Loading...
HomeMy WebLinkAboutAgenda Packet - CC - 2009.06.15 CITY G BURUNGAME �0 Som Q�AnrEo uuue B BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING AGENDA Monday, June 15, 2009 CLOSED SESSION: 5:40 p.m. - Conference Room A a. Conference with Labor negotiator pursuant to Government Code §54957.6(a): City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer(IEDA) Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented STUDY SESSION: 6:00 p.m. —Conference Room A a. Climate Action Plan 1. CALL TO ORDER—7:00 p.m.—Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. APPROVAL OF MINUTES—Budget Study Session of May 27, 2009 & Regular Council Meeting of June 1, 2009 5. PRESENTATION a. Recognition of Walk of Fame nominees 6. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter 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. 7. STAFF REPORTS AND COMMUNICATIONS a. Burlingame Climate Action Plan b. Resolution approving SBWMA Revised Financing Plan for the Shoreway Environmental Center; authorizing the issuance of$55.32 million in solid waste enterprise revenue bonds and authorizing the City Treasurer to enter into a use of funds agreement in the amount of$3 million for a period of five years c. Waiver of block party permits in lieu of Emergency Preparedness Presentation d. Approval of a Ballot Measure to increase the City's Transient Occupancy Tax (TOT) from 10% to 12% and ordering an election to be held on November 3, 2009 e. Resolution affirming City Council retiree medical benefits 8. APPROVAL OF CONSENT CALENDAR a. Adopt Resolution authorizing amendment to an agreement with Parking Company of America for North Burlingame shuttle services b. Adopt Resolution awarding a construction contract to Pacific Trenchless, Inc. for the 2009 City Wide Sewer Rehabilitation Project Phase 1 c. Adopt Resolution requesting Metropolitan Transportation Commission to allocate Transportation Development Act, Article 3 pedestrian and bicycle project funding for FY 2009-10 d. Adopt Resolution rejecting all bids received for the Bayshore Signal Interconnect project e. Adopt Resolutions authorizing financial assistance application, reimbursement intention, and dedication of sewer user fees for State Revolving Fund financing to fund the City-wide Sewer Rehabilitation Project 2010 (ARRA) f. Adopt Resolutions approving FY 2009/10 Operating and Capital Improvement Budgets and establishing 2009-2010 Appropriation Limit g. Adopt Resolution authorizing Chamber of Commerce Agreement h. Adopt Resolution authorizing Peninsula Conflict Resolution Center i. Adopt a Resolution to renew an Information Services Contract with Caine Computer Consulting, LLC to provide information technology management services for the Police Department j. Request direction on whether to cancel the August 3, 2009 regular City Council meeting 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. k. Warrants &Payroll 9. COUNCIL COMMITTEE AND ACTIVITIES REPORTS/AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 10. 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. 11. OLD BUSINESS 12. NEW BUSINESS 13. ACKNOWLEDGMENTS a. Commission Minutes: Parks &Recreation, May 21, 2009; Beautification, June 4, 2009; Planning, June 8, 2009 b. Department Reports: Police, April 2009; Building, May 2009; Finance, May 2009 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burl inaQ me.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING—MONDAY,JULY 20, 2009 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. CITY OY"N.T..W-E � BURLINGAME BURLINGAME CITY COUNCIL Unapproved Minutes Budget Study Session May 27, 2009 CALL TO ORDER A duly noticed Budget Study Session of the Burlingame City Council was held on the above date in the Lane Community Room of the Main Library. Mayor Ann Keighran called the meeting to order at 6 p.m. All Council members were present. I. OPENING COMMENTS CM Nantell provided the opening remarks and stated that it has been a difficult year with revenue expected to continue to decrease and there is a strong possibility that the state will be taking additional money. He commended the department heads for all their effort in putting their budgets together with such limited resources. II. OVERVIEW OF CITY COUNCIL GOALS CM Nantell reminded the public that during the Council annual goal setting meeting that took place in late January there was no decision to close the Easton Branch Library, unless there was a dramatic decline in revenue. Since that has not happened, he emphasized that he wanted to dispel the rumors being circulated that the Easton Branch Library was going to close. He stated that since revenues have not declined significantly since March, and with the passage of the storm measure, the Easton Branch Library is still funded and will not be closed at this time. III. OVERVIEW OF THE PROPOSED FY 2009-10 BUDGET FinDir Nava provided highlights of the Proposed FY 2009-10 Budget which will decrease by 7.6% from last year. He projected no growth in property taxes, a 15 percent loss in sales tax, and a 10 percent drop in hotel tax revenue. IV. CAPITAL IMPROVEMENT PROJECTS AND FIVE-YEAR PLAN DPW Murtuza gave an overview of Capital Improvement Projects. Councilwoman O'Mahony asked that the Broadway Interchange be included as a CIP. V. DEPARTMENT BUDGET REPORTS 1 Burlingame City Council May 27, 2009 Unapproved Minutes Each department gave highlights of their FY 2009-10 budget proposal and all departments are experiencing cuts in revenue and services and the elimination or reclassification of some positions. VI. PUBLIC COMMENTS Donna McMorrow, teacher at Our Lady of Angels School, spoke about the need for the Easton Branch Library; Rudy Horak, 1332 Edgehill spoke about the water rate increase from San Francisco; Pat Giorni, 1445 Balboa spoke about funding for the Broadway overpass and charging Hillsborough for using the Library; Stephen Hamilton, 105 Crescent spoke about the Library Foundation and urged Hillsborough residents to serve on the Library Board. VII. COMMUNITY AGENCIES FUNDING REQUESTS Mayor Keighran stated that Council has received copies of community agencies' funding requests and will provide FinDir Nava with their 2009-10 funding recommendations for approval at a future Council meeting. VIII. ADJOURNMENT Mayor Keighran adjourned the meeting at 8:32 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 2 Burlingame City Council May 27,2009 Unapproved Minutes CITY O� BURLINGAME o° 0 �Fnico JUNeb BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of June 1, 2009 STUDY SESSION: Council met with Labor Groups—AFSCME 829, AFSCME 2190, and BAMM regarding the City's request for salary freeze. 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 Ann Keighran called the meeting to order at 7:00 p.m. CLOSED SESSION: CA Guinan advised that Council met in closed session regarding the following and advised that the Closed Session would continue after the City Council meeting. Conference with Labor negotiator pursuant to Government Code §54957.6(a): City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by John Root. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Nagel made a motion to approve the minutes of the May 18, 2009 regular Council meeting; seconded by Councilwoman O'Mahony. Vice Mayor Baylock made one correction, to remove Glenn Berkheimer's name from Closed Session, item b. The motion was approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS 1 Burlingame City Council June 1,2009 Unapproved Minutes a. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR A DESIGN REVIEW AMENDMENT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING ON PROPERTY AT 1140 CORTEZ AVENUE, LOCATED WITHIN A SINGLE FAMILY RESIDENTIAL ZONE Councilman Deal recused himself from this agenda item. CDD Meeker reviewed the staff report and requested Council hold a public hearing on the appeal of the application for a design review amendment for changes to a previously approved first and second story addition to a single family dwelling at 1140 Cortez Avenue, and consider public testimony and the analysis contained within the staff report. Action regarding the appeal should include specific findings supporting the Council's decision and should be affirmed by Resolution of the City Council. The reasons for any action should be stated clearly for the record. The City Council may consider the following alternatives: 1. deny the appeal and uphold the Planning Commission's action approving the application for Design Review Amendment for changes to a previously approved first and second story addition to a single family dwelling with conditions of approval as amended by the Planning Commission; or 2. grant the appeal, and modify the Planning Commission's decision by amending the conditions of approval; or 3. grant the appeal, and modify the Planning Commission's decision by providing direction to the project applicant regarding further changes to be made to the project; this action could include referring the project back to the Planning Commission for review of the changes. CDD Meeker stated that the property owner is appealing the Planning Commission's approval of the project, which included a condition requiring the applicant to either install the driveway for the project per the approved plans, or to submit an alternate driveway design to the Commission that meets its interests regarding reductions in the amount of impervious surface and aesthetic concerns; all other changes to the project were approved by the Commission. Mayor Keighran opened the public hearing. Michael Kaindl, project designer, 875 Mahler Road; Simon Jang, property owner of 1140 Cortez Avenue; Pat Giomi, 1445 Balboa; and Stephen Johnson, contractor of the project; all spoke. There were no further comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to deny the appeal; seconded by Councilwoman Nagel. The motion was approved by voice vote, 3-1-0 (Baylock dissented; Deal recused). b. PUBLIC HEARING ON FY 2009-2010 PROPOSED BUDGET AND CAPITAL PROGRAM FinDir Nava reviewed the staff report and requested Council hold a public hearing on the proposed Budget and Capital Program for Fiscal Year 2009-2010. Mayor Keighran opened the public hearing. There were no comments from the floor and the hearing was closed. 2 Burlingame City Council June 1,2009 Unapproved Minutes 6. PUBLIC COMMENTS Mayor Keighran opened the public comments The following citizens spoke: Pat Giorni, 1445 Balboa Avenue spoke about Items 7a, 7c, 8c and thanked Sutter Health for printing the bicycle maps. There were no further comments from the floor. 7. STAFF REPORTS AND COMMUNICATIONS a. BALLOT MEASURE TO CHANGE TO AN APPOINTED CITY CLERK CM Nantell reviewed the staff report and requested Council adopt Resolution No. 49-2009 making the office of the Burlingame City Clerk an appointive office. He stated that the only qualifications for an elected City Clerk are age and residency and in view of the increasing administrative and technical aspects of the City Clerk's duties, the shift to an appointed City Clerk is driven by the desire to have an individual with related experience. Councilwoman O'Mahony requested that the wording of the Resolution be changed to indicate that, if the measure passed, the appointed City Clerk position would be effective December 2, 2013. Council discussion followed concerning: the exact duties and differences of the elected and appointed City Clerk; who appoints the Deputy City Clerk; appointed City Clerk is not required to live in Burlingame; no budget ramifications by making an appointed position; having an appointed City Clerk the hiring process would be the same as for any department head; independence of the position is eliminated when it is no longer an elected position; it has worked fine for a 100 years so why change it. Councilwoman O'Mahony made a motion to adopt Resolution No. 49-2009; seconded by Councilman Deal. The motion was approved by voice vote, 4-1 (Baylock dissented). b. APPOINTMENT OF SUBCOMMITTEE TO MEET WITH THE CIVIL SERVICE COMMISSION HRD Dolan reviewed the staff report and recommended that Council appoint an ad hoc subcommittee to meet with the Civil Service Commission to review the role and purpose of the Commission and consider its continuation. Mayor Keighran and Councilwoman O'Mahony were appointed as the subcommittee. C. RESOLUTION NO. 50-2009 APPOINTING A MEMBER REPRESENTATIVE AND ALTERNATES TO THE PENINSULA CITIES CONSORTIUM PERTAINING TO THE HIGH SPEED RAIL PROJECT DPW Murtuza reviewed the staff report and requested Council adopt Resolution No. 50-2009 approving and authorizing the Mayor to appoint a Burlingame representative and two alternates to the Peninsula Cities Consortium regarding the High Speed Rail Project. The role of the member representative and two alternates will be to represent the City's position on the high speed rail project and cast vote(s)whenever necessary in accordance with Council direction. 3 Burlingame City Council June 1,2009 Unapproved Minutes Council appointed Councilman Jerry Deal since he has already been involved with the project and has attended several meetings with the other Peninsula cities. Vice Mayor Baylock and Councilwoman Nagel both expressed a strong desire to serve as the alternate representative. A straw vote was taken; Councilwoman Nagel drew the longer straw and was appointed as the alternate representative. It was decided that a second alternate would be a staff member but would only attend the meetings on a case by case basis, provided there was adequate advance no ice, vw� Vice Mayor Baylock made a motion to approve Resolution No. 50-2009 appointing Councilman Deal as the member representative and Councilwoman Nagel as the alternate; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. 8. CONSENT CALENDAR Councilwoman Nagel requested that item 8c be pulled from the Consent Calendar for further discussion. Councilman Deal made a motion to approve Items 8a and 8b of the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. a. ADOPT RESOLUTION NO. 51-2009 REAFFIRMING MEMBERSHIP IN THE SAN MATEO COUNTY PRE-HOSPITAL EMERGENCY SERVICES GROUP FC Dornell requested Council adopt Resolution No. 51-2009 reaffirming the City's membership in the San Mateo County pre-hospital emergency services medical group joint powers agency. b. ADOPT RESOLUTION NO. 52-2009 APPROVING AGREEMENT FOR EXCHANGE OF EMERGENCY MEDICAL, RESCUE, AND FIRE PROTECTION SERVICES AUTOMATIC AID AND FIRST RESPONSE FC Dornell requested Council adopt Resolution No. 52-2009 approving agreement for exchange of emergency medical, rescue, and fire protection services automatic aid and first response C. ADOPT RESOLUTION NO. 53-2009 IN OPPOSITION TO STATE PROPERTY TAX RAID CM Nantell reviewed the staff report and requested Council adopt Resolution No. 53-2009 finding a severe fiscal hardship will exist if the State of California seizes additional City property tax funds and adopts additional unfunded mandates. Councilwoman Nagel advised the public that the state is trying to once again take money from the City's property taxes to balance the budget and urged residents to contact the local legislators expressing their opposition. Councilwoman Nagel made a motion to approve the r; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. 4 Burlingame City Council June 1,2009 Unapproved Minutes 10. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue thanked Roti Restaurant for the free ice cream during the Green Street Fair; the need for bicycle parking at the Burlingame Plaza; writing to legislators about the Broadway overpass and raiding the property taxes; the Joint Powers Board meeting on June 4, 2009 concerning Caltrain. There were no further comments. 11. OLD BUSINESS 12. NEW BUSINESS Councilman Deal spoke about the possible suspension of Caltrain service on the weekends; SBWMA; and request Planning Commission look at permeable pavers. Mayor Keighran and Councilwoman Nagel urged the public to attend the Caltrain meeting on June 4, 2009. 