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Agenda Packet - CC - 2008.12.01
CITY 0 BURL INGAME tYco' qo $AAT[O�ur[O BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING AGENDA Monday, December 1, 2008 CLOSED SESSION: 6:40 p.m. - Conference Room A a. Litigation under Government Code§ 54956.9 - Huffinan vs. City of Burlingame 1. CALL TO ORDER—7:00 p.m.—Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. APPROVAL OF MINUTES—Regular Council Meeting of November 17, 2008 5. PRESENTATION a. Hotel Recycling Project by Carrie Castro, The Recycling Team b. Resolution honoring retiring City Clerk Doris Mortensen 6. PUBLIC HEARING a. Resolution approving 2009 Tourism Business Improvement District Assessments b. Adopt Ordinance authorizing Mail Ballot Elections c. Adopt Ordinance to correct the numbering of Ordinance No. 1830, Public Facilities Impact Fees 7. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 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. S. STAFF REPORTS AND COMMUNICATIONS a. Update and actions on Storm Drainage Fee - Update/Action (1) Staff Report from the Director of Public Works -Update on Ballot Measure (2) Staff Report from City Attorney -Adopt Resolution scheduling Tuesday, January 20, 2009, for Protest Hearing -Adopt Resolution authorizing procedures for Protest Hearing -Adopt Resolution designating projects to be funded by the Storm Drainage Fee -Introduce Ordinance to administer the Storm Drainage Fee b. Recommendation to confirm Mayor's Council assignments for 2009— Recommend c. Green Building Program— Discuss/Approve 9. APPROVAL OF CONSENT CALENDAR a. Resolution approving use of FY 2008-09 allocation of Proposition 1B Funds for the 2009 Street Resurfacing Program b. Approve Reclassification of Human Resources Specialist position c. Resolution approving Lions Club lease for 990 Burlingame Avenue d. Adopt Resolution authorizing an increase in parking violation funds e. Recommendation to adopt 2009 City Council Calendar f. Approve rotation list for offices of Mayor and Vice Mayor g. Resolution approving amendment to Master Records Schedule—pawn slips h. City Attorney appointment 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 11. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 12. OLD BUSINESS 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. 13. NEW BUSINESS a. Set Hearing Date for Planning Commission Appeal for 260 El Camino Real b. Discuss San Mateo Union High School District charges and facility fees and potential for joint meeting with District Board 14. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, November 6, 2008; Planning, November 10, 2008 b. Department Reports: Police, October 2008; Finance, October 2008 15. 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 CITY COUNCIL SPECIAL MEETING—WEDNESDAY, DECEMBER 3, 2008—CLOSED SESSION VIEW REGULAR COUNCIL MEETINGS ONLINE AT WWW.BURLINGAME.ORG—GO TO "CITY COUNCIL VIDEOS" 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. BUC�AME arae,newc'. BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of November 17, 2008 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 Rosalie M. O'Mahony called the meeting to order at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Supervisor Jerry Hill led the pledge of allegiance. CLOSED SESSION Interim CA Abrams advised that Council met in Closed Session and directed staff regarding the following and made a correction to the parcel number noted in Item c. which should read 029-231-060. a. Conference with Labor Negotiators, pursuant to Government Code § 54957.6 Employee Organization: Police Officers Association, Association of Police Administrators Negotiators: Deirdre Dolan, IEDA Glenn Berkheimer b. Appointment of City Attorney, pursuant to Government Code § 54957 C. Real Property Acquisition of Parcel No. 029-231-060, negotiations with Property Owner/Owner's Representative and City Representatives: Jim Nantell, Jesus Nava, Bill Meeker, pursuant to Government Code § 54956.8 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. APPROVAL OF MINUTES 1 Burlingame City Council November 17,2008 Unapproved Minutes A correction was made to the minutes of November 3, 2008, to remove the "e" at the end of Anne Le Clair's last name appearing in two places. Councilwoman Baylock made a motion to approve the amended minutes of the November 3, 2008 regular Council meeting; seconded by Vice Mayor Ann Keighran. The motion was approved unanimously by voice vote, 5-0. PRESENTATION a. Proclamation to Joe Putnam for a lifetime of community service Mayor O'Mahony recognized Joe Putnam as the premier Peninsula leader in the auto industry for more than forty years and acknowledged the immense contribution his automobile sales have made to Burlingame's bottom line. Mayor O'Mahony also commended Joe Putnam for his countless charitable causes in San Mateo County_ 5. PUBLIC COMMENTS Charles Voltz, 725 Vernon Way, spoke about the pedestrian/bicycle walkway at Broadway providing access to the Bayfront. 6. STAFF REPORTS AND COMMUNICATIONS a. State of the City Report CM Nantell discussed the Council's subcommittee reports on Civic Engagement and the idea of sending out two mailings to the community. The first one, which will go out this week, is on emergency preparedness; and the cost of the mailing would be $8,654 to be partially funded by grant money from the Shinnyo-En Foundation with the remainder being charged to the Council's budget. The second mailing would include a State of the City report and a list of City accomplishments for 2008; and CM Nantell explained the cost for the second mailing would be about $7,500. Mayor O'Mahony requested comments from the Council. Council Members commented on the timing of the mailings and the most cost effective way to inform the citizens. Councilwoman Nagel made a motion to defer the mailing of the list of accomplishments to the early part of next year to best inform the public about spending their money wisely and include it on the website; Vice Mayor Keighran seconded the motion. Mayor O'Mahony called for the roll call vote; motion failed 2-3 (Baylock, Deal and O'Mahony dissented). Councilwoman Baylock made a motion to approve the concept of sending to the community a Burlingame milestone statement; that it would reflect that these accomplishments took place during Mayor O'Mahony's term and that it would go out in January with the water bills along with another document called Burlingame Budget Scenario that would share the City Manager's view on the financial situation in the 2 Burlingame City Council November 17,2008 Unapproved Minutes community and a cover letter listing the soon to be current rotation of the Council subject to the final approval of the Council Members as to what is on the milestone list and reflecting 2008; seconded by Councilman Deal. Roll call vote 5-0, motion passed. 7. APPROVAL OF CONSENT CALENDAR a. RESOLUTION ACCEPTING RECREATION CENTER SIDEWALK AND MISCELLANEOUS RAMPS, CURB AND GUTTER PROJECT DPW Murtuza requested Council approve Resolution No. 97-2008 accepting improvements - Recreation Center sidewalk and miscellaneous ramps, curb and gutter project by Spencon Construction, Inc. b. RESOLUTION ACCEPTING CALIFORNIA DRIVE AND OAK GROVE AREA SEWER REHABILITATION PROJECT, PHASE 1 DPW Murtuza requested Council approve Resolution No. 98-2008 accepting improvements - California Drive and Oak Grove Avenue Area Sewer Rehabilitation Project, Phase 1 by K. J. Woods Construction, Inc. C. TENTATIVE AND FINAL PARCEL MAP FOR SUBDIVISION OF PARCEL 1 INTO PARCEL A AND PARCEL B, BLOCK 5, EAST MILLSDALE INDUSTRIAL PARK NO. 2 SUBDIVISION AT 845-855 STANTON ROAD DPW Murtuza recommended that Council concur with the Planning Commission action of October 27, 2008, and approve the proposed subdivision as tentative and final parcel map subject to the conditions listed in the Staff Report. d. CORRECT NUMBERING FOR ORDINANCE NO. 1830 PUBLIC FACILITIES IMPACT FEES Interim CA Abrams recommended that Council amend Ordinance No. 1830 by placing numbering of the sections in chronological order by tens which is the typical system. e. REAPPOINTMENT OF REPRESENTATIVE TO SAN MATEO COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES CM Nantell recommended that Council reappoint Dennis Preger as Burlingame's representative to the San Mateo County Mosquito and Vector Control District Board of Trustees for the term of January 1, 2009, through December 31, 2012. 3 Burlingame City Council November 17,2008 Unapproved Minutes L WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants #35927 - 36454 duly audited, in the amount of$2,189,719.42; Payroll checks #172795 - 173077 in the amount of$3,942,603.98 for the month of November 2008. Vice Mayor Keighran made a motion to approve the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5 - 0. 8. ACKNOWLEDGEMENTS a. Department Reports: Building, October, 2008 b. Letter from Allied Waste concerning garbage collection during Christmas and New Year weeks 9. CEREMONIAL a. Rotation of Council Officers Mayor O'Mahony introduced local dignitaries in attendance and noted the highlights of Council's accomplishments during the year and thanked City staff for all their dedication and expertise. Mayor O'Mahony explained the Rotation of Council Officers process and introduced incoming Mayor Ann Keighran. Mayor O'Mahony then turned the meeting over to Mayor Keighran who presented former Mayor O'Mahony with a gavel plaque. Mayor Keighran spoke on the importance of the coming year. 10. ADJOURNMENT Mayor Keighran adjourned the meeting at 8:06 p.m. Respectfully submitted, Mary Ellen Kearney Deputy City Clerk 4 Burlingame City Council November 17,2008 Unapproved Minutes a BURLINGAME C A L I F L A N 1 A I • RESOLUTION NO. 2008-100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME HONORING DORIS MORTENSEN ON HER RETIREMENT IN DECEMBER 2008 AND FOR HER 22 YEARS OF SERVICE TO THE CITIZENS OF BURLINGAME; DESIGNATING DECEMBER 12, 2008, 4 AS DORIS MORTENSEN DAY IN BURLINGAME II' RESOLVED b the Cit Council of the Cit of Burlingame that: � Y Y Y 9 WHEREAS, Doris Mortensen was first hired by the Burlingame Public Works Department on July 7, 1986, and served with competence and distinction for 18 years; and WHEREAS, in September 2004 the City Council recognized Doris' abilities and appointed her to fill the remaining one year of the elected City Clerk's term of office; Doris then ran for election the following November 2005 and was honored with victory by the citizens of Burlingame; and WHEREAS, Doris has always shown an extraordinary capability in her work and loyalty to the public, the City Council, and her co-workers, along with an infectious enthusiasm for her job and for the City of Burlingame; and WHEREAS, those who have had the pleasure of working with Doris immediately recognize in her a special sense of humor and joy, tinged with a feisty, endearing spunkiness; and f; WHEREAS, beginning December 12, 2008, she will be sorely missed by all of us who nevertheless wish her the best retirement,-filled with travel, good food, and other fun activities; `1 NOW, THEREFORE, this City Council by unanimous vote honors DORIS MORTENSEN on her retirement in December 2008 and for her 22 years of service to the citizens of Burlingame and hereby designates December 12, 2008, as Doris Mortensen Day in Burlingame. I Mayor Keig an Vice Mayor Baylock I' Coul#member Deal Councilmember 0, o y Councilm tuber el �I CITY O BURLINGAME STAFF REPORT 0 L AGENDA 6a q A Jj DARTED JUNE6 ITEM+F MTG. DATE 12/1/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: November 26, 2008 BY FROM: Roy C. Abrams, Interim City Attorney APPROVED') By SUBJECT: Resolution Approving 2009 Tourism Business Improvement District Assessments RECOMMENDATION: Adopt Resolution approving assessments for 2009. BACKGROUND: The San Mateo County Tourism Business Improvement District was formed in 2001 and now has 11 participating cities. The District uses annual assessments of its member hotels to funds its successful and wide-ranging activities. The annual report of the Advisory Board of the District has been provided to the City stating this past year's activities and accomplishments and the Board is recommending the 2009 assessments. The City Council previously adopted a Resolution of Intention scheduling a public hearing for Monday, December 1, 2008. Notices to the cities and members of the District were provided by the City Clerk and the District staff. The assessments requested by the District are consistent with the original authority for assessments enacted in 2001 at the time of District formation. The District Board does request an modest increase for the few large full-service hotels in Zone A; District staff will explain the change at the hearing. BUDGET IMPACT: None ATTACHMENTS: Resolution Approving Assessments for 2009 and Exhibits. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING AND LEVYING YEAR 2009 ASSESSMENTS FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT AND APPROVING DISTRICT PROGRAMS AND ACTIVITIES FOR THE YEAR 2009 RESOLVED, by the CITY COUNCIL of the CITY OF BURLINGAME: WHEREAS,pursuant to California Streets and Highways Code Section 36500 et seq., the San Mateo County Tourism Business Improvement District has been established for the purpose of promoting tourism in the District; and WHEREAS,the District Advisory Board has requested the Burlingame City Council to establish Year 2009 assessments for the District; and WHEREAS, on November 5, 2008, the City Council adopted a resolution of intention declaring its intention to impose assessments for the Year 2009 within the assessment District, and setting a public hearings on the proposed assessments; and WHEREAS, notices were provided as required by law; and WHEREAS,pursuant to the Streets & Highways Code, a public hearing on the proposed assessments was duly noticed for December 1, 2008, at 7:00 p.m. before the City Council of the City of Burlingame, at the Council Chambers at 501 Primrose Road, Burlingame; and WHEREAS, at the public hearing held at that place and time, the City Council received and considered all oral and written testimony from all interested persons; and WHEREAS, the City did not receive a majority protest pursuant to the Streets& Highways Code as to the assessments or to any program or activity proposed for the District; and WHEREAS,the proposed assessments appear reasonable and consistent with the ordinance establishing the District and the underlying State law, and the assessment basis is within the basis established in Ordinance No. 1648 as amended; and WHEREAS,the proposed services, programs, and activities of the District are consistent with the ordinance establishing the District; and NOW,THEREFORE,the City of Burlingame does hereby resolve, determine, and find as follows: 1 1. Written protests to assessments, improvements or activities were not received at those public hearings that constituted a majority as defined in Government Code sections 36500 and following. 2. The City Council does hereby levy an assessment for the Year 2009 on hotels in the District as described in City of Burlingame Ordinance Nos. 1648, 1678, and 1774 and to pay for services, programs, and activities of the District. 3. The types of services, programs, and activities to be funded by the levy of assessments on businesses in the District are set forth in Exhibit"A", incorporated herein by reference. 4. The basis for assessments for the Year 2009 on all hotels within the District are set forth in Exhibit`B", incorporated herein by reference. 5. The assessments for the Year 2009 on hotels within the District are set forth in Exhibit "C", incorporated by reference. 6. New businesses shall not be exempt from assessment. MAYOR I, Doris Mortensen, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council on the 1 st day of December, 2008, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 2004 Assessment Resolution EXHIBIT A San Mateo County Tourism Business Improvement District/San Mateo County Convention& Visitors Bureau Planned Activities for 2009 For the calendar year 2009, the Bureau plans to continue all of its normal activities, including but not limited to: *Exhibiting in trade shows (currently 48 are planned for 2009); *Conducting multiple group fam tours for meeting planners; *Conducting individual fam and site tours for planners; *Conducting several fam tours for international travel agents from overseas; *Conducting group fam tour for members of the travel media from around the U.S.; *Conducting individual fam tours for travel media; *Advertising in meeting planner publications; *Advertising in leisure publications; *Creating updated visitor guides, maps and specialty brochures; *Actively recruiting filming through our film commission. In addition, the Bureau will reach out into additional international markets, via such shows as World Travel Market and additional shows recommended by the California Travel and Tourism Commission. We will also conduct our first fam for meeting planners for western associations. CATEGORY ZONE A-ASSESSMENT FOR YEAR 2009 ZONE B-ASSESSMENT FOR YEAR 2009 Hotel with full service $360 per sleeping room x 68%X(District months in 2009) $360 per sleeping room X 55%X(District months in 2009) and more than 20 sleeping 12 12 rooms Hotel with limited service $180 per sleeping room X 60%X(District months in 2009) $180 per sleeping room X 40%X(District months in 2009) and more than 1,000 square 12 12 feet of meeting space and more than 20 sleeping rooms Hotel with limited service $90 per sleeping room X 60%X(District months in 2009) $90 per sleeping room X 40%X(District months in 2009) and some meeting space 12 12 but less than 1,000 square feet and more than 20 sleeping rooms Hotel with standard service $54 per sleeping room X 60%X(District months in 2009) $54 per sleeping room X 40%X(District months in 2009) T1� and more than 20 sleeping 12 12 )C. rooms Hotel with full service, $54 per sleeping room X 30%X(District months in 2009) $54 per sleeping room X 25%X(District months in 2009) limited service,or standard 12 12 UG. service,and 20 sleeping rooms or less ZONE A-Includes all cities in the District except Half Moon Bay and the unincorporated County. ZONE B-Includes Half Moon Bay and the unincorporated County. to SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT CALCULATIONS --- YEAR 2009 Burlingame Name of Property Zone Category/Assessment # Rooms ANNUAL Assessment Monthly Assessment Bay Landing A $ 54.00 130 $ 4,212.00 $ 351 .00 Burlingame Hotel _ A $ _ 54.00 38 $ 1 ,231.20 $ 102.60 Crowne Plaza SFO A $ 360.00 309 $ 75,643.20 $ 6,303.60 Doubletree Hotel A $ 360.00 388 $ 94,982.40 $ 7,915.20 Embassy Suites A $ 360.00 340 $ 83,232.00 $ 6,936.00 Hampton Inn & Suites A $ 54.00 77 $ 2,494.80 $ 207.90 Hilton Garden Inn A $ _ 180.00 132 $ 14,256.00 $ 1,188.00 Holiday Inn Express SFO South A $ 90.00 146 $__ 7,884.00 $ 657.00 Hyatt Regency SFO A $ 360.00 789 $ 193,147.20 $ 16,095.60 Red Roof Inn A $ 54.00 213 $ 6,901.20 $ 575.10 SFO Marriott A $ 360.00 685 $ 167,688.00 $ 13,974.00 Sheraton Gateway A $ 360.00 402 $ 98,409.60 $ 8,200.80 - - --- - - 2_4.. Vagabond Inn Executive A $ - - _ - _ 54.00 90 $ 2,916.00 $ 3.00 Room Total 3739 - -- -----' - Total: $ 752,997.60 _J\ . SKr u...:. '. ., '.• .i, � San Mateo Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmen- Monthly Assessmen Avalon Motel A $ 54.00 48 $ 1,555.20 $ 129.60 Ben Franklin Hotel IA $ _360.00 _ 92 $ _ 22,521 .60 $ 1,876.80 Best Western Coyote Point Inn A $ 54.00 99 $ 3,207.60 $ 267.30 Best Western Los Prados Inn__ A $ --------90.00 113 $ 6,102.00 $ 508.50 Comfort Inn A $ 54.00 110 $ 3,564.00 $ 297.00 Coxhead House B&B A $ 54.00 4 $ 64.80 $ 5.40 Firestone Lodge A $ 54.00 46 $ 1,490.40 $ 124.20 iGrand Manor_ Airport Inn & Suites A $ 180.00 110' $ 11,880.00 $ 990.00 Hillsdale Inn A $ 54.00 90 $ 2,916.00 $ 243.00 Hilton Garden Inn A $ 180.00 156 $ 16,848.00 $ 1 ,404.00 Homestead Studio Suites A $ 54.00 136 $ 4,406.40 $ 367.20 Howard Johnson A $ 54.00 57 $ 1 ,846.80 $ 153.90 Residence Inn by Marriott A $ 54.00 160 $ 5,184.00 $ 432.00 San Mateo Marriott A $ 360.00 476 $ 116,524.80 $ 9,710.40 Super 8 A $ 54.00 53 $ 1 ,717.20 $ 143.10 Room Total 1750 Total: $ 199,828.80 1 of 5 11/18/2008 SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT CALCULATIONS ---YEAR 2009 f South San Francisco Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmerr Monthly Ass_es_smen Airport Inn IA $ 54.00 34 -$__ 1,101.60 $ 91.80 Americana Inn Motel JA $ 54.00 _ 17 $ 275.40 $ 22.95 Best Western Grosvenor Hotel A $ 360.00 206 $ 50,428.80 $ 4,202.40 Comfort Suites SFO A $ 54.00 166 $ 5,378.40 $ 448.20 _ Courtyard by Marriott A $ 180.00 197 $ 21,276.00 $ 1,773.00 Days Inn A $ 54.00 25 $ 810.00 $ 67.50 Deluxe Inn A $ 54.00 20 $ 324.00 $ _ 27.00 Economy Inn A $ 54.00 21 $ 680.40 $ 56.70 Embassy Suites A $ _ 360.00 312 $ _ 76,377.60 $ 6,364.80 Four Points by Sheraton Hotel &Suites A $ 90.00 100 $ 5,400.00 $ 450.00 Good Nite Inn A $ 180.00 175 $ 20,475.00 $ 1,706.25 Hallmark Hopse Hotel A $ 54.00 13 $ 210.60 $ 17.55 Hampton Inn A $ 54.00 100 $ 3,240.00 1 $ 270.00 Hilton Garden Inn A $ 180.00 169 $ 18,252.00 $ 1,521.00 Holiday Inn Express Hotel & Suites A_ $ 54.00 87 $ 2,818.80 $ 234.90 Holiday Inn SFO North A $ _ 360.00 224 $ 54,835.20 $ 4,569.60 Howard Johnson A $ 54.00 51 $ 1,652.40 $ 137.70 Inn at Oyster Point A $ 90.00 30 $ _ 1,620.00 $ 135.00 La Quinta Inn A $ 90.00 174 $ 9,396.00 $ 783.00 Larkspur Landing A $ 90.00 111 $ 5,994.00 $ 499.50 Motel A $ 54.00 117 $ 3,790.80 $ 315.90 Quality Inn &Suites A $ 54.00 45 $ 1,458.00 $ 121.50 Ramada Limited Suites A $ 54.00 45 $ 1,458.00 $ 121.50 Residence Inn by Marriott - _ A $ 90.00 152 $ _8,208.00 $ 684.00 Royal Inn A $ 54.00 17 $ 275.40 $ 22.95 Travelodge SFO North � $ 54.00 199 $ 324.60 $ 27.00 Travelers Inn A $ 54.00 20 _- $- 6,447.60 $ 537.30 - - -- Room Total 2827 - -- Total $ 302,508.00 Millbrae Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmen- Monthly Assessmen Best Western EI Rancho Inn A $ 54.00 306 $ 9,914.40 $ 826.20 Clarion Hotel A $ 360.00 250 $ 61,200.00 $ 5,100.00 Comfort-Inn SFO A $ 54.00 100 $ 3,240.00 $ 270.00 Millwood Inn & Suites A $ 54.00 34 $ 1,101.60 $ 91.80 Quality Suites A $ 90.00 80 $ 4,320.00 $ 360.00 SF Airport South Travelodge A $ 54.00 58 $ 1,879.20 $ 156.60 The Westin S.F. Airport A $ 360.00 390 $ 95,472.00 $ 7,956.00 Room Total 1218 Total: $ 177,127.20 2 of 5 11/18/2008 SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT CALCULATIONS ---YEAR 2009 Foster City 'Name of Property Zone Category/Assessment #Rooms ANNUAL Assessmen- Monthly Assessmen Crowne Plaza Mid-Peninsula A $ 360.00 356 $ 87,148.80 $ 7,262.40 Courtyard by Marriott A $ 180.00 1471 $ 15,876.00 $ 1,323.00 Room Total 503 Total 103,024.80 Half Moon Bay Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmen, Monthly Assessmen Beach House Hotel B $ 180.00 54 $ 3,888.00 $ _ 324.00 Best Western Half Moon Bay Lodge B $ 180.00 81 $ 5,832.00 $ 486.00 - -- -- --- Cameron's Inn B $ 54.00 f 3 $ _ 40.50 $ _ 3.38 Comfort Inn B $ _ 90.00 54 $ 1,944.00 $ 162.00 Days Inn B $ 54.00 27I $ 583.20 $ 48.60 Half Moon Bay Inn B $ 54.00 14 $ 189.00 $ 15.75 Holiday Inn Express B $ 54.00 52 $ 1,123.20 $ 93.60 Mill Rose Inn B $ 54.00 6 $ 81.00 $ 6.75 Old Thyme Inn Bed & Breakfast B $ 54.00 7 $ 94.50 $ 7.88 The Ritz Carlton B $ 360.00 261 $ 51,678.00 $ 4,306.50 _ San Benito House B_ $ 54.00 12 $ 162.00 $ 13.50 Zaballa House Bed & Breakfast B $ 54.00 23 $ 496.80 $ 41.40 Room Total 594 - - - - - Total: $ 66,112.20 Unincorporated County Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmer4r Monthly Assessmen Atherton Inn A $ 54.00 i 5 $ 81.00 $ 6.75 -- Best Western Executive Suites A $ - 54.00 29 $ 939.60 $ 78.30 - Costanoa B $ 90.00 172 $ 6,192.00 $ 516.00 Cypress Inn on Miramar Beach B $ 54.00 18 $ 243.00 $ 20.25 Cypress Meadows B $ 54.00 2 $ 27.00 $ 2.25 Farallone Inn Bed & Breakfast B $ 54.00 9 $ 121.50 $ 10.13 Goose &Turrets _Bed_& Breakfast B $ _ 54.00 5 $ 67.50 $ 5.63 Harbor House B $ 54.00 6 $ 81.00 $ 6.75 Harbor View Inn B $ 54.00 18 $ 243.00 $ 20.25 Landis Shores Oceanfront Inn B $ 54.00 8 $ 108.00 $ 9.00 Motorville Motel B $ 54.00 30 $ 648.00 $ 54.00 Oceano Hotel & Spa B $ 360.00 95 $ 18,810.00 $ 1,567.50 Pacific Victorian Bed & Breakfast _ B $ 54.00 3 $ 40.50 $ 3.38 Pescadero Creek Inn B $ 54.00 4 $ 54.00 $ 4.50 3 of 5 11/18/2008 SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT CALCULATIONS ---YEAR 2009 Pescadero Creekside Barn B $ 54.00 1 $ 13.50 $ 1.13 ---- -- Pillar Point Inn B $ 54.00 11 $ 148.50 1 $ 12.38 Princess Port Bed & Breakfast B $ 54.00 4 $ 54.00 $ 4.50 Rose SealCovCottaInn ge by the Beach B - $ - 54.00 10 $ 135.00 $ 11.25 i Stillheart B $ - 0 $ - $ - The Tower _ B $ 54.00 1 $ 13.50 $ 1.13 Ziranjie B 1 $ 54.00 1 $ 13.50 $ 1.13 Room Total 433 u Total N 28 7.60IN Of Redwood City Name of Property Zone Category/Assessment #Rooms ANNUAL Assessmen, Monthly Assessmen America's Best Inn A $ 54.00 38-$ 1,231.20 $ 102.60 Best Western InnA $ 54.00 26 $ 842.40 $ 70.20 Budget Inn -- - A $ 54.00 40 $ - 1,296.00 $ - 108.00 Capri MotelA $ 54.00 50 $ 1,620.00 $ 135.00 Comfort Inn A $ 54.00 52 $ 1,684.80 $ 140.40 Days Inn A $ 54.00 68 $ 2,203.20 $ 183.60 --- - - - - Deluxe Inn A $ 54.00 27 $ 874.80 $ 72.90 Garden Motel A $ 54.00 17 $ 275.40 $ 22.95 Good Nite Inn A $ 54.00 123 $ - 3,985.20 $ 332.10 ;Holiday Inn Express A $ 54.00 38 $ 1,231.20 $ 102.60 !Holiday Inn Express RWC Central A $ 54.00 61 $ 11976.40 $ 164.70 !Pacific Euro Hotel A $ 54.00 55 $ 1,782.00 $ 148.50 Pacific Inn A $ 54.00 75 $ 2,430.00 $ 202.50 Redwood Motor Court A $ 54.00 12 $ 194.401 $ 16.20 Sequoia Inn_ A $ 54.00 22 $ 712.80 $ 59.40 Sofitel San Francisco Bay A $ 360.00-� 419 $ 102,571.20 $ 8,547.60 Towne Place Suites by Marriott A $ 54.00 95 $ 3,078.00 $ 256.50 Room Total 1218 Total: $ 127,989.00 San Bruno Name of Property ZonelCategory/Assessment # Rooms ANNUAL Assessmen, Monthly Assessmen Bayhill Inn - 'A $ 54.00 24 $ 777.60 $ 64.80 Budget Motel A $ 54.00 t 29 $ 939.60 $ 78.30 Comfort Inn & Suites A $ 54.00 29 $ 939.60 $ 78.30 Courtyard by Marriott A $ 180.00 147 $ 15,876.00 $ 1,323.00 Days Inn A $ 54.00 48 $ 1,555.20 $ 129.60 Gateway Inn & Suites A $ 54.00 31 $ 1,004.40 $ 83.70 4 of 5 11/18/2008 SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT CALCULATIONS ---YEAR 2009 Howard Johnson A $ 54.00 49 $ 1,587.60 $ 132.30 ---- -- .._.__....----- Ramada Limited A $ 54.00 _61 $ _1,976.40 $ 164.70 Regency Inn A $ 54.00 32 $ 1,036.80 $ 86.40 Ritz Inn A $ 54.00 23 $ 745.20 $ 62.10 Staybridge Suites SFO A $ 180.00 95 $ 10,260.00 $ 855.00 Super 8 A $ 54.00 54 $ 1,749.60 $ 145.80 Villa Montes Hotel A $ 90.00 41 $ 2,214.00 $ 184.50 Room_ Total 622 - -- iTotal: 1 $ 38,448.00 1�ay�rtif„ '3' �W 91 ... Belmont Name of Property Zone Category/Assessment #Room_ s ANNUAL Assessmen, Monthly Assessmen Bel Mateo Motel - A $ 54.00 23 $ 745.20 $ _ 62.10 Belmont Palms A $ 54.00 14 $ 226.80 $ 18.90 ExtendedStay America A $ 54.00 108 $ 1,749.60 $ 145.80 ----- ---� g - ----- - - da Inn Ex ress&Suites A $ 90.00 82 $ 4,428.00 $ 62.10 Hol -_ Y p $ 369.00 Hyatt Summerfield Suites A $ _ 90.00 132 $ 7,128.00 $ 594.00 Kingsway Motel A $M54.00 16 $ 259.20 $ 21.60 otel 6 --- A $ - --- 54.00 - 273 $ - -8,845.20 $ 737.10 Room Total 671 Total: $ 24,127.20 f � 3 San Carlos Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmen- Monthly Assessmen Americas Best Value Inn A $_ 54.00 32 $ 1,036.80 $ 86.40 _Country Inn &Suites A $ 54.00 50 $ 1,620.00 $ 135.00 Fairfield Inn &Suites A $ 54.00 112 $ 3,628.80 $ 302.40 Homestead Studio Suites A $ 90.00 116 $ 6,264.00 $ 522.00 Hotel San Carlos A $ 54.00 29 $ 939.60 $ 78.30 San Carlos Inn �A $ 54.00 10 $ 324.00 $ 27.00 Travel Inn - $ 54.00 29 $ 939.60 $ 78.30 Room Total 378 Total: $ 14,752.80 East Palo Alto Name of Property Zone Category/Assessment # Rooms ANNUAL Assessmen p yI Monthly Assessmen Four Seasons Silicon Valle IA $ 360.00 200 $ 48,960.00 $ 4,080.00 5 of 5 11/18/2008 CITY G eurtuNGAME STAFF REPORT �� 90 AGENDA ITEM# 6b MTG. DATE 12/1/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED 4 DATE: November 26, 2008 BY K C ` FROM: Roy C. Abrams, Interim City Attorney APPROVE By �'/lL SUBJECT: Ordinance Authorizing Mailed Ballot Elections RECOMMENDATION: It is recommended that the City Council adopt the ordinance to establish mailed ballot elections,waive the reading and ask the City Clerk to read the title. BACKGROUND: At its November 3, 2008 meeting the City Council introduced an ordinance that authorizes the use of mailed ballot elections. It is a general ordinance that applies to all fees and charges for which an election is required and it will authorize an election for the storm drainage fee if the City Council moves forward to place the measure before the voters. BUDGET IMPACT: None ATTACHMENTS: Ordinance cc: City Manager ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 2.24 TO THE BURLINGAME MUNICIPAL CODE TO AUTHORIZE THE USE OF MAILED BALLOTS FOR ELECTIONS REQUIRED BY PROPOSITION 218 FOR FEES, CHARGES,AND ASSESSMENTS The CITY COUNCIL of the CITY OF BURLINGAME ordains as follows: Section 1. The use of mailed ballots for elections is authorized by Proposition 218 and the California Elections Code for fees, charges, and assessments upon approval by the City Council. The City Council wishes to use mailed ballots when it determines that an election is best held by use of mailed ballots. Section 2. Chapter 2.24 is added to read as follows: Chapter 2.24 MAILED BALLOT ELECTIONS Sections: 2.24.010 Use of Mailed Ballots for Elections. 2.24.010 Use of Mailed Ballots for Elections. The City Council may approve the use of mailed ballots for elections that are authorized to use mailed ballots, including but not limited to elections under Proposition 218 for fees, charges, and assessments. The City Council may adopt procedures for a mailed ballot election. The City Council approves of the use of elections Code Section 9290 that allows one copy of official matter to be mailed to a postal address where two or more registered voters have the same surname and same address. Section 3. This ordinance shall be published as required by law and shall take effect thirty days after its adoption. Mayor I, DORIS MORTENSEN, 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 3rd day of November, 2008, and adopted thereafter at a regular meeting of the City Council held on the ls`day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk CITY 0 BURLINGAME STAFF REPORT AGENDA aq �AATEO JUNE6 ITEM#{{YY 6c MTG. 12/1/08 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: November 26, 2008 BY Wk FROM: Roy C. Abrams, Interim City Attorney APPROVED By 4 SUBJECT: Correct Numbering for Ordinance No. 1830 Public facilities Impact Fees RECOMMENDATION: It is recommended that the City Council adopt the ordinance, waive full reading, and ask the City Clerk to read the title. BACKGROUND: The City Council introduced Ordinance No. 1830 establishing Public Facilities Impact on Fees on August 18, 2008 and adopted it on September 2, 2008. The ordinance inadvertently failed to follow the normal chronological numbering system. It showed an order, for example, of 25.80.070, 25.80.075, 25.80.045, 25.80.041, 25.80.042, 25.80.045, 25.80.080. This amendment places numbering of the sections in chronological order by tens which is the typical system. BUDGET IMPACT: None ATTACHMENTS: Ordinance cc: City Manager ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME CORRECTING THE NUMBERING OF ORDINANCE NO. 1830 REGARDING PUBLIC FACILITIES IMPACT FEES The CITY COUNCIL of the CITY OF BURLINGAME ordains as follows: Section 1. The numbering used in ordinance No. is not chronologically accurate and needs to be corrected. No other changes are made to the ordinance. Section 2. The numbering in Ordinance No. is amended to read: Sections: 25.80.010 Definitions. 25.80.020 Collection of Public Facilities Fees. 25.80.030 Conditions for Collection. 25.80.040 Deposit Of Fees. 25.80.050 Computation of Fee. 25.80.060 Natural Disaster Fee Exemption. 25.80.070 Exemption for Existing Buildings and Uses. 25.80.080 Fee Payment. 25.80.090 In-Lieu Construction or Provision of Facilities or Equipment. 25.80.100 Use of Funds. 25.80.110 Conditions for Reimbursement. 25.80.120 Capital Improvement Plan. 25.80.130 Procedure for Adoption of Fees. 25.80.140 Fee Adjustments or Waiver. Section 2. The reference to 25.80.100 in subsection (b) of Section 25.80.041 In-Lieu Construction or Provision of Facilities or Equipment is amended to read 25.80.140. Section 3. This ordinance shall be published as required by law and shall take effect thirty days after its adoption. Mayor I, DORIS MORTENSEN, 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 17th day of November, 2008, and adopted thereafter at a regular meeting of the City Council held on the 1 st day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk Agenda Item 8 a (1) Meeting BURLINGAME STAFF REPORT Date: December 1St, 2008 SUBMITTED 134Z::;��e'� APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: NOVEMBER 20, 2008 FROM: PUBLIC WORKS SUBJECT: STORM DRAINAGE BALLOT MEASURE OVERVIEW AND UPDATE PURPOSE: The purpose of this report is to provide the Council with a progress update and an overview of next steps regarding the Storm Drainage Measure. BACKGROUND: In May 2008, Council authorized Willdan Financial Services to perform phase I work for the storm drainage fee measure. The phase I efforts included an engineering study to determine the fee for each parcel based on its contribution of storm water runoff to the City storm drain system and public opinion polls to determine community support for a potential ballot measure. The phase I preliminary study results indicated that a R1 zoned single family residential parcel would pay an estimated median fee of $192 per year. The public opinion poll results showed that there is 54% support in the community for a potential ballot measure with a 5% +/- margin of error. A simple majority is required to pass the measure. Based on the poll results, Council directed staff to proceed with phase II efforts of the program which included completion of Engineer's Report on the storm drainage fee, community education program and procedures for public hearing and ballot management. Further, the Council placed high emphasis on working closely with the community members to obtain input in developing the overall program. DISCUSSION: Following is an update of the phase II program efforts: • Engineer's Report: Willdan Financial Services has completed the draft Engineer's report which includes the impervious area study, methodology and basis for calculating the storm drainage fee for each affected parcel within the City. In the light of current economic conditions; staff studied the feasibility of reducing the fee to make it more affordable while accomplishing the program needs. Staff worked with Council members and sub-committee as well as De La Rosa & Co., a bond consulting firm to evaluate alternate bond issuance methods to lower the storm drainage fee. As a result, the proposed storm drainage fee is reduced by 21% for all parcels in the City. The fee for a typical 6,000 square foot single family parcel with R1 zoning is now reduced from $192 to $150 per year. It is important to note that each parcel's fee will be specific and based on its contribution of storm water runoff to the storm drain system. The reduced fee is based on the assumption that bonds will be required to be issued in multiple series while allowing substantial portion of the capital improvements program to be completed in a 10 year period. The Engineer's Report is updated to reflect the lower fee for all affected parcels within the City and is filed with the City Clerk. • Capital Improvements Program funded by the proposed storm drainage fee: Based on the condition assessment of the storm drainage system and feedback received from the community and the citizen's group, staff has developed a$39 million capital improvements program as follows: 1. Easton Creek—Marsten Pump Station addition and outfall pipeline 2. Burlingame Creek bypass pipeline 3. Ralston Creek bypass pipeline 4. Terrace Creek/Laguna Avenue area storm drainage improvements 5. Mills Creek widening and embankment improvements 6. Bay front improvements including EI Portal,Trousdale and Gilbreth Creek rehabilitation 7. New Rollins Road pump station,debris basin and pipeline project 8. Citywide storm drainage and water quality improvements(replacement of failed metal pipelines,curb,gutter and catch basin improvements) 9. Rehabilitation of deteriorated bridge and culvert structures and 10.Upgrading of existing storm drainage pump stations Please refer to the attachments for detailed description of each of the above projects lists and map. • Community Education Program: Staff has continued to meet with the citizen's group on a regular basis to obtain their input in the development of the ballot measure as well as educating the community.The citizen's group includes concerned residents and representatives from both Broadway improvement district as well as Burlingame Avenue. Following efforts have been undertaken to educate the community: Sent letters to community leaders. Sent education mailers to the property owners. Posted information on Website with frequently asked questions. Developed a website based feedback form efficiently communicate with property owners and receive feedback regarding the Measure. Established a dedicated storm drain hotline(650)558-7244. Published information in the Chamber of Commerce and Downtown Burlingame Avenue Business Association newsletters. Provided Public Speaker's bureau training to the citizen's group. Made presentation to the First Presbyterian church. Coordinating and arranging to make presentations to several community organizations including Chamber of Commerce,Rotary Club, Lions Club, Realtors Board,Woman's Club and residential neighborhoods. Community members are working to form a voluntary campaign committee to educate the property owners regarding the storm drainage needs. In addition, staff received written feedback from over 200 property owners regarding the storm drainage program and priorities. Among the respondents, there is 2 to 1 support for the storm drainage improvements. Those who didn't appear to support the program indicated that they are already paying too much in other fee/expenses and stated that timing is not right. Staff believes that Council's continued leadership and unanimous support is key for the successful outcome of this effort. Procedures for Public Hearing Ballot management: The City Attorney has performed extensive research and in consultation with legal experts developed the procedures for noticing the property owners, public hearing and ballot management which are included in a separate staff report for Council approval. Following are the next steps in the storm drainage fee process: - Mailing of public notices: Notices will be mailed out to the property owners by December 5s' informing them of a storm drainage fee public hearing to be held on January 20, 2009. The notice will explain the fee and the protest procedures. - Public Hearing: On January 20, 2009, the Council will receive staff's presentation and hear any protest from the property owners regarding the proposed fee prior to approving the Engineer's Report. Based on the results of the public hearing, the Council may take action to call for mail ballot elections to be held on May 5, 2009. The Council would also need to approve the procedures for conducting mail-ballot elections, ballot language and ordinances to administer the storm drainage fee program. In the event of a majority protest, the Council may not proceed with the ballot measure. - Ballot Management: After Council's decision to call for mail-ballot election, staff will proceed with preparation of ballot, impartial analysis by the City Attorney and other required legal documents. The ballots will be mailed out to the property owners by the 1s` week of April 2009. The last day to receive the ballot will be no later than 5:00 p.m. on May 5`h, 2009. The election provides one vote per parcel and simple majority to pass the storm drainage fee. It is important to note that the above actions do not bind the Council to hold the elections as stated. Staff plans to conduct a tracking poll to test public support for the measure prior to mailing the ballots. If the tracking poll results indicate inadequate support for the measure, the Council may call the elections off. However, it is critical that Council take these actions as stated in order to hold the election on May 5" , 2009. BUDGET IMPACT: None EXHIBITS: Engineer's Report Summary; & storm drainage capital Improvements projects list with map. ENGINEERS REPORT FOR THE CITY OF BURLINGAME STORM DRAINAGE FEE Prepared For: The City of Burlingame 501 Primrose Road Burlingame, California 94010 Prepared By: WILLDAN Engineering 2401 East Katella Avenue, Suite 450 Anaheim, California 92806 (714) 978-8200, fax (714) 978-8299 November 2008 Storm Drainage Fee Engineers Report City of Burlingame TABLE OF CONTENTS Engineer's Statement.................................................................................4 SECTION 1 -Introduction and Background...................................................................... 