under IRS Code Section 501(c)(3) r , Chair Jeff Fallick Digital Benefit Advisors Vice Chair RECEIVED COMMUNITY David III G GATE PATH® $ighfCast Inc.IriC. �(��� "Turning Disa6i/ities Into Pasribilities" Treasurer JUL 2 9 u Bryan Neider CITI CLERK'S OFFICE Electronic Arts CITY OF 13URLINGAME Secretary Holly Rockwood July 25, 2014 Wells Fargo Scott Atkinson Carr,McClellan,Ingersoll, Thompson&Horn Board of Directors Ms. Carol Augustine Elaine Cohen,Ed.D. The City of Burlingame Retired University Administrator/ 501 Primrose Road Promisor Burlingame, CA 94010-3097 Todd Gemmer Morgan Stanley Smith Barney RE: FY14/15 Grant#10164100270 Grace Gengoux,Ph.D. Stanford University School of Medicine and Lucile Packard Children's Hospital Dear Ms. Augustine, Carole Groom Board of Supervisors On behalf of our staff, Board of Directors and participants, thank you for San Mateo County Betsy Grotte renewing The City of Burlingame's support of Community Gatepath and Hillsborough Auxiliary President changing the lives of children and adults with disabilities. Larry Grotte MTC Holdings/PortsAmerica Y (Retired) We are thankful for our commitment to Community Gatepath. Your Gail Hashimoto generous grant of$4,800.00, arrived on July 7, 2014 to support our Family Hopkins&Carley Resource Center, which serves families of children with special needs. Vicky King President an Auxiliary Your contribution is deeply appreciated and recognized by all of us with the President and Agency Liaison Susan Lin,M.D. utmost gratitude. Thank you for joining us in "Turning Disabilities Into MD Laser&Cosmetics Possibilities!" Charles H.Mason,Jr. Retired Healthcare Executive Gene Mullin Warmest Regards, Educator, iymember District Nineteenth District(Retired) Barry Parker Parker Rightside IP Law D.Paul Regan Sheryl Yo Hemming Morse,Inc. CEO �P Laurie A.Rubenstein, M.D.,FAAP Redwood City Pediatrics Note:Please retain this letter as proof of your donation;the Internal Revenue Service requires a Sheryl Young Chief Executive Officer receipt.No goods or services were received in exchange for your contribution.Tax ID:94-1156502 Community Gatepath 350 Twin Dolphin Drive Suite 123 Redwood City,CA 94065 Tel:650-259-8500 Fax:650-697-5010 www.gatepath.com www.AbilityPath.org MISSION HOSPICE HOME about life �' JUL 14 ZQ14 BOARD OF DIRECTORS Judy DiPaolo Chair Dr.Stephen Weiler July 9,2014 Vice Chair Maryann Raab City of Burlingame Past chair 501 Primrose Rd Robert Adams Burlingame, CA 94010-3906 Treasurer Sheila Littrell secretary Dear Friends at City of Burlingame, - MEMBERS On behalf of Mission Hospice & Home Care, I would like to thank you for Andrea Bolts your kind donation of $1,400.00 dated July 3, 2014. Your contribution Kathryn Breaux enables us to provide physical, emotional and spiritual care to patients and Dr.Gail Brown families in the San Mateo County area. Dr.Karen Chee Mary Chigos Since its inception in 1979, Mission Hospice & Home Care has served the Ralph Garcia San Mateo County community with compassionate quality care, Kevin Gilmore bereavement support, and community outreach. This is only possible Jane Lennon because of thoughtful contributions from people like you, who are Danette Magilligan committed to providing quality of life services when they are needed most. Betty Stern Michael Teutschel Once again, thank you for your kindness. Patricia Wyrod Sheila Young HONORARY /Chief LIFETIME MEMBERHelen Lagenilson, RN Co founder Adeva Harriscutive Officer AUXILIARY PRESIDder this letter as the official receipt of your tax-deductible contribution. No Yolanda Crosby goods or,services were provided to you in consideration of this gift. Mission Hospice & Home Care is a 501 c (3) tax-exempt organization, IRS Section 170(b) (2) (iii) for both federal and state tax purposes. Our federal tax identification number is 94-2567162. o„ Serving the community since 1979 1670 SOUTH AMPHLETT BLVD., SUITE 300, SANTEO. CA 94402 P 650-554-1000 F 650-554-1001 WWW.MISSIONHOSPICE.ORG RECEIVED JUL 16 2014 CITY CLERK'S OFFICE ,'1/ CITY OF BURLINGAME July 15, 2014 PRIMROSE CENTER Carol Augustine CALL Primrose Center Finance Director 139 Primrose Road Burlingame, CA 94010 City of Burlingame 501 Primrose Road 650.342.2255 Burlingame, CA 94010 650.342-5005 Fax Dear Caroi, Coordinating Council On behalf of CALL Primrose, we can't thank you enough for the Board Members generous grant of $5,960 for FY 2014 — 2015 to the CALL Primrose Jo;o Bernardo Center. Patti Black Rev. Henry Hansen We appreciate the ongoing support, which enables us to help more Susan Ketcham of those in need within our community and are truly grateful to Meredith Kooyman Burlingame and its residents. Carol Knowles Rev. Jeff Kunkel Wit gratitude and respect, Linda Lees Dwyer Shawn Leong Muriel Lundquist ° Nancy Miller Larry Wright, Jr. Ter i Oesch gratitude L Primrose 50) 342-2255 ��:u�aa:,, Ti u+✓c�:. �ic� j� ii"iii v�t.vrg Terri Boesch To faithfully assist those in need on a path to self-sufficiency by providing direct aid and referral services. CC: Larry Wright Jr. InnVision Shelter Network RECEIVED JUL 1 F 2414 CITY CLERK'S Lot-FICE CITY OF BURLIIVGAME Board of Directors July 11, 2014 Rod Ferguson Chair Matthew Bahls Carol Augustine Vice Chair Financial Director Steve Luzaich City of Burlingame Secretary 501 Primrose Road John Brew Burlingame, CA 94010-3997 Treasurer Doreen Cadieux Dear Carol, Christina Dickerson Carmen Ericson Ed Jennings Thank you for your donation of$4,600.00, associated with InnVision Shelter Network's Christine Krolik Benefit Breakfast on October 9, 2014. All proceeds from the Benefit Breakfast will go David Lichtenger directly to funding the successful programs that serve thousands of homeless families and Jillian Manus individuals annually on their path to permanent housing and self-sufficiency. Ray Mueller Marquise Murphy We look forward to seeing you at the Benefit Breakfast when we will all enjoy the keynote Rachel Perkel speech from Regis Philbin, an update on our organization's activities and vision, and a very Ron Reis special address from one of our clients. Cheryl Westmont Essential parking and other detailed event information will be emailed to you and your Advisory Board guests prior to the Breakfast. Please feel free to call or email me with any questions William L.Butler regarding your participation. Congresswoman Anna Eshoo We deeply appreciate your investment and look forward to seeing you this fall! Roger Hagman Monica Ip Marcia Pade Wa est regards, William V.Regan,III V(N Congresswoman Jackie Speier � e my WCEOVice PDevelopment Karae M.Lisle P.S. For your records, the tax deductible portion of your gift is$4,300.00. www.ivsn.org