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, April 21, 2009; Beautification, May 7, 2009; Planning, May 11 and May 26, 2009 b. Letters from Comcast concerning programming adjustment and price increase for equipment and installation C. Letter from Astound concerning an increase in video service rates 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 8:58 p.m. to reconvene in Closed Session. Respectfully submitted, Mary Ellen Kearney City Clerk 5 Burlingame City Council June 1,2009 Unapproved Minutes CITY O� BURUNGAME STAFF REPORT tiDDq . Som AGENDA DAnTEDd �E6 ITEM # 7a MTG. DATE June 15, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED DATE: June 11, 2009 BY FROM: Kathleen Gallagher APPROVED. Tel.No.: 650-483-9097 By SUBJECT: BURLINGAME CLIMATE ACTION PLAN RECOMMENDATION: Concur with the Green Ribbon Task Force and approve the City of Burlingame's Climate Action Plan. BACKGROUND: The purpose of the Climate Action Plan is to provide a guiding document to identify methods that the City and community can implement to significantly reduce greenhouse gas (GHG) emissions. The Climate Action Plan adoption is an essential step toward meeting the requirements of new California legislation, known as Assembly Bill 32, California's Global Warming Solutions Act of 2006, which requires GHG emissions to be reduced 15% below current levels by the year 2020 and to be reduced by 80% by the year 2050. The Climate Action Plan provides strategies that the City and community can implement to meet these GHG emission reduction targets. The Burlingame City Council endorsed the United States Mayors Climate Protection Agreement in August 2007, which pledges taking action in communities to reduce greenhouse gas emissions. In 2007, the Green Ribbon Task Force convened to recommend sustainable initiatives and the City of Burlingame joined ICLEI (now called Local Governments for Sustainability) to share best sustainable practices with other cities. In January 2009, the City Council directed the Green Ribbon Task Force to develop a Climate Action Plan for Burlingame with assistance from CSG Consultants. The City Council also approved the completion of Burlingame's Community Greenhouse Gas Inventory. The purpose of the inventory was to document the sources and quantities of emissions in Burlingame for the base year of 2005 (for the purpose of meeting AB 32 GHG reduction targets, the 2005 base year is considered current levels). This inventory enabled the City to establish a baseline to measure future GHG emission reductions. The City joined the Joint Venture Silicon Valley Climate Protection Task Force and participated with 20 other cities in a joint project with ICLEI to complete Burlingame's Municipal Greenhouse Gas Inventory to document the sources and quantities of emissions from city operations. The Task Force used the inventory to identify the major sources of GHG emissions and consider the more cost-effective and feasible GHG reduction programs for implementation in Burlingame. Meetings were held with Burlingame staff members to discuss the draft recommendations and receive feedback. The Task 1 Force also held a Burlingame Climate Action Plan Community Workshop in March 2009 to receive community stakeholder feedback. The Climate Action Plan was developed over a period of months to outline specific GHG emission strategies,identify specific implementation components,recommend potential personnel for program implementation,identify funding sources and provide estimated costs and resulting GHG emission reductions.The Climate Action Plan establishes a framework of action that the City and community can implement and provides a statement of intent for priorities and policies for the short and long term. However,the plan is not binding on the City Council or the community.Once the Council adopts the Climate Action Plan,the individual recommendations within the plan will be developed by staff and/or consultants and presented for the Council's consideration before they are implemented. ANALYSIS: The City of Burlingame plays an important role in reducing emissions because the City has control over several decisions that impact emissions,including green building and energy efficiency programs, renewable energy policies,expansion of recycling and composting programs,and transportation and land use issues. The State is preparing aggressive climate change mitigation actions and the AB 32 Scoping Plan,developed by the California Air Resources Board and approved in December 2008,has identified local jurisdictions as key partners in the climate change mitigation effort. The AB 32 Scoping Plan is an essential requirement of AB 32 and recommends that jurisdictions develop Climate Action Plans and set GHG reduction targets. Burlingame's Climate Action Plan includes the following components: Climate change impacts on Burlingame and recent legislation regarding climate change; 4 Major sources and quantities of Burlingame's emissions,which constitute a baseline inventory; Burlingame's emissions reduction target based on AB 32,California's Global Warming Solutions Act of 2006; Program and policy recommendations to assist Burlingame in meeting the GHG reduction goal in two phases: one phase for high impact,near-term program recommendations to be implemented prior to 2012 and a second phase for program implementation from 2012 to 2020; 4- State and regional initiatives that will assist Burlingame in reducing greenhouse gas emissions; + Implementation,funding and recommended next steps; 4 Recommendations for adaptation to climate change. Burlingame's Community Greenhouse Gas Inventory Burlingame's community emissions inventory provided a baseline of emission levels against which future reductions can be measured.The analysis showed that the community of Burlingame released 336,944 metric tons of CO2e(carbon dioxide equivalent)in the base year of 2005.The term,CO2e is commonly referred to as greenhouse gas emissions and both terms are used throughout the Climate Action Plan and related documents.The transportation sector accounted for 60%of the emissions and the commercial sector accounted for 22%.These two sectors were the largest sources of emissions from the Burlingame community.Emissions from the residential sector accounted for 14%,and the waste sector accounted for 4%of the emissions. 2 Emissions Reduction Target To maintain consistency with the AB 32 emission reduction targets, the Task Force recommends that Burlingame reduce emissions by 15% below the base year by 2020 and 80% below the base year by the year 2050. Burlingame's 2005 base year emissions were 336,944 metric tons of carbon dioxide equivalent (CO2e). To reduce emissions to 15% below 2005 baseline levels by 2020, the community would need to reduce emissions by 50,542 metric tons to 286,402 metric tons during that period. But that estimate assumes that emissions are not expected to increase beyond the 2005 baseline levels. Burlingame's baseline inventory and forecasts for population, transportation and commercial activity growth were provided by the Association of Bay Area Governments (ABAG) as part of its "business-as-usual" emissions forecast for the year 2020. This forecast revealed projected emissions levels 21 .3% higher than 2005 levels in the City. If Burlingame continues with the pattern of energy consumption, waste production and transportation use, annual emissions are estimated to increase from 336,944 to 408,780 metric tons by 2020. Therefore, the percent change from business-as usual in 2020 to 15% below 2005 levels is 29.9%. Table 1 identifies the 2005 base year emissions, the target year reduction and the estimated annual required emissions to meet the 2020 reduction target. A total of 50,542 metric tons is the minimum reduction needed for Burlingame to meet the 2020 target, and the needed reduction in tons could be as high as 122,378 metrics tons if Burlingame consumption trends continue. The estimated annual reduction is in the range of 5,054 tons to 12,238 tons per year to meet the target year. Table 1 : Burlingame GHG Emissions +05 Base Year 2020 "Business- as-Usuall,a 2005 Base Year Emissions (metric tons CO2e) 336,944 4081780 _:7 2020 Target Year Reduction (15% below 2005 levels) J 286,402 286,402 Emissions Reductions Necessary to Meet Target (50,542) (122,378) Required Percentage Emissions Reduction 15.0% 29.9% Required Annual Emissions Reduction (2010-2020) (5,054) (12,238) Climate Action Plan Program and Policy Recommendations The Climate Action Plan organizes the GHG reduction recommendations in five major categories: ❖ Energy efficiency and green building ❖ Transportation and land use ❖ Waste reduction and recycling ❖ Education and promotion ❖ Municipal operations The Task Force was keenly aware of the challenges facing the City due to the economic downturn and consequent budget cuts and staff reductions that Burlingame and other cities are currently experiencing. For this reason, the Task Force recommends a phased approach to implementation. It developed Phase I.- High-Impact :High-Impact GHG Reduction Programs for Implementation Prior to 2012 to provide the City with recommendations that can be implemented in the near term to begin the necessary reductions in emissions. The second phase, Phase 2: GHG Reduction Programs for Implementation 2012 to 2020, has a Association of Bay Area Government (ABAG) 2020 Projections been developed for implementation beyond 2012.The Task Force recommends that the City begin Phase 1 implementation as soon as feasible because it will be easier to reduce emissions if programs are introduced gradually,with a promotion and education period and voluntary compliance prior to potential mandatory requirements. Phase 1 Program and Policy Recommendations for Implementation prior to 2012 1. Adopt a Water Efficient Landscape Ordinance as required by AB 1881 and consider inclusion of more stringent water conservation requirements. Burlingame uses 4.8 million gallons of water per day and a significant portion is used for landscaping. Water requires energy for transport,treatment and distribution and the limited supply of water prompted the state to require jurisdictions to adopt the ordinance to reduce inefficient and costly water consumption. The City can benefit by considering more stringent water conservation requirements than the model ordinance. 2. Adopt a Residential Energy Conservation Policy(voluntary)to provide professional energy audits for residents at a reduced cost.The Policy also includes promotion of a Residential Energy and Water Efficiency Checklist for properties sold or for"transfer of title"that encourage upgrades in energy efficiency and water conservation. Most homes in Burlingame were built prior to the State of California energy code requirements and have strong potential to realize home energy savings by an estimated 20 to 40%. 3. Research and consider implementation of a Solar and Energy Efficiency Financing Program for residents and small business.New legislation allows cities to allow property owners to finance the up-front costs for solar and energy efficiency improvements through their property tax bill.This program would involve the research and consideration of a new financing program for Burlingame to provide residents and small business owners with a method to install solar and or energy efficiency upgrades.ABAG is considering being the lead agency for this program and anticipates jurisdictions could choose to participate in this program in late 2010. 4. Adopt a Residential Green Building Ordinance.Many jurisdictions(Hillsborough,Palo Alto,and San Mateo County)are requiring green building measures in new residential construction. Burlingame has had a voluntary green building program in place since January 2009 and an ordinance could be adopted 12 to 18 months after this voluntary period. Green building are typically 30%more energy efficient than non-green homes,have better indoor air quality and increase real estate value. 5. Adopt a Commercial Green Building Ordinance(after a voluntary period of 12 to 18 months)to require major new commercial construction properties to meet minimum Leadership in Energy and Environmental Design(LEED)standard.Burlingame's commercial buildings account for 61%of the built environment's emissions and requiring mandatory green building measures will begin to reduce these emissions.Commercial property owners can realize an estimated 30%cost savings in utility bills from energy and water efficiency,increased employee productivity,improved indoor air quality and increased real estate value. 6. Develop a Commercial Energy Efficiency Policy to promote energy efficiency technical assistance to commercial sector and provide an Incentive and Recognition Program.Encourage commercial businesses applying for new or renewal of businesses licenses to complete a free PG&E energy efficiency audit.Expand Burlingame's participation in Bay Area Green Business Program and provide incentives for businesses to 4 achieve Green Business Certification. Most office buildings spend 30% of their operating budget on energy consumption. Businesses are in particular need of energy efficiency assistance as they often are not aware of resources, rebates and incentives that are available for energy efficiency. Energy efficiency audits and improvements can save 30 to 40% on energy usageb. 7. Establish a policy that requires Transportation Demand Management(TDM) strategies for new development of large commercial properties. Provide TDM guidelines in the permit packet for all new commercial developments. The program enables new, large commercial employers to address public transportation, bicycling and walking access to new development by incorporating Transportation Demand Management Strategies (TDM). Many commercial developers in the Bay Area are already familiar with these requirements since several surrounding cities already require Transportation Demand Management Strategies (TDM). 8. Adopt a policy to provide prioritized parking for hybrid or alternative fuel cars on city streets, garages and lots. Expand this policy as technology advances to increase accommodation of hybrids and or alternatively fueled vehicles. Providing prioritized parking for hybrid or alternative fuel vehicles can promote the purchase of more fuel efficient cars and reduce emissions. There are a number of new parking lots, structures and plans that are coming online throughout key areas of Burlingame's downtown and commercial areas and these new green spaces could be incorporated. 9. Incorporate bicycle friendly intersections and pathways into street design and modifications. Ensure new developments provide safe and convenient travel by walking, bicycling or public transportation. Providing safe and convenient routes for bicycles and walking can improve quality of life and increase safety for Burlingame residents. Approximately 50% of driving trips are less than five miles and promoting alternatives other than single occupancy vehicles can reduce emissions. 10. Research methods to increase ridership and expand shuttle service and partner with local groups to increase public transportation alternatives. Approximately 50%of driving trips are less than five miles and providing shuttle service and other alternatives other than single occupancy vehicles in Burlingame can reduce emissions. Evaluating the current shuttle service, conducting surveys and researching methods to expand shuttle ridership can assist Burlingame in reducing emissions. 11. Upgrade residential and commercial recycling service to: O "Single stream" recycling collection service for residential and commercial Weekly collection of"single stream" recycling for residential Weekly collection of organics/food collection for residential Recent reports state that improving the current recycling programs can increase recycling 20% to 30% and can assist residents and businesses. Many Burlingame residents at the Climate Action Plan Community Workshop in March 2009 were very supportive of improving recycling programs. The estimated GHG emission reductions from these programs are among the largest of the Climate Action Plan recommendations. b www.pge.com/mybusiness/ 5 12. Adopt a Commercial Recycling Ordinance that requires businesses to divert recyclable organics, containers, cardboard and paper. Burlingame's businesses currently recycle 18%c of their garbage and the percentage of recycling has remained relatively flat for the last few years.An effective commercial recycling ordinance can increase commercial diversion by requiring that recyclables be diverted from landfill. Businesses benefit by increasing their recycling service since recycling is provided at no additional cost. Other cities that have implemented commercial recycling ordinances have reported a 21% increase in commercial diversion. 