6 Section 1.1 Basis of Drainage Fee..................................................................................6 SECTION 2—Impervious Surface and Factors..................................................................9 SECTION 3 -Parcel Inventory and Zoning Acreages...................................................... I 1 SECTION 3.1 —Common Area Parcels ....................................................................... 12 SECTION 4—Revenue Requirements&Fee Calculations.............................................. 13 SECTION 4.1 —Revenue Requirements ...................................................................... 13 SECTION 4.2—Annuity Calculations.......................................................................... 14 SECTION4.3 —Median Fee......................................................................................... 15 SECTION 4.3 —Storm Drainage Fee Calculations ...................................................... 16 SECTION 5 -Appeal Process........................................................................................... 17 SECTION 6—Proposition 218 Compliance..................................................................... 18 EXHIBITS ........................................................................................................................ 19 EXHIBIT A: Zoning Map EXHIBIT B: Impervious Analysis Maps EXHIBIT C: Storm Drain Improvement Report Summary EXHIBIT D: Storm Drain User Fee Bonding Analysis APPENDICES Appendix A: Resolution of Intent Appendix B: Fee Calculations All Parcels List Condominium List Appendix C: Certificates 5 ILLDAN I 2 Engineering Storm Drainage Fee Engineers Report City of Burlingame PRELIMINARY ENGINEER'S REPORT FOR THE CITY OF BURLINGAME STORM DRAINAGE FEE 3 WILLDAN Engineering Storm Draina e Fee En ineers Report City of Burlingame AGENCY: CITY OF BURLINGAME PROJECT: STORM DRAINAGE FEE TO: CITY COUNCIL OF THE CITY OF BURLINGAME ENGINEER'S REPORT FOR THE CITY OF BURLINGAME STORM DRAINAGE FEE The provisions of Proposition 218 (Articles XIII C and XIII D of the California Constitution) requires the City to comply with the substantive and procedural requirements set forth in Section 6 of Article XIII D of the California Constitution prior to imposing or increasing a fee or charge upon any parcel of property or upon any person as an incident of property ownership. Article XIII D requires the City to notice the record owner of the parcel upon which the fee or charge is proposed to be imposed. Article XIII D and the Proposition 218 Implementation Act, Government Code Sections 53750 and following, establish certain procedural and substantive requirements but do not set forth all procedures that are necessary to conduct a protest hearing; and the City wishes to adopt certain procedures for the protest hearing and to make them available to the public; and in accordance with the Resolution of Intention, being Resolution No. , adopted by the City Council of the City of Burlingame, San Mateo County, State of California, in connection with the proceedings for Storm Drainage Fee, a copy of said Resolution attached hereto as Appendix "A". I, Kenneth C. Taylor, P. E., authorized representative of Willdan Engineering, the appointed Engineer, submit herewith the Engineer's Report for the Storm Drainage Fee consisting of six (6) parts, with exhibits and appendices as follows: SECTION 1 Introduction and Background: Provides general information and background of the existing storm drain system and the basis of the drainage fee and rate structure. SECTION 2 Impervious Surface and Factors: Defines impervious surface and identifies the impervious factors used for each zoning category in the City of Burlingame. SECTION 3 Parcel Inventory and Zoning Acreages: Identifies total area and acreages of the parcels in the City and the impervious area of the City. Identifies the total condominium count within the City. SECTION 4 -Revenue Requirements: Identifies the revenue requirements to design and construct the required storm drain improvements within 4 WILLDAN Engineering Storm Drainage Fee Engineers Report City of Burlingame the City and estimated fee requirements that will be distributed to the parcels within the City. This section also explains how the storm drainage fee is calculated and lists the median fee for each zoning category. SECTION 5 -Appeal Process: Outlines the appeal process, should a property owner contest the storm drainage fee applied to their property. SECTION 6 -Proposition 218 Compliance: General description of Proposition 218 process. APPENDICES A. The Resolution of Intention is marked Appendix "A", which is attached hereto, referenced, and so incorporated. B. The Fee Calculations set forth in Appendix "B", which is attached hereto, referenced, and so incorporated. C. The Certificates are marked as Appendix "C", which is attached hereto, referenced, and so incorporated. Dated this 20th day of November, 2008 Respectfully submitted, WILLDAN ENGINEERING KENNETH C. TAYLOR, P. NO. 56185 CIVIL ENGINEER STORM DRAIN USER FEE CITY OF BURLINGAME COUNTY OF SAN MATEO STATE OF CALIFORNIA 5 *"WILLDAN Engineering Storm Drainage,Fee En ineers Report Cit of Burlin---- SECTION urlin ameSECTION 1 - Introduction and Background The City of Burlingame's storm drain system was constructed more than 80 years ago and is deteriorating. The system's capacity is inadequate and the City is subject to flooding, causing property damage, blockage of emergency access due to flooding and sewer infiltration during seasonal storms. A comprehensive assessment of the storm drain system was performed to determine deficiencies and future requirements. The Storm Drain Improvement Report, dated 2008, Summary included in Exhibit C of this report, identifies five major watershed areas with a list of recommended improvements. Staff has estimated that the cost to upgrade the system to alleviate flooding throughout the City is approximately $39 million. The City does not have current funding sources available and new funding sources are necessary to protect the public health and safety and alleviate flooding. On May 5, 2008, the City of Burlingame authorized Willdan to prepare the Financial Engineering Impervious Study. The purpose of the study is to determine an equitable means of distributing a storm drain fee to each parcel within the City that is contributing to the storm drain system. Since the impervious area of each parcel is considered an equitable means of determining a parcel's contribution to the storm drain system, the storm drain fee will be based on impervious area of each parcel. The impervious area of each parcel is determined based on the City's current zoning designation shown on the Zoning Map in Appendix A and parcel areas from the assessor's parcel data. Aerial photos were used in performing the analysis to verify impervious area ratios of various selected parcels in addition to sampling of land use designations. Section 1.1 Basis of Drainage Fee Article XIII, Section D of the California Constitution (Proposition 218) Section 6.b of Prop. 218 sets forth the following key requirements for all new, extended, imposed or increased fees and charges: 1. "Revenues derived from the fee or charge shall not exceed the funds required to provide the property-related service." 2. "Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed." 3. "The amount of fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel." 4. "No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of service are not permitted. 6 If VollLLDAN Engineering Storm Draina e Fee En ineers Report (-itv of Burlin ame Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with" (the assessment section of this code). 5. "No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to the property owners." Basis of Fee Rate Structure Since all properties discharge storm water runoff to the City's storm drain system, therefore all properties within the City use the storm drain system. This "cost of service" based approach to rate-setting means that each property owner should pay a rate proportional to its "fair share" of the cost of the system. For the storm drain system, fee rates will show a clear nexus between the amount of the rate charged and each parcel's contribution to the storm drain system, which is directly proportional to the impervious area of the property. The annual storm drainage fee is levied upon each parcel of property that discharges storm water runoff into the City's storm drain system. The fee levied shall be measured by the amount of storm runoff contributed by the parcel to the City's storm drain system. The amount of contributed storm runoff is directly proportional to the amount of impervious area on the parcel. The impervious area on a parcel shall be specified as a percentage of the total parcel area. The amount of the storm drainage fee for each individual parcel shall be computed as follows: Parcel square footage shall be multiplied by the percentage of impervious area on the parcel. The resulting number shall be multiplied by the per-square-foot impervious surface rate in order to calculate the dollar fee for the fiscal year. When the impervious area of a parcel is increased or decreased, the annual fee amount shall be adjusted for the fiscal year next succeeding the change in impervious surface. Example Fee Calculation: Given-6,000 Square Foot Residential Parcel 60% Impervious Area 6,000 sqft * 0.60 imperviousness = 3,600 sqft impervious area 3,600 sqft impervious area * $0.041918838/sgft impervious area = $150.91 This calculation is rounded down to the nearest whole dollar amount, resulting in a fee of$150.00. WI LLDAN Engineering Storm Drainage Fee Engineers Report City of Burlingame The fees for condominiums are based on an 85% impervious area of the common area parcel. The fee for each condominium within the condominium complex is based on the percent interest of the common area in accordance with the assessor's tax roll; and if not shown are deemed to be equal ownership percentages. Example Fee Calculation: Given: 15,000 Square Foot Condominium Common Parcel 85% Impervious Area 15,000 sqft. * 0.85 imperviousness = 12,750 sqft. impervious area 12,750 sqft. impervious area * $0.041918838/sgft impervious area = $534.47 This calculation is rounded down to the nearest whole dollar amount, resulting in a fee of$534.00. If there are 5 Units and they have an equal interest in the common area, each unit will pay 20 percent of the overall fee for the common parcel. The analysis assumes that vacant, unimproved parcels are still in their natural states and do not contribute any additional runoff to burden the City's storm drain system. Therefore, the storm drain fee is not applicable to these parcels. 8 NWILLDAN Engineering Storm Drainage Fee Engineers Report City of Burlingame SECTION 2 — Impervious Surface and Factors Definition of Impervious Surface The term impervious surface shall have the following meaning: the non-natural state surface of a parcel, viewed and measured in plan, which acts as a barrier that prevents the majority of storm water from infiltrating into the ground below, including but not limited to concrete, asphalt pavement or concrete paver walkways, patios or driveways; playing surfaces such as tennis or basketball courts;pools and pool decks; roof tops, tool sheds, carports and patio covers. The impervious area calculations utilized the impervious factors outlined in Section 2 of this study and are based on the City's Zoning Map, provided in Appendix A and the site specific impervious studies utilizing the aerial photo mapping of the City, provided in Appendix B. The City's Geographical Information System (GIS) database containing parcel area data and zoning information was used to calculate the impervious area of each parcel based on lot size and zoning. There are 17 different zoning designations within the City. The table below lists the various zoning designations and the percent impervious factors determined for each zone. As shown, commercial properties have a higher percent impervious factor than residential properties. Also, as the residential properties over 10,000 square feet increase in size, the percent impervious factors tend to decrease. These trends are consistent with typical hydrologic calculations and were verified by the specific impervious studies performed using the City's aerial photo. Zoning Zoning Estimated Definition % Impervious Area AA Anza Area 56% APN Anza Point North 31% APS Anza Point South 77% C1 Commercial Retail Trade 90% C2 Commercial Service Trades 90% C3 Professional Uses 95% CR Commercial Residential 66% IB Inner Ba shore 92% R1 Single Family Dwellings 0-5000 60% R1 Single Family Dwellings 5-10,000 60% R1 Single Family Dwellings 10-15,000 Varies (60%-43%) R1 Single Family Dwellings >15,000 Varies(43%-14%) R2 Duplex Dwellings 70% R3 Apartments or Multifamily Dwellings 85% R4 Apartments or Other Specified Uses 85% RR Rollins Road 88% SL Shoreline 86% TP Tidal Plain 0% TW Trousdale West 90% Unclassified 28% 9 WILLDAN Engineering Storm Draina e Fee En ineers Report Cit of Burlin ame Impervious Values Verified — Mapping and Spot Checks Utilizing the City's aerial mapping and GIS information, the impervious areas for several representative areas of the City's zoning designations were evaluated. First, boundary lines were drawn to encompass several residential properties with like densities (e.g. 0.5 - 2 units/acre, etc.) and several individual commercial properties from each of the City's zoning categories. In all cases, the limits of the impervious areas (i.e. roof tops and paved surfaces) were outlined and square footage values assigned. The fraction of the impervious areas divided by the overall area represents the imperviousness of that zoning designation. Impervious values for parks, schools and other City owned parcels were reviewed and the necessary impervious values adjusted. For instance, a park within the zoning designation R-1 may have a general impervious value of 60 percent, when in fact after a review of the aerial mapping the impervious value of the park is 30 percent. The final impervious values are listed along with the fees for each parcel within the city in Appendix C. 10 */WILLDAN Engineering I Storm Drainage Fee Engineers Report City of Burlingame SECTION 3 - Parcel Inventory and Zoning Acreages The following table summarizes the various zoning categories, the number of parcels in each category, square footage and acreage. Parcel Count, Gross Area and Impervious Areas per Zone Zoning Zoning No. of Total Gross Percent Total Definition Parcels Area (SF) Impervious Impervious Area Area SF AA Anza Area 38 4,952,748 56% 2,776,928 APN Anza Point North 7 1,403,403 31% 439,964 APS Anza Point South 15 638,157 77% 493,572 C1 Commercial Retail Trade 259 3,303,080 90% 2,986,739 C2 Commercial Service Trades 145 1,739,528 90% 1,567,343 C3 Professional Uses 2 22,367 95% 21,249 CR Commercial Residential 14 65,175 65% 42,364 IB Inner Ba shore 112 4,964,715 92% 4,569,580 Varies R1 Single Family Dwellings 5845 48,434,314 60%-14% 25,664,364 R2 Duplex Dwellings 379 2,509,299 70% 1,747,594 Apartments or Multifamily 85% R3 Dwellings 634 5,396,861 4,584,604 Apartments or Other 85% R4 Specified Uses 119 1,709,070 1,440,438 RR Rollins Road 170 8,751,193 88% 7,671,277 SL Shoreline 25 2,454,758 86% 2,110,349 TP Tidal Plain Not Considered 6 - 0% 0 TW Trousdale West 30 1,096,777 90% 987,099 " Unclassified 32 9,117,002 28% 2,535594 Total 7832 96,558,447 59,639,058 >> WI LLDAN Engineering Storm Drainage Fee Engineers Reeort City of Burlin ame SECTION 3.1 — Common Area Parcels Common Area Parcels are parcels for which the ownership is shared. The following is a summary table for the Common Area Parcels within Burlingame. There are a total of 76 Common Area Parcels for which the ownership is shared by 888 property owners. The drainage fees for Common Area Parcels are based on an 85% impervious area of the Common Area Parcel. The fee for each property owner within the Common Area Parcel is based on the property owner's percent interest of the common area in accordance with the assessor's tax roll. Percent No. of Impervious Common Area Land Use Description No. of APN's Parcel APN's Residential Condominiums 85% 839 71 Co-operative Apartments 85% 23 2 Commercial Condominiums 90% 19 1 Hospital 90% 2 1 "C/1 MSC." 90% 14 1 Total: 897 76 12 W,"'WILLDAN Engineering Storm Drainage Fee En ineers Report Cit of Burlin ame SECTION 4 — Revenue Requirements & Fee Calculations SECTION 4.1 — Revenue Requirements The drainage fees collected by the City will be used to fund the necessary replacement and upgrades required to the existing storm drain system to minimize flooding, causing property damage, blockage of emergency access due to flooding and sewer infiltration during seasonal storms. A comprehensive assessment of the storm drain system was performed to determine deficiencies and future requirements. The Storm Drain Improvement Report, dated 2008, Summary included in Exhibit C, identifies five major watershed areas, with a list of recommended improvements. Staff has estimated that the cost to upgrade the system to alleviate flooding throughout the City is approximately $39 million. The City intends to design and construct the necessary storm drain improvements over a 30-year period, with a majority of the improvements completed within 10 years. The design and construction of the improvements will be funded through municipal bonds and pay-as-you-go. The annuity requirement is based on the assumption that the user fee will be collected annually over a 30 year period. 13 W(L L DA N Engineering I Storm Drainage Fee Engineers Report City of Burlingame SECTION 4.2 - Annuity Calculations The following assumptions used in the analysis are as follows: Alternative Scenario A—Three Bond Issuances (30 Year Maturity) Total CIP Funded $42,009,977 Bond Financing $30,275,000 Pay as you Go $11,734,977 Issue Dates: July 1, 2009, July 1, 2012, July 1, 2015 Maturity Date: July 1, 2039 Interest Rates: A+ Rating (6.5%) Costs of Issuance: $250,000, $200,000, $150,000 Debt Service Reserve Fund Investment Rate: 4.00% Underwriter's Discount: 2.00% Bond Insurance: None Capitalized Interest: None Annual Revenue Requirement: $2,499,902 Rounding up, the Annual Revenue Requirement is $2,500,000. The financial analysis to issue three separate bonds is included in Exhibit D 14 11"WILLDAN Engineering I Storm Drainage Fee Engineers Report City of Burlingame SECTION 4.3 - Median Fee In order to determine the fee for each parcel within the City of Burlingame, the total impervious area within the City was estimated based on the zoning and lot size. The storm drain annuity of $2.5 Million divided by the total impervious area of the City, 59,639,058 square feet (sqft.) equates to $0.041918838 per sqft. of impervious area. The following table summarizes the Median Fee for each land use. Median Fee for Each Land Use No. of Median Fee Zoning Parcels Per Zone AA 38 $1,468 APN 7 $643 APS 15 $1,434 C1 259 $283 C2 145 $250 C3 2 $445 CR 14 $116 IB 112 $1,254 R1 0-5,000 SF 619 $121 R1 5-10,000 SF 4,498 $150 R1 10-15,000 SF 521 $256 R1 >15,000 SF 207 $285 R2 379 $168 R3 634 $224 R4 119 $611 RR 170 $1,252 SL 25 $2,060 TP 6 N/A TW 30 $908 32 $874 Total 7832 15 40WILLDAN Engineering I Storm Drainage Fee Engineers Report City of Burlingame SECTION 4.3 - Storm Drainage Fee Calculations The amount of the storm drainage fee for each individual parcel shall be computed as follows: Parcel square footage shall be multiplied by the percentage of impervious surface on the parcel. The resulting number shall be multiplied by $0.041918838/sgft., which shall be the per square foot impervious surface rate in order to calculate the dollar fee for the fiscal year. For example, a 6000 square foot parcel that is 60% covered by impervious surface, equates to 6,000sgft.*60%=3,600 sqft. of impervious area. Therefore the annual fee is equal to 3,600sgft*$0.041918838/sgft. _ $150.91. This calculation is rounded down to the nearest whole dollar amount, resulting in a fee of $150.00. When the impervious surface of a parcel is increased or decreased, the annual fee amount shall be adjusted for the fiscal year next succeeding the change in impervious surface. . The annual fee for each parcel within the City of Burlingame is included in Appendix C. 16 NVWILLDAN Engineering I Storm Draina e Fee En ineers Re ort City of Burlingame SECTION 5 - Appeal Process The impervious factors used to determine the fee for each parcel is based on standard engineering practices. These impervious factors used are based on statistical averages for typical developments at various densities of development, to determine the percent impervious area for a given development type. Therefore, the actual imperviousness of a particular parcel within the City may differ slightly from the standard impervious factor used. Since it is beyond the scope of this project to field verify the imperviousness of each individual parcel, a process is developed for individual property owners to appeal the impervious factor used in the event there are changes made to the property or if the property owner contests that the applied storm drainage fee for a given parcel is using incorrect impervious factors. The process to appeal the impervious factor of a parcel shall be per adopted City Ordinance. 17 WILLDAN Engineering I Storm Drainage Fee Engineers Report City of Burlin ame ■ aem� SECTION 6 — Proposition 218 Compliance The fees outlined in this report meet the definition of "property-related fee and charges" included in Proposition 218. In order to levy said charges, the City must notify all impacted property owners of the proposed charge no less than 45 days before holding a public hearing to consider the charges. At the hearing, the City must hear all protests to the charge. Should a majority of the notified property owners submit written protests (either at or before the public hearing) against the proposed fee, the City cannot proceed with levying it. 18WILLDAN Engineering CITY OF BURLINGAME CAPITAL IMPROVEMENT PROJECTS TO BE FUNDED BY THE PROPOSED STORM DRAIN FEE 1. Easton Creek-Marsten Pump Station addition and Outfall pipeline project Easton Creek is the largest watershed area in the City that carries stormwater from the Hillside residential areas and industrial area north of Broadway. The creek is deficient in capacity and results in severe flooding of the residential and industrial areas during a moderate rainstorm and medium to high tides.The flooding causes property damage and the closure of major roadways such as California Drive and EI Camino Real which serve as emergency access roads. The project consists of building a new pump station at the existing Marsten pump station site and installation of a 66" diameter discharge pipeline which parallels Easton Creek and outfalls to the San Francisco Bay. In addition, the project includes construction of trash/debris collection chambers to prevent pollutants escaping into the Bay. The project will alleviate the chronic flooding in the area and would provide unimpeded emergency access for Public Safety Services such as Fire Department and Police Department. 2. Burlingame Creek bypass pipeline project Burlingame Creek carries stormwater from the Hillside residential area and the Burlingame Avenue commercial area to the Bay. The existing creek system consists of pipelines, box culverts and open channels. The system is deteriorated and severely deficient in capacity resulting in flooding in the residential and the business area. The project consists of constructing a new bypass pipeline/box culvert parallel to the existing system to provide additional capacity to minimize flooding in the area. In addition,the project consists of installing catch basin systems with grates to intercept trash/litter from flowing into the system. 3. Ralston Creek bypass pipeline project Ralston Creek serves both the Hillside and flat residential areas of the City. Due to several restrictions and deficient size of the system, the residential and commercial areas along California Drive are subjected to flooding during a moderate rain storm resulting in property damage as well as blockage of emergency access. The project consists of improvements to the area collection system including installation of catch basins and curb&gutter. The project will facilitate efficient collection of stormwater into the pipelines,alleviate flooding and improve the water quality. 4. Terrace Creek/Laguna Area Storm Drainage Improvements project Terrace Creek carries water from the Hillside residential area of the City via flat lands to the Bay. During a normal storm event coupled with medium to high tides,the low lying areas of the water shed experience flooding and closure of roadways as the existing system is deteriorated and undersized to carry the stormwater. Also, there is no pumping system available to transport the stormwater to the Bay during high tides. The project consists of installing a box culvert system in the Laguna Area with a new pump station and a discharge pipeline to the San Francisco Bay which will significantly reduce the flooding and keep the emergency access open during the storm events. 5. Mills Creek widening and embankment Improvements project Mills Creek serves the Hillside residential area and part of Rollins Road industrial area.The watershed area experiences frequent flooding during moderate rain storms due to undersized box culverts under Rollins Road and U.S. Highway 101. In addition, the low elevation of the creek embankment causes overtopping of the creek during moderate rain storm events. The project consists of installation of a box culvert at Rollins Road and under U.S. Highway 101 as well as widening of the creek and raising its embankments. In addition, a debris basin will be included as part of the project to intercept the pollutants before they enter into the San Francisco Bay. 6. Bayfront improvements including EI Portal, Trousdale and Gilbreth Creek rehabilitation project Many portions of the Bayfront Area commercial and industrial properties are low in elevation and experience severe flooding during moderate rain storm coupled with medium to high tides. The storm drain system in the area consists of aged and corroded metal pipes in severe structural condition that do not have adequate capacity. In addition the concrete lining of creeks in the area is in severe structural condition. The project consists of rehabilitation of 60 inch and 72 inch diameter transmission pipelines, repairs to the concrete creek linings, and raising of the creek embankments to reduce flooding and provide the additional capacity needed to convey stormwater to the San Francisco Bay. 7. New Rollins Road Pump Station, debris basin, and pipeline system project The residential and commercial areas along the Rollins Road do not have an adequate drainage system. The area is subjected to widespread flooding during moderate rain storms. The project consists of installing new pipelines, catch basins and a new pump station with debris basin and a discharge pipeline to the San Francisco Bay under U.S. Highway 101. This will significantly alleviate flooding of the area. 8. Citywide storm drainage and water quality improvements (replacement of failed metal pipelines, curb&gutter and catch basin improvements) Citywide, there is approximately 10,000 feet of 8 inch to 24 inch diameter deteriorated pipeline. The pipe system is so severely damaged/collapsed and undersized that it results in flooding and standing water which causes damage to the street infrastructure. The project consists of replacing the deteriorated pipeline and collection system including installation of new catch basins, curb and gutter and debris basin to intercept the pollutants. The project will improve the ability to collect the stormwater and reduce flooding damage to the streets. 9. Rehabilitation of deteriorated bridge and culvert structures under roadways The City maintains approximately 30 bridges and culverts that were constructed in the 1930's. Most of these structures are in need of rehabilitation in order to keep them from further deterioration and continue to function safely. The project consists of performing repairs to the bridges and culverts as well as rehabilitating the roadway above the structures to provide public safety. 10. Upgrade Storm Drainage Pump Stations The existing storm drainage pump stations at Rollins Road, Marsten Road and Cowan Road were constructed over forty years ago and need to be rehabilitated. The pumps, and electrical and mechanical equipment have expended their design life and need to be replaced. The proper functioning of these pump stations is critical to keep the City from flooding during rain storms and tidal conditions. The project consists of upgrading the pump stations, including installation of new backup generators, electrical/mechanical equipment and plumbing as well as installation of debris interception devices. The total estimated cost for the above projects is approximately $39 million. CITY OF BURLINGAME STORM DRAIN SYSTEM IMPROVEMENT PLAN FREQUENT FLOODING AREAS LEVEE IMPROVEMENT AREAS CITY-WIDE IMPROVEMENTS 1O UPGRADE STORM DRAINAGE PUMP STATIONS G�Q�� ( b , AY FRONT IMPROVEMENTS CLIUDING EL PORTAL, ,?OR TROUSDALE, AND GILBRETH CREEK REHABILITATION MILLS CREEK WIDENING UPGRADE PROJECT ND EMBANKMENT / 1740 ROLLINS NO IMPROVEMENTS PROJECT PUMP STATION SAN FRANCISCO BAY ADRIAN PUMP / STATION fo�ndOi`� OPUMP STATION OCCREEK - MARSTEN ON AND / Fi / / Y, / Can, i/ OUTFALL PIPELINE PROJECT NEW ROLLINS RD. PUMP STATION, DEBRIS EL CAMINO UPGRADE MARSTEN BASIN,AND PIPELINE REAL AREA %'� — Ota PUMP STATION 4 TERRACE CREEK/ SYSTEM PROJECT LAGUNA AREA STORM / CALIFORNIAlGROVE �Q 3a DRAINAGE IMPROVEMENTS / PUMP STATION �' o9a PROJECT DOUBLE 90" / PIPELINES Pae / . CALIFORNIA DRIVE AREA ®CITY-WIDE STORM _fp BURLINGAME DRAINAGE AND WATER QUALITY IMPROVEMENTS + - y ` / / O2 REEK BYPASS PIPELINE PROJECT (REPLACEMENT OF FAILED METAL PIPELINES, CURB 8 / GUTTER AND CATCH , / l O BASIN IMPROVEMENTS) RALSTON CREEK " � � ( / BYPASS PIPELINE / PROJECT / /BURLINGAME CREEK / OREHABILITATION OF / CREEKS DETERIORATED BRIDGE AN[r CULVERT STRUCTURES - - - CREEKS THROUGH WATERSHEDS UNDER ROADWAYS 0 PUMP STATIONS CITY G BURLINGAME' STAFF REPORT AGENDA ITEM # 8 a (�L) �NYTEO JUNE 6 MTG. DATE 12 / 1 / 08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: November 26, 2008 BY C, u �'��' FROM: Roy C. Abrams, Interim City Attorney APPROVE By �1 SUBJECT: Storm Drainage Fee RECOMMENDATION: It is recommended that the City Council take the following actions: 1 . Adopt Resolution Scheduling Tuesday, January 20, 2009 for a Protest Hearing. 2. Adopt Resolution Authorizing Procedures for a Protest Hearing Under Proposition 218. 3. Adopt Resolution Designating Projects to be Funded Projects from the Storm Drainage Fee. 4. Introduce Ordinance to Administer a Storm Drainage Fee; waive reading and ask the City Clerk to read the title. BACKGROUND: This memorandum will outline the legal documents that will be presented to the City Council at the December 1St and January 20th meetings in conjunction with your consideration of a storm drainage fee. In addition to this memorandum the Director of Public Works has provided the Council with a memo updating issues such as the fee calculation, bonding expectations, citizens outreach, etc. At the January 201h meeting the protest hearing will be held and the Council will consider placing the storm drainage fee before the voters. A. December 1, 2008 Documents. The following ordinances and resolutions will be presented to the Council for action: 1 . Resolution Scheduling Tuesday, January 20, 2009 for a Protest Hearing. The Form Notice of Protest Hearing is attached.---for adoption. This Resolution adopts the notice for hearing and schedules a protest hearing before the City Council on January 20, 2009. The fee for each parcel is an attachment to the notice. The protest provides an opportunity for parcel owners to file written objections to the fee; all protests must be received prior to the close of public testimony on January 20th. If a majority of the parcels file protests, the City Council may not go forward with the fee. In the absence of a majority protest, the Council may place a measure on the May 5, 2009 ballot or may discontinue consideration of the fee. One protest may be filed per parcel. The Notice sets forth a description of how the fee is calculated, what the individual parcel's fee is, and what the purpose of the fee is. 2. Resolution Adopting Procedures for a Protest Hearing Under Proposition 218. Procedures are attached.---for adoption. This resolution adopts procedures for the protest hearing. For the most part the procedures designate how owners of an individual parcel may file a protest and the time frame in which to file. 3. Resolution Designating Projects to be Funded Projects from the Storm Drainage Fee.---for adoption. This Resolution sets forth 10 storm drain system improvement projects and their descriptions that are scheduled for construction if the fee is enacted by the property owners on May 5th, 2009. 4. Ordinance to Administer a Storm Drainage Fee.---for introduction. This ordinance establishes procedures to administer a storm drainage fee. Included among the procedures for example are : (1)deposit into a special fund; (2) a citizens oversight committee appointed by the City Council; (3) an appeals process for parcels whose fees are increased because of additional construction(first to Public works and then to the City Council if more than $100 annually is in dispute); and(3) a sunset clause after 30 years or when all bonds supported by the fee are retired, whichever date is later. The ordinance also contains the general provisions for the fee, including how it is calculated and collected and the 2%inflation factor. B. January 20,2009 Documents. If the City Council decides to move forward after the Protest Hearing,the following ordinances and resolutions will be presented to the Council for action: 1. Resolution Certifying the Engineer's Report.