13. Encourage development of a community group to expand promotion and education of climate action programs. Participation from the community is essential and cost effective for the City to meet GHG reduction targets. Many cities have effective community groups that implement campaigns such as the Drive Smart campaign, Use Less Water campaign that assist the City to meet their goals. Burlingame can benefit from the development of a community group that can leverage resources from several regional promotion and education efforts that are underway in the Bay Area. 14. Dedicate a contracted, part-time(.50) FTE Sustainability Coordinator to promote and educate the community about climate protection programs. The Sustainability Coordinator could function as the central person to coordinate sustainable programs, leverage the regional resources available, write grants, work with City staff and provide the Council and community with progress reports on meeting GHG reduction goals. The Coordinator is an essential component to implementation of climate action plan programs and necessary resource. 15. Develop a "City Green Team" composed of City staff to promote and expand sustainable programs within the City. City departments (Public Works, Parks & Recreation, Community Development, Finance and Library) would include sustainable goals as part of their department's annual goals. The City Green Team (Public Works) would also prioritize and implement energy and water efficiency upgrades for city facilities.d The City can achieve reduced operating costs and be a leader for public and private sector in energy savings and water efficiency. The City has already implemented effective energy saving projects and this program would expand on these efforts. Phase 2 Recommendations for implementation 2012 to 2020 1. Expand solar and renewable energy generation for residential and commercial. Further streamline permit process and provide renewable incentive program. Burlingame continues to have one of the lowest numbers of kilowatts of installed solar capacity in the county. Burlingame has 149 kilowatts of installed solar capacity in comparison with Menlo Park with 687 kilowatts, Woodside with 552 kilowatts and San Carlos with 426 kilowattse. There are significant benefits for the City, residents and businesses to install solar and the new 2009 Federal tax credit of 30% in addition to state incentives has made the installation of solar more cost effective than ever before. The benefits of solar include lower energy bills, insulation from increasing energy `Allied Waste Systems Solid Waste and Recycling Report, December 2008 City of Burlingame's Waste Water Treatment Plant listed as#186 in Bay Area Air Quality Management District Report"2007 Bay Area Major(Top 200)GHG Emitting Facilities" e California Energy Commission and California Public Utilities Commission, December 31,2008 6 costs and an increased value of homes or businessesf. Solar energy is clean and non-polluting and has no negative by products. 2. Adopt Commercial Energy Conservation Policy(voluntary)to encourage inclusion of'Energy and Water Efficiency Checklist'for commercial properties sold to comply with minimum energy efficiency and water conservation standards. Most businesses spend 30% of their operating budget on energy consumption. Businesses are in particular need of energy efficiency education as they often are not aware of resources, rebates and incentives that are available. This program provides a simple"Energy and Water Efficiency Checklist'that provides cost effective and easy methods to increase energy and water efficiency. 3. Adopt mandatory Commercial Energy Conservation Ordinance (after 12 to 18 months of voluntary education and promotion). Budingame's commercial buildings account for 61% of the built environment's emissions and this program would focus on requiring commercial properties with transfer of title to meet minimum standards of energy and water efficiency using the "Energy and Water Efficiency Checklist'. This mandatory program would follow the 12 to 18 months voluntary period of compliance. 4. Adopt mandatory Residential Energy Conservation Ordinance (after 12 to 18 months of voluntary education and promotion). Increasing energy efficiency is the fastest and most economical method to reduce emissions. This ordinance would follow a 12 to 18 month voluntary compliance period (Phase 1 program) that promoted the Residential Energy and Water Efficiency Checklist. The ordinance can provide residents with more energy and water efficient homes and can significantly reduce emissions for the City due to the large number of residences that were built prior to Title 24 (energy efficiency requirements). Most homes in could increase energy efficiency by an estimated 20 to 40%. 5. Encourage mixed use, infill and higher density development. The transportation sector is the largest contributor to Burlingame's emissions (60%). Land use is closely linked to transportation because it is the orientation of destinations that require us to travel. Encouraging mixed use, infill and higher density can reduce greenhouse gas emissions, provide a higher quality of life, and improve safety and health for the Burlingame community. 6. Evaluate current Construction and Demolition (C&D) policy and consider an increase to the current required diversion rate. Increasing the diversion requirement can reduce waste to landfill and could be implemented with relatively minor modifications since city staff (Recycling Specialist) is already monitoring and enforcing the current ordinance. A neighboring city is achieving over 80% diversion from their construction projects and Burlingame could realize reduced emissions from an increased diversion requirement. 7. Require recycling at major public events in Burlingame (of cardboard, containers and foodiorganics). Events produce a significant amount of cardboard, aluminum cans, plastic bottles and food/organics. Requiring recycling at these public events diverts waste from landfills, reduces costs to the event holder and responds to the public's interest in recycling while away from home. Increased recycling provides a significant decrease of emissions because methane is released from waste decomposing at landfills and is significantly more potent than carbon dioxide. Appraisal Institute Survey 7 8. Adopt a policy to achieve city-wide diversion rate of 75% measured diversion by 2015. Burlingame has direct control over solid waste, recycling and composting decisions and can take advantage of the new and expanded recycling and composting programs as they become available to Burlingame residents and businesses. Improved recycling can greatly reduce waste to landfill, save energy and air pollution, and extend the life of the landfill that saves the City in long terms solid waste costs. 9. Adopt a Civic Green Building Policy that requires "Leadership in Energy and Environmental Design" (LEED) green building standard for new municipal construction. Many jurisdictions (Hillsborough, San Mateo County, and Palo Alto) are adopting Civic Green Building policies to reduce operating costs and be a leader for the public and private sector in green building. The California Energy Commission (CEC) is dedicating grant funds for municipal and public facilities for green building and energy efficiency measures. Green buildings provide improved air quality, reduced solid waste, improved employee productivity and minimize strain on the local infrastructure. Also, a recent State of California study showed that green buildings have a financial upside that exceeds the cost by a factor of ten-to one. 10. Consider establishing a City Sustainable Commission. The City will need the participation and engagement from all sectors of the community to achieve the AB 32 GHG reduction targets. A City Commission dedicated to sustainable issues can provide the needed focus by the City and the community to meet Burlingame's greenhouse gas reduction target 11. Complete feasibility study to install solar or other renewable energy at select City Facilities (e.g.,waste water treatment plant) and install where feasible. The benefits of solar reduce operating costs and insulate the City from future energy rate increases. The City can lead by example by installing solar that generates clean and non-polluting energy and has no negative by products. The California Energy Commission provides rebates for the installation of renewable energy systems and wind turbine generation systems. New technological advances in wind technology have made wind generation very cost effective. The cities of South San Francisco and San Bruno are considering wind and solar installations at the Water Quality Control Plant in South San Francisco to save $4 million over 20 years. 12. Adopt Sustainable Purchasing Policy with two mandatory requirements: City fleet purchases must require hybrid or alternative fueled vehicles (with some exceptions), and, require a minimum 30% recycled content materials for paper products purchases. The City adopted an Environmental Purchasing Policy in March 2009 that encouraged the purchase of sustainable products that minimize their environmental impacts. This new policy would include two requirements that several other cities (Palo Alto) are adopting to reduce emissions 13. Dedicate a contracted or staff position for the Sustainability Coordinator to promote and educate the community about climate protection programs. The Sustainability Coordinator could function as the central person to coordinate sustainable programs, leverage the regional resources available, write grants, work with City staff and provide the Council and community with progress reports on meeting GHG reduction goals. The Coordinator is an essential component to implementation of climate action plan programs and necessary resource. 8 GHG Emission Reductions from Phase 1 and Phase 2 Implementation The program recommendations in Phase I and Phase 2 have been analyzed to determine their GHG reduction potential using the Climate and Air Pollution Planning Assistant9 (CAPPA) software developed by ICLEI. Burlingame's emission reduction target is 15% below the 2005 base year by the year 2020 and 80% below the base year by 2050. Burlingame's base year emissions are 336,944 metric tons of carbon dioxide equivalent (CO2e) and the 2020 emissions target is a minimum of 286,402, or an estimated 50,542h to 122,378 tons to be reduced by 2020, depending on Burlingame's consumption trends. Annual emission reductions are estimated at 5,054 to12,238 depending on Burlingame's consumption trends, to meet the 2020 reduction target. By implementing the programs recommended in Phase 1 , Burlingame would begin to realize GHG emission reductions that total an estimated 9,201 tons per year, which is in the range of necessary GHG reductions for Burlingame to meet the year 2020 target. By carrying out the programs recommended in Phase 2, Burlingame would begin to realize GHG emission reductions that total an estimated 3,783 tons per year. Table 2 shows Burlingame's GHG emission reductions resulting from the implementation of the programs recommended in Phase 1 and Phase 2. Table 2: Burlingame's GHG Reduction Target Analysis Metric Under Phase 1 and Phase 2 Recommendations TonsCO2e 2020 "Business-as-Usual" Emissions 408,780 2020 Reduction Target (15% below 2005 levels) 286,402 Total Emissions Reductions Necessary to Meet Target (122,378) Required Annual Emissions Reductions (2010-2020) (12,238) Annual Reductions from Phase 1 Recommendations (9,201 ) Annual Reductions from Phase 2 Recommendations (3,783) [Total Phase 1 and Phase 2 Annual Reductions (12,984) There are additional outside factors to consider that are beyond Burlingame's control in meeting the emission reduction target. Burlingame has limited ability to control decisions that impact a significant portion of their emissions, most notably the transportation sector, which is responsible for 60% of emissions and, to a lesser extent, energy generation in the State. There are current State initiatives and programs, such as SB 375, that focus on transportation and energy generation that will reduce emissions and assist Burlingame to meet AB 32 reduction targets. These State initiatives are discussed in the Achieving AB 32 Greenhouse Gas Reduction Target section of the Climate Action Plan. By implementing the programs and policies in Phase 1 and Phase 2 of the Climate Action Plan, the current analysis shows that Burlingame would be within the necessary range of emissions reductions to meet the 2020 reduction target of 15% below 2005 levels by 2020. 9 The Climate and Air Pollution Planning Assistant (CAPPA) provides local governments with assistance in developing plans to reduce emissions and uses Burlingame-specific data to determine greenhouse gas reduction estimates. h The estimated greenhouse gas emissions and estimated costs for these programs are in Appendix C: Assumptions of the Burlingame Climate Action Plan. 9 Implementation Once the Council adopts the Climate Action Plan,the individual recommendations within the plan will be developed by staff and/or consultants and presented for the Council's consideration before they are implemented. In developing these recommendations,the Task Force was keenly aware of the challenges facing the City due to the economic downturn and consequent budget cuts and staff reductions that Burlingame and other cities are currently experiencing.For this reason,a phased approach is used for implementation.Phase 1: High-Impact GHG Reduction Programs for Implementation Prior to 2012 identifies the"low hanging fruit" that provide significant emission reductions for Burlingame with low initial costs in the near term.This phase also provides the essential education and promotion component and involves several voluntary compliance measures.Phase 2:GHG Reduction Programs for Implementation 2012 to 2020 has been developed for implementation beyond 2012.Several of the Phase 2 recommendations involve mandatory requirements and capitalize on the voluntary compliance period of Phase 1 programs.Recommendations for Phase 2 were selected because they can provide increased greenhouse gas reductions,have an increased number of mandatory requirements and continue to focus on Burlingame's major emission sectors.The"Implementation,Funding and Next Steps"chapter of the Climate Action Plan provides specific recommendations for the City Council to consider for implementation The adoption of the Climate Action Plan does not create any obligation of the City to take specific actions or commit specific financial resources toward the GHG emissions reduction programs of Phase 1 or Phase 2 of the Climate Action Plan. Instead,the Climate Action Plan provides a statement of intent for priorities and policies for the short and long term. The involvement and commitment from the Burlingame City Council, staff and community will be essential to begin to reduce GHG emissions and meet the reduction targets. It is recommended that the City begin implementation of Phase 1 program recommendations as soon as feasible because it will be easier to reduce emissions if programs are introduced gradually,with a promotion and education period and voluntary compliance prior to potential mandatory requirements. To implement the programs,the City could use a combination of grant funds,a portion of current staff resources and leverage regional resources to begin reducing emissions in the near term. The Task Force recommends that the City continue to explore methods to incorporate climate protection programs into existing workloads and systems. The development of the"City Green Team"(composed of City department head staff)can begin to expand sustainable programs within the City and assist in the promotion and education of sustainable programs for the community. Additionally,the inclusion of annual sustainable goals for city departments will assist with monitoring the progression of emission reductions. It is recommended that the promotion and education of sustainable programs be enhanced at city departments where feasible.It is also recommended that the'Sustainable Burlingame'website be expanded to include more comprehensive sustainable information,resources and tool for residents, commercial,schools and community groups. The City cannot complete all the work that will be necessary to educate and implement the climate protection programs,therefore,it's recommended that the City encourage a volunteer community group similar to the sustainable community organizations that have begun in Menlo Park,Redwood City and Los Altos Hills.These community groups can complete education and promotion campaigns using the successful models and resources developed by these communities at no cost to the City. 10 It is recommended that the City complete a Community Greenhouse Gas Inventory in 2010 and every 2 years thereafter to monitor progress toward the 2020 emissions reduction target. It is also recommended that the City consider interim GHG reduction targets for internal monitoring purposes to track progress toward the 2020 goal. The recommended interim targets are as follows: Table 3: Interim GHG Reduction Targets Percentage . . - Emission Emissions Reduction from Base Year • • 2005 Base Year - - - 336,944 2012 Target Year 7% 313,358 2015 Target Year 12% 296,511 2020 Target Year 15% 286,402 It has become clear from recent reports from the International Panel on Climate Change that climate change is occurring now and that the current goal is to first slow and then reverse emissions to avert the more serious impacts in the future. It is recommended that the City of Burlingame prepare itself for the increasing challenges that climate change will inevitably bring that include shrinking water supplies, rising temperatures, rising Bay levels and increased public health issues for the elderly and young. It is recommended that the City participate in regional efforts for climate change adaptation. It is recommended that the City's Web site be updated periodically to show the progress of the Climate Action Plan program implementation and progress toward the 2020 GHG reduction target. Burlingame's Climate Action Plan programs should be reviewed every 2 or 3 years as new technologies emerge and additional opportunities arise and as new regional, state and federal policies evolve. COST DISCUSSION One of the major barriers to implementing climate action programs is the lack of available funds and staff resources. There are multiple grant and loan programs through Federal, State and regional programs that can fund emission reduction programs. With the approval of the Climate Action Plan by Council, Burlingame is in an advantageous position to apply for grant funding. An example of potential grant fund availability is "Energy Efficiency and Conservation" grant programs (from the American Recovery and Reinvestment Act of 2009) that will provide approximately $30 million through competitive grants to California cities that have populations under 35,000. The California Energy Commission states that the grant funds shall be used to provide energy efficiency improvements, renewable energy generation, and expansion of green building programs or install cost effective renewable energy installations. The Phase 1 program costs are estimated at $158,500 and the Phase 2 costs are estimated at $218,500 in Appendix C: Assumptions of the Climate Action Plan. This Appendix provides the basis of the costs estimates and the associated greenhouse gas emission reduction estimates for the all of the program recommendations. To fund these programs, the City could use a combination of grant funds, a portion of current staff resources and leverage regional resources to begin reducing emissions in the near term ' California Energy Commission Webinar Presentation May 7, 2009. Information presented in this report may be modified based on CEC requirements provided in July 2009. 11 The City can benefit from the timely adoption of the Climate Action Plan by using the Plan as a component of a grant application. Using the example of the"Energy Efficiency and Conservation"grant,applications would likely be due in fall 2009 and once jurisdictions are awarded the grant funds,jurisdictions must complete all programs and payment of programs by April 30,2012.This timeline coordinates well with the Climate Action Plan's Phase 1 recommendations which are recommended for implementation prior to 2012. The commitment from City Council,City staff and the community will be essential to reduce GHG emissions and meet reduction targets. The City can realize cost savings from the implementation of energy and water efficiency programs at city facilities. The City could continue to implement these cost saving programs and potentially use these funds to fund additional sustainable projects in the City.The Task Force recommends that the City continue to explore funding sources and additional methods to incorporate climate protection programs into existing workloads to reduce costs. ATTACHMENT: Burlingame Climate Action Plan 12 City of Burli' ngame Climate Action Plan OPN j . S y , �4 s i v a r` FT � r 7 7� u r Y t � 3 s1.2 June 2009 CITY O City of Burlingame - . 501 Primrose Road —� Burlingame, CA 94010 tiCOa PORnT , G This page intentionally left blank Acknowledgments Green Ribbon Task Force The following individuals and organizations contributed to the completion of the Burlingame Climate Action Plan and provided valuable input and important information: Kathy Aird Neal Kaufmann Cathy Baylock, Vice Mayor Michael Kerwin Michael Brownrigg, Planning Commissioner Michael McCord Brian Eli, City Intern Terry Nagel, Green Ribbon Task Force Chair Randy Grange & Council Member Pat Gray Jennifer Varma r James Kao Stan Vistica, Planning Commissioner City of Burlingame Staff Maureen Brooks, Planning Manager Joe Cyr, Chief Building Official Jane Gomery, Program Manager Rob Mallick, Public Works Superintendent William Meeker, Community Development Director Syed Murtuza, Public Works Director Jim Nantell, City Manager Jesus Nava, Finance Director Additional Thanks to: Kathleen Gallagher, CSG Consultants, Inc. Jack Nixon, CSG Consultants, Inc. Association of Bay Area Governments (ABAG), ICLEI/Cities for Climate Protection, Joint Venture Silicon Valley, Bay Area Air Quality Management District (BAAQMD), Intergovernmental Panel on Climate Change (IPCC), Rethinkwaste.org, Pacific Gas and Electric, Metropolitan Transportation Commission, Stopwaste.org, California Climate Action Team (CAT), Recycleworks.org and the City/County Association of Governments (C/CAG) Jeanne Dewey (Cover photo and selected photos throughout document) www.burlingame.org/sustainable ;mate Acton Plar Contents ExecutiveSummary.....................................................................................................................i I. Introduction..............................................................................................................................1 II. Burlingame's Community Greenhouse Gas Inventory.............................................................8 III. Achieving AB 32 Greenhouse Gas Reduction Target.............................................................9 IV. Climate Action Plan Program & Policy Recommendations...................................................13 Phase 1: High-Impact Greenhouse Gas Reduction Programs for Implementation Prior to 2012..................................................................................................................................14 Phase 2: GHG Reduction Programs for Implementation 2012 to 2020..............................32 V. Implementation, Funding and Next Steps.............................................................................47 VI. Adaptation to Climate Change.............................................................................................53 Appendix A: U.S. Mayors Climate Protection Agreement..........................................................54 Appendix B: GHG Inventory Technical Analysis........................................................................58 AppendixC: Assumptions.........................................................................................................63 Glossaryof Terms ....................................................................................................................69 EL r6'1C c Rlc e ..;''OC P'e Executive Summary The City of Burlingame's Climate Action Plan serves as a guiding document to identify methods that the City and community can implement to significantly reduce greenhouse gas (GHG) emissions. It is an important first step toward meeting the requirements mandated by new California legislation, known as Assembly Bill 32, California's Global Warming Solutions Act of 2006, which requires emissions to be reduced 15% below current levels (as measured in 2005) by the year 2020 and to be reduced by 80% by the year 2050.' Burlingame's City Council signed the United States Mayors Climate Protection Agreement in August 2007 and joined 670 other cities that pledged to reduce emissions within their jurisdiction. During 2007, the Green Ribbon Task Force convened and the City of Burlingame joined ICLEI (now called Local Governments for Sustainability) to share best practices with other cities. r In January 2009 the City Council directed the Green Ribbon Task Force to develop a Climate Action Plan for Burlingame with assistance from CSG Consultants. Palo Alto, Menlo Park, San Mateo, Foster City, San Carlos, Belmont, Rohnert Park, San Francisco, San Jose, Santa Monica, Berkeley and Oakland are among the cities that have completed a Climate Action Plan.2 The Green Ribbon Task Force began the Climate Action Plan development process by considering the most cost-effective and feasible GHG reduction programs for implementation in Burlingame. Meetings were also held with Burlingame staff members to discuss the draft recommendations and receive feedback. Burlingame's Task Force held a Burlingame Climate Action Plan Community Workshop in March 2009 to receive community stakeholder feedback. Community Workshop attendees showed significant interest in the Climate Action Plan development and in the expansion of sustainable efforts by the City of Burlingame and community. Burlingame's Climate Action Plan provides a comprehensive document that creates a baseline of emissions, sets achievable targets as stipulated by AB 32, and recommends steps to be taken to reduce emissions, increase sustainability and improve quality of life. The report includes the following components: O Climate change impacts on Burlingame and recent legislation regarding climate change; Major sources and quantities of Burlingame's emissions which constitute a baseline inventory; Burlingame's emissions reduction target, which is based on AB 32, California's Global Warming Solutions Act of 2006; 4 Program and policy recommendations to assist Burlingame in meeting the GHG reduction goal in two phases: one phase for high-impact, near-term program recommendations to be implemented prior to 2012 and a second phase for program implementation from 2012 to 2020; 4 State and regional initiatives that will assist Burlingame in reducing greenhouse gas emissions; California Air Resources Board(www.arb.ca.gov) 2 Joint Venture Silicon Valley www.jointventure.org/programs-initiatives Executive Summary M Burlingame Climate A.7" 4 Implementation, funding and recommended next steps; Recommendations for adaptation to climate change. The Climate Action Plan establishes a framework of action that the City and community can implement and provides a statement of intent for priorities and policies for the short and long term. However, the plan is not binding on the City Council or the community. Once the Council adopts the Climate Action Plan, the individual recommendations within the plan will be developed by staff and/or consultants and presented for the Council's consideration before they are implemented. Climate Action Plan Process The method used by most cities to develop a Climate Action Plan is by following the Five Milestone Process established by ICLEI (Local Governments for Sustainability). Figure 1 explains how the process works. Figure 1 : Climate Action Plan Development Process The ICLEI 5--Milestone Process Leadership Commitment Milestone 1 i Inventory Emissions 10ilestone 2 Establish Target Milestone 5 Milestone Monitor/Evaluate Develop Climate Progress Action Plan r,',ilestone I C L E I Implement Climate't , Action Plan _3Ri ® Executive Summary ^aan-e G„»cte' a How Climate Change Impacts Burlingame The Intergovernmental Panel on Climate Change(IPCC),a panel of the world's leading experts on climate change,3 has reported that global warming presents catastrophic threats and poses severe environmental,economic,health and social consequences for the global community. Threats to Burlingame and other Bay Area cities include: 4 Rising sea and San Francisco Bay levels and resulting threats to coastal infrastructure (including San Francisco International Airport),due to increasing rates of polar snow and ice melt.Research estimates that the sea level rise could inundate the entire area east of the Bayshore Freeway by 2099;4 4 Significant water shortages in the Bay Area's primary water supply from Hetch Hetchy Reservoir,due to a shrinking Sierra Nevada snowpack; �Negative impacts on wildlife,including significant species loss; 4 Increased heat waves,flooding,extreme weather patterns and increased incidence of large wildfires; O Serious public health threats for elderly and young due to intensified heat waves, exacerbated local air pollution,a significant increase in"Spare the Air”days and an expanded range for infectious diseases. Burlingame and other jurisdictions have control over several important decisions that impact emissions,including green building,energy efficiency,renewable energy,and expansion of recycling and composting programs,transportation and land use issues.Burlingame's Climate Action Plan can be the framework for the City and community to begin implementing emission reduction programs and policies. How a Climate Action Plan Benefits Burlingame Benefits from the development of a Climate Action Plan go beyond the science of climate change and provide additional economic,public health,quality of life and environmental benefits.The following are a few examples of how the Burlingame community benefits from climate protection programs. Economic Benefits �Recent economic analyses from Florida and California demonstrate that policies addressing climate change also yield tangible economic benefits and job growth.These reports demonstrate that climate solutions can be a major engine of economic revitalization in difficult economic times.5 4 Energy and water efficiency programs can provide homeowners and businesses with 20%to 40%cost savings. 3 Intergovernmental Panel on Climate Change(IPCC)was established by the World Meteorological Organization and the United Nations in 1988.It is comprised of the world's leading climate change experts and Nobel Prize winners who develop the most recent climate science findings every 5-7 years and present them to the world's political leaders. Fifth Annual California Climate Change Conference Sept.2008. 5 htto:/twww.edf.ora/article.cfm?contentlD=8722 Executive Summary urlingame (71imate Actior An economic analysis by Governor Schwarzenegger's Climate Action Team found that meeting GHG targets will create $4 billion in additional income and 83,000 new jobs for Californians by 2020. As demand for clean, renewable energy continues to grow, cities that tap into this increasing demand will have a competitive economic advantages Residential, commercial and municipal green building provides reduced operating costs, increases productivity and improves indoor air quality. Recent reports show that green buildings have increased real estate value and hold or rise in value versus traditional buildings.' Energy and water efficiency improvements can save the City significant operating costs (an estimated 10% to 15% improvement). Public Health and Quality of Life Benefits 4 Elderly and young Burlingame residents will see serious public health consequences due to intensified heat waves and exacerbated local air pollution. Climate protection programs improve air quality and can decrease negative health impacts such as asthma. Climate protection programs can provide more healthy lifestyles for the community by providing more public transportation, bicycling and walking opportunities. The American Public Transportation Association reported in March 2009 that public transportation ridership had reached its highest level in 52 years.8 Climate protection programs provide co-benefits such as bicycle friendly and walkable neighborhoods that create vibrant communities. Community Greenhouse Gas Emissions Inventory Burlingame's Community Greenhouse Gas Inventory was w4%te developed using the Clean Air and Climate Protection (CACP) software developed by Local Governments for Sustainability (ICLEI), which uses data on electricity and natural gas Residential consumption, vehicle miles traveled (VMTs) and solid waste 14% tonnage and converts it into carbon dioxide equivalents (CO2e), using specific coefficients according to fuel or waste types. The , CACP software determines emissions using specific factors (or Commercial 1 coefficients) according to the type of fuel used. 22°,4 1 Converting all greenhouse gas emissions to CO2e units allows for the consideration of different greenhouse gases in comparable terms. For example, methane is 21 times more powerful than carbon dioxide on a per-weight basis in its capacity to trap heat, so the software converts one metric ton of methane emissions to 21 metric tons of carbon dioxide equivalents. Figure 2: Community GHG Emissions by Sector 6 Renewable energy technologies (e.g., wind, solar) generate more jobs in construction, manufacturing and installation than fossil fuel based energy technologies, www. iclei.us.org RICS Research March 2009, Berkeley, Calif. 