---for adoption. This Resolution will confirm the Engineer's Report which shows the fee study and calculations. 2. Resolution Calling the Election for May 5,2009 and Adopting Election Procedures. Procedures and form ballot are attached.---for adoption. This resolution will call the May 5, 2009 election and adopt election procedures. The ballot question is set forth within the Resolution. 3. Ordinance to Administer a Storm Drainage Fee---for adoption. See above discussion of ordinance under December 1, 2009 documents. C. Sample Ballot with Ballot Question. This is presented to the City Council for your consideration and comment. The ballot question is, of course, one of the significant decisions if an election is called by the City Council. The question represents the work of City Staff, Willdan Engineering, and the Lewedwards Group. All of the parties discussed the question and collaborated to provide a question that meets the requirements of law, including the 75 word limit, as well as placing the fairest perspective on the purposes of the proposed storm drainage fee. The sample ballot also shows what will be before the voters. We were particularly concerned that the fee that is shown on the Notice of Protest Hearing (mailed to the property owners in advance of the January protest hearing) also be shown on the ballot; and it is located just below the signature lines in broad type. The rate for each square foot of impervious surface is actually what is being approved and what was evaluated in the Engineer's Report. As impervious square footage is added or subtracted to a parcel due to development or remodeling,the parcel fee is adjusted by the rate of 4.192 cents per square foot. Therefore it is at the core of the ballot question. We did want to assure the voters, however, that the 4.192 cents rate calculates identically to the fee that they were told about throughout the process and thus we placed the parcel fee below the voting area on the ballot. I hope this information is helpful. BUDGETIMPACT: ATTACHMENTS: Resolutions and Ordinances cc: City Manager RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME SCHEDULING TUESDAY,JANUARY 20, 2009 FOR A PROTEST HEARING UNDER CALIFORNIA CONSTITUTION ARTICLE XIIID (PROPOSITION 218) STORM DRAINAGE FEE RESOLVED by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS,Proposition 218 (Articles XIII C and XIII D of the California Constitution) requires the City to comply with the substantive and procedural requirements set forth in Section 6 of Article XIII D of the California Constitution prior to imposing or increasing a fee or charge upon any parcel of property or upon any person as an incident of property ownership; and WHEREAS, Article XIII D requires the City to notice the record owner of the parcel upon which the fee or charge is proposed to be imposed; and WHEREAS, THE City Council wishes to schedule a protest hearing to consider a storm drainage fee; NOW,THEREFORE, IT IS RESOLVED AND ORDERED that: 1. A protest hearing is scheduled for Tuesday, January 20, 2009, at 7:00 p.m. in the Council Chambers at 501 Primrose Road,Burlingame, CA. Notice shall be provided as required by law in substantially the form attached hereto. 3. The City Council finds that this activity is not a project and therefore is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15060(c)(3). MAYOR I, Doris Mortensen, 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 1 st day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK ' NOTICE OF PUBLIC HEARING zurtaaHcnac REGARDING A PROPOSED STORM DRAINAGE FEE J IN THE CITY OF BURLINGAME I. Hearing Notice This notice is to inform each record owner of property within the City of Burlingame, that the City Council will hold a public hearing on a proposed Storm Drainage Fee for properties within the City of Burlingame ("City"). NOTICE IS HEREBY GIVEN that this public hearing will be held on January 20, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, 501 Primrose Road, Burlingame, California. The public hearing is being held in accordance with Article XIII D of the California Constitution (Proposition 218) and procedures adopted by the City Council on December 1, 2008. The adopted procedures may be accessed on the City's website at www.burlingame.org/stormdrains. At the public hearing, the City Council shall consider all objections and protests, if any, to the proposed storm drainage fee and proposed ordinance related thereto. Any interested person shall be permitted to present written and oral testimony regarding these matters. The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person's oral testimony. The City Council may also continue the public hearing from time to time. Property owners who wish to protest the proposed fee must follow the procedure outlined in Section II below. II. Protest Procedure Any owner of real property subject to the fee may object to the establishment of the fees and/or the amount of the fees by filing with the City Clerk, on or before the time set for the public hearing, a written protest, containing a legible signature of such property owner, identification of the property by address or assessor's parcel number, and statement of the property owner's protest of the fee. Electronic mailings (emails) will not be accepted. Any property owner may appear and testify at the public hearing, but only a written protest that meets the requirements set forth in this paragraph will be counted as a valid protest. If the party signing the protest is not shown on the latest assessment roll of the County of San Mateo as an owner of the parcel, the protest must contain or be accompanied by, written evidence that party signing the protest is the owner of the parcel or an authorized representative of the owner(s) of that parcel. Protests must be mailed or personally delivered to: City Clerk, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. For the City Council to consider a written protest, the protest must be received by the City Clerk no later than the conclusion of the public testimony portion of the public hearing on January 20, 2009. Postmarks will not be accepted. If a written majority protest of the property owners subject to the proposed fee exists, the City Council shall not impose the proposed storm drainage fee and shall abandon the current proceedings to establish the fee and ordinance. If the City Clerk does not receive written protests from a majority of the property owners subject to the proposed fee, the City Council may authorize a mail ballot election on the question of whether to approve the proposed fee. If the mail ballot election is authorized, ballots will be mailed to all property owners whose parcels are subject to the fee. III. Fee Information The City's storm drain system is 80 years old and cannot support the City's storm drainage needs. The system has deteriorated and is significantly deficient in capacity resulting in widespread flooding causing pollution of the creeks and the San Francisco Bay, blockage of emergency access routes and property damage. To address these issues, the City has developed a storm drainage master plan that identified $39 million of capital improvements to the system. These upgrades will protect water quality by further reducing the flow of trash and pollutants into the creeks and Bay and prevent street flooding that impedes residents and police/fire emergency access. The City currently does not have dedicated source of funding to address these issues and is proposing a storm drainage fee for all properties within the City that drain into the storm drain system. The fee for each property will be based on the amount of storm water each property contributes to the storm drain system. The City has performed a Storm Drain Fee Study and has prepared Engineer's Report that details the proposed fee for all properties within the City.The Engineer's Report is filed and available for review at the Office of the City Clerk at the City Hall. A summary of the annual fee calculations is provided in the following section. Enclosed with this notice is a list of capital improvements projects proposed to be funded with the storm drainage fee("Attachment A")along with a reference map. IV.Summary of the Proposed Fee Calculations Since all developed properties drain to the City's storm drain system,it is proposed that by City Ordinance an annual fee be levied and collected on the County tax rolls, in an amount proportional to each parcel's "fair share' of the annual costs to finance the upgrade, improvement,and renovation,including maintenance and operation of the improvements,of the City's storm drain system. It has been determined that each parcel's "fair share" is directly proportional to the amount of storm runoff contributed by that parcel, and this storm runoff is directly proportional to the impervious area calculated for each parcel. (Impervious areas generally include but are not limited to concrete,asphalt pavement or concrete paver walkways, patios or driveways;playing surfaces such as tennis or basketball courts;pools and pool decks; roof tops, tool sheds, carports and patio covers). The City of Burlingame has seventeen (17) different zoning designations for the various types of properties and developments. These designations include 5 residential, 4 commercial, 3 Anza area (Bay front area), and 5 miscellaneous designations.Nearly 90%of the parcels are within the residential designations. The amount of the storm drainage fee for each individual parcel shall be computed as follows: The total square footage of the parcel shall be multiplied by the percentage of impervious area applicable to the parcel based on the parcel's zoning designation.The resulting number shall be multiplied by the per square foot impervious surface rate(4.2 cents per square foot),in order to calculate the parcel's specific fee for the fiscal year. This annual rate per square foot of impervious surface may be adjusted by an inflation factor not to exceed 2%annually.When the impervious area of a parcel is increased or decreased,the annual fee amount shall be adjusted for the fiscal year next succeeding the change in impervious surface. The Engineer's Report studied the amount of impervious area on parcels within each of the zoning designations. It was determined that the residential parcels up to 10,000 square feet have an impervious area of 60%of parcel size and somewhat less impervious area as parcel size is increased.Commercial parcels have 90%-95%impervious area of their parcel size.The fee for condominiums is based on each condominium's percentage of the total square footage of the condominium complex. The vast majority of parcels in the City of Burlingame are classified as R1 Single Family Residential. For these residential properties the annual fee is based on the per square foot impervious surface rate described above, which represents a fee rate of approximately 2.5 cents per square foot of the parcel's total lot size. The proposed storm drain fee for your parcel is based on the fee calculations summarized above as detailed in the Engineer's Report and is shown on the enclosed information sheet identified as"Attachment B". If you have any question regarding this notice, please contact Art Morimoto, Assistant Public Works Director at(650)558-7230 or email at amorimoto(aDburlingame.org. Your 2009 Parcel Fee for is on Attachment B. Please Review the Attachment. ATTACHMENT A CITY OF BURLINGAME CAPITAL IMPROVEMENTS PROJECTS TO BE FUNDED BY THE PROPOSED STORM DRAIN FEE 1. Easton Creek- Marsten Pump Station addition and Outfall pipeline project Easton Creek is the largest watershed area in the City that carries stormwater from the Hillside residential areas and industrial area north of Broadway. The creek is deficient in capacity and results in severe flooding of the residential and industrial areas during a moderate rainstorm and medium to high tides. The flooding causes property damage and the closure of major roadways such as California Drive and EI Camino Real which serve as emergency access roads. The project consists of building a new pump station at the existing Marsten pump station site and installation of a 66" diameter discharge pipeline which parallels Easton Creek and outfalls to the San Francisco Bay. In addition, the project includes construction of trash/debris collection chambers to prevent pollutants escaping into the Bay. The project will alleviate the chronic flooding in the area and would provide unimpeded emergency access for Public Safety Services such as Fire Department and Police Department. 2. Burlingame Creek bypass pipeline project Burlingame Creek carries stormwater from the Hillside residential area and the Burlingame Avenue commercial area to the Bay. The existing creek system consists of pipelines, box culverts and open channels. The system is deteriorated and severely deficient in capacity resulting in flooding in the residential and the business area. The project consists of constructing a new bypass pipeline/box culvert parallel to the existing system to provide additional capacity to minimize flooding in the area. In addition, the project consists of installing catch basin systems with grates to intercept trash/litter from flowing into the system. 3. Ralston Creek bypass pipeline project Ralston Creek serves both the Hillside and flat residential areas of the City. Due to several restrictions and deficient size of the system, the residential and commercial areas along California Drive are subjected to flooding during a moderate rain storm resulting in property damage as well as blockage of emergency access. The project consists of improvements to the area collection system including installation of catch basins and curb & gutter. The project will facilitate efficient collection of stormwater into the pipelines, alleviate flooding and improve the water quality. 4. Terrace Creek/Laguna Area Storm Drainage Improvements project Terrace Creek carries water from the Hillside residential area of the City via flat lands to the Bay. During a normal storm event coupled with medium to high tides, the low lying areas of the water shed experience flooding and closure of roadways as the existing system is deteriorated and undersized to carry the stormwater. Also, there is no pumping system available to transport the stormwater to the Bay during high tides. The project consists of installing a box culvert system in the Laguna Area with a new pump station and a discharge pipeline to the San Francisco Bay which will significantly reduce the flooding and keep the emergency access open during the storm events. 5. Mills Creek widening and embankment Improvements project Mills Creek serves the Hillside residential area and part of Rollins Road industrial area. The watershed area experiences frequent flooding during moderate rain storms due to undersized box culverts under Rollins Road and U.S. Highway 101. In addition, the low elevation of the creek embankment causes overtopping of the creek during moderate rain storm events. The project consists of installation of a box culvert at Rollins Road and under U.S. Highway 101 as well as widening of the creek and raising its embankments. In addition, a debris basin will be included as part of the project to intercept the pollutants before they enter into the San Francisco Bay. 6. Bayfront improvements including EI Portal,Trousdale and Gilbreth Creek rehabilitation project Many portions of the Bayfront Area commercial and industrial properties are low in elevation and experience severe flooding during moderate rain storm coupled with medium to high tides. The storm drain system in the area consists of aged and corroded metal pipes in severe structural condition that do not have adequate capacity. In addition the concrete lining of creeks in the area is in severe structural condition. The project consists of rehabilitation of 60 inch and 72 inch diameter transmission pipelines, repairs to the concrete creek linings, and raising of the creek embankments to reduce flooding and provide the additional capacity needed to convey stormwater to the San Francisco Bay. 7. New Rollins Road Pump Station, debris basin, and pipeline system project The residential and commercial areas along the Rollins Road do not have an adequate drainage system. The area is subjected to widespread flooding during moderate rain storms. The project consists of installing new pipelines, catch basins and a new pump station with debris basin and a discharge pipeline to the San Francisco Bay under U.S. Highway 101. This will significantly alleviate flooding of the area. 8. Citywide storm drainage and water quality improvements (replacement of failed metal pipelines, curb & gutter and catch basin improvements) Citywide, there is approximately 10,000 feet of 8 inch to 24 inch diameter deteriorated pipeline. The pipe system is so severely damaged/collapsed and undersized that it results in flooding and standing water which causes damage to the street infrastructure. The project consists of replacing the deteriorated pipeline and collection system including installation of new catch basins, curb and gutter and debris basin to intercept the pollutants. The project will improve the ability to collect the stormwater and reduce flooding damage to the streets. 9. Rehabilitation of deteriorated bridge and culvert structures under roadways The City maintains approximately 30 bridges and culverts that were constructed in the 1930's. Most of these structures are in need of rehabilitation in order to keep them from further deterioration and continue to function safely. The project consists of performing repairs to the bridges and culverts as well as rehabilitating the roadway above the structures to provide public safety. 10. Upgrade Storm Drainage Pump Stations The existing storm drainage pump stations at Rollins Road, Marsten Road and Cowan Road were constructed over forty years ago and need to be rehabilitated. The pumps, and electrical and mechanical equipment have expended their design life and need to be replaced. The proper functioning of these pump stations is critical to keep the City from flooding during rain storms and tidal conditions. The project consists of upgrading the pump stations, including installation of new backup generators, electrical/mechanical equipment and plumbing as well as installation of debris interception devices. The total estimated cost for the above projects is approximately$39 million. CITY OF BURLINGAME STORM DRAIN SYSTEM FREQUENT FLOODING AREAS IMPROVEMENT PLAN LEVEE IMPROVEMENT AREAS 1Q UPGRADE STORM DRAINAGE PUMP STATIONS GFti�� ( b ) BAY FRONT IMPROVEMENTS pJ I CLUDING EL PORTAL, Qpe� TROUSDALE, AND GILBRETH w CREEK REHABILITATION MILLS CREEK WIDENING UPGRADE PROJECT ND EMBANKMENT / X740 ROLLINS NO TH IMPROVEMENTS PROJECT PUMP STATION SAN FRANCISCO BAY ADRIAN PUMP / STATION / Caii EASTON CREEK - MARSTEN PUMP STATION ADDITION AND IPROJECT o � OUTFALL PIPELINE ECT ,,.. .� / / 5 \ NEW ROLLINS RD. PUMP STATION, DEBRIS UPGRADE MARSTEN BASIN, AND PIPELINE EL CA [NO , , PUMP STATION SYSTEM PROJECT REAL AREA / p2 4 TERRACE CREEKi LAGUNA AREA STORM / CALIFORNIA/GROVE ��`Q� a'a DRAINAGE IMPROVEMENTS / PUMP STATION G oaf PROJECT DOUBLE 90" +PIPELINES �0 / CALIFORNIA 9a DRIVE AREA V ® CITY-WIDE STORM // y� � �m fN BURLINGAME DRAINAGE AND WATER _ -- —" / �0 REEK BYPASS QUALITY IMPROVEMENTS / / PIPELINE PROJECT (REPLACEMENT OF FAILED METAL PIPELINES, CURB & / GUTTER AND CATCH V�"" ^�-- / BASIN IMPROVEMENTS) O RALSTON CREEK BYPASS PIPELINE SBU PROJECT RLINGAME / CREEK r ® REHABILITATION OF CREEKS DETERIORATED BRIDGE AN` � CULVERT STRUCTURES - - - CREEKS THROUGH WATERSHEDS UNDER ROADWAYS 0 PUMP STATIONS ATTACHMENT B ***THIS IS NOT A BILL*** CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 FIRST OWNER SECOND OWNER MAILING_ADDRESS CITY, STATE ZIP The following information identifies your property's Assessor's Parcel Number (APN), the property address (if available), and the related parcel information used to calculate this parcel's proposed annual storm drainage fee. Assessor's Parcel Number (APN): <APN> Property Address: <Situs Address> Parcel's Total Lot Size: <Lot_Size> square feet Parcel's Impervious Area: <Applied_Area> square feet As outlined in the enclosed notice, the proposed annual storm drainage fee for each parcel is based on a per square foot impervious surface area at a rate of 4.192 cents per square foot. Using this rate, and the impervious area identified above, the proposed annual storm drainage fee for this parcel is $<Amount> per year. If the City's proposed storm drainage fee is approved and adopted, your parcel's calculated annual fee of $<Amount> will appear for the first time on your 2009/2010 property tax bill. The proposed fee rate of 4.192 cents per impervious square foot and this parcel's calculated fee are subject to an annual inflationary adjustment that shall not exceed 2% per year. Please Note: The ownership and mailing information for this parcel was obtained from the San Mateo County Assessor's Office Secured Assessment Roll. If this information is incorrect, please contact the San Mateo County Assessor's Office at (650) 363-4500. RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME AUTHORIZING PROCEDURES FOR A PROTEST HEARING UNDER CALIFORNIA CONSTITUTION ARTICLE XIIID (PROPOSITION 218) STORM DRAINAGE FEE RESOLVED by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS,Proposition 218 (Articles XIII C and XIII D of the California Constitution)requires the City to comply with the substantive and procedural requirements set forth in Section 6 of Article XIII D of the California Constitution prior to imposing or increasing a fee or charge upon any parcel of property or upon any person as an incident of property ownership; and WHEREAS, Article XIII D requires the City to notice the record owner of the parcel upon which the fee or charge is proposed to be imposed; and WHEREAS, Article XIII D and the Proposition 218 Implementation Act, Government Code Sections 53750 and following, establish certain procedural and substantive requirements but do not set forth all procedures that are necessary to conduct a protest hearing; and WHEREAS,the City wishes to adopt certain procedures for the protest hearing and to make them available to the public; NOW,THEREFORE,IT IS RESOLVED AND ORDERED that: 1. The City Council declares that its intent in enacting this Resolution is to adopt procedures that are in compliance with the requirements of the California Constitution and the Proposition 218 Implementation Act. 2. The City Council hereby adopts the procedures entitled "Procedures For a Protest Hearing Under Proposition 218—Storm Drainage Fee" set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. The City Council finds that this activity is not a project and therefore is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15060(c)(3). MAYOR I, Doris Mortensen, 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 I"day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK PROCEDURES FOR A PROTEST HEARING PURSUANT TO ARTICLE XIIID,SECTION 6 OF THE CALIFORNIA CONSTITUTION FOR THE ESTABLISHMENT OF A STORM DRAINAGE FEES A. Written Report 1. The City shall prepare a written report(Engineer's Report)which shall contain a list of all parcels to which the proposed Storm Drainage Fee will apply and the amount of the Proposed Storm Drainage Fee for each identified parcel for Fiscal Year 2009-2010. 2. The Engineer's Report shall be placed on file in the office of the City Clerk at least forty- five(45)days prior to the date set for the public hearing on the proposed Storm Drainage Fee and shall remain available for public inspection. B. Notice of the Public Hearing on the Proposed Storm Drainage Fee 1. Notice of the public hearing on the proposed Storm Drainage Fee shall be sent,postage prepaid,by first class mail at least forty-five(45)days prior to the date set for the public hearing to the record owner of each identified parcel. 2. "Record Owner'means the owner of an identified parcel whose name and address appears on the last San Mateo County equalized secured property tax assessment roll (the"Assessment Roll"),or in the case of any public entity,the State of California,or the United States,means the representative of that public entity at the address of that entity known to the City. 3. Notices shall be mailed to the record owners of the identified parcels,addressed to the names and addresses as they appear on the Assessment Roll,and,in the case of any public entity,the State of California,or the United States,addressed to the public entity at the address of that entity known to the City. 4. Each mailed notice shall contain all of the following: a) the date,time and location of a public hearing on the proposed Storm Drainage Fee; b) the effect of a majority protest; c) the reason for the proposed Storm Drainage Fee; d) a reference to filing of the engineers report; e) a reference to the proposed ordinance imposing the proposed Storm Drainage Fee and providing for the collection of the Fee on the County tax roll beginning Fiscal Year 2009-2010; t) the basis upon which the amount of the proposed Storm Drainage Fee was calculated;and g) the amount of the proposed Storm Drainage Fee to be imposed upon the identified parcel covered by the notice. 1 5. The City Clerk, or designee of the City Clerk, may certify the proper mailing of notices by an affidavit,which shall constitute conclusive proof of mailing in the absence of fraud. 6. Failure of any person to receive notice shall not invalidate the proceedings. 7. Notice of the filing of the Engineer's Report and the public hearing shall be published once a week for two successive weeks with the first publication at least fourteen (14)days prior to the date of the public hearing, and with at least(5)days intervening between the first and second publications. 8. The notice provided by these procedures, in accordance with Article MID, Section 6 of the California Constitution, shall supersede and be in lieu of notice required by any other statutes to levy or increase such fees. C. Eligibility to File a Protest 1. The Assessment Roll shall be presumptive evidence of ownership of an identified parcel for protest purposes. 2. If the owner of any identified parcel is not shown on the Assessment Roll, such owner may file a protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing. 3. When an identified parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse,joint tenant,or tenant in common, as the case may be, may file a protest for such parcel. 4. An executor, administrator, or guardian may file a protest for an identified parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes and assessments levied against the parcel, that fact shall establish the right of such representative to file the protest. If such representative is not shown on the Assessment Roll, the representative must file with the City Clerk written documentation satisfactory to the City Attorney establishing the legal representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing. 5. When an identified parcel is held by a corporation or unincorporated association, a protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such actions. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the public hearing. 6. Trustees may sign the protest provided for in these procedures on behalf of the trust they represent. If a trustee is not shown on the latest assessment roll, the trustee may file with 2 the City Clerk a declaration signed under penalty of perjury prior to the commencement of the public hearing. 7. If more than on representative is shown on the latest assessment roll as paying taxes and assessments on behalf of the property owner(s),the provisions relating to co-ownership in paragraph C3. above shall govern the right to sign the protest or ballot. 8. The owner of any parcel to which the fee is proposed to apply, which has been assessed in the wrong name or to unknown owners,or which has passed from the owner listed on the assessment roll, may sign the protest for such parcel by filing with the City Clerk, at any time prior to the commencement of the public hearing: (a) a duly acknowledged proxy from such former owner; or (b) a declaration, signed under penalty of perjury, that the person signing is the owner of the property. 9. A tenant of real property shall not have the power or authority to participate in the protest or ballot proceedings. 10. The City Manager is designated as the voting representative with respect to City-owner property. 11. If, prior to the commencement of the public hearing, no documentation relating to the voting authority for a parcel is filed with the City Clerk as provided for in this section C, the ownership information shown in the latest secured equalized property tax assessment roll shall be conclusive evidence of ownership for protest purposes, and the owner of representative listed on that assessment roll who votes on behalf of the parcel shall be presumed to be legally authorized to do so. 12. In any case where the documentation provided to the City Clerk in accordance with this section C is ambiguous or unclear; the City Attorney shall determine whether the documentation is adequate for the purpose provided. D. Submission of Written Protests 1. Written protests may be mailed (via U.S. mail)to the City Clerk at City Hall or delivered in person to the City Clerk at City Hall or at the public hearing. 2. No protests delivered via e-mail will be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such protests in making determinations regarding the proposed Storm Drainage Fee. 3. Each written protest must identify the property covered by the protest and be signed. 4. Protests must(1)be in writing; (2) identify the parcel for which the protest is made; (3) state opposition to the proposed storm drainage fee; and (4)contain a legible signature of an eligible property owner. Protests that do not meet these requirements will not be considered; however, the Council may waive any irregularities in the form or content of any written protest if the protest is in substantial compliance with these procedures. 3 5. All protests must be filed before the close of the public testimony portion of the public hearing. The City Clerk shall endorse the date of filing on each written protest, and shall indicate whether the protest was timely filed. No protest received after the close of the public testimony portion of the public hearing shall be counted in determining the amount of protest, but the Council may, in its discretion, consider such protests in making its decision. 6. Protests may be withdrawn in writing at any time before the conclusion of the public testimony portion of the public hearing by the person who submitted the written protest. 7. Prior to the commencement of the public hearing, all written protests submitted shall be kept secret and confidential. 8. After the City Council opens the public hearing, all written protests shall be considered public records. 9. For purposes of determining whether a majority protest exists, only one protest for each Identified Parcel will be counted. E. Conduct of the Public Hearing; Determination of A Majority Protest 1. At the time, date and place fixed for the public hearing, the City Council shall: (a) hear a staff presentation pertaining to the proposed Storm Drainage Fee; (b) hear all persons interested in the matter of the proposed fee increase, whether or not they have filed a protest; (c) hear all objections, protests,or other written communications from any owner of property subject to the proposed fee increase; the City Clerk may summarize a protest for the City Council; 2. The hearing may be continued from time to time, as the Council determines necessary to complete its consideration of the proposed fee increase. 3. If the Council determines, after the close of the public testimony portion of the public hearing,that written protests have been received from property owners representing a majority of the parcels subject to the proposed fee, the Mayor shall declare the proceedings closed and the establishment of the fee shall not be approved. 4. If the Council determines, after the close of the public testimony portion of the public hearing, that written protests have not been received from property owners representing a majority of the parcels subject to the proposed fee, the Council may: (a) remedy, correct, and/or revise any error or informality in the report containing the proposed fee increase for each property, any minor defect in the proceedings, and any of the acts or determinations of any City officers or employees in the proceedings or report. Modifications or corrections that increase the fee proposed for any individual parcel to an amount greater than that shown in the notice mailed to the property owner will not be allowed; and 4 (b) confirm the report containing the proposed fee increase for each property; and (c) adopt a resolution calling for a ballot proceeding; (d) Introduce/adopt the ordinance imposing the Storm Drainage Fee, subject to voter approval; and (e) Take such other action as is deemed appropriate. F. Tabulation of Written Protests. The following procedures are hereby adopted for calculating whether a majority protest against a fee or charge has been received: 1. The City Clerk shall inform the City Council as to the validity of all protests. The City Clerk shall not accept as valid any protest if the City Clerk determines that any of the following applies: (a) The protest does not identify a parcel which receives the property-related service for which the fee or charge is imposed; (b) The protest does not bear an original signature of the person submitting the protest; (c) The protest does not state its opposition to the proposed fee which is the subject of the protest proceeding; (d) The protest was not received by the City Clerk before the close of the public testimony portion of the public hearing on the proposed fee; (e) A request to withdraw the protest is received prior to the close of the public hearing on the proposed fee. 2. The City Clerk's decision regarding the validity of a protest shall constitute a final action of the City and shall not be subject to appeal to the City Council or to any other board or employee of the City. 3. Prior to the public hearing,the City Clerk may open and review any written protests received for the validity of such written protests as provided in section F, subsection 1 of these procedures. Prior to the public hearing, the City Clerk shall perform a cursory review of the number of written protests received. If this cursory review demonstrates that the number of protests received is manifestly less than one-half of the parcels served by the City with respect to the fee which is the subject of the protest, the City Clerk may forego an actual tally of the protests received and at the public hearing may merely advise the City Council of the absence of a majority protest based on this cursory review. If the cursory review demonstrates that the number of protests received is not manifestly less than one- half of the parcels served by the City with respect to the fee which is the subject of the protest,the City Clerk shall perform an actual tally of the written protests received for purposes of determining majority protest. The City Manager may retain or designate persons to assist the City Clerk with this tally if necessary. At the close of the public testimony at the public hearing, the City Clerk shall incorporate into this tally the written protests received at the public hearing and shall advise the City Council as to whether there is majority protest or not based on the results of the tabulation. Prior to the commencement of the public hearing, all written protests submitted and the tally of those written protest shall be kept secret and confidential by the City Clerk. 5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DESIGNATING PROJECTS TO BE FUNDED BY THE STORM DRAINAGE FEE RESOLVED by the CITY COUNCIL OF THE CITY OF BURLINGAME: WHEREAS, the City Council is presently evaluating a storm drainage fee to be presented to property owners within the City first at public hearing and then thereafter at an election; and WHEREAS, the City Council wishes the public to be informed of projects that the City Council anticipates to fund from the storm drainage fee if approved by the voters; and WHEREAS, the City Council has believes that the following projects are necessary to: • improve, upgrade and maintain the deteriorated storm drain system • protect water quality • further reduce pollutants flowing into our creeks and San Francisco Bay • prevent street flooding that impedes residents and police/fire emergency access • improve local drainage; and NOW, THEREFORE, the City Council hereby resolves as follows: 1 . Projects that are presently scheduled to be funded from a storm drainage fee that is approved by vote of Burlingame property owners will include the following: CAPITAL IMPROVEMENTS PROJECTS TO BE FUNDED BY THE PROPOSED STORM DRAIN FEE 1. Easton Creek - Marsten Pump Station addition and Outfall pipeline project Easton Creek is the largest watershed area in the City that carries stormwater from the Hillside residential areas and industrial area north of Broadway. The creek is deficient in capacity and results in severe flooding of the residential and industrial areas during a moderate rainstorm and medium to high tides. The flooding causes property damage and the closure of major roadways such as California Drive and EI Camino Real which serve as emergency access roads. The project consists of building a new pump station at the existing Marsten pump station site and installation of a 66" diameter discharge pipeline which parallels Easton Creek and outfalls to the San Francisco Bay. In addition, the project includes construction of trash/debris collection chambers to prevent pollutants escaping into the Bay. The project will alleviate the chronic flooding in the area and would provide unimpeded emergency access for Public Safety Services such as Fire Department and Police Department. 