8 http://www.washingtonpost.com/wp-dyn/content/article/2009/03/08/AR2009030801960.html ® Executive Summary Burlingame's community emissions inventory provides a baseline of emission levels against which future reductions can be measured. The analysis showed that the community of Burlingame released 336,944 metric tons of CO2e in the base year of 2005. The transportation sector accounted for 60% of the emissions and the commercial sector accounted for 22%. These two sectors were the largest sources of emissions from the Burlingame community. Emissions from the residential sector accounted for 14%, and the waste sector accounted for 4% of the emissions. As with other San Francisco Bay area cities, transportation (vehicle miles traveled) contributes a significant percentage of Burlingame's emissions. Sixty percent of total emissions were a result of transportation within the City's borders. For Burlingame, more than 70% percent of the emissions in the transportation sector are a result of highway travel because Burlingame has heavily traveled Highways (280, 101 and 82) that fall within its borders. Nearly 30% of Burlingame's emissions in the transportation sector came from travel on city roads. The community GHG inventory provides an understanding of where the highest percentages of emissions originate in Burlingame and enabled the Task Force to consider emission reduction programs focused on higher GHG reduction impact, cost-effectiveness and feasibility of implementation. Greenhouse Gas Reduction Target To maintain consistency with the AB 32 emission reduction targets, the Task Force recommended that Burlingame reduce emissions by 15% below the base year by 2020 and 80% by the year 2050. Burlingame's 2005 base year emissions were 336.944 metric tons of carbon dioxide equivalent (CO2e). To reduce emissions to 15% below 2005 baseline levels by 2020. the community would need to reduce emissions by 50,542 metric tons to 286,402 metric tons during that period. But that estimate assumes that emissions are not expected to increase beyond the 2005 baseline levels. Figure 3: Burlingame's "Business as Usual" Emissions Forecast for 2020 "Business-as-Usual" Emissions Forecast for 2020 500.000 - 400.000 ■Waste a� N O 300.000 ❑Transportation �° 200.000 ■Commercial U W 2 100.000 ®Residential 0 2005 2020 Executive Summary M Figure 3 provides Burlingame's baseline inventory and forecasts for population, transportation and commercial activity growth, as provided by the Association of Bay Area Governments (ABAG) in its "business-as-usual" emissions forecast for the year 2020. This forecast revealed projected emissions levels 21.3% higher than 2005 levels. If Burlingame continues with the 2005 pattern of energy consumption, waste production and transportation use, annual emissions are estimated to increase from 336,944 to 408,780 metric tons by 2020. Therefore, the percent change from "business as usual" in 2020 to 15% below 2005 levels is 29.9%. Table 1 identifies the 2005 base year emissions, the target year reduction and the estimated annual required emissions to meet the 2020 reduction target. A total of 50,542 metric tons is the minimum reduction needed for Burlingame to meet the 2020 target and the needed reduction in tons could be as high as 122,378 metrics tons if Burlingame consumption trends continue. The estimated annual reduction is in the range of 5,054 tons to 12,238 tons per year to meet the target year. These reductions are challenging but are in line with the goals of many Bay Area cities. Table 1: Burlingame GHG Emissions ' ' it 2005 Base Year Emissions (metric tons CO2e) 335,944 408,780 2020 Target Year Reduction (15% below 2005 levels) 286,402 286,402 Emissions Reductions Necessary to Meet Target (50,542) (122,378) Required Percentage Emissions Reduction 15.0% 29.9% Required Annual Emissions Reductions (2010-2020) (5,054) (12,238) Development of GHG Reduction Recommendations In this document, the GHG reduction recommendations are organized in separate program categories: Energy efficiency and green building Transportation and land use Waste reduction and recycling 4 Education and promotion Municipal operations These recommendations were developed in a collaborative process by the Green Ribbon Task Force with input from community members and City staff over several months. The final recommendations were selected because they focus on the high-impact GHG reduction programs that can cost-effectively reduce emissions in Burlingame. In developing these recommendations, the Task Force was keenly aware of the challenges facing the City due to the economic downturn and consequent budget cuts and staff reductions that Burlingame and other cities are currently experiencing. For this reason, the Task Force recommends a phased approach to implementation. It developed Phase 1: High-Impact GHG Reduction Programs for Implementation Prior to 2012 to provide the City with recommendations that can be 9 Association of Bay Area Government(ABAG) 2020 Projections ® Executive Summary implemented in the near term to begin the necessary reductions in emissions.The second phase,Phase 2:GHG Reduction Programs for Implementation 2012 to 2020,has been developed for implementation beyond 2012.The Task Force recommends that the City begin Phase 1 implementation as soon as possible because it will be easier to reach state-mandated goals if programs are introduced gradually,with a voluntary compliance period.Essential steps for program implementation and funding opportunities are discussed in the Implementation, Funding and Next Steps section of this document. Many of the recommendations are best practices of other cities that have already implemented such programs.Leveraging the work of other jurisdictions with their permission will save Burlingame time and money. Summary of Greenhouse Gas Reduction Recommendations Burlingame's Climate Action Plan is designed to focus on near-and medium-term solutions to reduce its emissions.These program and policy recommendations were developed after careful consideration of the unique characteristics and demographics of the Burlingame community and the major sources of emissions from Burlingame's Community Greenhouse Inventory.The Green Ribbon Task Force reviewed the best practices of GHG reduction strategies and narrowed them to 29 recommendations based on GHG reduction impact,cost-effectiveness, feasibility of implementation,staff feedback and community feedback from the Burlingame Community Climate Action Workshop. The Task Force approved five major focus areas:energy use/green building,transportation/land use,solid waste,education/outreach and municipal programs.A phased approach was recommended to focus on the near-and mid-term recommendations and two stages of program implementation were developed.Recommendations for Phase 1 were selected because they provide higher-impact GHG reductions,are lower in cost,leverage regional resources and focus on Burlingame's major emission sectors.Phase 1 recommendations also provide essential education and promotion program components to allow sufficient time for community and staff training prior to consideration of mandatory requirements. Phase 1:GHG Reduction Recommendations for Implementation Before 2012 The following is a summary of the programs recommended for implementation prior to 2012: Energy Efficiency and Green Building Recommendations Energy efficiency and green building programs are considered the"low hanging fruit"of Climate Action Plans because they provide the fastest and most economical means to reduce emissions.Burlingame's GHG inventory showed that energy consumption by the commercial (22%)and residential(14%)sectors is the second largest contributor(36%)of Burlingame's emissions.The energy efficiency and green building programs in Phase 1 are recommended because they reduce emissions cost effectively and efficiently.Approximately 90%of Burlingame homes were built prior to the State of California energy codes and have significant potential to increase energy efficiency and water conservation.Typically,homes can increase energy efficiency 30%to 40%,10 and Burlingame residents can realize significant cost savings. Similarly,most businesses spend approximately 30%of their operating budget on energy 10 California Public Utilities Commission 2008 Strategic Plan Executive Summary Burlingame Climate ,Act,or Fay consumption and providing businesses with energy efficiency resources can help businesses save on an estimated 20-30% in utility costs. Recommendations are: 1. Adopt a Water Efficient Landscape Ordinance as required by AB 1881" and consider inclusion of more stringent water conservation requirements. 2. Adopt a Residential Energy Conservation Policy (voluntary) to provide professional energy audits for residents at a reduced cost. The Policy also includes promotion of a Residential Energy and Water Efficiency Checklist for properties sold or for"transfer of title" that encourage upgrades in energy efficiency and water conservation. 3. Research and consider implementation of a Solar and Energy Efficiency Financing Program for residents and small businesses. 4. Adopt a Residential Green Building Ordinance to require a minimum amount of green measures in new residential construction (follows the current voluntary green building program in place since January 2009). 5. Adopt a Commercial Green Building Ordinance (after a voluntary period of 12 to 18 months) to require major new commercial construction properties to meet the minimum Leadership in Energy and Environmental Design (LEED) standard. 6. Develop a Commercial Energy Efficiency Policy (voluntary). Implement an Incentive and Recognition Program. Expand participation in Bay Area Green Business Program. Transportation and Land Use Recommendations The transportation sector is the largest contributor to Burlingame's emissions (60%). Most of the emissions (70%) are from vehicles traveling on Highway 101, Highway 280 and Highway 82 (EI Camino Real), while the remainder(30%) is due to travel on Burlingame roads. Achieving a 15% reduction from the 2005 baseline levels involves policy and program implementation outside of the control of Burlingame decision makers. However, approximately 50% of driving trips are less than five miles and Burlingame can help reduce emissions by promoting alternatives other than single-occupancy vehicles, such as promotion and use of alternative-fuel vehicles, expanding public transportation, and providing safe and convenient bicycling and walking routes. Land use is closely linked to transportation because it is the orientation of destinations that require us to travel. For this reason, land use and transportation are included in the same group of recommendations. The City has already completed several significant steps in transportation and land use decisions that will reduce greenhouse gas emissions. These steps include adoption of a Bicycle Transportation Plan, installation of bicycle route signs and bicycle racks, providing shuttle service and promotion of public transportation. An important achievement was the adoption of the North Burlingame/Rollins Road Specific Plan, which encourages mixed-use and high-density residential development within one-half mile of BART/Caltrain intermodal station. A Downtown Specific Plan with similar transit-friendly provisions is due to be adopted during 2009. The Green Ribbon Task Force also recommends that the City: 7. Establish a policy that requires Transportation Demand Management (TDM) strategies for new development of large commercial properties, and provide TDM guidelines in the permit packet for all new commercial developments. "www.owue.water.r-a.gov ® Executive Summary 8. Adopt a policy to provide prioritized parking for hybrid or alternative-fuel cars on city streets, garages and lots. Expand this policy as technology advances to increase accommodation of hybrids and or alternatively fueled vehicles. 9. Incorporate bicycle friendly intersections and pathways into street design and modifications. Ensure new developments provide safe and convenient travel by walking, bicycling or public transportation. 10. Research methods to increase ridership and expand shuttle service and partner with local groups to increase public transportation alternatives. Waste Reduction and Recycling Recommendations Burlingame disposed of 29,779 tons of waste to landfill in 2008, and Burlingame's GHG inventory showed that approximately 4% of emissions were from solid waste. Though this percentage of emissions may seem like a small percentage, the actual emissions from waste decomposing at landfills are significantly more potent than carbon dioxide. As waste from landfills decomposes, methane gas is released, which is 21 times more potent that carbon dioxide (CO2). For this reason, the solid waste sector has strong potential to provide GHG reductions, especially as new and expanded recycling and composting programs become available to Burlingame residents and businesses. The Task Force recommends: 11. Upgrade residential and commercial recycling service to: "Single stream" recycling collection service for residential and commercial Weekly collection of"single stream" recycling for residential Weekly collection of organics/food collection for residential 12.Adopt a Commercial Recycling Ordinance that requires businesses to divert recyclable organics, containers, cardboard and paper. Promotion and Education Program Recommendations A Climate Action Plan is more effective if the community is aware of its goals and policies. Resident participation is essential for many of the Climate Action Programs if Burlingame is to achieve the AB 32 GHG reduction targets. Burlingame can benefit from the development or expansion of climate change resources, including part-time staff and programs. It can leverage resources from several regional efforts that are under way in the Bay Area. Recommendations are: 13. Encourage development of a community group to expand promotion and education of climate action programs. 14. Dedicate a contracted, part-time (50 FTE) Sustainability Coordinator to implement and coordinate climate action programs. This position is an essential component to program implementation. Municipal Program Recommendations The City of Burlingame's Public Works staff members are to be commended for the work they have already completed in energy efficiency. This work includes participation in the Energy Watch Program, Pacific Gas and Electric's Demand Response Program and the conversion of traffic signals to LEDs. The goal is to expand this energy efficiency and water conservation efforts for city operations that can provide the City with additional cost savings and reduce emissions. The Task Force recommends: Executive Summary 15. Develop a "City Green Team" composed of City staff to promote and expand sustainable programs within the City. City departments (Public Works, Parks & Recreation, Community Development, Finance and Library) would include sustainable goals as part of their department's annual goals. The City Green Team (Public Works) would also prioritize and implement energy and water efficiency upgrades for city facilities.12 The City can achieve reduced operating costs and be a leader for public and private sector in energy savings and water efficiency. Phase 2: GHG Reduction Recommendations for Implementation from 2012 to 2020 The following programs are a summary of the recommended policies for implementation from 2012 to 2020. These programs are provided as a successive phase to Phase 1 and involve an expansion of requirements from the education and promotion period of Phase 2. Energy Efficiency and Green Building Recommendations 1 . Expand solar and renewable energy generation for residential and commercial. Further streamline the permit process and provide a renewable incentive program. 2. Adopt Commercial Energy Conservation Policy (voluntary) to encourage inclusion of an Energy and Water Efficiency Checklist for commercial properties sold to comply with minimum energy efficiency and water conservation standards. 