2. Burlingame Creek bypass pipeline project Burlingame Creek carries stormwater from the Hillside residential area and the Burlingame Avenue commercial area to the Bay. The existing creek system consists of pipelines, box culverts and open channels. The system is deteriorated and severely deficient in capacity resulting in flooding in the residential and the business area. The project consists of constructing a new bypass pipeline/box culvert parallel to the existing system to provide additional capacity to minimize flooding in the area. In addition,the project consists of installing catch basin systems with grates to intercept trash/litter from flowing into the system. 3. Ralston Creek bypass pipeline project Ralston Creek serves both the Hillside and flat residential areas of the City. Due to several restrictions and deficient size of the system,the residential and commercial areas along California Drive are subjected to flooding during a moderate rain storm resulting in property damage as well as blockage of emergency access. The project consists of improvements to the area collection system including installation of catch basins and curb &gutter. The project will facilitate efficient collection of stormwater into the pipelines,alleviate flooding and improve the water quality. 4. Terrace Creek/Laguna Area Storm Drainage Improvements project Terrace Creek carries water from the Hillside residential area of the City via flat lands to the Bay. During a normal storm event coupled with medium to high tides,the low lying areas of the water shed experience flooding and closure of roadways as the existing system is deteriorated and undersized to carry the stormwater. Also,there is no pumping system available to transport the stormwater to the Bay during high tides. The project consists of installing a box culvert system in the Laguna Area with a new pump station and a discharge pipeline to the San Francisco Bay which will significantly reduce the flooding and keep the emergency access open during the storm events. 5. Mills Creek widening and embankment Improvements project Mills Creek serves the Hillside residential area and part of Rollins Road industrial area. The watershed area experiences frequent flooding during moderate rain storms due to undersized box culverts under Rollins Road and U.S. Highway 101. In addition,the low elevation of the creek embankment causes overtopping of the creek during moderate rain storm events. The project consists of installation of a box culvert at Rollins Road and under U.S.Highway 101 as well as widening of the creek and raising its embankments. In addition,a debris basin will be included as part of the project to intercept the pollutants before they enter into the San Francisco Bay. 6. Bayfront improvements including EI Portal,Trousdale and Gilbreth Creek rehabilitation project Many portions of the Bayfront Area commercial and industrial properties are low in elevation and experience severe flooding during moderate rain storm coupled with medium to high tides. The stone drain system in the area consists of aged and corroded metal pipes in severe structural condition that do not have adequate capacity. In addition the concrete lining of creeks in the area is in severe structural condition. The project consists of rehabilitation of 60 inch and 72 inch diameter transmission pipelines, repairs to the concrete creek linings, and raising of the creek embankments to reduce flooding and provide the additional capacity needed to convey stormwater to the San Francisco Bay. 7. New Rollins Road Pump Station, debris basin, and pipeline system project The residential and commercial areas along the Rollins Road do not have an adequate drainage system. The area is subjected to widespread flooding during moderate rain storms. The project consists of installing new pipelines, catch basins and a new pump station with debris basin and a discharge pipeline to the San Francisco Bay under U.S. Highway 101. This will significantly alleviate flooding of the area. 8. Citywide storm drainage and water quality improvements (replacement of failed metal pipelines, curb &gutter and catch basin improvements) Citywide, there is approximately 10,000 feet of 8 inch to 24 inch diameter deteriorated pipeline. The pipe system is so severely damaged/collapsed and undersized that it results in flooding and standing water which causes damage to the street infrastructure. The project consists of replacing the deteriorated pipeline and collection system including installation of new catch basins, curb and gutter and debris basin to intercept the pollutants. The project will improve the ability to collect the stormwater and reduce flooding damage to the streets. 9. Rehabilitation of deteriorated bridge and culvert structures under roadways The City maintains approximately 30 bridges and culverts that were constructed in the 1930's. Most of these structures are in need of rehabilitation in order to keep them from further deterioration and continue to function safely. The project consists of performing repairs to the bridges and culverts as well as rehabilitating the roadway above the structures to provide public safety. 10. Upgrade Storm Drainage Pump Stations The existing storm drainage pump stations at Rollins Road, Marsten Road and Cowan Road were constructed over forty years ago and need to be rehabilitated. The pumps, and electrical and mechanical equipment have expended their design life and need to be replaced. The proper functioning of these pump stations is critical to keep the City from flooding during rain storms and tidal conditions. The project consists of upgrading the pump stations, including installation of new backup generators, electrical/mechanical equipment and plumbing as well as installation of debris interception devices. The total estimated cost for the above projects is approximately$39 million. MAYOR I, Doris Mortensen, 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 1 st day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK f ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 4.30 TO THE BURLINGAME MUNICIPAL CODE TO ADMINISTER A STORM DRAINAGE FEE The CITY COUNCIL of the CITY OF BURLINGAME ordains as follows: Section 1. Pursuant to the authority set forth in Article XIIID of the California Constitution, Government Code Sections 53750 and following, and Health and Safety Code Section 5471, as well as the general authority residing in the City to establish fees and charges,the City Council enacts an ordinance to establish an storm drainage fee in order to improve, upgrade, and maintain the storm drainage system,to further reduce pollutants flowing into Burlingame's creeks and San Francisco Bay,to prevent street flooding that impedes residents and police/fire emergency access,to improve local drainage, and better assure that the system serves the needs of Burlingame real property and the community. Section 2. Chapter 4.30 is added to read as follows: Chapter 4.30 STORM DRAINAGE FEE ORDINANCE Section 4.30.010 Establishment of Storm Drainage Fee Section 4.30.020 Computing the Fee Section 4.30.030 Setting the Fee Section 4.30.040 The Fee in Fiscal year 2009-2010 Section 4.30.050 Appeals by Property Owners Section 4.30.060 Collection of the Fee Section 4.30.070 Deposit Into Special Storm Drainage Fund Section 4.30.080 Various Actions Section 4.30.090 Expiration of Fee Section 4.30.100 Citizens Oversight Committee Section 4.3 0.110 Severability 4.30.010 Establishment of Storm Drainage Fee. There is established a storm drainage fee for all parcels of real property in the City that drain into City storm drainage system, including, pipes, inlets, outlets, and natural drainage courses. No fee shall be imposed unless and until the voter approval required by Constitution Article XIII D, Section 6 (Proposition 218)has been obtained. 4.30.020 Computing the Fee. (1) An annual storm drainage fee is levied upon each parcel of property that drains into the City's storm drain system. The rate per square foot of impervious area shall be determined by Resolution of the City Council upon consideration of a report of the City Engineer but in no event shall the rate exceed that authorized by required voter approval. (2) The amount of the storm drainage fee for each individual parcel shall be computed as follows: Parcel square footage shall be multiplied by the percentage of impervious area on the parcel. The resulting number shall be multiplied by the per square foot impervious area rate in order to calculate the dollar fee for the fiscal year. Said rate shall not exceed the maximum rate established by the voters, i.e. 4.192 cents per square foot of impervious area. When the impervious area of a parcel is increased or decreased, the annual fee for the parcel shall be adjusted for the fiscal year next succeeding the change in impervious area. (3)The term impervious area shall have the following meaning: the non-natural state or surface of a parcel, viewed and measured in plan, which acts as a barrier that prevents the majority of storm water from infiltrating into the ground below, including as examples but not limited to concrete, asphalt pavement or concrete paver walkways, patios or driveways; playing surfaces such as tennis courts or basketball courts; pools and pool decks; roof tops; tool sheds; carports; and/or patio covers. (3) The fee for each condominium shall be based on the individual condominium's percentage of ownership interest as shown on the assessor's roll; and if not shown are deemed to be equal ownership percentages, unless proof is submitted otherwise. (4) Vacant, unimproved parcels are still in their natural states and do not contribute any additional runoff to burden the City's storm drain system. Therefore,the storm drain user fee is not applicable to these parcels. When a vacant parcel that is not subject to this ordinance adds impervious area, it shall be required to pay a storm drainage fee based on its impervious area. (5) Streets and highways, channels, and canals are exempt from the storm drainage fee as part of the storm system. 4.30.030 Setting the Fee. (1) Commencing with fiscal year 2010-2011, the City Council, following a public hearing, shall determine the storm drainage fee. In no event shall the square footage rate for impervious area be increased beyond that rate approved by a majority vote of the property owners subject to the storm drainage fee without further approval by a majority vote of the property owners subject to the storm drainage fee; provided, however,that, without approval by a majority vote of the property owners subject to the storm drainage fee, the maximum per square foot rate for impervious area, commencing Fiscal Year 2010-2011, may be increased by an amount equal to the change in the Consumer Price Index for all Urban Consumers for the area including San Mateo County (the "CPI"), including all items as published by the U.S. Bureau of Labor Statistics as of March 1 of each year, not to exceed a maximum increase of two percent (2%) per year. (2) The storm drainage fee shall not be deemed to be increased in the event the actual fee upon a parcel in any given year is higher due to an increase in the amount of the impervious area of the subject parcel. (3) In any year in which the City Council does not change the rate per square foot of impervious area, the previously adopted fee shall continue in full force and effect for the next fiscal year. Property owners whose storm drainage is increased/decreased as a result a change in impervious area have appeal rights under Section 4.30.040. (4) The City Council shall not be required to enact an inflation increase in each year but may accumulate the inflationary increases and enact the cumulative amount. 4.30.040 The Fee In Fiscal Year 2009-2010. Subject to the appeal rights set forth below, the fee for fiscal year 2009-2010 shall be that parcel fee specified in the notice of protest hearing sent to the property owner. 4.30.050 Appeals by Property Owners. (1) If a property owner disagrees with the calculation of his or her storm drainage fee, the property owner may appeal the calculation within 20 calendar days after the property owner receives notice that the fee will be increased/decreased: (a) The property owner must provide written documentation explaining the reason why the storm drain fee is not correct. This documentation must include: i. The name, telephone number, mailing address, and email address, if available, of the property owner; ii. The Assessor's Parcel Number(APN) of the property in question; iii. To-scale drawings of the property in question and the impervious areas located on it with accompanying calculations. The to-scale drawings shall include the square footage and labels for each impervious area(i.e., house, garage, driveway, patio, tool shed, carport, etc.). (2) If additional documentation is required or insufficient documentation was submitted, the Public Works Department will notify the property owner. (3) Once the Public Works Department has determined that sufficient documentation has been submitted, it will analyze the appeal. The property owner will be notified in writing within three weeks after sufficient documentation has been submitted whether or not the fee will be changed. (a) Any new fee will be documented in the City's fee database. (b) The property owner can appeal the decision of Public Works to the City Council if the amount remaining in dispute after the Public Works decision exceeds $100 annually. The appeal must be made in writing and filed with the City Clerk not later than ten calendar days from the date of mailing of the Public Works Department decision. The City Clerk shall fix a time and place for hearing the appeal and shall give notice in writing to the appellant. The City Council's determination on the appeal shall be final. (4) If an appeal is granted by Public Works Department or the City Council that does not permit inclusion for the following fiscal year's property tax roll submittal, a reimbursement will be provided to the property owner by the City. (5)Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with these provisions shall be a prerequisite to a suit thereon. (6) The City Council may establish appeal fees. (7) To appeal the fee for Fiscal Year 2009-2010 a property owner must file an appeal not later than 20 days after the City Council certifies the election results. 4.30.060 Collection of the Fee. Commencing with fiscal year 2009-2010,the storm drainage fee shall be collected on the San Mateo County tax roll in the same manner, by the same persons, and at the same time as,together with and not separately from, the general taxes of the City; provided, however, in any year the City Council may, by resolution,provide for an alternative procedure for collection of the storm drainage fee. For any fiscal year in which the storm drainage fee is authorized but not collected on the tax roll,the City may collect all or a portion of the fee for such year on the tax roll in the following fiscal year or years. 4.30.070 Deposit In The Special Storm Drainage Fund. Upon receipt of moneys representing storm drainage fees,the City Finance Director shall deposit the moneys in the City treasury to the storm drainage fund and the moneys shall be subject to annual independent audit and funds shall only be expended for storm drainage improvements approved by the City Council and for the operation and maintenance of those improvements. 4.30.080 Various Actions. Without a vote of the property owners, in any year the City Council may do any and all of the following: (a)discontinue the storm drainage fee; (b)reduce the maximum square footage rate for impervious area; or(c) increase the rate per square foot up to or below the maximum voter-authorized square footage rate for impervious area if it has been previously set below such rate. In no event shall the City Council increase the rate in excess of the maximum square footage rate approved by a majority vote of the property owners subject to the storm drainage fee for impervious area without approval by a majority vote of the property owners subject to the storm drainage fee. 4.30.090 Expiration of Fee. The storm drainage fee established by this Chapter shall remain in effect until either(1) 2038 or(2)the date on which all bonds, notes, or other obligations payable in whole or in part by revenues generated from the storm drainage fee are fully retired, whichever date is later. 4.30.100 Citizens Oversight Committee. The City Council shall appoint a citizens committee to assure that the fees are used for storm drain purposes. The committee shall also review and then provide advisory input to the Public Works Director in the preparation of the budget expenditures, and any amendments thereto, from the storm drainage fund, including project priorities. 4.30.110 Severability. Should any provision or clause of this ordinance or application thereof to any person or circumstance be held invalid or unconstitutional that invalidity or unconstitutionality shall not affect other provisions or applications thereof which can be given effect without the invalid provision or application and, to this end,the provisions of this ordinance are declared severable. By adopting this ordinance the City Council declares that it would have adopted this ordinance without that provision or provisions. Section 3. This ordinance shall be published as required by law and shall take effect thirty days after adoption. The City Council finds that this activity is not a project and therefore is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15060(c)(3). MAYOR I, Doris Mortensen, 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 1 st day of December, 2008, and was adopted on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OFFICIAL BALLOT UIRLl CGAIME CITY OF BURLINGAME COUNTY OF SAN MATEO STORM DRAINAGE FEE To: • improve,upgrade and maintain the deteriorated storm drain system • protect water quality YES ❑ • further reduce pollutants flowing into our creeks and San Francisco Bay • prevent street flooding that impedes residents and police/fire NO ❑ emergency access • improve local drainage shall the City of Burlingame enact a storm drainage fee at the rate of 4.192 cents per impervious square foot, adjusted for inflation not exceeding 2% annually, with independent audits, citizen's oversight, and requiring all funds expended only on storm drains? I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Print Name Signature Date The storm drainage fee for your parcel is S 151.00. Summary of Procedures for the Completion, Return, and Tabulation of Ballots To vote, place an "X" in the box that corresponds to how you wish to vote. Print your name, sign and date the ballot. Ballots must be completed in ink. Return by U.S. Mail in the enclosed envelope to the City Clerk; 501 Primrose Road,Burlingame,CA 94010 or hand-deliver at 501 Primrose Road,Burlingame,CA. Ballots without a signature will not be counted.Ballots must be received by the City Clerk by Tuesday,May 5,2009,at 8:00 p.m. Postmarks do not count. Each parcel will receive only one vote. A majority affirmative vote is required to pass the storm drainage fee. BARCODEYES BARCODENO PROPERTY OWNER: PROPERTY: <First Owner> Parcel Number: <APN> <Second Owner> <Situs address> <Mail_Address> Impervious Square Feet: <Imp_Sgft> <City>, <State> <Zip_Code> CITY 0 STAFF REPORT BURLINGAME AGENDA ITEM# 8.b. MTG. DATE 12/1/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITT BY DATE: November 24, 2008 APPROVE FROM: Doris Mortensen, City Clerk By 650-558-7203 SUBJECT: Recommendation to confirm Mayor's Council Assignments for 2009 RECOMMENDATION: To review, make changes if necessary and confirm the Mayor's City Council Assignments for 2009. EXHIBIT: Council Assignments—2009 CITY OF BURLINGAME COUNCIL ASSIGNMENTS 2009 1. ABAG—City Delegate Quarterly Baylock (alternate Deal) 2. Airport Land Use Commission Quarterly meetings held Keighran(alternate Deal) (subcommittee of C/CAG) at Burlingame City Hall 3. Airport Round Table Is'Wednesday each Deal (alternate Keighran) month, 7 p.m. 4. Audit Committee Meets 2-3 times per Baylock and O'Mahony year, including once in December 5. Bicycle and Pedestrian Advisory Last Thursday of month Baylock Committee (BPAC) + extra meetings in C/CAG appointment with no term end February-March 6a. BAWSCA (Bay Area Water Supply and 4-year term (ends 2011) O'Mahony Conservation Agency) 6b. Board Policy Committee Meets monthly O'Mahony 7. Budget Responsibilities: Each council (There are no budget chairs. member to meet with appropriate Department heads will make department head(s) to review budget reports; council members will elaborate) • CA, CM, CC, FIN, HR Keighran • Parks &Recreation Nagel • Library Deal • Fire and Police Baylock • Community Development/Public O'Mahony Works 8. Central County Fire Board 1st Tuesday in May and Baylock and Nagel November, 4 p.m., at (minimum 2-year terms) Hillsborough Town Hall 9. Chamber of Commerce Liaison 2° Tuesday of each Baylock and Keighran month, noon-1:30 p.m. (alternate Deal) 10. City/County Association of Governments 27 Thursday of each O'Mahony(alternate Nagel) (C/CAG) month, Legislative Committee meets at 5, regular meeting at 7 11. City/Schools Liaison Committee 3 times a year, usually Keighran and Baylock Wed. or Thurs. during (alternate Deal) lunch(Propose switching to Fridays) 12. Civic Engagement Subcommittee As needed Nagel and Keighran 13. Congestion Management Committee Monthly, 3-5 p.m. at Not applicable; need to be (CMAC, subcommittee of C/CAG) San Mateo City Hall appointed by C/CAG. 14. Council of Cities 4th Friday of month in All different city 15. Council Protocol Subcommittee As needed Baylock and O'Mahony 16. Economic Development Committee As needed Keighran 17. Emergency Services Council (quarterly) 3d Thursday in January, Nagel (alternate Baylock) April, June and September, 5:30 p.m. at Hall of Justice in Redwood City 18. Fire ALS Joint Powers Authority Twice annually as group Deal agrees, usually at 6 p.m. Next meeting is Feb. 7 at 6 p.m., location TBA 19. Grand Boulevard Task Force Quarterly, 10 a.m.-noon, Deal location varies 20. Green Advisory Committee (SBWMA) Meeting January 2008 Nagel 21. Green Ribbon Task Force Baylock and Nagel 22. Housing Endowment and Regional Trust 4` Wednesday of month Keighran (HEART) at 3 p.m. in Belmont 23. ICLEI (International Council for Local Nagel Environmental Initiatives-Local Government for Sustainability) 24. Peninsula Congestion Relief Alliance Every other month on Deal (alternate Gomery) Tues. or Thurs. at 8 a.m. 25. Peninsula Division League of California 4 dinner meetings per All Cities year, plus January reception for newly elected council members 26. Policy Advisory Committee for Sub- To be determined Deal Regional Housing Needs Allocation (reports to ABAG) 27. Project Advisory Committee for CLUP As Needed Keighran (Comprehensive Land Use Plan) 28. Regional Financing Authority(RFA) 4-year term (ends July O'Mahony Manages bond issuance process 2007) 29. Safeway Subcommittee Varies Baylock and Keighran 30. Specific Area Plan Committee As Needed Keighran and Deal 31. Storm Drainage Election Subcommittee As Needed Keighran and O'Mahony 32. Transportation Authority Re-elected 1/26/07 for O'Mahony two-year term 33. Utilities and Sustainability Task Force 3r Thursday of each Nagel (reports to C/CAG) month at BAWSCA conference room, San Mateo 34. Warrants Review Monthly review O'Mahony CITY 0 STAFF REPORT BURUNGAME AGENDA 8c ITEM# MTG. 9 DATE 12/1108 AATED DYNE H TO: HONORABLE MAYOR AND CITY COUNCIL sUBMITTE1/ BY / &/ DATE: Nov. 21, 2008 APPR ED FROM: Kathleen Gallagher BY SUBJECT: Green Building Program RECOMMENDATION: Concur with the recommendation of the Green Ribbon Task Force, the Community Development Director and Building Official to adopt the resolution authorizing the Green Building Program. BACKGROUND: Construction and operation of buildings produce about 40% of our greenhouse gas emissions and use a significant amount of energy, water and natural resources. The Green Ribbon Task Force recommends approval of the Green Building Resolution as a method to encourage residents to learn more about green building measures (such as installing energy efficient lighting, increased insulation, planting shade trees, using recycled content materials, etc.) in their residential construction projects. The resolution would direct staff to distribute the "Green Building Guidelines" (Attachment) and the"GreenPoint Checklist" (Attachment) to new residential permit applicants. The applicant would be required to review the `GreenPoint Checklist' and check off at least one `greenpoint' (green measure) that they plan to include in their project. The completed `GreenPoint Checklist' would be required before a building permit can be issued. There are 251 potential `greenpoints' to choose from and most projects can easily attain at least 35 points or more. The purpose of the resolution is to ensure easy attainment of the requirement of the resolution while also promoting green building alternatives and resources to residents and building professionals. It is likely that the Green Ribbon Task Force will recommend additional green building policies as part of the Climate Action Plan development in 2009 to further increase greenhouse reduction emissions. However, it is recommended tliat we begin with this education and promotion phase and completion of the `GreenPoint Checklist' prior to any significant mandatory requirements. By approving the resolution, Burlingame would join over 100 California jurisdictions that have approved green building programs to create more resource efficient buildings, reduce energy consumption, increase water conservation and create healthier indoor environments. Rationale for Recommendation 1. "Green Building" is defined as a whole-systems approach to the design and construction of buildings that reduces the environmental impacts of buildings. Green buildings minimize the use of energy, water, and other natural resources and provide a healthier indoor environment. By adopting the Green Building Resolution, Council is supporting the promotion and education of green building practices for future residential construction using a successful and proven method to promote green building. 2. The Community Development Director, Planning Manager and Building Official and consultant have met to discuss the green building program, and staff has reviewed and approved the resolution and recommends the effective date be January 1, 2009. Consultant and the GRTF will continue to collaborate with staff on assisting with green building promotion and education for residents and building professionals. 3. Recent reports about dwindling water supplies have motivated many cities to adopt green building policies. The National Home Builder's Association of Northern California, Association of Bay Area Governments and the Air Resources Board have endorsed the green building program that we will use in partnership with `Build it Green' a non-profit professional organization who have set the standard for quality residential green building in California. 4. The resolution's primary purpose is to promote green building practices and the requirement that permit applicants complete the"Single Family GreenPoint Rated Checklist" and meet a minimum number of one (1)point that is easily achieved by permit applicants. Most applicants are already completing many of these green building measures and residents may learn additional green measure they can include by the reading and completing the"Single Family GreenPoint Rated Checklist." 5. Adoption of the resolution can benefit Burlingame by reducing energy and water consumption, reducing utility costs and reducing green house gas emissions. The Resolution can assist Burlingame in meeting the goals of AB 32, "The California Global Warming Solutions Act"by reducing green house gas emissions. Green Building Program Procedures If council approves the resolution,permit applicants who apply for a permit after January 1, 2009 for new residential construction or remodels that are required to complete a"Waste Reduction Plan" are to also complete the"Single Family GreenPoint Checklist". The"Single Family GreenPoint Checklist"is a checklist or `report card' that tracks the green features that are incorporated into a home. The permit applicant is to complete the"Single Family GreenPoint Checklist" and achieve a minimum of one(1)point (green feature) on the Checklist. The completed `Single Family GreenPoint Checklist' would be required before a building permit can be issued. The completed "GreenPoint Checklist"is to be submitted at 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 review, then the applicant must submit the"Checklist"directly to the Building Division at the time of plan submittal. New Green Building Resources for Residents and Building Professionals Residents will have access to free green building resources, workshops, green product directories and guidelines on the "Sustainable Burlingame"website. www.burlingame.org/sustainable, Planning Division, Building Division and Community Development Department websites. The City provides the "New Home Construction Green Building Guidelines", "Home Remodeling Green Building Guidelines"Multi-Family Green Building Guidelines" and the "Single Family GreenPoint Checklist"on these websites or receive hard copies of these green building guidelines. Residents can get free green building technical assistance by calling the "Ask an Expert"or via email. Please see the attached Green Building outreach memo for additional information. Cost Discussion There will be minimal costs for the implementation of this program. The minimal costs will be incurred by additional staff time in distributing, collecting and discussing the "Single Family GreenPoint Checklist", "New Home Construction Green Building Guidelines", "Home Remodeling Green Building Guidelines" Multi-Family Green Building Guidelines" and other on line resources are obtained free of cost because the City of Burlingame is a member of`Build it Green', the non-profit, professional green building organization. Independent studies have shown that green buildings are the same or slightly higher(0.5% to 2.0%)to design and build compared to conventional construction but that the green building design results in life cycle savings of 20% of total construction costs. A recent study completed by the California Integrated Waste Management Board (CIWMB) showed that green buildings have an average return on investment of 20% over 20 years. Initial construction costs are zero or minimal when green building concepts are incorporated early in the design and planning phases. Next Steps If Council approves the resolution, staff is prepared to begin distribution and promotion of the "New Home Construction Green Building Guidelines", "Home Remodeling Green Building Guidelines"Multi-Family Green Building Guidelines" and the "Single Family GreenPoint Checklist" and other resources for new permit applicants who apply after January 1, 2009. ATTACHMENTS: A. Green Building Outreach Memo B. New Home Construction Green Building Guidelines C. Single Family GreenPoint Checklist RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE GREEN BUILDING PROGRAM RESOLVED,by the City Council of the City of Burlingame: WHEREAS,he City of Burlingame recognizes the need to promote a more sustainable community and the necessity to expand programs and policies that further sustainable practices; and WHEREAS, the City Council signed the United States Mayor's Climate Protection Agreement in 2007 and in doing so pledged to reduce greenhouse gas emissions in our community; and WHEREAS, the City of Burlingame needs to meet the greenhouse gas reduction requirements of Assembly Bill 32, the California Global Warming Solutions Act of 2006; and WHEREAS,the built environment is a leading contributor to greenhouse gas emissions in California cities and a green building program is an essential component of a greenhouse gas reduction strategy and can offer cost effective methods to increase water conservation and energy efficiency, reduce greenhouse gas emissions and improve indoor air quality; and WHEREAS, the California Building Standards Commission has adopted a Green Building Standards Code that has green building components that will be effective in 2010; and WHEREAS, the City of Burlingame has partnered with "Build It Green"; a professional, non-profit membership organization to educate and promote green building practices and developed resources for residents that include the "New Home Construction Green Building Guidelines", "Home Remodeling Green Building Guidelines", "Multifamily Green Building Guidelines" and the "Single Family GreenPoint Rated Checklist"; and WHEREAS, the City of Burlingame promotes green building by providing resources, green building guidelines and a Building Green workshop for residents and have expanded the "Sustainable Burlingame," Community Development Department, Planning Division and Building Division web pages to promote and educate residents.on green building; and WHEREAS,over 100 California jurisdictions currently have adopted green building policies and use the"Build it Green" green building program for residential programs and LEED (Leadership in Energy and Environmental Design) for commercial and municipal buildings; and WHEREAS, the City of Burlingame recognizes the importance of using the green building guidelines and the "GreenPoint Rated Checklist"to promote the incorporation of green building techniques into new home construction and remodels; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that: 1. The City Council directs staff to distribute or promote the "New Home Construction Green Building Guidelines", "Home Remodeling Green Building Guidelines" and Multifamily Green Building Guidelines (either through the Burlingame website or at the Planning Division or Building Division counters)to new permit applicants who apply for a permit after January 1, 2009; and 2. The City Council directs staff to require that permit applicants who apply for a permit after January 1, 2009 for new construction of a single family home or remodel that requires a "Construction and Demolition Waste Reduction Plan" must also complete the "Single Family GreenPoint Rated Checklist" and must meet a minimum of one (1)point (green measure) on the "Single Family GreenPoint Rated Checklist" for their project. The permit applicant is required to submit the completed"Single Family GreenPoint Rated Checklist" before a building permit can be issued for the project. The completed and signed"Single Family GreenPoint Rated Checklist" must be submitted at 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 review, then the applicant must submit the "Single Family GreenPoint Rated Checklist"directly to the Building Division at the time of plan submittal. Mayor I, DORIS MORTENSEN, 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 day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk To: Burlingame Residents and Building Professionals From: William Meeker,Community Development Director Date: January 1,2009 Subject: New Green Building Program Effective January 1,2009 On December 1,2008,the Burlingame City Council approved a resolution to encourage green building techniques in new residential construction and requires a new document, the"Single Family GreenPoint Checklist'be completed as part of the permit process for residents. Permit applicants who apply for a permit after January 1,2009 for new residential construction or remodels that are required to complete a"Waste Reduction Plan"are to also complete the"Single Family GreenPoint Checklist". The"Single Family GreenPoint Checklist"is a checklist or'report card'that tracks the green features that are incorporated into a home. The permit applicant is to complete the"Single Family GreenPoint Checklist"and achieve a minimum of one(1)point(green feature)on the Checklist. Permit applicants are required to submit the completed"Single Family GreenPoint Rated Checklist"before a building permit can be issued for the project.The completed and signed"Single Family GreenPoint Rated Checklist"must be submitted at 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 review,then the applicant must submit the"Single Family GreenPoint Rated Checklist"directly to the Building Division at the time of plan submittal To assist residents,Burlingame provides green building resources,green product directories,tools and guidelines on these websites: • The"Sustainable Burlingame"website www.burlingame.org/sustainable • Planning Division • Building Division • Community Development Department The City provides the"New Home Construction Green Building Guidelines","Home Remodeling Green Building Guidelines"Multi-Family Green Building Guidelines"and the"Single Family GreenPoint Checklist" on these websites and hard copies of these green building guidelines are also available for a fee. FrecuendyAsked Questions How do I complete the GreenPoints Checklist? 1. Go to the www.budingame.orq/sustainable and download the"Single Family GreenPoints Checklist,an Excel document,to your hard drive before adding points for your project. 2. Check the corresponding boxes of green building techniques on the Checklist that you will incorporate into your project. Please refer to your"New Home Construction Green Building 1 Guidelines'or the "Home Remodeling Green Building Guidelines" if questions on particular green techniques or call `Ask an Expert"for free green building technical assistance 510-845-0472 or email greenresourcecenter.org/AskAnExpert.php 3. Note that the document will automatically calculate the number of points for your project and you must meet a minimum of one point per project. Be sure to include the project address and submit as part of the Initial Plan Submittal for your project. Why does Burlingame encourage Green Building techniques? Burlingame recognizes the need to promote a more sustainable community and green building techniques enhance our natural environment by increasing energy efficiency, reducing greenhouse gas emissions,conserving water, preserving natural resources and providing healthier environments What about Green Building Costs? Recent studies show that building green reduces operating costs-especially in energy and water-and green design actually results in life cycle savings of 20%of total costs. Initial construction costs are minimal when green building concepts are incorporated early in the design and planning phases. Where do I get more Green Building Information? "Ask an Expert"Call for free green building technical expertise at 510-845-0472 or email greenresourcecenter.org/AskAnExpert.php Build It Green www.builditgreen.org Extensive green building information on: • Green building resources • Green building training and workshops • Green Home Tours • Building professionals can join the'Build it Green' Builders Council • AccessGreen Directory, an online directory of over 900 green building products and green building services at more than 1200 locations in the Bay Area, including direct links to green supplier's websites. RecycleWorks.or.q provides additional comprehensive information on green building and: • Solar electricity installations and hot water solar installations • Rebates, incentives and more • Landscaping and water conservation • Resources and Publications The City of Burlingame is a member of Build It Green, a professional non-profit membership organization whose mission is to promote healthy,energy and resource efficient buildings in California. 2 Single Family GreenPoint Checklist date: Build It Greed The GreenPoint Checklist is based on the various green features incorporated into the home and is the Smart Soluttcns: � he Ground Lip basis for the GreenPoint Rated program.A home can be considered green if it fulls the prerequisites, earns at least 50 points,and meets the minimum points per category: Energy(30), Indoor Air Quality/ Health(5), Resources(6),and Water(9). Please contact Build it Green for a list of qualified GreenPoint Raters if you are interested in pursuing third-party verification. The green building practices listed below are described in the New Home Construction Green Building ni F1 L- P vnv Guidelines,available at w.buikiitar2en.orq.City of Burlingame Project # p n a ( v w ¢ 3 A SITE Points Available Per Measure 1.Protect Topsoil and Minimize Disruption of Existing Plants 8 Trees ❑ a.Protect Topsoil from Erosion and Reuse after Construction 0 1 2 ❑ b.Limit and Delineate Construction Footprint for Maximum Protection _ 0 1 2.Deconstruct Instead of Demolishing Existing Buildings On Site 0 3 _..-....— - --- 3.Recycle Job Site Construction Waste(Including Green Waste) ❑ a. Minimum 50%Waste Diversion by Weight(Recycling or Reuse)- Required 0 R ❑ b.Minimum 65%Diversion by Weight(Recycling or Reuse) 0 2 ❑ a Minimum 80%Diversion by Weight(Recycling or Reuse) 0 — 2 4.Use Recycled Content Aggregate(Minimum 25%) ❑ a.Walkway and Driveway 0 2 ❑ b. Roadway Base - 0 r 1 Total Points Available in Site= 12 0 B. FOUNDATION Points Available Per Measure 1.Replace Portland Cement in Concrete with Recycled Flyash or Slag ❑ a.Minimum 20%Flyash or Slag 0 ❑ b.Minimum 25%Flyash or Slag D 1 2.Use Frost-Protected Shallow Foundation in Cold Areas(C.E.C.Climate Zone 16) 0 3 3.Use Radon Resistant Construction(In At-Risk Locations Only) J 0 1 4.Design and Build Structural Pest Controls ❑ a.Install Termite Shields 3 Separate All Exterior Wood-to-Concrete Connections by Metal or Plastic Fasteners/Dividers 0 1 b.Ali New Plants Have Trunk,Base,or Stem Located At Least 36 Inches from Foundation 0 1 Total Points Available in Foundation= 0 CLANDSCAPING " Pants Available Pereu e 1.Construct Resource-Efficient Landscapes ❑ a.No Invasive Species Listed by CaNPC Are Planted 0 1 ❑ b.No Plaid Species Will Require Hedging 0 i -- ❑ c.75%of Plants Are Drought-tolerant California Natives,Mediterranean,or Other Appropriate Species 0 3 Z.Use Fire-Safe Landscaping Techniques 0 1 3 Minimize Turf Areas in Landscape Installed by Builder ❑ a.All Turf Will Have a Water Requirement Less than or Equal to Tall Fescue(&.8 plant factor) ❑ b.Turf Shall Not Be Installed on Slopes Exceeding 10%or in Areas Less than 8 Feet Wide 0 i 2 ❑ c.Turf is X13%of Landscaped Area(total 2 points) 0 j 2 ❑ d.Turf is 9096 of Landscaped Area(total 4 points) 0 2 4.Plant Shade Trees 0 3 5.Group Plants by Water Needs(Hydrozoning) 0 2 6.Install High-Efficiency Irrigation Systems ❑ a System Uses Only Low-Flow Drip,Bubblers,or Low-flow Sprinklers 0 2 ❑ b.System Has Smart Controllers 0 3 —.—................-------- — - —......__. .. ............. 7.Incorporate Two Inches of Compost in the Top 6 to 12 Inches of Soil 0 3 8.Mulch All Planting Beds to the Greater of 2 Inches or Local Water Ordinance Requirement 0 2 9.Use 50%Salvaged or Recycled-Content Materials for 50%of Non-Plant Landscape Elements 0 1 10.Reduce Light Pollution by Shielding Fixtures and/or Directing Light Downward — 0 1 Total Points Available in Landscaping=31 0 (D.STRUCTURAL FRAME&BUILDING ENVELOPE Points Available Per Measure f 1.Apply Optimal Value Engineering ❑ a. Place Rafters and Studs at 24-Inch On Center Framing 0 1 ❑ b.Size Door and Window Headers for Load 0 t 1 ❑ c. Use Only Jack and Cripple Studs Req— -- - --- 2 Use Engineered Lumber ❑ a Beams and Headers '0. 1 Elb. Insulated Engineered Headers e --._._.............. - .............._-.... - 0 1 ❑ c.Wood I-Joists or Web Trusses for Floors 0 __ 1 ❑ d.Wood I-Joists for Roof Rafters 0 _ 1 ❑ e.Engineered or Finger-Jointed Studs for Vertical Applications 0 ❑ f.Oriented Strand Board for Subfloor _ 0 1 ❑ g.Oriented Strand Board for Wall and Roof Sheathing 0 1 3.Use FSC-Certified Wood ❑ a.Dimensional Lumber,Studs and Timber Minimum 40% 0 '. 2 ........— _................ . ..__. ❑ b. Dimensional Lumber,Studs and Timber Minimum 70% Elc. Panel Products:Minimum 40% 0 --- _2 0 ❑ d.Panel Products:Minimum 70% 0 1 4.Use Solid Wall Systems(Includes SIPS,ICFs,&Any Nonstick Frame Assembly) ❑ a.Floors 2 ❑ b.Walls --0-- -----. �. 2 2 n ©2007 Build It Green Single Family GreenPoint Checklist 2007 Version Page 1 of City of Burlingame • .o•- E m = Q U Q ee U c.Roofs 0 2 2 ' 5.Reduce Pollution Entering the Home from the Garage ❑ a Tightly Seal the Air Barrier between Garage and Living Area 0 1 ❑ b.Install G - _.. - .._....__ Garage Exhaust Fan OR Build a Detached Garage 0 1 I Ll 6.Design Energy Heels on Trusses(75%of Attic Insulation_Height at Outside Edge of Exterior Wall) 0 1 ❑ 7.Design Roof Trusses to Accommodate Ductwork 0 ! 1 1 LJ S.Use Recycled-Content Steel Studs for 90%of Interior Wall Framing 0 1 Q 9.Thermal Mass Walls:518-Inch Drywall on All Interior Walls or Walls Weighing more than 40lblcu.fL 0 i 10.Install Overhangs and Gutters - - ❑ a.Minimum 16-Inch Overhangs and Gutters 0 i t ❑ b.Minimum 24-Inch Overhangs and Gutters 0 1 - ---.....----.anti.--- _ ._._..... -......---.............. --.... ......_.. .-- --.-..-...-----.....: Total Points Available in Structural Building Frame and Envelope=36 0 E.EXTERIOR FINISH Pants Available Per Measure �. . __ ti._ ---._ _� - - _ 1.Use Recycled-Content(No Virgin Plast c)or FSC-Certified Wood Decking 0 2 LJ 2.Install a Rain Screen Wall System _ 0 _2 I 3.Use Durable and Noncombustible Siding Materials 0 1 El 4.Select Durable and Noncombustible Roofing Materials 0 2 --.... -- _........-- -...__.... ... ........_..------ ---- --...--... .-- ....... Total Points Available In Exterior Finish=7 0 k INSULATION Pants Available Per Measure . .-.... --... titan.. 1.Install Insulation with 75%Recycled Content ❑ a.Walls and/or Floors 0 1 ❑ b.Ceilings _ _ 2.Install Insulation that is Low-Emitting(Certified Section 01350) ❑ a.Walls and/or Floors 0 1 ❑ b.Ceilingsp 1 -....-- -.... ........ - ❑ 3.Inspect Quality of Insulation Installation before Applying Drywall 0 1 Total Points Available in Insulation=5 0 G.PLUMBING Points Available Per Measure 1.Distribute Domestic Hot Water Efficiently(Maximum 7 Points) ❑ a Insulate Hot Water Pipes from Water Heater to Kitchen 0 ( 1 1 tint ❑ b.Insulate All Hot Water Pipes 0 11 Elc.Use Engineered Parallel Piping 0 1 ❑ d.Use Engineered Parallel Piping with Demand Controlled Circulation Loop 0 1 ❑ e.Use Structured Plumbing with Demand Controlled Circulation Loop 0 1 2 ❑ f.Use Central Core Plumbing 0 ! 1 1 2 ❑ 2.Install Only High Efficiency Toilets(Dual-Flush or 9.26 gpf) 0 ! 4 Total Points Available in Plumbing=Total 12. 0 AIR CONDITIONING Pants Available Per Measttre 1.Design and Install HVAC System to RCCA Manual 1,D,and S Recommendations 0 , 4 2.Install Sealed Combustion Units ❑ a Furnaces 0 2 ❑ b.Water Heaters _ 0 2 i LJ 3.Install Zoned,Hydronic Radiant Heating with Slab Edge Insulation 0 1 1 LJ 4 Install High Efficiency Air Conditioning wkIn Environmentally Responsible Refrigerants 0 1 ' 5.Design and Install Effective Ductwork ❑ a Install HVAC Unit and Ductwork within Conditioned Space 0 3 ❑ b.Use Duct Mastic on All Duct Joints and Seams 0 1 ' ❑ c.Install Ductwork under Attic Insulation(Burred Ducts) 0 1 ❑ d.Pressure Balance the Ductwork System 0 1 El a.e.Protect Ducts during Construction and Clean All Duds before Occupancy 0 i , 6.Install High Efficiency HVAC Filter(MERV 6+) 0 ❑ 7.Don't Install Fireplace or Install Sealed Gas Fireplaces with Efficiency Rating Not Less Than 60% 0 1 using CSA Standards III.Install Effective Exhaust Systems in Bathrooms and Kitchens ❑ a install ENERGY STAR Bathroom Fans Vented to the Outside 01 El b.All Bathroom Fans Are on Timer or Humidistat 0 i ❑ c.Install Kitchen Range Hood Vented to the Outside 0 -F 1 9.Install Mechanical Ventilation System for Cooling(Maximum 4 Points) ❑ a Install ENERGY STAR Ceiling Fans&Light Kits in Living Areas&Bedrooms 0 1 1 ............ ❑ b.Install Whole House Fan with Variable Speeds 0 ❑ c.Automatically Controlled Integrated System 0 2 d.Automatically Controlled Integrated System with Variable Speed Control 0 3 10.Install Mechanical Fresh Air Ventilation System(Maximum 3 Points) ❑ a.Any Whole House Ventilation System That Meets ASHRAE 62.2 0 2 ❑ b.install Air-to-Air Heat Exchanger that meets ASHRAE 62.2 0 1 2 El 11.Install Carbon Monoxide Alarms) 0 t Total Points Available in Heating,Ventilation and Air Conditioning=30 0 I.RENEWABLE ENERGYPoints Availab�Per Measure ." a -- __ -- 1.Pre-Plumb for Solar Hot Watt er Heating.- g- -_--- _ 0 � 4 _ El 2.Install Solar Water Heating System 0 1 10 - ------------ 3.Install Wiring Conduit for Future Photovoltaic Installation&Provide 200 fP of South Facing Roof 2 4.Install Photovoltaic(PV)Panels - - - -- --------- ❑ a.30%of electric needs OR 1.2 kW(total 6 points) 0 6 b.60%of electric needs OR 2.4kW(total 12 points) 0 6 F-1 0 2007 Build It Green Single Family GreenPoint Checklist 2007 Version Page 2 of m City of Burlingame e s E c = c ❑ c.90%of electric need OR 3.6 kW(total 18 points) 0 6 I Total Available Points in Renewable Energy=28 0 — —... ---------- 13.BUILDING PERFORMANCE 1.Diagnostic Evaluations ❑ a House Passes Blower Door Test 0 1 ❑ b.House Passes Combustion Safety Backdraft Test 0 1 i 0% 2.Design and Build High Performance Homes-%above Title 24-minimum 15%Required 0 330 E] 3.House Obtains ENERGY STAR with Indoor Air Package Certification-Pilot Measure(Total 45 points;read comment) 0 S 2 Total Available Points in Building Performance=39 0 _ IC FIN TIES Points Available Per Measure 1.Design Entryways to Reduce Tracked in Contaminants 0 £ 2.Use Low-VOC or Zero VOC Paint(Maximum 3 Points) ❑ a.Low-VOC Interior Wall/Ceiling Paints(<50 gpl VOCs(Flat)and<150 gpl VOCs(Non-Flat)) 0 1 , ❑ b.Zero-VOC:Interior Wall/Ceiling Paints(<5 gpl VOCs(Flat)) 0 3 ❑ 3.Use Low VOC,Water-Based Wood Finishes(<250 gpl VOCs) 0 _ 2 ❑ 4.Use Low-VOC Caulk and Construction Adhesives(<70 gpl VOCs)for All Adhesives 0 2 ❑ 5.Use Recycled-Content Paint _ 0 1 6.Use Environmentally Preferable Materials for Interior Finish:A)FSC-Certified Wood,B)Reclaimed,C)Rapidly Renewable,D)Recycled. Content or E)Finger-Jointed _ ❑ a.Cabinets(50%Minimum) 0 �� 1 Elb.Interior Trim(50%Minimum) 0 1 ......._.. .. __._....._ ❑ c.Shelving(50%Minimum) 0 1 ❑ d.Doors(50%Minimum) 0 1 ❑ e.Countertops(50%Minimum) 0 1 7.Reduce Formaldehyde in Interior Finish(CA Section 01350) _ ❑ a.Subfloor&Stair Treads(50%Minimum) 0 1 ❑ b.Cabinets&Countertops(50%Minimum) 0 1 ❑ c.Interior Trim(50%Minimum) 01 E] d.Shelving(50%Minimum) 0 — 1 ❑ 8.Aker Installation of Finishes,Test of indoor Air Shows Formaldehyde Level c27ppb 0 3 — Total Available Points in Finishes=21 0 L,FLOORING Points Available Per Measure 1.Use Environmentally Preferable Flooring:A)FSC-Certified Wood,B)Reclaimed or Refinished,C)Rapidly Renewable,D)Recycled-Content, E)Exposed Concrete.Flooring Adhesives Must Have<50 gpl VOCs. ❑ a.Minimum 15%of Floor Area 0 1 ❑ b.Minimum 30%ofFloor Area0 1 ❑ c.Minimum 50%of Floor Area _ 0 1 ❑ d.Minimum 75%of Floor Area — — 0 1 ❑ t Thermal Mass Floors:Floor Covering Other than Carpet on 50%or More of Concrete Floors 0 1 ❑ 3.Flooring Meets Section 01350 or CRI Green Label Plus Requirements(50%Minimum) _ 0 _ 2 Total Available Points in Flooring=7 0 _ M.A— PPLIANCES AND LIGHTING Points Available Per Measure i 1.Install Water and Energy Efficient Dishwasher ❑ a.ENERGY STAR(total 1 point) 0 1 ❑ b.Dishwasher Uses No More than 6.5 Gallons/Cycle(total 2 points) 0 1. 2.Install ENERGY STAR Clothes Washing Machine with Water Factor of 6 or Less Ela.Meets Energy Star and CEE Tier 2 requirements(modified energy factor 2.0,Water Factor 6.0)(total 3 points) 0 1 2 ❑ b.Meets Energy Star and CEE Tier 3 requirements(modified energy factor 2.2,Water Factor 4.5 or less) 0 2 (total 5 points) _ 3.Install ENERGY STAR Refrigerator El a.ENERGY STAR Qualified&<25 Cubic Feet Capacity 0 1-, ............... ................ ......._..__ Elb.ENERGY STAR Qualified&<20 Cubic Feet Capacity 0 1 4.Install Built-In Recycling Center 0 ❑ a.Built-In Recycling Center 0 �— 2 ❑ b.Built-in_Composting_Center _ _ 0 1 Total Available Points in Appliances and Lighting=12 0 Nc OTHER' _Points Available Per Measure'° " ❑ 1.Incorporate GreenPoint Rated Checklist in Blueprints-Required 0 _ R ❑ 2.Develop Homeowner Manual of Green Features/Benefits 0 1 1 1 3.Community Design Measures&Local Priorities:See the Community Planning&Design sedan in Chapter 4 of the New Home Guidelines for measures.Maximum of 20 points for suggested measures.Local requirements may also be listed here. ❑ Enter description here,and enter points available for measure in appropriate categories to the right 0 0 0 D 0 I 0 ' ❑ Enter description here,and enter points available for measure in appropriate categories to the right 0 0 0 0 0 I 0 ❑ Enter description here,and enter points available for measure in appropriate categories to the right 0 0 I 0 0 0 ❑ Enter descnptlon here,and enter points available for measure in appropriate categories to the right 0 0 0 0 0 0 4.Innovation:List innovative measures that meet the green building objectives of the Guidelines.Enter up to a Build It Green Checklists and Guidelines maximum combined total of 20 pts.See Innovation Checklist for suggested measures,using the link to the right. Li Innovation in Community.Enter descnpton hereand enter points available for measure in appropriate categories to the right 00 0 0 0 0 El formation in Energy.Enter description here and enter points available for measure in appropriate categories.to the right 0 0 0 0 0 0 ❑ Innovation in IAQIHealdn-Enter description hereand ear posds available for measure in appropriate categories to the right 0 0 i 0 0 0 0 ©2007 Build It Green Single Family GreenPoint Checklist 2007 Version Page 3 of 4 City ofBurlingameo r E .moi 3 ❑ Innovation in Remrcesr'Enter description here,and enter points available for measure inappropriate categories to the right. 0 0 0 0 0 0 -— '—---' ❑ Innovation in Water.Enter description here,and enter points available for measure in appropriate categories to the right 0 0 0 0 0 ( 0 Total Available Points in Other=4 0 Total Available Points in Specific Categories*I 4+ 96+ ; 42+ . 66+ 43+ Minimum Points Required in Specific Categories 30 5 6 ? 9 ' TotalPoints Achieved t t t t 1t t Project has not yet met the following recommended minimum requirements: - Total Project Score of At Least 50 Points 0 2007 Build It Green Single Family GreenPoint Checklist 2007 Version Page 4 of 4 3u t s 4 Green Building Program f} Burlingame • December 2008 Green Ribbon Task Force (GRTF) Recommendation kh, t� GRTF recommends the Council adopt Resolution authorizing Green Building Program Purpose: • Educate Residents on Green Building Alternatives • Provide Cost —effective method to reduce Greenhouse Gas Emissions (GHG) • Establish participation in regional program/Consistency for building community • Use best practices used by 100 CA jurisdictions (ABAG, NCHBA) 2 What is Green Building? - 1k61 to Green Building Designed and Constructed to : • Increase Energy Efficiency • Conserve Water & Natural Resources • Improve Indoor Air Quality • Use Recycled Content Materials e Natural Da• li ' • Us ht/Solar y g + •z A. F i 4 .5°11•-s. .". r x Why Green Building? U S", BUI LD I N GS 3 9 of i IMPACTS - RESOUR4 FF % of electricity consumption 3 n 0/ 3 no/ i of raw materialsuse 30w/0 of 12 /0 of potable water consumption 4 Green Building Resolution GRTF recommends the Council adopt Resolution authorizing Green Building Program • Directs Staff to Distribute "Green Building Guidelines" & "GreenPoint Checklist" to New Permit Applicants • Requires Applicant to Complete GreenPoint Checklist with one (1 ) 'GreenPoint 3 • Completed GreenPoint Checklist with 1 GreenPoint required prior to permit issuance Goal: Educate & promote green building alternatives while allowing easy attainment of Resolution's requirement 5 Green Building Promotion • Burlingame in Partnership with Build It Green • Successful Program Developed by Building Professionals, Public Agencies / Wide Range of Stakeholders • Build It Green provides workshops, training • Green Building Guidelines & GreenPoint Checklist— Living Documents updated by Build It Green Minimizes staff time to administer program and keep documents current 6 Green Building Resources for Residents • Expanded Burlingame Website: "Building Green in Burlingame" • Expanded "Sustainable Burlingame" Site • Free Green Building Resources, Green Product Directories • Free Access to "Ask An Expert" Green Technical Assistance • Workshops at Green Building Exchange 7 Costs for Green Building Program • Minimal costs to implement, administer program (Distribute guidelines, checklists) • Staff to ensure 1 `GreenPoint `for permit issuance • Build It Green updates documents saving staff time/cost • Costs for residents to complete one `GreenPoint' is no/low costs • Green Building reduces energy and water costs 8 Examples of GreenPoints C S i M i 9 Examples oƒ GreenPoints . : . .dam e . .». .w. 10 Next Steps if Council Approves • Program would begin January 1 , 2009 • `Building Green in Burlingame' website expansion • Community memo introducing program • Promote free workshops � x Si q� 11 Agenda Item# 9 a Meeting BURLINGAME STAFF REPORT Date: December 1, 2008 SUBMITTED B APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: November 20, 2008 FROM: PUBLIC WORKS SUBJECT: RESOLUTION APPROVING USE OF FY 2008-09 ALLOCATION OF PROPOSITION 1 B FUNDS FOR THE 2009 STREET RESURFACING PROGRAM RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing use of 2008-09 allocation of Proposition 1 B funds for the 2009 Street Resurfacing Program. BACKGROUND: In November 2006, State voters approved the Proposition 1B Legislative Bond Act to provide $19.9 billion to fund State and local transportation improvement projects. Subsequently the State Legislature passed Assembly Bill 196 to authorize distribution of funds to cities and counties within the State. Burlingame is expected to receive approximately $887,000 in total Proposition 1 B funding. The City has already received $461,089 for FY 2007-08 and is expected to receive $426,173 for FY 2008-09 funding. DISCUSSION: In order to receive the funds, the State Department of Finance requires that cities and counties approve projects by resolution. Staff plans to utilize the second installment towards the 2009 Street Resurfacing Program which includes: Almer Road, East Lane, Cabrillo Avenue, Neuchatel Avenue, 1400 block Cortez Avenue and 1000 block Capuchino Avenue (see attached map). These streets are identified as top priority in our street resurfacing program. The construction is anticipated to begin in spring of 2009. FISCAL IMPACT: None. EXHIBITS: Resolution, Map of Street Resurfacing Program c: City Clerk Donald Chang Sr. Civil Engineer SAA Public Works Directory\StaffReports\Prop 1B Resolution09.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING PROJECTS FOR PROPOSITION 113(LEGISLATIVE BOND ACT)FOR 2008-09 RESOLVED,by the City Council of the City of Burlingame: WHEREAS,in November 2006,the voters of California approved Proposition 1 B (Legislative Bond Act)to provide funding for State and local transportation projects;and WHEREAS,the City may receive approximately$426,173 in 2008-09 from this funding; and WHEREAS,the State Department of Finance requires formal approval of the projects proposed by the City for Proposition 1 B funding;and WHEREAS,the City understand that any Proposition 1 B funds made available to the City must be spent with three(3)years of allocation;and WHEREAS,the following project is in the public interest,is eligible for Proposition 1 B funding,and would begin construction in 2009; 2009 Street Resurfacing Project,which includes Almer Road,East Lane,Cabrillo Avenue,Neuchatel Avenue,1400 block of Cortez Avenue and 1000 block of Capuchino Avenue NOW,THEREFORE,IT IS RESOLVED AND ORDERS: 1. The City Council hereby approves the following project for the second installment of Proposition 1 B funding: 2009 Street Resurfacing Project,which includes Almer Road,East Lane,Cabrillo Avenue,Neuchatel Avenue,1400 block of Cortez Avenue and 1000 block of Capuchino Avenue 2. The Director of Public Works and the City Clerk are directed to forward a certified copy of this resolution to the State Department of Finance as may be required. MAYOR 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 day of ,2008,and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK CITY STAFF REPORT SURUNGAME AGENDA ITEM# 9b 'k MTG. 12/1/08 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTEDBY DATE: December 1 2008 APPROVED FROM: Deirdre Dolan,Human Resources Director BY SUBJECT: Approve Reclassification of Human Resources Specialist P4ition RECOMMENDATION: Staff recommends that the Council approve the proposed reclassification of the Human Resources Specialist position to Human Resources Specialist I/II, with the salary range for each position as noted below. BACKGROUND: The Human Resources Department consists of three full time staff positions: Human Resources Director, Human Resources Specialist, and Human Resources Assistant. The Human Resources Specialist position is the journey level professional position that performs a wide variety of professional, administrative, analytical, and coordination duties in support of human resources functions and programs, including recruitment, compensation, benefits, employee and labor relations, training, workers compensation, and occupational safety. The Human Resources Specialist position is currently vacant, and staff plans to conduct a recruitment for this position in the near future. In order to maximize the City's recruitment opportunities, and enhance retention for the position in an otherwise very small department, staff proposes to create two classification levels: Human Resources Specialist I and H. The HR Specialist I is the entry level in the class series. Incumbents would perform the full range of duties assigned to the Human Resources Specialist position, but would not be expected to perform with the same level of independence of direction and judgment as are incumbents assigned to the Human Resources Specialist 11 position. Assignments are less complex and incumbents work under closer supervision while learning tasks. The HR Specialist I position requires a Bachelor's degree in a related field and at least one year of prior experience in human resources administration. The HR Specialist II is the full journey-level class, and is a professional-level position involving the full scope of responsibilities for technical and professional human resources functions. The HR Specialist II requires a Bachelor's degree in a related field and at least three years of experience in human resources administration. A full description of the duties and requirements of the proposed HR Specialist 1/II classification is attached. The current Human Resources Specialist position is compensated at the HR Specialist II level. Creation of the HR Specialist I level would create an entry level professional classification in which incumbents could over time gain the experience necessary to advance to the HR Specialist II level. Depending upon the qualifications of the applicants, the department could fill the position at either the I or H level, thereby maximizing the recruitment opportunities. The salary range for the HR Specialist II position would remain equivalent to the current HR Specialist position($6,125 to $7,446 per month). The proposed salary range for the HR Specialist I position($5,568 to $6,769 per month) is 10%below the HR Specialist II position. BUDGET IMPACT: The proposed reclassification would result in no increase in cost. If the position is filled at the HR Specialist I level, there would be a 10% cost savings due to the lower salary range. ATTACHMENTS: Human Resources Specialist ILII Job Description CITY OF BURLINGAME HUMAN RESOURCES SPECIALIST UII Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position. DEFINITION: To perform a variety of responsible professional, administrative and analytical assignments in a variety of human resources program areas including recruitment, selection, classification, salary administration, employee benefit administration, labor and employee relations, training, workers' compensation, and occupational health and safety. DISTINGUISHING CHARACTERISTICS: Human Resources Specialist I: This is the entry-level class in the Human Resources Specialist series. This class is distinguished from the Human Resources Specialist II class by the performance of more routine professional tasks and duties, and less than the full range of duties as assigned to the journey level class in this series. Employees at this level are not expected to perform with the same level of independence of direction and judgment as are tasks assigned to the Human Resources Specialist II position. As this is an entry-level class, assignments are less complex and incumbents work under close supervision while learning tasks. Human Resources Specialist II: This is the full journey-level class in the Human Resources Specialist series, and is a professional-level position involving the full scope of responsibilities for technical/professional human resources functions. This class is distinguished from the Human Resources Specialist I position in that incumbents are able to perform the full range of duties, as assigned, independently and with only occasional instruction or assistance as new or unusual situations arise. Positions in this class are flexibly staffed and are normally filled by advancement from the I level,or,when filled from the outside,require prior professional human resources experience. SUPERVISION RECEIVED/EXERCISED: Human Resources Specialist I: Receives direct supervision from the immediate supervisor. Responsibilities may include lead supervision of technical and clerical staff. Human Resources Specialist II: Receives general supervision from the department head. Responsibilities may include direct supervision of technical and clerical staff. ESSENTIAL FUNCTIONS: (include but are not limited to the following) Plans, coordinates, and assists in administration of human resources program areas such as recruitment, selection, classification, salary administration, employee benefit administration, labor and employee relations,training,workers' compensation,and occupational health and safety. HUMAN RESOURCES SPECIALIST 1/11 Page 2 • Counsels and advises employees, supervisors, department heads and the public on matters related to human resources program areas. • Prepares written memos, letters, reports, class specifications,job announcements, policies, procedures, and publications for effective communication with internal and external customers. • Interprets and applies rules, regulations, MOU's, policies and procedures and court decisions related to human resources administration; drafts policies and procedures as may be required to ensure compliance; monitors changes in the laws and regulations and makes recommendations for compliance. • Performs analysis and recommends actions on various aspects of human resources administration; develops statistics and engages in research in preparation of policies and procedures; prepares reports and supporting documentation as required. • Assists in the labor negotiations process and in employee relations matters and functions; performs research and provides analysis in support of the labor negotiations process and employee relations matters. • Participates in the development, execution, and analysis of various compensation, classification and benefits studies and surveys; conducts job analysis and develops new or revised classification specifications. • Works with departments on personnel issues, staffing needs, and interpretation of personnel policies, procedures,and MOUs. • Participates in the evaluation of training needs for departments and the City; identifies training opportunities and resources;develops and presents training programs as required. • Participates in the development and administration of the department budget. • Respond to complaints and requests for information from the public and City staff, research requested information and determine appropriate resolutions. • Serves as chairperson and/or member of various City committees; coordinates and leads various employee events. Represents the department and/or the City in interdepartmental, community and professional meetings as required;make presentations as necessary. • Attends and participates in a variety of professional association meetings; stays abreast of trends and innovations in the field of human resources. • Establishes positive working relationships with co-workers, other City staff, outside agencies and the public using principles of good customer service. • Performs related duties as assigned. KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS's necessary to perform essential duties of the position) Knowledge of: HUMAN RESOURCES SPECIALIST 1/11 Page 3 Modern principles and practices of human resources administration, including recruitment, benefits, classification and compensation, workers' compensation and safety, training and staff development; modern principles and practices of labor and employee relations; legal requirements, state and federal employment laws and court decisions affecting employment practices; modern office procedures, methods, and computer equipment; arithmetic and basic mathematical and statistical calculations; effective styles of oral and written communication; English usage,spelling,punctuation and grammar; computer software including word processing, spreadsheet, and database applications, as well as a human resource information system. Ability to: Perform complex human resources work with increasing independence; handle and prioritize a variety of assignments and meet deadlines;interpret city personnel rules,regulations,MOUs,and policies;write clear and concise reports,memoranda and correspondence,and make effective oral presentations;conduct organizational,procedural and statistical research studies and analyses and prepare and maintain confidential,technical, and statistical records and reports;use initiative and sound independent judgment within scope of responsibility; analyze situations objectively and determine proper course of action;interact with personnel at all organizational levels and function in stressful and/or confrontational situations;communicate clearly and concisely,both orally and in writing in proper English;establish and maintain effective working relationships. Skill to: Operate standard office equipment, including a computer; use a variety of software applications including word processing, spreadsheet and database programs, and human resource information systems; QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification) Education and/or Experience: Human Resources Specialist L Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for a Human Resources Specialist. A typical way of obtaining the required qualifications is to possess one year of responsible experience in human resources administration, and the equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, human resources management, or a related field. Human Resources Specialist IT Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for a Human Resources Specialist. A typical way of obtaining the required qualifications is to possess three years of responsible experience in human resources administration, and the equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, human resources management, or a related field. License/Certificate: Possession of,or ability to obtain,a valid California driver's license. HUMAN RESOURCES SPECIALIST 1/11 Page 4 PHYSICAL,MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping,repetitive hand movement and fine coordination in preparing statistical reports and data using a computer keyboard. Additionally, the position requires near vision in reading correspondence, statistical data, and using a computer. Acute hearing is required when providing phone and personal service. The need to lift,drag, and push files,paper,and documents weighing up to 25 pounds also is required. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations. BIfRLfNGAME STAFF REPORT AGENDA ITEM# 9c MTG. 12/1/08 DATE TO: HONORABLE MAYOR AND CITY COUNCIL sUB TTED BY ✓ C( DATE: November 20, 2008 APPR D FROM: Parks& Recreation Director (558-7307) BY l�G� SUBJECT: APPROVAL OF THE RESOLUTION APPRO G THE LEASE WITH THE BURLINGAME LIONS CLUB FOR 990 BURLINGAME AVENUE RECOMMENDATION: Staff recommends that Council approve the lease agreement with the Burlingame Lions Club for the City property at 990 Burlingame Avenue. BACKGROUND: The City leased the property located at 990 Burlingame Avenue to the Burlingame Lions Club in 1979 to use for its meetings, functions and rentals to the community. The Club has made many improvements to the facility since that time and has conducted hundreds of community service activities. The lease is due to expire in 2009 and the facility is in need of improvements. Renewing the lease at this time will allow the Lions Club to begin making the improvements knowing they will continue to occupy the facility. Changes to the lease include: • City use of the facility for up to three one-day City events each year at no cost; • On the first of each month, the Club shall provide a calendar of scheduled activities to the Parks &Recreation Department and the Police Department; • City shall have the right to utilize the premises for emergency purposes in the event of an emergency or disaster, reimbursing Club for any lost revenues for scheduled events; • Club shall maintain the premises, at its expense, in good condition and repair and in conformance to all codes and laws including the Americans with Disability Act. The initial term of the lease shall expire on December 1, 2028 and the Club shall have the option to extend the lease for an additional 10 years. The City has the right to terminate this lease with six months written notice to the Club. BUDGET IMPACT: There is no significant impact on the City's budget. The lease of$1.00 per year is offset by the Club's obligation to make repairs to the facility and maintain it in good condition. ATTACHMENTS: A. Resolution of the City Council of the City of Burlingame Approving the Lease with the Burlingame Lions Club for 990 Burlingame Avenue ATTACHMENT "A" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE LEASE WITH THE LIONS CLUB FOR 990 BURLINGAME AVENUE RESOLVED,by the City Council of the City of Burlingame: WHEREAS,the City and the Lions club have had a 30 year lease for 990 Burlingame Avenue and the parties wish to enter into a new lease for the site on the terms and conditions set forth in the Lease; NOW, THEREFORE,IT IS DETERMINED AND ORDERED that: I. The lease attached hereto between the City of Burlingame and the Lions Club for 990 Burlingame Avenue is approved. Mayor City Attorney Approval: I, DORIS MORTENSEN, 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 Ist day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk LEASE THIS LEASE, entered into this day of 52008 between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as "City", and the BURLINGAME LIONS CLUB, hereinafter referred to as "Lessee"; Recitals A. In 1979 City and Lessee entered into a lease for the premises that is now nearing the expiration date. City and Lessee wish to continue the mutually beneficial relationship and release the premises on the terms and conditions set forth below which assure that necessary improvements will be made, that the premises will be maintained,that the premises will be made available to the public and City, and that the premises will continue to serve Lessee. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,the parties hereto agree as follows: 1. Leased Premises (a)Description. The leased premises, referred to as "premises", consist of that certain real property located in the City of Burlingame at the intersection of Burlingame Avenue and Myrtle Road and having a street address of 990 Burlingame Avenue, including all structures and fixtures appurtenant thereto. The premises do not include personal property or any of the adjacent parking lots. The leased premises are shown on Exhibit A attached hereto. (b) Condition. Lessee shall accept the premises in an"as is" condition on the date Lessee takes possession hereunder and agrees that City shall have no obligation to improve, repair, restore, refurbish or otherwise incur any expense in improving and/or changing the condition of the premises at such time or thereafter. Lessee acknowledges that it has been in possession of the premises for nearly 30 years and that consequently it is fully aware of the condition of the premises and further that its representatives have inspected the building and all appurtenant facilities, have reviewed City documents pertaining to its current condition, and have otherwise become fully acquainted with the physical state of the premises. 2. Landscaping Lessee shall protect existing shrubbery from damage during reconstruction. Any shrubs which are removed shall be replaced with similar planting. 3. Rental Lessee shall pay to the City the sum of$1.00 per year for the use and occupancy of said premises on the execution of this agreement and upon each anniversary thereafter during the term of this agreement or any extension thereof Said rental may be paid in advance for any number of years. 4. Purposes (a) The parties agree that the leased premises shall be used for the general purposes of planning and holding meetings, service clubs and civic activities, recreational activities and other uses of the building similar to those of City's Recreation Center. The premises shall be available for use by the public and for private activities and events, subject to scheduling by Lessee. A schedule of rates and charges which shall approximate those which are charged by City for similar facilities shall be established by Lessee and a copy provided to City; any changes thereto shall be transmitted to City. On the first of each month Lessee shall provide a calendar of the scheduled activities within the building to City's Parks &Recreation Department and Police Department; the departments shall be informed as soon as possible of changes or additions to the schedule. Crowd control, security, and reasonable supervision shall be provided by Lessee for events; the Police Department/Parks &Recreation Department may require specific levels of control, security, and supervision. (b) City shall have the right to use the premises for up to 3 one-day City events each year. City shall schedule the events in advance with Lessee. Lessee shall not charge City for such events. (c) City shall have the right to utilize the premises for emergency purposes in the event of an emergency or disaster. City shall reimburse Lessee for any lost revenues for scheduled events deducting therefrom the cost that would have been incurred for maintenance/janitorial. (d) Prohibited activities. Lessee agrees not to use the premises for or carry on or permit any offensive, noisy, or dangerous activity, or any nuisance, or anything against public policy. Lessee further agrees that it will not use or permit the use of the premises for any purpose which would increase existing rates of insurance, or cause cancellation of any insurance policy carried by City or Lessee. Lessee agrees to comply with and conform to all laws and ordinances, municipal, state, federal or other governmental board or authority, including City rules for Washington Park, present or future, relating to the condition, use or occupancy of the premises, and it shall take precautions to prevent fire on the premises, maintaining adequate fire detection procedures and suppression equipment at all times. (e) Adjacent parking. Lessee acknowledges that the premises are located among City facilities and within parking facilities used by the public. Lessee agrees to cooperate with City in the coordination of parking uses between City and Lessee's activities. City reserves the right to promulgate reasonable rules and regulations with respect to parking on adjacent premises as City shall deem appropriate. Lessee, its agents, employees, and/or all others using said building, shall recognize and abide by such rules and regulations and shall cooperate with City in the enforcement thereof. (f) Staffing_Lessee shall at its expense furnish staff for the maintenance and operation of the building during the term of this lease and shall provide at its expense all utilities, including garbage collection, gas, electricity and water. (g) Maintenance. Lessee shall maintain the premises, at its expense, in good condition and repair satisfactory to City and in conformance to all codes and laws. Remodeling or other major improvements may be performed from time to time, but must receive City approval prior to commencement of any work; City shall not unreasonably withhold such approval. City may give written notice to Lessee of any unsatisfactory maintenance or repairs, and, if those maintenance or repairs are not performed within thirty(30)days of said notice, City shall have the right to enter upon the leased premises and perform such maintenance and repairs without further notice and at the sole expense of Lessee. All such expenses shall be paid by Lessee within thirty(30) days after submission to Lessee of an invoice for such expenses. 5. Term—Possession The initial term of this lease shall be for a period of twenty(20) years commencing December 1, 2008, and expiring December 1, 2028. Lessee is granted the option to extend the initial term of this lease for a ten(10)year period provided Lessee is not in default hereunder at the time of the exercise of the option and at the time the commencement of the extended term created by the exercise of the option. Lessee shall give written notice of the exercise of the option to City not less than six(6) months prior to the expiration of the initial term. 6. Recovery of Possession by City City may terminate this lease without any obligation in eminent domain or otherwise, if the City Council approves removal and/or destruction of the leased building as part of a change to Washington Park or City's recreation facilities. City shall be required to provide in writing at least 6 months notice to Lessee. City agrees that prior to any such acquisition of Lessee's interest, Lessee shall have the option to remove all or any part of the fixtures to another location at Lessee's sole expense. Within sixty(60) days after notice, Lessee shall notify City in writing if it wishes to exercise said option. If such notice is sent to City, Lessee shall complete all removals within one hundred twenty(120) days thereafter. Further, City and Lessee shall appraise the depreciated value of improvements that have been made to the leased premises with City's approval during the term of this lease(not earlier leases) and shall reimburse Lessee for that value 7. Records Lessee shall keep true and accurate records, accounts and books of all rentals of the premises, including names of renters and the rental charges. City shall be entitled upon reasonable notice throughout the term of this lease to review said records. 8. Abandonment Lessee shall not vacate or abandon the premises at any time during the term hereof, and, if Lessee shall abandon, vacate or surrender the premises or be dispossessed by operation of law or otherwise, any personal property belonging to Lessee and left upon the premises shall, at the option of the City, be deemed to be abandoned. 9. Liens Lessee shall keep the premises and the improvements thereon free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by Lessee, its employees, agents or contractors, and Lessee agrees to reimburse City for any attorneys' fees incurred in defense of proceedings to remove, enforce, or foreclose such liens. 10. Taxes During the term of this lease,Lessee agrees to pay prior to delinquency all taxes and assessments, both general and special, levied or assessed against the premises and in connection with the premises and Lessee's operation thereof. Lessee is hereby put on notice that the interest created in Lessee by this agreement may be subject to possessory interest taxes under the laws of the State of California, and that by the terms of this agreement Lessee shall be liable for such taxes. It is understood, however, that Lessee may pay any such taxes or assessments under protest, and without liability, cost or any expense to City in good faith contest the validity or amount thereof. In the event that Lessee shall be unsuccessful in any such contest, such taxes and any interest and/or penalties resulting therefrom shall be discharged by Lessee prior to execution. Lessee agrees to hold City harmless from all costs, expenses and penalties that may result from Lessee's contest. 11. Signs, Sound Systems,Lighting Lessee shall not permit,allow or cause to be erected, installed, maintained or used on or at the premises or any part thereof, any exterior advertising devices such as public address systems, sound reproduction devices or moving lights without the prior consent of City. All signs shall conform to City codes. 12. Liability Insurance At its own cost and expense Lessee shall procure and maintain in full force and effect throughout the term of this lease commercial general liability insurance, insuring Lessee, the City and their respective directors, officers, agents and employees with minimum limits of liability of$1,000,000 per occurrence and with an aggregate of not less than$2 million. 13. Casualty Insurance Lessee agrees at Lessee's cost and expense to keep the premises insured against loss covered by fire and extended risk insurance, vandalism, and malicious mischief insurance in an amount equal to at least eighty per cent(80%) of the full replacement value thereof. The said replacement value shall be determined at the time said insurance is initially taken out, and Lessee shall promptly notify City in writing of such determination, provided City or Lessee may at any time,but not more frequently than once every two lease years,by written notice to the other, request the replacement value of the structures and improvements to be redetermined at Lessee's expense. Said insurance policy or policies shall be issued in the names of City and Lessee as their interests appear. In the event of damage or destruction to the premises during the term hereof, notwithstanding the cause or causes thereof, Lessee shall forthwith repair, restore or rebuild the structure and/or improvements to the same condition immediately before such injury, damage or destruction regardless of whether such damage or destruction was insured against or whether the amount of insurance proceeds, if any, payable by reason of such damage or destruction is sufficient to cover the cost of repairing, restoring or rebuilding. 14. Insurance Certificates and Maintenance All insurance shall not be subject to cancellation or exchange except after at least thirty (30)days' prior written notice to City, and the policies or duly executed certificates for them shall be deposited with the City upon the commencement of the term hereof or upon renewal of said policies. Should Lessee fail to effect,maintain or renew any kind of insurance herein required of Lessee in the required among or to pay the premiums thereon, or deposit with City the certificates thereof as hereinabove provided,then, in any of said events, City, at City's option but without obligation to do so, may procure such insurance, and any sums expended by City for such insurance, plus ten per cent(10%) overhead, shall be repaid by Lessee to City, and, if not paid on demand, said total amount shall accrue interest at the rate of six per cent(6%)per annum until paid. Lessee hereby agrees that any policies herein required shall be primary policies insurance. The insurance policies shall be endorsed to name the City, its elected and appointed officers, agents, and employees as additional insureds. It is agreed that the limits of insurance specified above are minimum amounts and as circumstances change during the term hereof, City may from time to time require revisions and changes in the foregoing insurance requirements, and Lessee agrees to comply with such requirements. 15. Workers Compensation, Social Security, etc. Lessee shall acquire and maintain in full force throughout the term hereof workers' compensation insurance and unemployment compensation insurance to the extent necessary for Lessee's operations upon the premises. All policies under this paragraph shall be written by companies satisfactory to City and contain provisions that written notice of cancellation or change in the policy shall be delivered to City at least thirty(30) days prior to the effective date of the same. 16. Hold Harmless and Indemnity Lessee agrees to hold harmless, defend and indemnify City, its elective and appointed boards, officers, agents and employees, from and against all liabilities, costs and expenses for loss of or damage to property and for injury to or deaths of persons (including, but not limited to, the property and employees of each party hereto) which may arise from Lessee's use and operation of the leased premises, including Lessee's rental of the property to other persons, or the breach of the provisions of this lease, including but not limited to Lessee's active or passive negligence; this provision shall not apply to such liabilities arising from actions of City, its employees or agents during uses of the premises for City purposes. 17. Default In the event Lessee shall not properly clear up any default by the Lessee hereunder, to wit, a material breach of the performance or observance of any tern, condition or covenant of this lease, within thirty (30) days after receipt of written notice of such default from City, City shall have the right to terminate this lease forthwith and to retake possession of the premises. Waiver of any default shall not be construed as a waiver of any subsequent or continuing default. Termination of this lease shall not affect any liability by reason of any act, default or occurrence prior to such termination. 18. Restoration of Premises Upon the expiration or termination of this lease, or any extension or renewal thereof, Lessee, without further notice, shall deliver up to City the possession of the leased premises. In the event of failure or refusal of Lessee to surrender possession of said leased premises, City shall have the right to re-enter upon said leased premises and remove Lessee or any person, firm or corporation claiming by, through or under Lessee. Lessee shall not remove any improvements affixed to the building without the written permission of City. 19. Attorneys' Fees In case either party shall successfully bring suit to compel performance of, or to recover for breach of any covenant, condition or agreement herein, the losing parry will pay to reasonable attorneys' fees in addition to the amount of judgment and costs. 20. Holding Over In case Lessee holds over the term of this lease with the consent of City, such holding over shall be deemed a tenancy only from month to month upon the same terms and conditions as herein stated. 21. Time of the Essence Time and specific performance are each of the essence of this lease. 22. Heirs, Successors and Assigns Each and every covenant,term and condition contained herein shall be binding upon and inure to the benefit of the parties, its heirs, successors and assigns. 23. Notices All notices required to be given hereunder shall be in writing. Such notices shall be sent by United States certified mail, postage prepaid, addressed to Lessee at: Burlingame Lions Club P.O. Box 206 Burlingame, CA 94011-0206 and to City at: City of Burlingame City Manager 501 Primrose Road Burlingame, CA 94010 or at such other place as either City or Lessee may from time to time, respectively, designate in writing notice given to the other. 24. Assignment and Subletting Lessee shall not assign this lease or any part thereof, nor sublet the leased premises or any portion thereof, for the consecutive, continuous and exclusive use of any person for longer than seven(7)days, without the prior written consent of City. Any assignment or subletting prohibited hereunder without the consent of City shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their duly authorized officers the day and year first above written. CITY OF BURLINGAME BURLINGAME LIONS CLUB By By Mayor Its ATTEST: APPROVED TO FORM: City Clerk City Attorney CITYAGENDA 9d A� 0 ITEM# BURUMGAME STAFF REPORT MTG. DATE: December 1,2008 TO: Honorable Mayor and City Council Members SUBMITTED BY: Jack Van Etten, Chief of Police DATE: October 23, 2008 APPROVED FROM: Jack Van Etten, Chief of Police BY. Jim Nantell, City Manager SUBJECT: Resolution Authorizing Adjustment in Municipal Code Parking Fines RECOMMENDATION It is recommended that the Burlingame City Council adopt a Resolution authorizing an adjustment to increase Municipal Code parking violation fines. BACKGROUND AND DISCUSSION The City of Burlingame hasn't raised its Municipal Code parking fines for approximately 6 years. Although the City already has multiple Municipal Code violations for which the fines range from $10 - $25 (prohibited parking zones, excessive height violations, not curbing wheels, performing repairs on the street, and parking in excess of 72 hours, etc.), Staff is proposing raising all fines to $35. A recent parking fine survey performed by the City of San Carlos of parking fines on the Peninsula provided two important findings: • A Number of other cities throughout the area have parking fines that average $35 or more • Burlingame has the lowest parking fine rate of the surveyed cities Agency Average Fine for Violation Los Gatos Police $41.00 Daly City Police * $35.00 Menlo Park Police $35.00 San Carlos Police $35.00 Belmont Police $28.00 Foster City Police $28.00 Redwood City Police * $27.00 San Bruno Police $25.00 Burlingame Police * $22.00 Average of Surveyed Cities $30.00 * - Cities with Parking Meters Staff believes that the Cities of San Carlos and Menlo Park provide a good comparison with Burlingame due to the fact that both population and downtown demographics are similar. At the time of this report, a number of other cities are considering similar parking fine increases. The Cities of San Mateo and San Bruno are currently researching to also increase their parking fines to$35.00. If these two cities increase their parking fines from an average of $25.00 to $35.00, then the average of surveyed cities would increase from the average to$32.00. The primary purpose of parking fines is to discourage illegal parking and the negative consequences associated with illegal parking. This is true for any illegal parking, but it's especially true in both of our Burlingame and Broadway Business District Areas. Our parking philosophy is to support our businesses and insure parking space availability. This is accomplished by education, information and enforcement, insuring that there is adequate parking space turnover for our shopping patrons. Overtime parking, loading and red zone violations,parking out of designated lanes,and other related parking violations create an adverse impact on commerce,traffic and community safety in Burlingame.When fines are set too low,they are not an effective deterrent to illegal parking behavior. The parking fines recommended in this staff report are in line with the parking fine levels in several other communities and are high enough to sufficiently serve as an effective deterrent to illegal parking. It is important to note that this recommendation does not increase the existing rates our shoppers or visitors pay for parking. Additionally, staff believes that this recommendation will not have an adverse impact on businesses in the Burlingame, Broadway and surrounding Shopping Area Districts. The recommended increases only affect those persons who violate our Municipal Code parking regulations, which in-turn adversely affects our community. BUDGETIMPACT Approximately$360,000.00 of increased revenues to the City of Burlingame. ATTACHMENTS 1)Resolution 2)Exhibit"A"—Proposed Parking Fine Schedule(Codes,Current and Proposed new Fines) RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME ADJUSTING MUNICIPAL CODE PARKING FINES RESOLVED by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, California Vehicle Code Section 40203.5 authorizes the City council to set parking penalties for parking violations; and WHEREAS, the City council wishes to adjust those penalties from time-to-time; NOW, THEREFORE, IT IS RESOLVED AND ORDERED that: 1 . The City council adopte the schedule attached hereto as exhibit A as the Parking Fine Schedule for the City of Burlingame. The schedule shall be effective upon adoption. MAYOR I, Doris Mortensen, 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 1 S` day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK BURLINGAME POLICE DEPARTMENT (EXHIBIT "A") PARKING FINE TABLE CODE SECTION DESCRIPTION CURRENT FINE PROPOSED FINE 13.08.050 CO ERASING CHALK MARh;S $25.00 $35.00 13.32.015 CO REPEAT METER VIOLATION $25.00 $35.00 13.32.020 CO OBSTRUCT FREE PASSAGE $25.00 $35.00 13.32.040 CO NO PARKING AREA (RED ZONE) $25.00 $35.00 13.32.040 F POSTED NO PARKING 24 HR. IN ADVANCE $25.00 $35.00 13.32.050 CO USE OF STREETIVEHICLE STORAGE172 HRS. $25.00 $35.00 13.32.060 CO PARKING VEHICLE FOR DEMO/FOR SALE $10.00 $35.00 13.32.100 CO PARKING ON GRADES $10.00 $35.00 13.32.140 CO MOVING VEHICLE TO AVOID PARKING TIME LIMIT $25.00 $35.00 13.32.150 CO REPAIR/GREASE VEHICLE PUBLIC STREET $25.00 $35.00 13.32.170 CO VEHICLE OVER 20 FT. NOT PARKED/MUNI LOT $10.00 $35.00 13.32.180 CO REC VEHICLEITRAILER PARKED 1900-0700 HRS. $10.00 $35.00 13.32.190 CO LIVING IN VEHICLE/CAMPER ETC. $25.00 $35.00 13.36.010 CO NO PARKING ANYTIME: $25.00 $35.00 13.36.020 CO NO PARKING DURING SPECIFIED HRS. $25.00 $35.00 13.36.030 CO ONE HOUR PARKING $25.00 $35.00 13.36.040 CO TWO HOUR PARKING $25.00 $35.00 13.36.042 CO FOUR HOUR PARKING $25.00 $35.00 13.36.043 CO TEN HOUR PARKING $25.00 $35.00 13.36.044 CO PARKING PARALLEL ON ONE-WAY STREET $10.00 $35.00 13.36.045 CO DIAGONAL PARKING $10.00 $35.00 13.36.046 CO PARKING WITHIN SPACE MARKINGS $25.00 $35.00 13.36.047 CO VISION SAFETY ZONE $10.00 $35.00 13.36.048 CO MOTORCYCLE ONLY PARKING $25.00 $35.00 13.36.049 CO MUNI LOTS/NOT MOVING OVER 1110TH MILE $25.00 $35.00 13.36.049 (A) MOVING VEHICLE IN PARKING LOTS $25.00 $35.00 13.36.050 CO OVERTIME PARKING IN MUNI LOTS $25.00 $35.00 13.36.065 CO PARKING HVY VEHICLE IN RESIDENT AREA $25.00 $35.00 13.38.020 CO CURB MARKINGS $25.00 $35.00 13.38.030 CO LOADING/UNLOADING COMM. VEHICLE $25.00 $35.00 13.38.040 CO UNLAWFUL STOPPING IN YELLOW ZONE $25.00 $35.00 13.38.050 CO STOPPING IN WHITE PASSENGER ZONE $25.00 $35,00 13.38.065 CO LIMITED PARKING/GREEN ZONE $25.00 $35.00 13.40.060 CO UNLAWFUL TO EXTEND TIME LIMIT/FEED METER $25.00 $35.00 13.40.070 CO IMPROPER USE OF METERS/SLUGS ETC. $25.00 $35.00 13.40.080 CO UNAUTHORIZED PERSON FEEDING METER $25.00 $35.00 13.40.100 CO METER VIOLATION/TIME PERIOD $25.00 $35.00 13.44.010 CO PARK ON PRIVATE PROPERTY W/OUT CONSENT $25.00 $35.00 CITY 0 STAFF REPORT BURLINGAME AGENDA � , ITEM # 9.e. W-9AT11 MTG. O DATE 12/1/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY 6 �✓ DATE: November 24, 2007 APPROVED f FROM: Doris Mortensen, City Clerk By 650-558-7203 SUBJECT: Recommendation to Adopt 2009 City Council Calendar RECOMMENDATION: To review, make changes if necessary and approve the Burlingame City Council Calendar for 2009. EXHIBITS: 2009 Burlingame City Council Calendar Bt7RLiNGIAME 2009 BURLINGAME CITY COUNCIL CALENDAR City Council meetings are held on the first and third Monday of each month. When Monday is a holiday,the meeting is usually held on Tuesday or Wednesday. Study meetings are held as scheduled. Meetings begin at 7:00 p.m. at City Hall, 501 Primrose Road, and are open to the public. Regular Council meetings are televised live via Burlingame's Cable Channel 26 for Astound subscribers and Channel 27 for Comcast subscribers.Also the meetings are live online on the City's website at www.burlin ag_me.org.For more information,please view the City's website or call the City Clerk at 650-558-7203. REGULAR MEETINGS Monday, January 5 Monday, July 6 (tentative) Tuesday, January 20 Monday, July 20 Monday, February 2 Monday, August 3 (tentative) Tuesday, February 17 Monday, August 17 Monday, March 2 Tuesday, September 8 Monday, March 16 Monday, September 21 Monday, April 6 Monday, October 5 Monday, April 20 Monday, October 19 Monday, May 4 Monday, November 2 Monday, May 18 Monday, November 16 Monday, June 1 Monday, December 7 Monday, June 15 Monday, December 21 (tentative) STUDY MEETINGS AND OTHER DATES Saturday, January 31 2009/10 Goals Session, 9 a.m., Recreation Center Wednesday, February 25 2009/10 Budget Session, 6 p.m., Lane Room, Main Library Friday, March 13 Commissioner's Dinner Saturday, March 21 Joint Council and Planning Commission Meeting, 9 a.m. Wednesday, May 27 2009-10 Budget Session, 6 p.m., Lane Room, Main Library Wednesday, June 10 City Manager's fiscal year-end review, 5:30 p.m. Wednesday, December 2 City Manager's fiscal mid-year review, 5:30 p.m. 11/24/2008 4:27 PM CITY 0 SURU14GAME STAFF REPORT' k� AGENDA O9 9 ogA,Eo� NE6 ITEM# 9f MTG. DATE 12/1/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: November 26, 2008 BY Lk FROM: Roy C. Abrams Interim City Attorney APPROVED By SUBJECT: Mayor and Vice Mayor Rotation List RECOMMENDATION: Approve rotation list for Mayor and Vice Mayor. BACKGROUND: Resolution No. 117 (1999) sets forth the rotation list for the Mayor and Vice Mayor positions. In accordance with the Resolution, the rotation list is updated annually. The updated list and Resolution 117 (1999) are attached. BUDGET IMPACT: None ATTACHMENTS: Rotation List and Resolution ROTATION LIST FOR MAYOR AND VICE MAYOR POSITIONS (PREPARED DECEMBER 1, 2008) 1. Mayor Ann Keighran 2. Vice Mayor Cathy Baylock 3. Councilmember Terry Nagel 4. Councilmember Jerry Deal 5. Councilmember Rosalie O'Mahony (Immediate Past Mayor) RESOLUTION NO. 117-1999 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING CITY COUNCIL POLICY ON ROTATION OF COUNCIL OFFICERS WHEREAS, Section 36802 of the Government Code requires the City of Burlingame have a Mayor and Vice Mayor; and WHEREAS, by Council tradition the Council has rotated the office of Mayor and Vice Mayor annually at the second meeting in November of each year; and WHEREAS, the Council desires to insure an equitable rotation of officers amongst all persons elected to the City Council, NOW, THEREFORE, be it RESOLVED and DETERMINED by the CITY COUNCIL of THE CITY OF BURLINGAME that the following procedure shall govern the appointment of Council officers: 1. Rotation of the office of Mayor and Vice Mayor shall occur annually at the second City Council meeting in November of each year. 2. The Vice Mayor shall become Mayor if eligible and a new Vice Mayor shall be appointed from the remainder of the councilmembers next in order of position on the rotation list described below. If the Vice Mayor is ineligible, unable, or declines to serve as Mayor, then councilmembers next in order of position on the rotation list described below shall fill both the offices of Mayor and Vice Mayor. 3. A rotation list based on seniority of consecutive years in the office of councilmember and this resolution is established pursuant to Exhibit A. 4. As changes in Council membership occur, the rotation list shall be updated as follows: A. The outgoing mayor shall be placed ahead of any councilmembers newly elected in the November general election, if any, but below all continuing and re-elected council-members B. A newly elected or appointed councilmember shall be placed at the bottom of the rotation list upon taking office. If more than one councilmember is elected or appointed at the same time, the newly elected or appointed councilmembers shall draw straws to determine their position relative to each other at the bottom of the rotation list. l C. If a councilmember declines to serve as either mayor or vice mayor when it is that councilmember's turn to serve, the declining councilmember shall be placed on the rotation list ahead of any councilmembers newly elected in the November general election, if any, and below all continuing and re-elected councilmembers. If however, more than one councilmember at the same time declines to serve as either mayor or vice mayor when it is their turn to serve, the declining councilmembers shall be placed in the same relative order to each other as before but below all other councilmembers on the rotation list. 5. The same process for rotation of officers contained in this resolution shall be used if the office of mayor or vice mayor becomes vacant at a time other than the second Council meeting in November of each year. However, if the vacancy occurs because the mayor or vice mayor is no longer able or willing to serve in that office, the outgoing officer shall be placed below all other councilmembers on the rotation list. 6. For purposes of this resolution, "the November general election" refers to the City general election that has occurred on the first Tuesday of November immediately preceding the second Council meeting for that November. Mayor 1, Judith A. Malfatti, 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 I't day of November, 1999, and was adopted thereafter by the following vote: AYES: COUNCU MEMBERS: GALLIGAN, KNIGHT, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerk [U:\FILES\COUNREPS\mayorlist2007.ccr.wpd] 7 lCITY AME'0 � `��\ BVWMgSTAFF REPORT a�=E; AGENDA 9 oq a oAATED J NE6 ITEM# g MTG. DATE 12/1/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: November 26, 2008 BY FROM: Roy C. Abrams Interim City Attorney APPROVE By SUBJECT: Destruction of Records-Pawn Slips RECOMMENDATION: Adopt Resolution authorizing the destruction of pawn slips held by the Police Department after 3 years and amend the Master schedule to add pawn slips for ongoing destruction. BACKGROUND: The City Council has previously adopted a Master Schedule for Retention and Destruction of City Records as authorized by Government Code Sections 34090 and following. The Police Department wishes to add pawn slips to that master Schedule. Pawn slips are received from jurisdictions outside Burlingame and by law are retained for 3 years. Burlingame itself has no pawn shops, BUDGET IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE MASTER SCHEDULE FOR RETENTION AND DESTRUCTION OF CITY RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 RESOLVED,by the City Council of the City of Burlingame: WHEREAS,the City Council has previously enacted a Master Schedule for Retention and Destruction of City Records pursuant to Government Code Section 34090 and following and that schedule needs to periodically amended; and WHEREAS,the Police Department receives pawn slips from pawn shops outside the City of Burlingame and has retained them indefinitely and wishes to retain them for a 3 year period only; NOW,THEREFORE, IT IS DETERMINED AND ORDERED that: 1. The Master Schedule for Retention and Destruction of City Records is amended to add the following to the Police Department Schedule: Title of Record Retention Period Comments Pawn Slips 3 years Mayor City Attorney Approval: I, DORIS MORTENSEN, 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 1St day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 1 CITY C BURUNGAME STAFF REPORT AGENDA 9h op,tEp JUNE 10 ITEM# MTG. 12/1/08 DATE TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITT I\ DATE: November 26, 2008 BY FROM: Deirdre Dolan Human Resources Director APPROVED+' By II/� �✓�! SUBJECT: City Attorney Appointment RECOMMENDATION: Adopt Resolution appointing Clark "Gus" Guinan as City Attorney. Continue Roy Abrams in his current status as an hourly employee to assist, when requested by the City, in the storm drainage issues before the City. BACKGROUND: Over the last several months the City Council recruited for a new city attorney and then interviewed candidates. Gus Guinan, with 25 years of municipal attorney experience, emerged as the best qualified candidate for the position. Discussions have been held with Gus who has accepted the position effective January 5, 2009. Compensation is set at the middle step of the current city attorney salary range ($13,879.86 monthly) and benefits are designated in the City's Compensation and Benefit Plan for Department Heads. Roy Abrams has been the Interim City Attorney over the last several months and has also been the lead attorney for the City in the storm drainage issues currently being considered by the City Council. His expertise in this area will continue to be helpful. BUDGET IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPOINTING CLARK"GUS" GUINAN AS CITY ATTORNEY COMMENCING JANUARY 5,2009 RESOLVED,by the City Council of the City of Burlingame: WHEREAS,the City Council has completed its recruitment and interviews to replace retired City Attorney Larry Anderson; and WHEREAS, the City Council wishes to appoint Clark "Gus" Guinan who has been a municipal attorney at several Bay Area cities over the last 20 years; and WHEREAS, Gus possesses the required qualifications and skills to be Burlingame's City Attorney and Gus has accepted the appointment; NOW, THEREFORE, IT IS DETERMINED AND ORDERED that: 1. Effective January 5,2009,Clark"Gus"Guinan is appointed as the City Attorney for the City of Burlingame with the authority provided by law and by Chapter 3.05 of the Burlingame Municipal Code. Compensation shall be set at the middle step of the current city attorney salary range ($13,879.86) with the benefits designated in the City's Compensation and Benefit Plan for Department Heads and Unrepresented Employees. 2. Roy C. Abrams shall continue in his current status as an hourly employee under Government Code Section 21221(h)to provide assistance,when requested by the City,with the City storm drain fee issues. This is a limited duration appointment and requires special skills. Mayor I, DORIS MORTENSEN, 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 1St day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 1 Agenda Item # 13 a Meeting Date: 12/11 /08 Honoraule 1VMayor and City Council : lFr � ,lC® Please schedule an appeal hearing " for 260 EI Camino Real to beeheard NOV 25 2008 at the January 5, 2009 Council meeting, ' properfiss 311 South Ellsworth CITY CLERK'S OFFICE City Clerk San Mateo,CA 94401 CITY OF BURLINGAME Ph 650.342.3030 Fx 650.375.7781 November 25, 2008 City of Burlingame 501 Primrose Road Burlingame, CA 94010 RE: Planning Application -260 EI Camino Real, Burlingame, CA. To: City Council Members & Planning Staff Please accept this letter as our official request to appeal the decision of the Planning Commission to deny our application for the above referenced project. It is our sincere desire to present to the Council our reasons for them to respectfully review our project and the potential benefits it will bring to the Burlingame merchants and residents. I will follow up this letter with a more detailed description of our reasons shortly. Respectfully, Kevin Cullinane Partner SC Properties BURLINGAME BEAUTIFICATION COMMISSION NOVEMBER 6,2008 The regularly scheduled meeting of the Beautification Commission was called to order at 6:00 p.m. by Chairperson Carney. ROLL CALL Present: Chairperson Carney, Commissioners Benson, Lahey, McQuaide, and Wright(arrived 6:25 p.m.) (Admin. Secretary Harvey noted that Commissioner Wright would be late because she was attending the Chamber of Commerce Mixer at Straits to promote the Business Landscape Award). Staff: Interim Parks Superintendent Foell and Admin. Secretary Harvey Guests: Mary Faber MINUTES — Commissioner Benson asked that the minutes of the October 2, 2008 be corrected on page 2, under REPORTS/Commissioner Wright, 2nd Paragraph to read: Commissioner Benson responded that since there is no irrigation in the large containers, the plantings have died and or disappeared . . . . merchants have provided funds for the colorful faux flowers . . . and (she) installed the faux plants just so there would be some color. Commissioner Benson asked that the minutes of October 2, 2008 also be corrected on page 3, under REPORTS/Commissioner Benson, I'Paragraph to read: 'Commissioner Benson reported that she planted more faux flowers for color . . . . on Chula Vista.' 