3. Adopt mandatory Commercial Energy Conservation Ordinance (after 12 to 18 months of voluntary education and promotion). 4. Adopt mandatory Residential Energy Conservation Ordinance (after 12 to 18 months of voluntary education and promotion). Transportation and Land Use Recommendations 5. Research additional methods to expand and enhance shuttle and public transportation services to increase shuttle ridership and public transportation alternatives. 6. Encourage mixed-use, infill and higher-density development. Waste Reduction and Recycling Recommendations eAk 7. Evaluate current Construction and Demolition (C&D) � policy and consider increasing the current required diversion rate. 8. Require recycling at major public events in Burlingame _ (of cardboard, containers and food/organics). 9. Adopt a policy to achieve city-wide diversion rate of 75% measured diversion by 2015. 'Z City of Burlingame's Waste Water Treatment Plant listed as #186 in Bay Area Air Quality Management District Report "2007 Bay Area Major (Top 200) GHG Emitting Facilities" Executive Summary Burlingame Climate Action Plan Municipal Program Recommendations 10. Adopt a Civic Green Building Policy that requires a "Leadership in Energy and Environmental Design" (LEED) green building standard for new municipal construction. 11. Consider establishing a Sustainability Commission that can provide a focused effort on sustainable issues for the City and the community to meet Burlingame's greenhouse gas reduction target. 12. Complete feasibility study to install solar or other renewable energy at select City facilities (such as the wastewater treatment plant) and install where feasible. 13. Adopt Sustainable Purchasing Policy with two mandatory requirements: City fleet purchases must require hybrid or alternative fueled vehicles (with some exceptions) and paper product purchases must include a minimum of 30% recycled content. 14. Retain Sustainability Coordinator to function as the central person to coordinate programs, write grants and leverage resources for the City. The Coordinator is an essential component to program implementation. Estimated GHG Reduction from Phase 1 and Phase 2: GHG Reduction Recommendations The program recommendations in Phase I and Phase 2 have been analyzed to determine their GHG reduction potential, using the Climate and Air Pollution Planning Assistant13 (CAPPA) software developed by ICLEI. Burlingame's emission reduction target is 15% below the 2005 base year by the year 2020 and 80% below the base year by 2050. Burlingame's base year emissions are 336,944 metric tons of carbon dioxide equivalent (COZe) and the 2020 emissions target is a minimum of 286,402, or an estimated 50,542 to 122,378 tons to be reduced by 2020, depending on Burlingame's consumption trends. Annual emission reductions are estimated at 5,054 to12,238 depending on Burlingame's consumption trends, to meet the 2020 reduction target. By implementing the programs recommended in Phase 1, Burlingame would begin to realize GHG emission reductions that total an estimated 9,201 tons per year, which is in the range of necessary GHG reductions for Burlingame to meet the year 2020 target. By implementation of the programs recommended in Phase 2, Burlingame would begin to achieve GHG emission reductions that total an estimated 3,783 tons. 13 This tool provides local governments with assistance in developing plans to reduce emissions and uses Burlingame-specific data to determine greenhouse gas reduction estimates. Summary Executive Summary Burlingame 'Climcte Act ar Piar Achieving AB 32 Greenhouse Gas Reduction Target Table 2 shows Burlingame's GHG emission reductions resulting from the implementation of the programs recommended in Phase 1 and Phase 2. Table 2: Burlingame's GHG Reduction Target Analysis Metric Under Phase 1 and Phase 2 Recommendations Tons CO2e 2020 "Business-as-Usual" Emissions 408,780 2020 Reduction Target(15% below 2005 levels) 286,402 Total Emissions Reductions Necessary to Meet Target (122,378) Required Annual Emissions Reductions (2010-2020) (12,238) Annual Reductions from Phase 1 Recommendations (9,201) Annual Reductions from Phase 2 Recommendations (3,783) Total Phase 1 and Phase 2 Annual Reductions (12,984) There are additional outside factors to consider that are beyond Burlingame's control in meeting the emission reduction target. Burlingame has limited ability to control decisions that impact a significant portion of their emissions, most notably the transportation sector, which is responsible for 60% of emissions and, to a lesser extent, energy generation in the state. There are current state initiatives and programs such as SB 375 that focus on transportation and energy generation that will reduce emissions and assist Burlingame in meeting AB 32 reduction targets. These state initiatives are discussed in the "Achieving AB 32 Greenhouse Gas Reduction Target" section of this document. By implementation of the programs and policies in Phase 1 and Phase 2 of the Climate Action Plan, the current analysis shows that Burlingame would be within the necessary range of emissions reductions to meet the 2020 reduction target of 15% below 2005 levels by 2020. See Appendix C for a full explanation of the assumptions on which this analysis is based. Implementation and Funding Burlingame's Climate Action Plan should be considered as a starting point to reduce greenhouse gas emissions by 15% below 2005 levels by 2020 and by 80% below 2005 levels by 2050. The Plan establishes a framework of action that the City and community can implement and provides a statement of intent for priorities and policies but the Plan is not binding on the City Council or the community. Once the Council adopts the Climate Action Plan, the individual recommendations within the plan will be developed by staff and/or contractors and presented for the Council's consideration before they are implemented The Climate Action Plan recommendations focus on cost-effectively reducing greenhouse gas emissions in the near term. In developing these recommendations, the Task Force was keenly aware of the challenges facing the City due to the economic downturn and consequent budget cuts and staff reductions that Burlingame and other cities are currently experiencing. For this reason, a phased approach is used for implementation. Phase 1: High-Impact GHG Reduction Programs for Implementation Prior to 2012 identifies the "low hanging fruit" that provides significant emission reductions for Burlingame with low initial costs in the near term. This phase ® Executive Summary o;19B 2r also provides the essential education and promotion component and involves several voluntary compliance measures.Phase 2:GHG Reduction Programs for Implementation 2012 to 2020 has been developed for implementation beyond 2012.Several of the Phase 2 recommendations involve mandatory requirements and capitalize on the voluntary compliance period of Phase 1 programs.Recommendations for Phase 2 were selected because they can provide increased greenhouse gas reductions,have an increased number of mandatory requirements and continue to focus on Burlingame's major emission sectors. One of the major barriers to implementing climate action programs is lack of available funds and staff resources.Currently,there are multiple grant and loan programs through federal,state and regional programs that can fund emission reduction programs.One example is the"Energy Efficiency and Conservation Grant"federal program from the U.S.Department of Energy14 (American Recovery and Reinvestment Act of 2009).With the approval of the Climate Action Plan by the City Council,Burlingame is in an advantageous position to apply for grant funding from the"Energy Efficiency and Conservation Grant"program and or other grant programs. To implement the programs,the City could use a combination of grant funds,a portion of current staff resources and leverage regional resources to begin reducing emissions in the near term. The Task Force recommends that the City continue to explore methods to incorporate climate protection programs into existing workloads and systems. The development of the"City Green Team"(composed of City department head staff)can begin to expand sustainable programs within the City and assist in the promotion and education of sustainable programs for the community. Additionally,the inclusion of annual sustainable goals for city departments will assist with monitoring the progression of emission reductions. It is recommended that the promotion and education of sustainable programs be enhanced at city departments where feasible An essential element of the Climate Action Plan is the dedication of a part-time staff member or Sustainability Coordinator that would provide the critical function of implementation of programs, coordination with City staff,monitoring of greenhouse gas reduction progress and promotion and education.The funding of the Sustainability Coordinator could potentially be funded through grant funds. Timely adoption of the Climate Action Plan will allow the city to be ready to apply for grants that are likely to be available as soon as this summer because climate action plan can be an important element in most energy efficiency grant applications.One large grant program requires jurisdictions to complete all programs and payment of programs by April 30,2012.This timeline is a major reason why the Climate Action Plan Phase 1 recommendations are recommended to be implemented before 2012. Once program implementation begins,an essential component is monitoring Burlingame's progress toward the 2020 target.Progress should be reassessed every two to three years using Burlingame's community GHG inventory to ensure that Burlingame is on track to meet the year 2020 and 2050 targets.Interim GHG reduction targets are recommended for use as internal mechanisms to track progress toward the 2020 goal. 14 www.energy.ca.gov/recovery Executive Summary Burlingame Climate Actior Piar The interim targets are as follows: Table 3: Interim GHG Reduction Targets MMI • 2005 Base Year - - - 336,944 2012 Target Year 7% 313,358 2015 Target Year 12% 296,511 2020 Target Year 15% 286,402 It is also recommended that the approved Climate Action Plan program and policies are included Burlingame's General Plan Element updates. The approved Climate Action Plan policies should be made consistent in the associated Elements of the General Plan. It has become clear from recent reports from the International Panel on Climate Change (IPCC) that climate change is occurring now and that the current goal is to first slow and then reverse emissions to avert more serious threats in the future. It is recommended that the City of Burlingame prepare itself for the increasing challenges that climate change will inevitably bring that include shrinking water supplies, rising temperatures, rising bay levels and increased public health issues for the elderly and young. It is recommended that the City participate in regional efforts for climate change adaptation. Additionally, the City should include climate change mitigation and adaptation measures and policies in the General Plan updates. Involvement and support from the Burlingame Council, staff and community will be essential for the success of the GHG reduction programs. The City cannot complete all the work that will be needed to educate, promote and implement the climate protection programs without outside assistance. For this reason, it is recommended that the City encourage a volunteer community group similar to the sustainable community organizations that have begun in Menlo Park, Redwood City and Los Altos Hills. The Burlingame community group can organize education and promotion campaigns using the excellent models and resources developed by other communities at no cost to the City. In addition, the Task Force recommends that annual reports on progress toward the 2020 target be submitted to the City Council and posted on the City's Web site. Burlingame's Climate Action Plan programs should be revised as new technologies emerge and additional opportunities arise and as new regional, state and federal policies evolve. ® Executive Summary I. Introduction The City of Burlingame recognizes that climate change poses several challenges to our community and has taken several significant actions to address the issue.Burlingame's City Council signed the United States Mayors Climate Protection Agreement in August 2007,and,in January 2009 the City Council directed the Burlingame Green Ribbon Task Force to develop a Climate Action Plan for Burlingame.The City also joined ICLEI(Local Governments for Sustainability),and participated with 20 other cities in San Mateo and Santa Clara counties in a regional effort to conduct a municipal GHG inventory.The City will use the municipal GHG inventory and the community GHG inventory to measure progress toward the GHG reduction target established by Assembly Bill 32,California's Global Warming Solutions Act of 2006, which requires emissions to be reduced 15%below current levels(2005 levels)by the year 2020 and to be reduced by 80%the year 2050. The Burlingame Green Ribbon Task Force began the Climate Action Plan development process by considering the GHG reduction target established under AB 32.The Task Force recommended that Burlingame's GHG reduction target be consistent with the AB 32 target and meet the GHG emission reduction target of 15%below current levels(2005 levels)by the year 2020 and an 80%reduction target by the year 2050. The City of Burlingame has taken several steps to reduce emissions that include adoption of a Bicycle Transportation Plan,adoption of the North Burlingame/Rollins Road Specific Plan with mixed-use and high-density development opportunities close to the BART/Caltrain intermodal station,participation in the Energy Watch Program,15 participation in Pacific Gas and Electric's Demand Response Program and traffic signal retrofits to more energy-efficient LEDs.However, much work remains to meet the challenging emissions reduction targets established under AB 32. This Climate Action Plan serves as a guiding document to identify methods that the City and Community can implement to significantly reduce emissions.Once the Council adopts the Climate Action Plan,the individual recommendations and their related technical documents will be developed by staff and/or consultants and presented for the City Council's consideration before they are implemented. Climate Change The world's leading climate experts on the Intergovernmental Panel on Climate Change1s concluded that human activities are increasing GHG concentrations in the atmosphere that increase the earth's temperature and cause climate change.In response to the threat of climate change,nations worldwide began to address GHG emission reductions,most notably through the Kyoto Protocol,an international environmental treaty designed to stabilize greenhouse gases. 15 Association of Bay Area Government program that provides energy-efficiency audits for municipal buildings 15 The Intergovernmental Panel on Climate Change(IPCC)was established by the World Meteorological Organization and the United Nations in 1988,comprised of the world's leading climate change experts and Nobel Prize winners who develop the most recent climate science findings every five to seven years and present them to the world's political leaders. I.Introduction Burlingame Climate Action Pian: The Kyoto Protocol was developed at the United Nations Conference in 1997, and more than 37 industrialized nations ratified the protocol. The largest emitters of greenhouse gases, the United States, China and India, did not ratify the treaty. In the absence of federal leadership in climate change, United States cities began to respond locally by signing the United States Mayors Climate Protection Agreement, which states local governments will take responsibility for reducing emissions at the local level. Burlingame and other jurisdictions have the ability to reduce emissions and make important decisions related to green building, energy policies for residential and commercial properties, land use and transportation, waste reduction and recycling. For this reason, cities are developing Climate Action Plans to respond to climate change. Climate Change Impacts During the past 100 years, average temperatures have risen more than 1 degree Fahrenheit worldwide. A 1 degree change is unusual in the earth's history because the global average temperature is stable over long periods of time. Small changes in temperature correspond to enormous changes in the environment. For example, at the end of the last ice age, when the United States was covered by more than 3,000 feet of ice, average global temperatures were only 5 to 9 degrees cooler than today." Twelve of the last 13 years have been the hottest since recording began in 1850, and the existing and anticipated effects of climate change are hard to ignore. Figure 4: The Greenhouse Effect Sunlight es through the almiosphere surface.warms the Earth's is radiated back toward space. AM i Most of the outgoingabsorbed moleculesgreenhouse gas _ _ all directions, the Earth and the lower . h YA JkL The primary causes of climate change are the burning of fossil fuels to drive cars and generate electricity in our homes and businesses; these release carbon dioxide (CO2) and other gases into the atmosphere. This activity disrupts the balance in the "thermal blanket" of gases that exist naturally in the atmosphere and enable the earth to support life. These additional " Summary for Policymakers, Intergovernmental Panel on Climate Change 2007 Synthesis report, www.ipcc.ch/pdf/assessment-rei)ort/ar4/syr/ar4 syr spm pdf © 1. Introduction "greenhouse" gases trap in heat that would otherwise escape into space. Importantly, once in the earth's atmosphere, these heat-trapping emissions persist for about 100 years. Fi ure 5: Greenhouse Gases Increase to Unprecedented Levels 460 / 2 1/ :# 2007 --o- 360 current level 0 320 For 650,000 years,atmospheric • has neverbeen above It :t 1950 .