'Commissioner Benson also reported that there are bed springs on the corner of the Hillsborough side of Bellevue and El Camino Real. Minutes were approved as corrected. CORRESPONDENCE Letters from Superintendent Foell to Commissioners Ellis and Grandcolas, as they resign from their service on the Beautification Commission,thanking them for their service and leadership. Spring Recreation Brochure submittals: New Street Trees for Burlingame—Green Trees for the Golden State; and Business Landscape Award Letter from the Beautification Commission Chairperson Carney to Dale Perkins, thanking him for his contribution of a water color rendering of the business, Solo Bambini; winner of the Business Landscape Award. Letter from Parks Superintendent Foell to Dale Perkins, thanking him for his contribution of the water color rendering of the business, Solo Bambini, (winner of the Business Landscape Award) as well as for his generous donation of the frame and supplies. City Street Tree Themed Blocks and attached Themed Block List. Beautification Commission Chair Rotation Order. 2009 Business Landscape Award Nomination Form. Burlingame Business Landscape Award Time Line. FROM THE FLOOR Mary Faber introduced herself and indicated she was visiting the Commission because she is considering making application to serve on the Commission. 1 OLD BUSINESS Arbor Day 2009—Bayside Park Superintendent Foell reported that the initial date of March 6h selected for the Arbor Day ceremony is difficult for some of the elementary schools so the date has been changed to Wednesday, March 4t' instead. Superintendent Foell noted that he will report on the specifics of the tree plantings for Arbor Day and any possible tree removals anticipated at Bayside Park. Business Landscape Award 2009 In Commissioner Wright's absence, Commissioner Benson reported that the Committee has divided up between themselves the different business districts for distribution of the nomination forms. The Committee will distribute Business Landscape Award Nomination forms to the following areas: Burlingame Avenue—North Side and Side Streets - Commissioner Benson Burlingame Avenue— South Side and Side Streets - Commissioner McQuaide Howard Avenue - Commissioner Carney Broadway—North and South side and Side Streets - Commissioner Wright Burlingame Plaza - Commissioner Lahey Commissioner McQuaide thanked Staff and Commission for the thank you letters sent to Dale Perkins. NEW BUSINESS Rotation of Officers—December 4, 2008 Superintendent Foell stated that Commissioner Lahey had been reappointed to serve on the Beautification Commission and will be next on the rotation to serve as chairperson. The Council has extended the application period to mid January to fill the other two vacancies. The following officers will begin serving at the December 4`h meeting: Commissioner Lahey - Chairperson Commissioner Wright - Vice-Chairperson Commissioner Benson - Secretary REPORTS Superintendent Foell 1) Green Trees Grant Tree Planting will begin just before Thanksgiving by contractor Watkin & Bortolussi; over 142 grant trees (upgraded to 173 since meeting date) will be planted in the southern section of Burlingame this winter and next winter, the grant tree planting will consist of planting over 250 trees in the northern section of Burlingame. Monitoring of the new trees by the Commission will begin in the spring. 2) The Spring and Fall City Street Tree planting is nearing completion. In October, City tree crews planted approximately 182 new street trees throughout the City; crews planting a total of 250 trees for the year. 3) The"Themed Blocks"tree planting list has been approved by Council and an explanation and the list of "themed blocks" have been included on the City's website. Petitions for establishing a"themed block" are available at the Burlingame Recreation Center. 4) Superintendent Foell submitted a sample of the "door hangers" that will be used during the grant tree plantings and the City street tree plantings. Door hangers provide information on the importance of trees in a community and other general information with regard to watering and care of the trees. 5) The Burlingame/Hillsborough Women's Garden Club has contacted the Parks Division regarding making a donation to go toward tree planting or plant purchase for Washington Park. Superintendent Foell mentioned that staff has also expressed an interest in placing a bench near the Fragrance Garden but cost is upwards from $1000. Commissioner Benson commented that she may know of some group(s) that may be interested in making a donation for a bench to be placed near the Fragrance Garden. Chairperson Carney Chairperson Carney reported that on November 13th, 6:00 p.m. at City Hall there would be a public meeting with regard to the storm drain replacement. 2 Commissioner McQuaide Commissioner McQuaide stated that she would be interested in working with Real Estate companies and informing them of the importance of trees in the Burlingame community and perhaps providing a pamphlet that could be given to new homeowners. After a brief discussion, the Commission asked this item be placed on the December agenda. Commissioner Lahey Commissioner Lahey stated she was happy that the Council reappointed her to the Commission and is excited about monitoring the newly planted grant trees in the spring. Commissioner Wright Commissioner Wright reported that the committee will be distributing the Business Landscape Nomination forms to the different business districts and that the Chamber of Commerce will include information about the award in their newsletter. She attended the Chamber Mixer, made some good connections, and recommended that other Commissioners attend. The Commission briefly discussed advertising the award with an article and a photo of the presentation in the local newspapers; staff will provide a list of publication contacts to the committee. After Commissioner Benson suggested the Commission take turns making announcements at City Council meetings, Commissioner Lahey volunteered to make an announcement at the next City Council meeting of November 17`x'. Commissioner Wright reported that two women would volunteer to water the planters on Broadway containing the 'faux' flowers if Commissioner Benson would install 5 gallon plants. Following a brief discussion, it was suggested that Commissioners Wright and Benson coordinate their efforts with regard to this issue following the meeting. Commissioner Wright further reported that signage has been placed in front of the Broadway Grill and is creating a visual hazard for vehicles traveling southbound on Capuchino Avenue trying to cross Broadway. Commissioner Wright encouraged the Commission to visit La Croissant on Broadway to see the nice new plantings installed by the business owner. There being no further business, the meeting was adjourned at 7:00 p.m. Respectfully submitted, ! . L C...1. arlene Harvey Recording Secretary 3 CITY OF BURLINGAME PLANNING COMMISSION dffi-m GAME UNAPPROVED MINUTES City Council Chambers 501 Primrose Road-Burlingame,California November 10,2008-7:00 p.m. I. CALL TO ORDER Chair Cauchi called the November 10,2008,regular meeting of the Planning Commission to order at 7:03 p.m. II. ROLL CALL Present: Commissioners Auran,Brownrigg,Cauchi,Lindstrom,Vistica and Yie Absent: Commissioner Terrones. Staff Present: Community Development Director,William Meeker;and Assistant Planner Lisa Whitman III. MINUTES Commissioner Auran moved,seconded by Commissioner Vistica to approve the minutes of the October 27,2008 regular meeting of the Planning Commission,as submitted. Motion passed 6-0-1(Commissioner Terrones absent). IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR Pat Giorni, 1445 Balboa Avenue;commented regarding requiring tree wells for new sidewalk installations to permit for tree growth without impacting the sidewalks. VI. STUDY ITEMS 1. 1375 BURLINGAME AVENUE,ZONED C-1,SUBAREA A—APPLICATION FOR SIGN VARIANCE TO AMEND AN EXISTING MASTER SIGN PROGRAM(MICHAEL TUCKER,BOOKS INC.,APPLICANT; JERRY WYMAN,DESIGNER;AND KARIM A.SALMA,PROPERTY OWNER) STAFF CONTACT: ERICA STROHMEIER Assistant Planner Whitman presented a summary of the staff report,dated November 10, 1008. Commission comments: • Seems that the awnings were an important part of the original discussion;research minutes from the original proceedings when the sign program was approved and provide this information when the item returns. • Asked what happened to the Crosby Commons sign. 1 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes November 10, 2008 This item was set for the regular Action Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at T:09 p.m. VII. ACTION ITEMS Consent Calendar - Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a Commissioner prior to the time the Commission votes on the motion to adopt. Chair Cauchi asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 2a. 1221 CORTEZ AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING (TRG ARCHITECTS, APPLICANT AND ARCHITECT; AND DAVID AND LAUREN ROSEN, PROPERTY OWNERS) STAFF CONTACT: LISA WHITMAN 2b. 7 EL QUANITO WAY, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A PLATE HEIGHT GREATER THAN 9'-0" AND A HILLSIDE AREA CONSTRUCTION PERMIT AMENDMENT FOR AN ADDITION TO AN EXISTING SINGLE FAMILY DWELLING. BESS WIERSEMAN, STUD1O3 DESIGN, INC., APPLICANT AND DESIGNER; AND EMILIE AND GORDY BROOKS, PROPERTY OWNERS) STAFF CONTACT: LISA WHITMAN 2c. 1223 BURLINGAME AVENUE, ZONED C-1 , SUBAREA A — APPLICATION FOR COMMERCIAL DESIGN REVIEW FOR CHANGES TO THE FRONT FAQADE OF AN EXISTING COMMERCIAL BUILDING (CATHERINE JOHNSON, BESTER ARCHITECTURE, APPLICANT AND DESIGNER; INGRID CHARTER, PROPERTY OWNER) STAFF CONTACT: ERICA STROHMEIER 2d. 1333 HOWARD AVENUE, ZONED C-1 , SUBAREA B — APPLICATION FOR COMMERCIAL DESIGN REVIEW, CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR A NEW FOOD ESTABLISHMENT WHICH INCLUDES CHANGES TO THE FRONT FAQADE OF AN EXISTING COMMERCIAL BUILDING (DAVID DODSON, CREATIVE RESTAURANT GROUP LLC, APPLICANT; JEREMY STEINMEIER, AIA, ARCHITECTURE & LIGHT, ARCHITECT; AND, MICHAEL & ATHIA GIOTINIS TRUST, PROPERTY OWNER) STAFF CONTACT: RUBEN HURIN Commissioner Auran moved approval of the Consent Calendar based on the facts in the staff reports, Commissioner's comments and the findings in the staff reports, with recommended conditions in the staff reports and by resolution. The motion was seconded by Commissioner Yie. Chair Cauchi called for a voice vote on the motion and it passed 6-0-1 (Commissioner Terrones absent). Appeal procedures were advised. This item concluded at T:11 p.m. Commissioner Brownrigg indicated that he appreciated the sign illustration for "Perry's'; but is still somewhat concerned that the sign will be out of character. 2 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes November 10,2008 VIII. REGULAR ACTION ITEMS 3. 260 EL CAMINO REAL,ZONED C-1,SUBAREA A—MITIGATED NEGATIVE DECLARATION, COMMERCIAL DESIGN REVIEW,SETBACK AND PARKING VARIANCES,AND A CONDITIONAL USE PERMIT FOR 24-HOUR OPERATION OF A DRUG STORE FOR A NEW 13,765 SQUARE FOOT COMMERCIAL BUILDING(KEVIN CULLINANE,APPLICANT,KEVIN AND LISA CULLINANE, PROPERTY OWNERS;AND NILMEYER AND NILMEYER ASSOCIATES,ARCHITECT) STAFF CONTACT: ERICA STROHMEIER Reference staff report dated November 10,2008,with attachments. Community Development Director Meeker presented the report,reviewed criteria and staff comments. Thirty(30)conditions were suggested for consideration. Chair Cauchi opened the public hearing. Commission comments: • Asked if the Commissioners are required to accept the findings of the consultant(Meeker— indicated that it is the expert opinion of the consultant under the direction of staff;but the Commission can question the findings). • Asked what purview the Commission has with respect to signage;(Meeker—signage is staffs purview;though the Commission can discuss signage areas shown on plans). • Asked if there is a noise ordinance(Meeker—yes;it is enforced by Police Department). Michael Nilmeyer, 128 Pepper Avenue and Kevin Cullinane,311 South Ellsworth Avenue,San Mateo; represented the applicant. • Reviewed comments made by the Planning Commission at the August 25`"meeting. • Have no problem installing benches on the site. • Provided a couple of brick samples for the Commission's review. • Intent was to invoke the style of an older building. • Have worked extensively with Walgreens to address design concerns raised by the Commission. Additional Commission comments: • Expressed concern about the height of the clear windows along Burlingame Avenue;due to the slope of the site,the four foot height to the windows will increase as you move east;concerned that views into the store will not be easily achieved(Nilmeyer—site slowly steps down from corner). Can the windows be lowered more? (Cullinane—Walgreens compromised as much as they were willing). • With respect to the pedestrian passageway;envisioned as a dark area where refuse will collect; can this be closed in(Cullinan—willing to gate at both ends;will have lighting along the area as well. Nilmeyer—existing building next door is less than one-half the length of the proposed building;trash receptacles are placed near the entry to the store. Cullinane—will maintain regularly. Nilmeyer—still felt solution was better than requiring people to walk a great distance around the building to get to Burlingame Avenue;promotes a pedestrian-friendly downtown). 3 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 Public comments: • Pat Giorni, 1445 Balboa Avenue and Michael Kaindl, 1512 Sanchez Avenue spoke: spoke with Mr. Nilmeyer; Walgreens is an established company that has a business plan that works for them; however, Burlingame has fought for many years to maintain its status. Burlingame has good demographics for Walgreens; if we want to see into the store, the Planning Commission should ask for windows that pedestrians can look into. Other Walgreens stores look like prisons; doesn't want this store to look like one. The walkway will eventually create a problem for the site; no one will use it; in the long run it could present as a problem. Thinks the project is good; excited about something happening on that corner. Could depress the slab at the display windows. Applicant response: • The sill of the windows is at two-feet above the finished floor; depressing the slab would not benefit since the display cases are always at floor level. Further Commission comments: • Don't see the logic in having a passageway; the passage is one store from the corner; what would happen if the stairway was at the passageway; how would this impact the display area (Nilmeyer—would require moving roughly '/ of the building; the stairway door would enter onto Burlingame Avenue). There were no further comments and the public hearing was closed. —� More Commission comments: • Like the work that has been done to respond to Commission comments; building is rather handsome; though have reservations about passageway; would like to see some other utilization of the area. • Concern that parking could be an issue; but has been handled sufficiently; can be handled by the parking lot across the street or other area. • Agree with 6 a.m. delivery time. • Clarified that elimination of alley would not create setback issues. • As a new commercial building; is quite nice; alley could always be gated if it becomes a problem; only 50-foot deep. • Supports request for a Variance based upon intended use and design of the mezzanine space. • Have no problem with passageway; it easy way to get through to the rear of the property from Burlingame Avenue. • Parking is first come first serve; Safeway is not yet an application; the applicant has every right to proceed with this project. • Suggested that windows to be white-framed to blend more with other buildings. • Can't support the project; beautiful building; but don't need to suspend common sense, this is the entryway to Burlingame Avenue; concerned about trucks parking and traffic on Burlingame Avenue; believe the traffic consultant assumes that Parking Lot K will remain in existence, most trips will be from Fox Plaza Lane; there is a scenario in which Safeway could buy the parking lots; applicant has assumed that public parking may continue to exist at the rear of the property; the Commission doesn't have to be unmindful of the potential impacts of Safeway. • Site wasn't designed for a high-traffic, multiple trip type of use. • Not the right use for the site. J 4 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 • Doesn't feel that the four-foot window height is pedestrian-friendly. Does not warrant approval because risk too high for Burlingame residents. • In favor of project; if done well, will help the corner. • Some concern about generating traffic; but may make for a slower entry to Burlingame Avenue from EI Camino Real. • Could improve pedestrian friendliness by adjusting the height of the windows along Burlingame Avenue. • Alleyway space could be used better for another purpose; could enhance pedestrian friendliness. • Some concern about what will ultimately happen on Safeway; concerned with project integration of Walgreens and Safeway projects. • Thinks the project can work if a couple of things (windows, passageway) are handled differently. • Thinks that Walgreens interest is in line with the City; what is Walgreen's reaction to the traffic study? • What is a reasonable height for the windows; three-feet from the outside of the building. • Could the lighting fixtures in the passageway be placed in a manner that they couldn't be accessed from the passageway. • Would like more study of the passageway. Commissioner Cauchi moved to approve the application, by resolution, with the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped October 29, 2008, sheets T-1 through A-6 and sheets L-1 through L-6; 2. that any changes to the size or envelope of building, which would include changing or adding �. exterior walls or parapet walls, shall require an amendment to this permit; 3. that any changes to building materials, exterior finishes, windows, architectural features, roof height or pitch, and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 4. that the conditions of the Chief Building Official's November 26, 2007 and August 14, 2008, memos, the City Engineer's August 18, 2008, memo, the Fire Marshal's November 26, 2007, memo, and the NPDES Coordinator's November 26, 2007, memo shall be met; 5. that if the structure is demolished or the envelope changed at a later date the Parking Variance, Setback Variance and Conditional Use Permit as well as any other exceptions to the code granted here will become void; 6. that the commercial retail building shall be allowed to be open 24 hours a day, seven (7) days a week; 7. that any changes to the floor area, use and hours of operation which exceeds the maximums as stated in these conditions shall require an amendment to this permit; 8. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 5 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes November 10, 2008 9. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 10. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 11 . Exterior lighting for the project would be designed to meet the requirements of Burlingame Municipal Code Section 18. 16.030 (pertaining to light spillage off site in commercial or residential areas), the California Energy Commission, and the Illuminating Engineering Society of North America for illumination levels. Compliance with these performance standards would minimize the dispersion of light in a manner that reduces the glow or aurora effect to acceptable and allowable levels. In addition, the project area already contains numerous sources of exterior lighting, and is not adjacent to uses that would be sensitive to light spillover. 12. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 13, that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; The following three (3) conditions shall be met during the Building Inspection process prior to the inspections noted in each condition: 14. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 15. 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 to the Building Department; 16. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; Mitigation Measures from Initial Study: 6 CITY OF BURLINGAME PLANNING COMMISSION-Unapproved Minutes November 10,2008 Hydrology and Water Quality 17. Run-on diversion:During construction,the contractor shall implement run-on diversion best management practices(i.e.use of gravel bags and/or sand bag berms or perimeter trenching)to prevent stormwater run-on from entering and ponding in excavated areas.Diversion of stormwater run-on would prevent stormwater from entering the excavation and contributing to alterations in the groundwater hydrologic gradient.Additionally,it would protect the local groundwater from contamination by potential pollutants in stormwater; 18. Construction Scheduling:Excavation of old fill and replacement with engineered fill shall not occur during the rainy season(from October 15 to April 15).By limiting excavation to the dry season,the potential for stormwater run-on would be minimized and the direct effect of precipitation would be minimized; Air Quality 19. Implement feasible control measures for construction emission of PM10:The project sponsor shall ensure implementation of the following mitigation measures during project construction,in accordance with BAAQMD standard mitigation requirements: a. Water all active construction areas at least twice daily. b. Cover all trucks hauling soil,sand,and other loose materials or require all trucks to maintain at least two feet of freeboard. �- C. Pave,apply water three times daily,or apply(non-toxic)soil stabilizers on all unpaved access roads,parking areas and staging areas at construction sites. d. Sweep daily(with water sweepers)all paved access roads,parking areas and staging areas at construction sites. e. Sweep streets daily(with water sweepers)if visible soil material is carried onto adjacent public streets. Traffic 20. Large Truck loading procedures:Large trucks shall load from Burlingame Avenue. Site plans propose three metered public parking spaces in front of the project site,where loading would occur.In order to minimize parking impacts,the parking stalls should be regulated to prohibit customer parking during loading hours.The proposed parking spaces in front of the site would not be eliminated and proper signage would inform patrons that during specific delivery hours from midnight to 6 a.m.,seven days per week,parking within these three stalls is prohibited. Such signage designating the loading times shall be installed in this area. If access to Fox Plaza Lane is ever provided from EI Camino Real,large truck loading may occur at the rear of the site; CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 21. Medium and Small Truck loading procedures: Medium and small trucks shall load from the three spaces in the lot south of the project building, adjacent to the loading area. Site plans show three accessible parking stalls in that area. These three proposed parking spaces would not be eliminated; and proper signage would inform patrons that during specific delivery hours from midnight to 6 a.m., seven days per week, parking within these three stalls is prohibited. Such signage designating the loading times shall be installed in this area; Biological Resources 22. Pre-construction nesting bird survey: Construction of the proposed project shall avoid the February 15 through August 15 bird nesting period to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting birds shall be conducted by a qualified wildlife biologist no earlier than 14 days prior to the construction. The area surveyed shall include all clearing/construction areas, as well as areas within 150 ft. of the boundaries of those areas, or as otherwise determined by the biologist. In the event that an active nest is discovered, clearing/construction shall be postponed within 150 ft. of the nest until a wildlife biologist has identified the nesting avian species and consulted on further measures with the CDFG. If the avian species present is protected under the MBTA, further mitigation could entail postponement of clearing or construction activities within 150 ft. of the active nest until the young have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting attempts. If the avian species is not protected under the MBTA, no further action is required and construction activities may proceed; Hazards and Hazardous Materials 23. Conduct testing on fill material: Prior to any demolition or excavation activity, soil sampling and chemical analysis of fill material (soil) shall be performed to determine the extent of the potential contamination in the fill material. If the fill material is deemed to be contaminated, the material shall be disposed off at a certified hazardous materials landfill site; 24. Prepare a Health and Safety Plan: A Health and Safety Plan (HSP) shall be completed and implemented by the project sponsor to protect workers from risks associated with hazardous materials during demolition, construction, and transport and disposal. The plan shall identify the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development, and describe measures to protect workers and the public from exposure to potential site hazards. Such measures should include a range of options, including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post-development maintenance or access limitations, or some combination thereof; 25. Install a vapor barrier beneath the building foundation: The project design shall include an engineered vapor barrier to be included as part of the foundation for the new structures. The vapor barrier would be (at a minimum) 10-mil thick and extend to the edge of the slab-on-grade floor (concrete foundation); Noise 26. Implement best management practices to reduce construction noise: The following practices shall be incorporated into the construction documents to be implemented by the project '1 contractor: 8 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 a. Maximize the physical separation between noise generators and noise receptors. Such separation includes, but is not limited to, the following measures: • Use heavy-duty mufflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; • Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors; • Locate stationary equipment to minimize noise impacts on the community; and • Minimize backing movements of equipment. b. Use quiet construction equipment whenever possible. C. Impact equipment (e.g.,jack hammers and pavement breakers) shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically-powered tools. Compressed air exhaust silencers shall be used on other equipment. Other quieter procedures, such as drilling rather than using impact equipment, shall be used whenever feasible. d. Prohibit unnecessary idling of internal combustion engines. e. Select routes for movement of construction-related vehicles and equipment in conjunction with the Burlingame Planning Department so that noise-sensitive areas, including residences and schools, are avoided as much as possible. f. The project sponsor shall designate a "disturbance coordinator' for construction activities. The coordinator would be responsible for responding to any local complaints regarding construction noise and vibration. The coordinator would determine the cause of the noise or vibration complaint and would implement reasonable measures to correct the problem. g. The construction contractor shall send advance notice to neighborhood residents within 50 feet of the project site regarding the construction schedule and including the telephone number for the disturbance coordinator at the construction site. 27. Implement measures to reduce construction vibration: The project sponsor shall incorporate the following practice into the construction documents to be implemented by the project contractor: a. The project sponsor shall require that loaded trucks and other vibration-generating equipment avoid areas of the project site that are located near existing residential uses to the maximum extent compatible with project construction goals. Cultural Resources 28. Undiscovered Cultural Resources: If evidence of an archaeological site or other suspected cultural resource as defined by CEQA Guideline Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, worked bone, fired clay vessels, faunal bone, hearths, storage pits or burials) is �- discovered during construction-related earth-moving activities, all ground-disturbing activity 9 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 within 100 feet of the resources shall be halted and the City of Burlingame shall be notified. The project applicant shall hire a qualified archaeologist to conduct a field investigation. The City of Burlingame shall consult with the archaeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the Interior's Standards for Archeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-J)for and filed with the NWIC; Undiscovered Cultural Resources in the State ROW. If there is an inadvertent archaeological or burial discovery in the State ROW, in compliance with CEQA,PRC 5024.5, and Caltrans Standard Environmental Reference (SER)Volume 2 (hftp://www.dot.ca.gov/ser), all construction within 50 feet of the find shall cease. The Department's District 4 Cultural Resources Study Office shall be immediately contacted at (510) 286-5618. A staff archaeologist will evaluate the finds within one business day after contact. Archaeological resources may consist of, but are not limited to, dark, friable soils, charcoal, obsidian or chert flakes, grinding bowls, shell fragments, or deposits of bone, glass, metal, ceramics, or wood. The project applicant shall comply with the appropriate measures as identified by the staff archaeologist; 29. Unique Paleontological/Geological Features: Should a unique paleontological resource or site or unique geological feature be identified at the project construction site during any phase of construction, the project manager shall cease all construction activities at the site of the discovery and immediately notify the City of Burlingame. The project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. Work may proceed on other parts of the project site while mitigation for paleontological resources or geologic features is carried out. The project applicant shall be responsible for implementing any additional prescribed mitigation measures prescribed by the paleontologist and approved by the City; and 30. Human Remains: If human remains are discovered at any project construction sites during any phase of construction, all ground-disturbing activity 100 feet of the resources shall be halted and the City of Burlingame and the County coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California's Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project applicant shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of Burlingame shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The project applicant shall implement approved mitigation, to be verified by the City of Burlingame, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered. The motion was seconded by Commissioner Auran Discussion of Motion: 10 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 • Discussed the treatment of windows on the El Camino Real side of the building; not that concerned with the windows along that side, but are concerned about advertising in the windows; the EI Camino view is not as important as the Burlingame Avenue view. The windows along El Camino Real should be true display windows with no distracting glare that will affect properties across the street. Chair Cauchi called for a roll call vote on the motion to approve. The motion failed 2-4 (Commissioners Brownrigg, Vistica, Yie and Cauchi dissenting; Commissioner Terrones absent). More Commission comments: • Discussed alternative treatments for the passageway area. Commissioner Cauchi moved to continue the application with direction to the applicant, as follows: • The site line at the windows shall be three feet above the sidewalk. • Look at alternative treatments for the passageway area. The motion was seconded by Commissioner Vistica. Discussion of motion: • None. Chair Cauchi called for a voice vote on the motion to continue. The motion carred 5-1-1 (Commissioner Brownrigg dissenting; Commissioner Terrones absent). This item concluded at 8:10 p.m. IX. DESIGN REVIEW STUDY ITEMS 4. 145 COSTA RICA AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN & ENGINEERING, APPLICANT AND ARCHITECT; AND JENNY NGO, PROPERTY OWNER) STAFF CONTACT: LISA WHITMAN Reference staff report dated November 10, 2008, with attachments. Assistant Planner Whitman briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. James Chu, 55 West 43rd Avenue; represented the applicant. • Met with neighbor on right and have addressed her concerns. Commission comments: • Driveway on the left is a wise decision. • Asked if this were a four-bedroom house, would a single-stall garage be built. • Asked for explanation for all of the hardscape in the rear. • The rounded bay at the rear is a nice feature; think about carrying it through to the front of the property and consider eliminating the balcony. Corner post treatment for 2nd floor balcony appears a bit heavy. 11 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes November 10, 2008 ■ Fapade handled nicely. ■ On left elevation; first floor near kitchen area; is there any way to add another window to eliminate the blank wall. ■ Second floor sill plate line is pretty linear throughout; it might be nice to break this down somewhat. ■ The vents look a bit small. ■ Question regarding the Mellaluca; what is the anticipated size, shape and is this a deciduous tree. ■ Front elevation; what is the purpose of the angled wall by the front door; will this create a problem with landscaping. ■ Clarified that the dormer on the front elevation of the garage is a decorative feature. ■ Add a more prominent or enticing feature to the front. Perhaps consider a gable over the front door and tie it into the balcony rather than having a shed roof over the door. Public comments: ■ Pat Giorni, 1445 Balboa Avenue; glad to see that planting well is increased in sidewalk area. Questioned the amount of hardscape. Concerned about calling it a 4 bedroom house; the den is a bedroom. Would hate to see the guidelines for 4 bedrooms change. Appreciates that the house includes only 3 '/2 baths. There were no other comments from the floor and the public hearing was closed. Commissioner Cauchi made a motion to place the item on the Action Calendar when complete. The motion was seconded by Commissioner Brownrigg. Discussion of motion: ■ None Chair Cauchi called for a vote on the motion to place this item on the Action Calendar when plans have been revised as directed. The motion passed on a voice vote 6-0-1 (Commissioner Terrones absent). The Planning Commission's action is advisory and not appealable. This item concluded at 8.25 p.m. 5. 