# t i 1# - 180 ./ 400.000 350,000 300,000 250,000 200,DOO 150,000 100,000 YEARS before today(D=1950) Figure 5 shows that carbon dioxide level increases have never been as high as they have reached in 2007 in the past 650,000 years. The most notable increase shows a remarkable increase in CO2 levels since the early 1900s. A concentration of greenhouse gases (CO2) in the atmosphere has increased more than 30 percent above pre-industrial levels and by 70 percent between 1970 and 2004.'$ If left unchecked, by the end of the century CO2 concentrations could reach levels three times higher than pre-industrial times, causing climate change that threatens public health, the economy,\ and the environment.19 18 Summary for Policymakers, Intergovernmental Panel on Climate Change 2007 Synthesis report, www.ii)cc.ch/pdf/assessment-report/ar4/syr/ar4 syr spm.pdf 19 Our Changing Climate:Assessing the Risks to California,www.energy.ca.gov/2006publications/CEC-500-2006- 077/C EC-500-2006-077.P D F I. Introduction Figure 6:Worldwide Historical and Projected CO2 Emissions Historical and Projected CO2 Emissions — Historical v IPCC EMISSIONS c SCENARIOS .4 30 — Higher Emissions(Atfi) E Medium-High p 20 Emissions(A2) o — Lower 2 i0 Emissions(BI) A C C Q 01 1750 1800 1850 1900 1950 2000 2050 2100 So_, intergover, ental Panel on Chnnate Change 2027 "Climate change"refers to all aspects of climate,including disruptions to weather patterns that include shrinking of glaciers,accelerated sea level rise,more intense heat waves,shifts in animal and plant ranges,and changes in the timing of plant reproduction.20 In California and western North America,a changing climate is evident.During the past 50 years,the region has experienced warmer winter and spring temperatures,reduced spring snow levels in mountains and earlier snowpack melt. Burlingame and Climate Change Burlingame and other California cities will see an estimated increase of 3.0 to 10.5 degrees Fahrenheit by the end of the century.This climate change will have widespread economic, social and environmental consequences for Burlingame that includes: Rising Sea Levels.Sea levels could rise up to three feet by the end of the century and could inundate the entire area east of the Bayshore Freeway by 2099 if levees are not built or existing flood control structures are comprised. 'Sea-level rise could inundate the Bay Area's transportation infrastructure,including San Francisco International Airport and neighboring communities.A sea-level rise of 1 foot would result in"100-year"flood events occurring on average every 10 years.22 Extreme Weather Patterns.Burlingame will experience intensification of heat waves and extreme weather conditions which pose serious health risks.The heat wave that occurred in 2°National Aeronautics and Space Administration,climate.ipl.nasa.gov/effects/.May 2009. 21 Knowles,Noah."Protecting Vulnerability to Inundation Due to Sea Level Rise in the San Francisco Bay and Delta." Fifth Annual California Climate Change Conference.Sept,2008. www.climatechange.ca.gov/events/2008 conference/presentations/2008-09-09/Noah Knowles pdf 22 Our Changing Climate:Assessing the Risks to California,www.energy.ca.gov/2006publications/CEC-500-2006- 077/C E C-500-2 006-077.P D F I.Introduction -Jri. 3,]cC .`12IF . Dar California in July 2006 was the longest on record since 1948 and resulted in approximately 140 heat-related deaths.23 Deteriorating Public Health. Burlingame would see an expansion in the range of infectious diseases, increased wildfires and increased air pollution in the Bay Area that will impact the elderly and young. Decreasing Fresh Water Supply. Rising temperatures compounded by decreases in precipitation could severely reduce spring snowpack in the Sierra Nevada. The Sierra Nevada snowpack is projected to be reduced by at least 25 percent by 205024 and will pose severe water supply challenges for California, including the Hetch-Hetchy system on which Burlingame relies. Additionally, Burlingame will see longer droughts and decreased groundwater levels. Higher frequency and severity of extreme flooding is also expected. Water supplies are also at risk from rising sea levels and saltwater intrusion, which will degrade groundwater aquifers and wetlands. Changes to the Food Supply. Numerous stresses on California's $30 billion dollar agriculture industry are expected that include crop growth changes and pest and disease outbreaks which will reduce the quantity and quality of agricultural products available. Reductions in Hydropower Generation. Even if California's population remains unchanged, high temperatures will likely increase electricity demand by an estimated 20 percent. At the same time, diminished snow melt flowing will decrease the potential for hydropower production, which comprises about 15 percent of California's electricity production. An earlier snowmelt and increased precipitation in the form of rain rather than snow will also stress the system by necessitating greater spillage from high elevation from hydropower reservoirs and creating a mismatch between energy supply and demand. Impacts on Future Generations. Because most greenhouse gas emissions persist in the atmosphere for decades or centuries, decisions made today will greatly influence the climate of future generations and the quality of life they experience will depend on how rapidly we act to reduce these emissions.21 Initiatives to Reduce Climate Change The increasing severity of climate change impacts illustrates the importance of reducing emissions to limit further climate change. California continues to show leadership in confronting the problem of climate change. The following are recent initiatives to reduce emissions: Executive Order S-05-05. In June 2005, Executive Order S-05-05 was signed by Governor Schwarzenegger to establish progressive GHG emission reduction targets for California and to require biennial science assessment reports on climate change impacts. The Order established the following goals of reducing emissions to: 23 Climate Action Team, Draft Biennial Report, March 2009,www.eneray.ca.aov/2009i)ublications/CAT-1000-2009- 003/CAT-1000-2009-003-D.PDF. May 2009. 24 Scenarios of Climate Change in California:An Overview. Final report from California Energy Commission, Public Interest Energy Research(PIER) Program, California Climate Change Center, publication No.CEC-500-2005-186- SF, posted: February 27,2006 25 Our Changing Climate:Assessing the Risks to California,www.eneray.ca.00v/2006publications/CEC-500-2006- 077/CEC-500-2006-077.PDF i. Introduction Burlingame r;;m,t� " ,-t �r -- 2000 levels by 2010 1990 levels by 2020 (approximately 15 percent below today's levels) 80% below 1990 levels by 2050 Figure 7: California's Emissions Inventory ARB Emissions Inventory 700 600 -173 MMT CO2e Reduction 1990 Emission m Baseline 500 C C F d 400 r M Cr W o 300 80% Reduction �? 200 --341 MMT CO2e � 100 0 1990 2000 2004 2020 2050 Year Assembly Bill 32. The California legislature adopted the California Global Warming Solutions Act of 2006 (AB 32) and the California Air Resources Board (CARB) was tasked as the lead agency to develop regulatory and market mechanisms to reduce emissions. CARB's Scoping Plan, approved in December 2008, provides a comprehensive set of actions designed to reduce overall emissions, improve the environment, reduce California's dependence on oil, diversify its energy sources, save energy, create new jobs and enhance public health. The reduction measures in the Scoping Plan will be further developed over the next couple of years and be in place by 2012. California Attorney General Litigation. In 2007 the State of California filed a lawsuit against San Bernardino County, claiming that the county's 2007 update of its general plan violated the California Environmental Quality Act (CEQA) by failing to evaluate and disclose "the reasonably foreseeable effects" of the General Plan update on global warming, air quality and other state resources. The county's settlement with the state is significant because it requires a California agency for the first time to inventory historical, current and projected emissions, and to develop an emissions reduction target and reduction measures.26 In September 2008 the state Attorney General reached a similar settlement agreement with the City of Stockton and the Sierra Club under which Stockton will adopt a Climate Action Plan designed to reduce sprawl and increase infill development, promote public transit and encourage more energy-efficient buildings. 26 California Office of the Attorney General, "California Environmental Quality Act," www.ao.ca.gov/globalwarming/cega.phi). Accessed May 2008. M1. Introduction Burlingame Climate Action Plan Senate Bill 97. In response to the Attorney General's actions and in recognition that AB 32 did not discuss how greenhouse gases should be addressed in CEQA documents, the legislature enacted SB 97 in 2007. SB 97 requires the Governor's Office of Planning and Research to prepare CEQA guidelines for the mitigation of emissions, including effects associated with transportation or energy consumption. The California Air Resources Board must certify and adopt the guidelines by January 1, 2010. Executive Order S-13-08. Governor Schwarzenegger's 2008 Climate Adaptation and Sea Level Rise Planning Directive included four key actions: 1) initiate California's first statewide climate change adaptation strategy that will assess the state's expected climate change impacts, identify where California is most vulnerable and recommend climate adaptation policies by early 2009; 2) request that the National Academy of Science establish an expert panel to report on sea level rise impacts in California to inform state planning and development efforts; 3) issue interim guidance to state agencies for how to plan for sea level rise in designated coastal and floodplain areas for new projects; and 4) initiate a report on critical existing and planned infrastructure projects vulnerable to sea level rise. Senate Bill 375. SB 375, passed in 2008, links transportation funding to land use planning. It requires the California Air Resources Board to set regional GHG reduction targets intended to reduce suburban sprawl and the associated vehicle miles traveled. If regions develop integrated land use, housing and transportation plans that meet the SB 375 targets, new projects in these regions can be relieved of certain review requirements of the California Environmental Quality Act. The targets apply to the regions in the state covered by the 18 metropolitan planning organizations. ..... I. Introduction Burlingame Climate Actio p;ar II. Burlingame's Community Greenhouse Gas Inventory Burlingame's Community GHG Emissions Inventory was completed using the tools and methodologies of ICLEI (Local Governments for Sustainability). This initial Emissions Inventory was completed in December of 2008 in coordination with the development of Burlingame's Climate Action Plan. The purpose of the emissions inventory was to identify levels and sources of emissions in Burlingame for the selected base year of 2005. This information was then used to develop emissions forecast and to select reduction targets and reduction measures focused on the areas where the greatest opportunities for emission reductions exist. Burlingame's Community Greenhouse Gas Inventory Results In the base year 2005, the community of Burlingame emitted approximately 336,944 metric tons Of CO2e. The emissions were distributed among the primary source sectors, as follows: Table 4: 2005 Community GHG Emissions by Sector Metric Tons Percent of Total Sector CO2e CO2e, Residential 47,523 14.1% Commercial (including industrial & municipal) 74,466 22.1% Transportation 203,213 60.3% Waste 11,742 3.5% Total 336,944 100% Figure 8 clearly illustrates that the transportation sector was the largest emitter, contributing 203,213 metric tons or waste 60% of the total. The commercial and residential sectors 4% were the second and third largest contributors, with a combined total of 36% of emissions. The emissions from waste generated by Burlingame residents and businesses Residential 14%accounted for 3.5% of the City's total emissions. Further analysis of the base year Emissions Inventory '` Commercial upon which the Climate Action Plan's recommended ° emission reduction measures were based is provided in Transportation 2zi° soy° % Appendix B: GHG Inventory Technical Analysis. j Figure 8: 2005 Community GHG Emissions by Sector MII. Burlingame's Community Greenhouse Gas Inventory M. Achieving AB 32 Greenhouse Gas Reduction Target Assembly Bill 32, California's Global Warming Solutions Act of 2006, requires emissions to be reduced 15% below current levels (2005 levels) by the year 2020 and to be reduced by 80% the year 205027. To maintain consistency with the AB 32 emission reduction targets, the Burlingame Green Ribbon Task Force recommended that Burlingame meet28 the GHG emission reduction target by 15% below the base year by 2020 and 80% by the year 2050. Burlingame's 2005 base year emissions are 336,944 metric tons of carbon dioxide equivalent (CO2e). To reduce emissions to 15% below 2005 baseline levels by 2020, the community would need to reduce emissions to 286,402 metric tons or by approximately 50,542 metric tons during that period. But that estimate assumes that emissions are not expected to increase beyond the 2005 baseline levels. Figure 9: Burlingame's "Business as Usual" Emissions Forecast for 2020 "Business-as-Usual" Emissions Forecast for 2020 500.000 400.000 ■Waste m N O 300.000 ❑Transportation c �°- 200.000 ■Commercial U �L 4) 2 100.000 ■Residential 0 H, _d 2005 2020 Figure 9 provides Burlingame's baseline inventory and forecasts for population, transportation and commercial activity growth provided by the Association of Bay Area Governments (ABAG), "business-as-usual" emissions forecast for the year 2020. This forecast revealed projected emissions levels 21.3% higher than 2005 levels. If Burlingame continues with the 2005 pattern of energy consumption, waste production and transportation use, annual emissions are estimated to increase from 336,944 to 408,780 metric tons by 2020. Therefore, the percent change from "business-as usual" in 2020 to 15% below 2005 levels is 29.9%. Table 5 identifies the 2005 base year emissions, the target year reduction and the estimated annual required emissions to meet the 2020 reduction target. A total of 50,542 metric tons is the 27 California Air Resources Board (www.arb.ca.gov) 28 Some jurisdictions have voted to exceed the AB 32 emissions reductions target III. Achieving AB 32 Greenhouse Gas Reduction Target minimum reduction needed for Burlingame to meet the 2020 target, and the needed reduction in tons could be as high as 122,378 metrics tons if Burlingame consumption trends continue. The estimated annual reduction is in the range of 5,054 tons to 12,238 tons per year to meet the target year. These reductions are challenging but are in line with the goals of many Bay Area