1452 DRAKE AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR DECLINING HEIGHT ENVELOPE AND ATTACHED GARAGE FOR A NEW, TWO STORY SINGLE FAMILY DWELLING (TRG ARCHITECTS, APPLICANT AND ARCHITECT; AND GINKGO BURLINGAME LLC PROPERTY OWNER) STAFF CONTACT: RUBEN HURIN Reference staff report dated November 10, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. Randy Grange, 205 Park Road; represented the applicant. ■ Presented alternate architectural treatments. ■ Declining height envelope encroachment is based upon elevation that was created in anticipation of the former project. ._ 12 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes November 10,2008 Commission comments: • Refreshing and workable design. • Clarified that the fireplace is not wood-burning and that a chimney is not necessary for the installation. • The design is not compatible with the architectural styles in the neighborhood. • Willing to accept the general design;however,puzzled with the need for modern vocabulary for a"green"house;green structures do not need to be contemporary in design. • Like the proposed modifications that echo Craftsman style. • Like having the garage up front. • Would encourage the applicant to choose the design they prefer;the Craftsman style is a bit more comfortable when viewed in context,but more incongruous with the contemporary left portion of the structure;want to see a design that softens the appearance of the left side of the house. • Questioned the need for a flat roof. • The rear elevation looks friendlier than the front elevation;a trellis element may help the design blend better with the neighborhood. • Like the softer version of the design that will fit better with the neighborhood;soften and make the design more compliant with the neighborhood;used more Craftsman elements on the rear elevation;details like that could soften the appearance of the front. • Blank garage door hurts the design as well;consider installing windows in the door. Public comments: • Mary Martocci,1448 Drake Avenue;Alex Daskalakis, 1449 Drake Avenue and Pat Giorni, 1445 Balboa Avenue spoke: When the foundation was installed for the prior building,the lot was raised considerably;concerned about drainage problems. House has lots to recommend it;but it is a large departure from the neighborhood;bulk of it is next to her home(1448 Drake Avenue) and makes it seem larger. Will there be noise from the metal roof;will it be painted or left natural (concerned about glare);also concerned about stainless steel railings on the rear. Concerned that there will not be enough parking. Have a heritage tree on her property(to the right)a Liquid Amber can be a problem;wants it to be noted that a barrier or something would need to be installed to prevent roots from infringing upon the house to be built. Is a 19 year resident;came to city due to quaintness of neighborhood;concerned about how the home will blend with neighborhood. The features present somewhat of an industrial look. Flat roof is unattractive. Concerned with the metal roof;aesthetics and maintenance. The design is not appropriate for Drake Avenue,though a nice urban design. Other designs of this type are softened by foliage. Drake Avenue's tree-scape has been dramatically reduced;there will not be much relief in front of the house. Feels that the steel rails are out of character with the Craftsman design. How is a living roof maintained? Will it look unkempt? Metal roof is too industrial for neighborhood. Is the property owner attached to a really modern design;probably being built to be sold. Applicant response: Randy Grange: not meant to be sold;connected to a non-profit foundation;want to prove that you can build a sustainable home and still have a profit margin;there will be someone living on the property that is involved in the development. Durable metal roof with 60-year lifespan; 100% recyclable with 90%recycled content;crisp clean look,non-reflective,no noise. Are are bound by law to contol and deal with drainage on site. Living roof is like a succulent ground cover that will last 100 years and grows only to a certain height. Railing is twisted cable. 13 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes November 10, 2008 There were no other comments from the floor and the public hearing was closed. Additional Commission comments: ■ The applicant needs to call out the reflectivity and finish of the metal roof. ■ The design includes a lot less lot coverage than normal; below maximum FAR; far below the maximum height. ■ Add some design gestures that are familiar to neighborhood. ■ Chimney is not necessary; consider eliminating it. ■ The design is incompatible with the neighborhood; it is too industrial in appearance. The proposed windows belong in an industrial area. ■ Proposed house could work in neighborhood by softening the design. ■ The scale and height of the structure are appropriate for the neighborhood. ■ Appreciate the architect's effort to try something different. ■ Neighborhood consistency is not necessarily a matter of style; can relate to finishes, scale, texture; the design needs a bit more work. Commissioner Brownrigg made a motion to place the item on the Action Calendar when complete. The motion was seconded by Commissioner Vistica. Discussion of motion: ■ None. Chair Cauchi called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 5-1-1 (Commissioner Terrones absent, Commissioner A uran dissenting). The Planning Commission's action is advisory and not appealable. This item concluded at 9:08 p.m. Commissioner Auran recused himself from participating on Agenda Item 6 and left the dais. 6. 1333 DE SOTO AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (TRG ARCHITECTS, APPLICANT AND ARCHITECT AND OTTO MILLER PROPERTY OWNER) STAFF CONTACT: LISA WHITMAN Reference staff report dated November 10, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. Randy Grange, 205 Park Road; represented the applicant. Commission comments: ■ The design would benefit from two large-scale trees in the front. ■ Consider decreasing FAR by reducing size of master bedroom and family room. 14 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes November 10,2008 Public comments: • Pat Giorni, 1445 Balboa Avenue and Alison Greenspan,1337 De Soto Avenue spoke: good looking house;only two square feet short of FAR;house seems to be in context with the neighborhood;ensure that planting wells are placed in the planting strip when sidewalk is replaced. Many of the large homes on the block were built before the declining height envelope restrictions. When an architect and builder are given a blank slate they shouldn't assume that a special permit will be granted. Doesn't understand the need for 5 bedrooms and 5'/2 baths. Concerned about the massive style and the proposed height. Design Guidebook states that massive buildings are discouraged,keep volumes away from neighboring properties. Asked that the home be made smaller and within the design envelope;her home receives the light from this side of the property. There were no other comments from the floor and the public hearing was closed. Additional Commission comments: • Not convinced that the home is the right style and shape for the site given the adjacent house; shadows could be better addressed by another style.The slope of the lot will make the house seem more massive. • Noted that the design is only two feet below the maximum FAR allowed on the site. • Rafters under the eaves are a bit too small. • Asked why a full bath is proposed off of the library;and the library includes a closet. • Asked if the pitch of the roof necessitated by the dormer;could the height be brought down by decreasing pitch of roof. Door swing in family room will make furniture layout difficult and wastes space. • Nice design,but the two-story wall at front and right-side elevation is out of character with neighborhood. Commissioner Brownrigg a motion to place the item on the Action Calendar when complete. The motion was seconded by Commissioner Vistica. Discussion of motion: • None. Chair Cauchi called for a vote on the motion to place this item on the Action Calendar when plans have been revised as directed. The motion passed on a voice vote 5-0-1-1(Commissioner Terrones absent, Commissioner Auran recused). The Planning Commission's action is advisory and not appealable. This item concluded at 9:30 p.m. Commissioner Auran returned to the dais. 7. 1040 BROADWAY,ZONED RR—ENVIRONMENTAL SCOPING AND DESIGN REVIEW STUDY FOR AN APPLICATION FOR COMMERCIAL DESIGN REVIEW,CONDITIONAL USE PERMITS AND VARIANCES FOR FRONT SETBACK,LANDSCAPING AND SIGNAGE TO REBUILD AN EXISTING GAS STATION WHICH WOULD INCLUDE A NEW FUELING CANOPY AND DISPENSERS, CONVENIENCE STORE AND CAR WASH(BP WEST COAST PRODUCTS,LLC.,APPLICANT AND PROPERTY OWNER;AND BOE ARCHITECTS,INC.,ARCHITECT) STAFF CONTACT: RUBEN HURIN 15 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 Reference staff report dated November 10, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. Michael Majors, 913 K Street, Sacramento; represented the applicant. • Met with Mike Harvey (adjacent property owner) several times; he noted that the visibility of the used car lot is the issue; objected to how staff interpreted front and rear setbacks; the design is based upon this input. Commission comments: • Clarified that users of convenience store would not be parking in front of the store. • At the entry to the car-wash; there will be conflict between the entry to the fuel stalls and the entry to the car wash. • Asked how many cars will normally be stacked waiting for entry to the car wash; noted that this site sometimes has three or four vehicles in line for the car wash, and noted the stacking at the Chevron car-wash on Carolan Avenue sometimes flows out onto the street. • Path of travel markings are confusing. • Questioned turning radius into car wash, seems tight; will cars be able to turn around. • The air-water-vacuum; clarify where the vehicles will need to be placed; does this area count towards the required parking. • Clarified that parking is not permitted on Rollins Road near the site. • Asked why the convenience store could not be moved closer to Whitethorn Way; if not for the trash enclosures, could be placed closer to that. • Whitethorn is supposed to be one-way, there is no right turn from Whitethorn allowed; needs to be marked very clearly. • Would like to see the applicant meet the landscaping requirement for the overall site. • The back of the store presents a good community opportunity; a community feature of some sort, perhaps related to the schools; would like the design of the rear of the store to be creative. • Concerned about how cars will access and circulate around the site; arrows are inconsistent from sheet to sheet. • Not sure the distance from the entry to the intersection is adequate; review with Traffic Engineer. • Is access to the west also meant to be an entry to the site; entry only to the east. Could be clearer if one is an entry and the other is an exit. • Is the egress across the adjacent property available in perpetuity. • The building doesn't address the corner as an architectural element; needs to make a gesture to the corner; the design is not creating a gateway to the City; a mural on the rear of the building is not the architectural statement we are looking for; perhaps a better site for the store is closer to where the car-wash is located. • Was there any consideration to not having the car-wash on the property; could more pumps be added to off-set the lack of a car-wash. • Have different shapes been considered for the building, a smaller rectangular building might permit a greater presence at the corner. • Now trying to pack three uses on a property that now has two; need to somehow address the City's needs as well. • Three different types of architecture are proposed on the site; the design should be more unified in terms of architectural style. • Not as concerned about the circulation; the two entrances are necessary. —� � 16 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes November 10, 2008 • Mostly concerned about the AM-PM Market design; somehow design the building to make a statement; don't like the finishing. Asked why the roof is not consistently tiled, consider showing gutters, consider a design similar to the train and greyhound station. • Landscaping is important; would like to see trees installed along Broadway; would be nice to have a landscape screen in front of property; trees are probably a good temporary solution for the intersection. • Asked if there is an intention to make this a LEED certified project. • Questioned the amount of light on the site; can light levels be lowered to reduce glare. • Have they considered placing the building where the parking stalls are currently located. Public comments: • Pat Giorni, 1445 Balboa Avenue; glad to see driveway on Rollins Road being removed. Agrees with sprucing up the rear wall; how about a false fagade. Premature to consider planting trees on Broadway; too many unknowns regarding grade separation and new Broadway interchange; existing sidewalks will not accommodate trees. There were no other comments from the floor and the public hearing was closed. Additional Commission comments: • Need to be very mindful of the entry to Burlingame; design needs to be more integrated into the City; work out of the box at other design solutions. • The project includes the creation of an additional use on the site; not sure all pieces ft together. • Site needs to be updated. Commend applicant for investing in proposal. This is one of the principal corridors to the City; the architecture can make the statement. Commissioner Cauchi made a motion to place the item on the Action Calendar when complete. The motion was seconded by Commissioner Brownrigg. Discussion of motion: • Need a visual simulation of the building. • Light and glare analysis needs to be reviewed. • Traffic needs to be reviewed. • Hazardous materials need to be reviewed. • Encouraged a more sustainable solution; could install permeable pavement or photovoltaics on the canopy. Chair Cauchi called for a vote on the motion to place this item on the Action Calendar when plans have been revised as directed. The motion passed on a voice vote 6-0-1 (Commissioner Terrones absent). The Planning Commission's action is advisory and not appealable. This item concluded at 10:20 p.m. X. COMMISSIONERS' REPORTS There were no Commissioner's Reports. '- � 17 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes November 10, 2008 XI. DIRECTOR'S REPORT Commission Communications: ■ None. Actions from Regular City Council meeting of November 3, 2008: ■ None. FYI: Peninsula Hospital Complaint Log — October, 2008: ■ Accepted. FYI: 1125 Clovelly Lane — review of required trellis addition on front elevation of garage for a previously approved first and second story addition: Commissioner Brownrigg suggested that the trellis be lowered by three to four inches. ■ Accepted. FYI: 1625 Adrian Road — review of required parking space configuration changes to a previously approved project: • Accepted. XII. ADJOURNMENT Chair Cauchi adjourned the meeting at 10:26 p.m. Respectfully submitted, Stanley Vistica, Secretary 18 POLICE DEPARTMENT BURLINGAME City of Burlingame Jack L. Van Etten Chief of Police November 18,2008 Honorable Mayor and Members of the City Council: Police Department statistics and highlights for the month of October, 2008 DEPARTMENTAL MATTERS: -Two new officers continue in our field training program and should be solo qualified by mid-December -Four long-time BPD employees will be retiring by the end of the current FY -Two new officers continue in the 6 month police academy and will graduate in March `09 -One sworn officer(13 months)and one dispatcher(25 months)continue on long-term disability -Two other sworn officers continue to be off due to injuries,but are assigned temporary modified duty -Neighborhood Watch presentations continue(last presentation 1600 Block of Coronado) -A department training plan(elevating training)for the 2008/2009 FY continues,but will increase costs associated with added training and a reduction in reimbursements from the state(POST) -Citizen crime identification system"Crimereports.com"is in place;RapidNotify(a reverse 911 notification system) is currently in use by the police department and CCFD -BPD continues it involvement with the County Gang Task Force which continues in maintenance mode throughout the winter months -Reported Part 1 crime in Burlingame in October is slightly up(81 vs 79 reports from last year)and slightly down for the year,Jan-October(857 vs 858 reports from last year). Part 2 crimes reported in October are up 216 vs 200 from last year and slightly down for the year,Jan—Oct(1,985 vs 2,044 from last year) TRAFFIC MATTERS: -Moving citations have tripled from the same time last year(due to selective enforcement and new officers). Refer to the attached selective enforcement documents -Parking citation totals continue to be down,due in part to our replacing of 2 recent PEO positions -Citizen Speed Watch has been delayed,due to limited interest by the public in the Winchester area -Red Light photo enforcement is scheduled to be installed and begin at ECR and Broadway in November -The pilot daytime parking permit program and continues without any problems MONTHLY STATISTICS: -Please remember that the monthly police department report is displayed in both numbers and percentages. When reviewing the police department report remember to consider the actual numbers of various crime categories in conjunction with the percentages. Kindly feel free t ntact me if you have any questions. Chie an Etten Burlingame Police Department 1111 Trousdale Drive-Post Office Box 551 -Burlingame,California 94011-0551 -(650)777-4100-Fax (650)697-8130 MEMORANDUM To: All Patrol Personnel From: Sgt. Williams Date: 10/31/08 Subject: Selective Enforcement As time permits,please advise your teams to attempt selective enforcement in the listed areas: Location Violation Description Time of offense Date Reported ECR/Oak Gr. 22101 VC No turn on red All hours 10/30/08 Bellevue/Lorton22450 VC Stop Sign All hours 10/01/08 Adeline/Bernal 22450 VC Stop Sign School hours 09/22/08 Carmelita 22350 VC Speeding All hours 09/05/08 (ECR-Cal) Hillside Dr. 22350 VC Speeding All hours 09/01/08 Primrose Rd. 21950 VC yield to ped Afternoon 08/08/08 (@ Library) Rollins Rd. 22350 VC Speeding All hours 07/10/08 (South end) Magnolia 22350 VC Speeding All hours 07/07/08 Rivera 22350 VC Speeding All hours 07/01/08 Dufferin 22350 VC Speeding Commute hours 06/20/08 Trousdale/ 22450 VC Stop sign Morning hours 05/27/08 Skyline Bayswater 22350 VC Speeding Commute hours 05/01/08 Lincoln Ave. 22350 VC Speeding Commute hours 04/17/08 Blgm Av/Cal 21950 VC yield to ped Morning hours 03/13/08 Howard/Prim 22450 VC Stop sign All hours 03/13/08 Bayshore Bl 22350/21950VC Speed/ped viol Morning commute 02/19/08 MEMORANDUM To: All Patrol Personnel From: Sgt. Williams Date: 10/24/08 Subject: Selective Enforcement As time permits,please advise your teams to attempt selective enforcement in the listed areas: Location Violation Description Time of offense Date Reported Bellevue/Lorton22450 VC Stop Sign All hours 10/01/08 Adeline/Bernal 22450 VC Stop Sign School hours 09/22/08 Carmelita 22350 VC Speeding All hours 09/05/08 (ECR-Cal) Hillside Dr. 22350 VC Speeding All hours 09/01/08 Primrose Rd. 21950 VC yield to ped Afternoon 08/08/08 (@ Library) Rollins Rd. 22350 VC Speeding All hours 07/10/08 (South end) Magnolia 22350 VC Speeding All hours 07/07/08 Rivera 22350 VC Speeding All hours 07/01/08 Dufferin 22350 VC Speeding Commute hours 06/20/08 Trousdale/ 22450 VC Stop sign Morning hours 05/27/08 Skyline Bayswater 22350 VC Speeding Commute hours 05/01/08 Lincoln Ave. 22350 VC Speeding Commute hours 04/17/08 Blgm Av/Cal 21950 VC yield to ped Morning hours 03/13/08 Howard/Prim 22450 VC Stop sign All hours 03/13/08 Bayshore Bl 22350/21950VC Speed/ped viol Morning commute 02/19/08 Blgm Ave. 21950 VC yield to ped Daytime hours 02/01/08 MEMORANDUM To: All Patrol Personnel From: Sgt. Williams Date: 10/10/08 Subject: Selective Enforcement As time permits, please advise your teams to attempt selective enforcement in the listed areas: Location Violation Description Time of offense Date Reported Bellevue/Lorton22450 VC Stop Sign All hours 10/01/08 Adeline/Bernal 22450 VC Stop Sign School hours 09/22/08 Carmelita 22350 VC Speeding All hours 09/05/08 (ECR-Cal) Hillside Dr. 22350 VC Speeding All hours 09/01/08 Primrose Rd. 21950 VC yield to ped Afternoon 08/08/08 (@ Library) Rollins Rd. 22350 VC Speeding All hours 07/10/08 (South end) Magnolia 22350 VC Speeding All hours 07/07/08 Rivera 22350 VC Speeding All hours 07/01/08 Dufferin 22350 VC Speeding Commute hours 06/20/08 Trousdale/ 22450 VC Stop sign Morning hours 05/27/08 Skyline Bayswater 22350 VC Speeding Commute hours 05/01/08 Lincoln Ave. 22350 VC Speeding Commute hours 04/17/08 Blgm Av/Cal 21950 VC yield to ped Morning hours 03/13/08 Howard/Prim 22450 VC Stop sign All hours 03/13/08 Bayshore Bl 22350/21950VC Speed/ped viol Morning commute 02/19/08 Blgm Ave. 21950 VC yield to ped Daytime hours 02/01/08 MEMORANDUM To: All Patrol Personnel From: Sgt. Williams Date: 10/03/08 Subject: Selective Enforcement As time permits, please advise your teams to attempt selective enforcement in the listed areas: Location Violation Description Time of offense Date Reported Bellevue/Lorton22450 VC Stop Sign All hours 10/01/08 Adeline/Bernal 22450 VC Stop Sign School hours 09/22/08 Carmelita 22350 VC Speeding All hours 09/05/08 (ECR-Cal) Hillside Dr. 22350 VC Speeding All hours 09/01/08 Primrose Rd. 21950 VC yield to ped Afternoon 08/08/08 (@ Library) Rollins Rd. 22350 VC Speeding All hours 07/10/08 (South end) Magnolia 22350 VC Speeding All hours 07/07/08 Rivera 22350 VC Speeding All hours 07/01/08 Dufferin 22350 VC Speeding Commute hours 06/20/08 Trousdale/ 22450 VC Stop sign Morning hours 05/27/08 Skyline Bayswater 22350 VC Speeding Commute hours 05/01/08 Lincoln Ave. 22350 VC Speeding Commute hours 04/17/08 Blgm Av/Cal 21950 VC yield to ped Morning hours 03/13/08 Howard/Prim 22450 VC Stop sign All hours 03/13/08 Bayshore BI 22350/21950VC Speed/ped viol Morning commute 02/19/08 Blgm Ave. 21950 VC yield to ped Daytime hours 02/01/08 11-17-08 SUMMARY OF PART ONE OFFENSES PAGE: 1 FOR: OCTOBER, 2008 Prev Last Act Act YTD YTD --rime Classification. . . .. .. ... .......... Current Year.. YTD... YTD.. . Change % Change 4urder and Nonnegligent Manslaughter 0 0 0 1 -1 -100.00 4anslaughter by Negligence 0 0 0 0 0 Rape By Force 0 0 3 4 -1 -25.00 attempt to Commit Forcible Rape 0 0 0 0 0 Robbery Firearm 0 0 8 8 0 0.00 Robbery Knife 0 0 3 3 0 0.00 Robbery Other Dangerous Weapon 0 0 0 2 -2 -100.00 Robbery Strong-Arm 0 2 9 8 1 12.50 4ssault - Firearm 1 0 3 0 3 kssault - Knife 0 0 2 0 2 assault - Other Dangerous Weapon 0 1 14 17 -3 -17.65 %ssault - Hands,Fists,Feet 0 1 8 6 2 33.33 assault - Other (Simple) 11 4 112 131 -19 -14.50 3urglary - Forcible Entry 3 4 46 40 6 15.00 3urglary - Unlawful Entry 3 6 61 57 4 7.02 3urglary - Attempted Forcible Entry 0 1 7 3 4 133.33 Larceny Pocket-Picking 0 0 0 0 0 Larceny Purse-Snatching 0 0 1 0 1 Larceny Shoplifting 4 2 19 29 -10 -34.48 Larceny From Motor Vehicle 23 21 246 188 58 30.85 Larceny Motor Veh Parts Accessories 12 7 88 113 -25 -22.12 - Larceny Bicycles 4 4 26 18 8 44.44 Larceny From Building 7 4 61 62 -1 -1.61 Larceny From Any Coin-Op Machine 1 0 2 11 -9 -81.82 Larceny All Other 5 10 70 77 -7 -9.09 Motor Vehicle Theft Auto 3 11 48 75 -27 -36.00 Motor Vehicle Theft Bus 3 0 12 3 9 300.00 Motor Vehicle Theft Other 1 1 8 2 6 300.00 81 79 857 858 81 79 857 858 11-17-08 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 1 CITY REPORT FOR: OCTOBER, 2008 Prev Last Act Act YTD YTD Crime Classification.... ................ Current Year.. YTD... YTD... Change Change All Other Offenses 45 43 374 320 54 16.88 Animal Abuse 0 0 0 1 -1 -100.00 Animal Nuisance 0 0 1 0 1 Arson 0 0 4 10 -6 -60.00 Assists to Outside Agencies 0 0 0 0 0 Bicycle violations 0 0 0 0 0 Bigamy 0 0 0 0 0 Bomb Offense 0 0 0 0 0 Bomb Threat 1 0 2 1 1 100.00 Bribery 0 0 0 0 0 Check Offenses 1 - 0 4 4 0 0.00 Child Neglect/prof custody 6 9 40 68 -28 -41.18 Computer Crime 0 0 .0 0 0 Conspiracy 0 0 0 0 0 Credit Card Offenses 0 0 4 6 -2 -33.33 Cruelty to Dependent Adult 0 0 0 0 0 Curfew and Loitering Laws 0 0 0 2 -2 -100.00 Death Investigation 3 4 22 24 -2 -8.33 Disorderly Conduct 0 3 9 5 4 80.00 Driver's License Violations 0 0 2 2 0 0.00 Driving Under the Influence 7 3 74 63 11 17.46 Drug Abuse Violations 2 1 23 47 -24 -51.06 Drug/Sex Registrants/Violations 0 0 0 0 0 Drunkeness 0 5 36 56 -20 -35.71 Embezzlement 1 0 6 3 3 100.00 Escape 0 0 0 0 0 Extortion' 0 0 0 1 -1 -100.00 False Police Reports 0 1 1 2 -1 -50.00 False Reports of Emergency 0 0 0 0 0 . Fish and Game Violations 0 0 0 1 -1 -100.00 Forgery and Counterfeiting 0 7 37 28 9 32.14 Found Property 3 4 61 61 0 0.00 Fraud 1 1 25 22 3 13.64 Gambling 0 0 ,0 0 0 Harrassing Phone Calls 1 2 15 44 -29 -65.91 11-17-08 MONTHLY. SUMMARY OF PART TWO OFFENSES PAGE: 2 CITY REPORT FOR: OCTOBER, 2008 Prev Last Act Act YTD YTD rime Classification..... .......... ..... Current Year. . YTD. .. YTD... Change Change Hit and Run Accidents 1 4 36 41 -5 -12.20 Impersonation 1 0 4 8 -4 -50.00 Incest 0 0 0 0 0 Indecent Exposure 1 0 5 8 -3 -37.50 Intimidating a Witness 0 0 1 0 1 Kidnapping 0 0 0 0 0 Lewd Conduct 0 0 0 1 -1 -100.00 Liquor Laws 4 0 9 1 8 - 800.00 Littering/Dumping 0 0 0 0 0 Marijuana Violations 6 4 20 28 -8 -28.57 Mental Health Cases 3 10 58 82 -24 -29.27 Missing Person 6 4 39 51 -12 -23.53 Missing Property 14 6 71 74 -3 -4.05 Municipal Code Violations 8 7 57 78 -21 -26.92 Narcotics Sales/Manufacture 0 0 1 1 0 0.00 .Offenses Against Children 0 0 4 9 -5 -55.56 Other Assaults 11 4 112 131 -19 -14.50 Other Juvenile Offenses 1 1 18 11 7 63.64 Other Police Service 1 0 19 27 -8 -29.63 Pandering for immoral purposes 0 0 0 0 0 ,Parole Violations 1 0 4 3 1 33.33 Perjury 0 0 0 0 0 Possession of Burglary Tools 0 0 2 0 2 Possession of drug paraphernalia 0 0 0 0 0 Possession of obscene literature;picture 0 0 0 0 0 Probation violations 1 0 3 4 -1 -25.00 Prostitution and Commercial Vice 0 0 0 2 -2 -100.00 Prowling 1 0 1 3 -2 -66.67 Resisting Arrest 0 0 5 4 1 25.00 Restraining Orders 0 0 1 1 0 0.00 Runaways (Under 18) 0 0 0 2 -2 -100.00 Sex Offenses 0 0 0 1 -1 -100.00 Sex Offenses against Children 0 0 3 1 2 200.00 Sodomy 0 0 0 0 0 Stalking 0 0 1 0 - 1 11-17-08 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 3 ' CITY REPORT FOR: OCTOBER, 2008 Prev Last Act Act YTD YTD Crime Classification................ ... . Current Year. . YTD... YTD... Change 3 Change, Statutory Rape 0 0 0 0 0 Stolen Property;Buying;Receiving;Possess 3 0 6 8 -2 -25.00 Suspended License 10 3 55 23 32 139.13 Tax Evasion 0 0 0 0 0 Terrorist Threats 0 0 6 9 -1 -11.11 Towed Vehicle 33 36 339 350 -11 -3.14 Trespassing 1 3 10 10 0 0.00 Truants/Incorrigible Juvs 0 0 1 1 0 0.00 US Mail Crimes 0 0 0 0 0 Vagrancy 0 0 0 0 0 Vandalism 20 18 192 188 4 2.13 Vehicle Code Violations 10 2 43 21 22 104.76 Violation of Court Order 1 2 23 11 12 109.09 Warrants - Felony 1 1 18 16 2 12.50 Warrants - Misd 6 11 69 53 16 30.19 Weapons;Carrying,Possessing 0 1 7 11 -4 -36.36 Welfare Fraud 0 0 0 0 0 ------- ------ ------ ------ 216 200 1,985 2,044 216 200 1,985 2,044 11-17=08 MONTHLY SUMMARY OF CITATIONS PAGE : 1 CITY REPORT FOR: OCTOBER, 2008 Prev Last Act Act Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD . . . Parking Citations 3524 3 , 407 29, 066 . 38 , 811 Moving Citations 666 181 5, 039 1, 748 ------- ------ ------ ------ 4190 3 , 588 34 , 105 40, 559 4190 3 , 588 34 , 105 40, 559 ; , . . BURLINGAME Officer Productivity. . . . generated on 11/17/2008 at 04 : 06 : 03 PM Reported On: All Officers Report .Range: 10/01/2008 to 10/31/2008 Data Type Reported on: PARKING Valid % All Voids % All Officer: ID: Cat Valid Cnt Voids Valid ------------------------------------------------------------------------------------------------------------------------ ALVISO 355 625 20.62 14 22.95 97.81 DOTSON 509 946 31.21 14 22.95 98.54 MACDEVITT 511 550 18.15 12 19.67 97.86 SERRANO 510 662 21.84 18 29.51 97.35 SMITH 654 248 8.18 3 4.92 98.80 Total 3031 61 Page 1 of 1 CITY OF BURLINGAME Portfolio Management Portfolio Summary October 31, 2008 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 6,291,852.44 6,291,852.44 6,291,852.44 18.90 1 1 2.579 2.615 Federal Agency Issues-Coupon 25,000,000.00 24,830,600.00 24,990,904.91 75.05 1,650 1,442 4.308 4.368 Miscellaneous Securities-Coupon 2,000,000.00 2,024,200.00 2,016,120.00 6.05 242 233 4.192 4.250 33,291,852.44 33,146,652.44 33,298,877.35 100.00% 1,253 1,097 3.974 4.030 Investments Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 114,444.65 478,520.09 Average Daily Balance 33,034,238.49 36,281,405.04 Effective Rate of Return 4.08% 3.91% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types,and av . bility of some of the funds is restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). 17 9wag (n,FINANCE DIR./TREASURER Reporting period 10/01/2008-10/31/2008 Portfolio CITY CP Run Dale:11/17/2006-12:47 PM(PRF_PM1)SymRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments October 31, 2008 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAIF&County Pool SYS77 77 LOCAL AGENCY INV.FD. 5,192,796.51 5,192,796.51 5,192,796.51 2.709 2.709 1 SYS79 79 S M COUNTY POOL 1,099,055.93 1,099,055.93 1,099,055.93 2.170 Aaa 2.170 1 Subtotal and Average 6,908,411.65 6,291,852.44 6,291,852.44 6,291,852.44 2.615 1 Federal Agency Issues-Coupon 31331YGR5 545 FEDERAL FARM CREDIT BANK 12/07/2007 1,000,000.00 997,600.00 1,000,000.00 4.490 4.490 1,497 12/07/2012 31331YJ76 553 FEDERAL FARM CREDIT BANK 05/01/2008 1,000,000.00 985,100.00 1,000,000.00 4.250 4.250 1,642 05/01/2013 31331Y4Y3 559 FEDERAL FARM CREDIT BANK 07/30/2008 1,000,000.00 1,001,900.00 1,000,000.00 5.000 5.000 1,732 07/30/2013 31331YYZ7 563 FEDERAL FARM CREDIT BANK 09/22/2008 2,000,000.00 1,952,800.00 2,000,000.00 3.900 3.900 1,600 03/20/2013 3133XKL94 534 FEDERAL HOME LOAN BANK 04/23/2007 1,000,000.00 1,011,700.00 1,000,000.00 5.250 Aaa 5.250 1,269 04/23/2012 3133XMKS9 541 FEDERAL HOME LOAN BANK 10/22/2007 1,000,000.00 1,011,700.00 1,000,000.00 5.020 Aaa 5.020 1,451 10/22/2012 3133XMTP6 543 FEDERAL HOME LOAN BANK 11/05/2007 1,000,000.00 1,000,100.00 1,000,000.00 5.000 Aaa 5.000 1,465 11/05/2012 3133XMSW2 544 FEDERAL HOME LOAN BANK 11/16/2007 1,000,000.00 1,006,400.00 1,000,000.00 4.850 Aaa 4.850 1,476 11/16/2012 3133XNW21 546 FEDERAL HOME LOAN BANK 01/07/2008 1,000,000.00 995,100.00 1,000,000.00 4.375 Aaa 4.375 1,528 01/07/2013 3133XNYV5 547 FEDERAL HOME LOAN BANK 01/22/2008 1,000,000.00 984,200.00 1,000,000.00 4.050 Aaa 4.050 1,543 01/22/2013 3133XP3C6 548 FEDERAL HOME LOAN BANK 01/29/2008 1,000,000.00 982,500.00 1,000,000.00 4.000 Aaa 4.000 1,550 01/29/2013 3133XQEH1 549 FEDERAL HOME LOAN BANK 03/18/2008 1,000,000.00 980,200.00 1,000,000.00 4.000 Aaa 4.000 1,598 03/18/2013 3133XPSF2 551 FEDERAL HOME LOAN BANK 04/24/2008 1,000,000.00 992,800.00 996,250.00 3.875 Aaa 3.980 1,220 03/05/2012 3133XQZT2 552 FEDERAL HOME LOAN BANK 04/30/2008 1,000,000.00 980,600.00 1,000,000.00 4.000 Aaa 4.000 1,641 04/30/2013 3133XRYR5 560 FEDERAL HOME LOAN BANK 08/22/2008 1,000,000.00 989,800.00 1,000,000.00 4.400 Aaa 4.400 1,755 08/22/2013 3133XS7K8 561 FEDERAL HOME LOAN BANK 09/25/2008 1,000,000.00 988,800.00 1,000,000.00 4.000 Aaa 4.000 1,424 09/25/2012 3133XSA24 562 FEDERAL HOME LOAN BANK 10/01/2008 1,000,000.00 980,000.00 1,000,000.00 4.250 Aaa 4.250 1,795 10/01/2013 3133XSF78 564 FEDERAL HOME LOAN BANK 10/02/2008 1,000,000.00 1,002,300.00 1,000,000.00 3.750 Aaa 3.750 335 10/02/2009 3133XSFC7 565 FEDERAL HOME LOAN BANK 10/02/2008 1,000,000.00 1,003,800.00 1,000,000.00 3.400 Aaa 3.400 152 04/02/2009 3128X6AZ9 538 FEDERAL HOME LOAN MORTG.CORP. 08/30/2007 1,000,000.00 1,014,600.00 1,006,000.00 5.400 Aaa 5.254 1,311 06/04/2012 3128X6NV4 540 FEDERAL HOME LOAN MORTG.CORP. 10/17/2007 1,000,000.00 1,005,600.00 1,000,000.00 5.200 Aaa 5.240 1,446 10/17/2012 3128X7BK9 550 FEDERAL HOME LOAN MORTG.CORP. 03/26/2008 1,000,000.00 988,900.00 1,000,000.00 4.200 Aaa 4.200 1,606 03/26/2013 3128X7RW6 554 FEDERAL HOME LOAN MORTG.CORP. 06/09/2008 1,000,000.00 982,000.00 991,154.91 4.000 Aaa 4.200 1,654 05/13/2013 3128X7W26 566 FEDERAL HOME LOAN MORTG.CORP. 10/16/2008 1,000,000.00 992,100.00 997,500.00 4.375 Aaa 4.432 1,767 09/03/2013 Subtotal and Average 25,540,501.68 25,000,000.00 24,830,600.00 24,990,904.91 4.368 1,442 Miscellaneous Securities-Coupon 13063A3P7 567 CA ST-RANS-A 10/23/2008 2,000,000.00 2,024,200.00 2,016,120.00 5.500 4.250 233 06/22/2009 Subtotal and Average 585,325.16 2,000,000.00 2,024,200.00 2,016,120.00 4.250 233 Portfolio CITY CP Run Dale:11/17/2008-12:47 PM(PRF_PM2)SynnRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Portfolio Details - Investments October 31, 2008 Average Purchase Stated YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Total and Average 33,034,238.49 33,291,852.44 33,146,652.44 33,298,877.35 4.030 1,097 Portfolio CITY CP Run Dale:11/17/2008-12:47 PM(PRF_PM2)SymRepl 6.41.202a CITY OF BURLINGAME Portfolio Management Page 4 Portfolio Details - Cash October 31, 2008 Average Purchase Stated YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Average Balance 0.00 0 Total Cash and Investmentss 33,034,238.49 33,291,852.44 33,146,652.44 33,298,877.35 4.030 1,097 Portfolio CITY CP Run Dale:11/17/2008-12:47 PM(PRF_PM2)Sym Rept 6.41.202a CITY OF BURLINGAME Portfolio Management Page 5 Activity By Type October 1, 2008 through October 31, 2008 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance L.AIF&County Pool (Monthly Summary) SYS77 77 LOCAL AGENCY INV.FD. 2.709 61,711.64 1,300,000.00 SYS79 79 S M COUNTY POOL 2.170 133,818.59 5,200,000.00 Subtotal 12,596,322.21 195,530.23 6,500,000.00 6,291,852.44 Federal Agency Issues-Coupon 3133XMRN3 542 FEDERAL HOME LOAN BANK 5.000 10/30/2008 0.00 1,000,000.00 3133XSA24 562 FEDERAL HOME LOAN BANK 4.250 10/01/2008 1,000,000.00 0.00 3133XSF78 564 FEDERAL HOME LOAN BANK 3.750 10/02/2008 1,000,000.00 0.00 3133XSFC7 565 FEDERAL HOME LOAN BANK 3.400 10/02/2008 1,000,000.00 0.00 3128X5LP1 529 FEDERAL HOME LOAN MORTG.CORP. 5.250 10/06/2008 0.00 1,000,000.00 3128X7W26 566 FEDERAL HOME LOAN MORTG.CORP. 4.375 10/16/2008 997,500.00 0.00 Subtotal 22,993,404.91 3,997,500.00 2,000,000.00 24,990,904.91 Miscellaneous Securities-Coupon 13063A3P7 567 CA ST-RANS-A 5.500 10/23/2008 2,016,120.00 0.00 Subtotal 0.00 2,016,120.00 0.00 2,016,120.00 Total 35,589,727.12 6,209,150.23 8,500,000.00 33,298,877.35 Portfolio CITY CP Run Date:11/17/2008-12:47 PM(PRF_PM3)SymRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Activity Summary October 2007 through October 2008 Yield to Maturity Managed Number Number Month Number of Total 360 365 Pool of Investments of Investments Average Average End Year Securities Invested Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity October 2007 17 32,552,669.40 5.083 5.153 5.060 3 2 761 652 November 2007 18 33,111,553.85 4.981 5.051 4.865 2 1 826 725 December 2007 17 35,305,823.83 4.855 4.922 4.696 1 2 764 686 January 2008 20 39,645,080.87 4.721 4.787 4.564 3 0 819 735 February 2008 20 39,674,639.82 4.519 4.582 4.171 0 0 818 721 March 2008 22 38,707,871.96 4.460 4.522 4.026 2 0 933 818 April 2008 23 44,873,173.03 4.017 4.073 3.336 2 1 852 747 May 2008 23 42,497,726.30 3.830 3.883 3.032 1 1 857 746 June 2008 21 39,888,592.43 3.753 3.805 3.051 1 3 857 756 July 2008 22 38,053,831.40 3.813 3.866 2.994 1 0 946 825 August 2008 23 37,083,836.47 3.800 3.852 2.822 1 0 1,020 879 September 2008 24 35,589,727.12 4.065 4.121 3.408 2 1 1,145 990 October 2008 27 33,298,877.35 3.974 4.030 2.615 5 2 1,253 1,097 Average 21 37,714,107.99 4.298% 4.358% 3.742 2 1 912 798 Portfolio CITY CP Run Date:11117/2008-12:47 PM(PRF_PM4)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 7 Distribution of Investments By Type October 2007 through October 2008 October November December January February March April May June July August September October Average Security Type 2007 2007 2007 2008 2008 2008 2008 2008 2008 2008 2008 2008 2009 by Period LAIF&County Pool 50.8 48.6 54.7 52.1 52.1 45.7 51.0 50.6 52.4 47.5 43.4 35.4 18.9 46.4% Certificates of Deposit-Bank Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln Negotiable CD's-Bank CORP NOTES - Bankers Acceptances Commercial Paper-Interest Bearing Commercial Paper-Discount Federal Agency Issues-Coupon 49.2 51.4 45.3 47.9 47.9 54.3 49.0 49.4 47.6 52.5 56.6 64.6 75.1 53.1% Federal Agency Issues-Discount Treasury Securities-Coupon -- reasury Securities-Discount - - -- -- Miscellaneous Securities-Coupon 6.1 0.5% Miscellaneous Securities-Discount Non Interest Bearing Investments Mortgage Backed Securities Miscellaneous Discounts-At Cost 2 Miscellaneous Discounts-At Cost 3 Portfolio CITY CP Run Date:11/17/2008-12:47 PM(PRF_PM5)SyrnRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 8 Interest Earnings Summary October 31, 2008 October 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 149,600.00 294,325.69 Plus Accrued Interest at End of Period 225,728.03 225,728.03 Less Accrued Interest at Beginning of Period ( 279,012.21) ( 192,079.56) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 96,315.82 327,974.16 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 96,315.82 327,974.16 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 132,417.10 297,656.07 Plus Accrued Interest at End of Period 363,155.34 363,155.34 Less Accrued Interest at Beginning of Period ( 477,443.61) ( 510,265.48) Interest Earned during Period 18,128.83 150,545.93 Total Interest Earned during Period 114,444.65 478,520.09 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period 114,444.65 478,520.09 Portfolio CITY CP Run Dale:11/17/2008-12:47 PM(PRF_PM6)Sym Rept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Portfolio Summary October 31, 2008 2007 Water/Wasterwater Construction FuiAp Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 17,963,000.00 17,963,000.00 17,963,000.00 100.00 1 1 2.672 2.709 17,963,000.00 17,963,000.00 17,963,000.00 100.00% 1 1 2.672 2.709 Investments Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 1,333.20 1,333.20 Average Daily Balance 13,327,387.10 Effective Rate of Return 0.12% /?UW O9 ESUS NA A, FINANCE DIR./TREASURER Reporting period 10/01/2008-10/31/2008 Portfolio 076D CP Run Date:11/17/2008-15:43 PM(PRF_PM1)SyrnRepl6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments October 31, 2008 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Managed Pool Accounts SYS80 80 Local Agency Investment Fund 10/09/2008 17,963,000.00 17,963,000.00 17,963,000.00 2.709 2.709 1 Subtotal and Average 13,327,387.10 17,963,000.00 17,963,000.00 17,963,000.00 2.709 1 Total and Average 13,327,387.10 17,963,000.00 17,963,000.00 17,963,000.00 2.709 1 Portfolio 07BD CP Run Date:11/17/2008-15:43 PM(PRF_PM2)Sym Rept 6.41.202a Report Ver.5.00