cities. Table 5: Burlingame GHG Emissions e r 2005 Base Year Emissions (metric tons CO2e) 336,944 408,780 2020 Target Year Reduction (15% below 2005 levels) 286,402 286,402 Emissions Reductions Necessary to Meet Target (50,542) (122,378) Required Percentage Emissions Reduction 15.0% 29.9% Required Annual Emissions Reductions (2010-2020) (5,054) (12,238) Burlingame's Program Development and Emission Reductions The Task Force reviewed best GHG reduction strategies of similar communities, considered the most practical and effective measures that would generate significant emissions reductions and evaluated Burlingame's Community GHG Inventory to identify the best strategies. These five major strategies were selected for GHG reduction recommendations: 4 Energy efficiency and green building Transportation and land use 4 Waste reduction and recycling 4 Education and promotion Municipal operations Recommendations were developed in a collaborative process by the Green Ribbon Task Force with input from community members and City staff over several months. The final recommendations were selected because they focus on the high-impact greenhouse gas reduction programs that can cost-effectively reduce emissions in Burlingame. Phase 1: High- Impact GHG Reduction Programs for Implementation Prior to 2012 provides the City with recommendations that can be implemented in the near term to begin the necessary reductions in emissions. The second phase, Phase 2: GHG Reduction Programs for Implementation 2012 to 2020, has been developed for implementation beyond 2012. Program recommendations for both phases include a timeline for implementation, estimated costs, resulting emissions reduction estimates and personnel required for implementation. Table 6 shows Burlingame's GHG emission reductions resulting from the implementation of the programs recommended in Phase 1. In this phase, Burlingame would realize GHG emission reductions that total an estimated 9,201 tons per year, which is in the mid-range of necessary emission reductions for Burlingame to meet the year 2020 target. The emission reductions from the Phase 2 program recommendations would provide an additional 3,783 tons per year. Therefore, the combination of Phase 1 and Phase 2 programs would reduce emissions by an 29 Association of Bay Area Government(ABAG)2020 Projections 111. Achieving AB 32 Greenhouse Gas Reduction Targ, estimated 12,984 tons per year, which is in the range of emissions reductions necessary to meet the emissions reduction target for the year 2020. Table 6: Burlingame's GHG Reduction Target Analysis Metric Under Phase 1 and Phase 2 Recommendations Tons CO2e, 2020 "Business-as-Usual" Emissions 408,780 2020 Reduction Target(15% below 2005 levels) 286,402 Total Emissions Reductions Necessary to Meet Target (122,378) Required Annual Emissions Reductions (2010-2020) (12,238) Annual Reductions from Phase 1 Recommendations (9,201) Annual Reductions from Phase 2 Recommendations (3,783) Total Phase 1 and Phase 2 Annual Reductions (12,984) Burlingame's Achievement of the AB 32 Reduction Target By implementation of the programs and policies in Phase 1 and Phase 2 of the Climate Action Plan, the current analysis shows that Burlingame would be within the necessary range of emissions reductions to meet the 2020 reduction target of 15% below 2005 levels by 2020 as outlined in Table 6. There are additional outside factors to consider that are beyond Burlingame's control in meeting the emission reduction target. Burlingame has limited ability to control decisions that impact a significant portion of its emissions, most notably those in the transportation sector, which is responsible for 60% of emissions. Current state initiatives and programs that focus on transportation and energy generation will reduce emissions and assist Burlingame in meeting AB 32 reduction targets. Among them are: Transportation Initiatives AB 1493 (Pavley). The California Air Resources Board adopted regulations that created increasingly stringent standards in 2004 to reduce global warming emissions from cars and light trucks between 2009 and 2016. The Environmental Protection Agency is expected to allow California to move forward with these new requirements in 2009 or 2010 as outlined in AB 1493 after being challenged by federal and state courts. The AB 32 Scoping Plan estimated that the state's emissions will be reduced by an estimated 5.5% by 2020 resulting from AB 1493. Senate Bill 375. This legislation reduces emissions by linking transportation funding to land use planning. It requires the Metropolitan Planning Organizations to create sustainable communities strategies in their regional transportation plans to reduce vehicle miles traveled and sprawl. If regions develop integrated land use, housing and transportation plans that meet the SB 375 targets, new projects in these regions can be relieved of certain review requirements of the California Environmental Quality Act. The AB 32 Scoping Plan estimated that the state's emissions will be reduced by an estimated 1% by 2020 as a result of SB 375. Ill. Achieving AB 32 Greenhouse Gas Reduction Target Bur'I(game Cfim ar Energy Initiatives The State of California's Renewable Energy Portfolio Standard (RPS) requires electricity providers to increase the portion of the energy that comes from renewable sources to 20% by 2010 and by 33% by 2020. These State and regional initiatives can provide Burlingame with additional reductions in emissions by the year 2020.30 Therefore, it is estimated that the GHG emission reductions from the implementation of Phase 1 and Phase 2 programs in combination with the new state and regional initiatives will enable Burlingame to meet the GHG reduction goal of 15% below 2005 by the year 2020. 30 AB 32 Scoping Plan released December 2008,www.arb.ca.gov III. Achieving AB 32 Greenhouse Gas Reduction Target IV. Climate Action Plan Program & Policy Recommendations In January 2009 the City Council directed the Green Ribbon Task Force to develop a Climate Action Plan for Burlingame. The Task Force reviewed Burlingame's Community Greenhouse Gas Inventory and evaluated the best GHG reduction strategies of similar communities that could result in significant emission reductions for Burlingame to meet the target of 15% below 2005 levels by the year 2020. To guide the program and policy recommendations, these five major strategies were selected: 4 Energy efficiency and green building 4 Transportation and land use Waste reduction and recycling Education and promotion Municipal operations The Green Ribbon Task Force met over a period of several months and reviewed best practices of GHG reduction strategies that would have the greatest impact on reducing emissions in Burlingame, were feasible to implement in the current economic climate and were cost-effective. After careful consideration, the Task Force narrowed the recommendations down to 29 recommendations based on their ability to reduce emissions, cost-effectiveness, feasibility of implementation and staff feedback. The Task Force held a Community Climate Action Workshop in March 2009 to receive public feedback on the draft recommendations. The Task Force developed a phased approach for program and policy implementation. Two phases are According to a 2007 survey of recommended. The first, Phase 1: High-Impact GHG Burlingame residents, 67% of Reduction Programs for Implementation Prior to 2012, respondents supported the following provides the City with recommendations that can be I statement: `The City should be involved in green or environmentally implemented in the near term to begin the necessary friendly measures, such as installing reductions in emissions. The second phase, Phase 2: solar panels on City buildings, even if GHG Reduction Programs for Implementation 2012 to the cost exceeds the projected 2020, has been developed for implementation beyond operational savings over the life of 2012. Program recommendations for both phases the project." include a timeline for implementation, estimated costs, Source City of Burlingame Citizen Survey resulting emissions reduction estimates and personnel completed 2007 by the National Citizens Survey required for implementation. This phased approach is recommended because delaying program implementation could increase the cost and difficulty of Burlingame achieving the AB 32 GHG emission reductions target. This approach is also recommended because of the recent notification that federal stimulus funds can be used for climate action programs. The American Recovery and Reinvestment Act of 2009 (ARRA) provides funds for local governments to implement energy efficiency, green building, renewable energy projects and allows use of contracted technical assistance for program implementation. Burlingame can fund climate action programs with these competitive grants. Phase 1: High-Impact GHG Reduction Programs for Implementation Prior to 2012 could be used as the required plan needed for these grant fund applications. IV. Climate Action Plan Program & Policy Recommendations Burlingame Climate Action P'an Green Ribbon Task Force Selection of Policies and Programs The specific program and policy recommendations are described in the following format: Description and Benefits. A brief description of the program or policy recommendation and a list of the associated benefits and co-benefits. Components. A list of specific requirements and components recommended for implementation. Annual Estimated GHG Reduction. The estimated emissions reduction from the recommendation (provided in metric tons of CO2 equivalent) on an annual basis. Cost Estimates. An estimate of the initial costs to the City to implement the program and other cost data are included for reference and are based on current research of programs in other jurisdictions and available case studies. The estimates are nonamortized approximations of first-year costs Most of the costs involve staff time and materials. Potential Funding Sources. A list of potential funding sources that may be used for implementation of the recommendation. Responsible Personnel. A list of recommended personnel that could implement the recommendation. Municipal Examples. A list of other cities that have implemented this recommendation or have included this recommendation in their Climate Action Plan. Phase 1: High-Impact Greenhouse Gas Reduction Programs for Implementation Prior to 2012 The Task Force developed Phase 1: High Impact GHG Reduction Programs for Implementation Prior to 2012 to provide the City with recommendations that can be implemented in the near term to begin the necessary reductions in emissions. Energy Efficiency and Green Building Recommendations Energy efficiency and green building programs are considered the "low hanging fruit" of Climate Action Plans because they provide the fastest and most economical means to reduce emissions. Burlingame's GHG inventory showed that energy consumption by the commercial sector (22%) and residential (14%) sector together contribute the second largest portion (36%) of Burlingame's emissions. The energy-efficiency and green building programs in Phase 1 are recommended because they reduce emissions cost-effectively and efficiently. Most homes in Burlingame were built prior to enactment of state energy codes and have significant potential to increase energy efficiency and water conservation. Typically, homes can increase energy efficiency 30% to 40%31 and energy-efficiency programs can begin to help Burlingame residents 31 California Public Utilities Commission 2008 Strategic Plan IV. Climate Action Plan Program & Policy Recommendations reduce energy consumption and costs. Similarly, most businesses spend approximately 30% of their operating budget on energy consumption. Providing businesses with energy-efficiency resources can help businesses save on utility costs and reduce emissions. Adopt a Water Efficient Landscape Ordinance as required by AB 1881 and consider inclusion of more stringent water conservation requirements than state's model ordinance.32 (California requires cities to adopt ordinances by January 1, 2010.) i Benefits. Burlingame uses 4.8 million gallons of water each day, and the average lawn uses 326,000 gallons of water per year. Water requires energy for transport, treatment and distribution. A water-efficient landscape ordinance will assist Burlingame with essential water conservation practices. Consideration of more stringent requirements than the state model can be an effective use of staff .. time since the State of California requires that all jurisdictions adopt a water conservation ordinance that is at least as stringent as the state's model ordinance. This program is an effective response to the growing concerns of drought and the required long-term reduction in water usage. Components. The Bay Area Water Supply and Conservation Agency is completing a regional draft model ordinance projected for completion in September 2009. Burlingame's Public Works and Community Development Departments could consider more stringent components that include: 1. Require high-efficiency irrigation systems (low- flow drip, bubblers or low-flow sprinklers) in Water Conservation Saves Money landscape plans. Ensure that the irrigation and Reduces Emissions system is properly designed for the site. According to the Local Government 2. Encourage or require smart (weather-based) Commission, "the Town of Windsor is controllers. saving about 275 million gallons of drinking water a year by irrigating 3. Reduce turf area/high water use area from 400 acres of golf course, vineyard, current requirements. parks, pasture and fodder croplands q with recycled water." An estimated 1,057 tons of COZe is avoided each 4. Require 75% of planted areas are California year through this water reclamation Natives or Mediterranean Species (drought and reuse effort. tolerant). 5. Research most recent technologies and policies for gray water systems. Permit gray water systems (dual plumbing from sinks, washers, showers for landscape irrigation) on a pilot basis. 32 www.owue.water.ca.gov IV. Climate Action Plan Program & Policy Recommendations Burl,ngame Climate A--,':or Q;�r 6. Require 2 inches of compost in the top 6 to 12 11000 inches of soil on non-turf, non-hardscape areas California can save enough energy to power 150,000 homes and cut at the time of installation. emissions by a half-million metric tons every year by using recycled 7. Require solar hot water systems for new pool water. Local governments can reduce installations or renovations. the climate impacts by using the most efficient water system equipment and 8. Review Burlingame's current water implementing water efficiency, management practices and consider use of the conservation and reclamation most current water conservation practices and programs to use recycled water for technologies. landscaping or other non-potable uses. Source: California Sustainable Alliance Annual Estimated GHG Reduction. 272 tons. Cost Estimates. Costs that include staff time to develop a final ordinance and the required compliance documentation are not included in this cost estimation since the State of California requires a water conservation ordinance. It would cost an estimated $4,000 in staff time to consider more stringent requirements. Potential Funding Source. Permit fees. Responsible Personnel. Public Works, Community Development Department. Municipal Examples. Menlo Park's Water Efficient Landscaping Ordinance No. 840.33 Adopt a Residential Energy Conservation Policy (voluntary) to provide professional residential energy audits for residents at reduced cost. The policy also includes promotion of a Residential Energy and Water-Efficiency Checklist for properties sold (or undergoing "transfer of title") that encourages upgrades in energy- efficiency and water conservation standards. Benefits. Most homes in Burlingame were built prior to the State of California's energy code requirements and have strong potential to increase energy efficiency by an estimated 20% to 40%. Residents could save approximately $800 to $1,200 per year by taking energy and water saving measures.34 increasing energy efficiency is the fastest and most economical method to reduce emissions. Home energy audits and retrofits have the highest potential for achieving the greatest amount of emission reductions.35 This recommendation is a best practice recommended by the League of California Cities and the Cities for Climate Protection. The National Association of Home Builders states that home energy audits and retrofits create jobs and tax revenues.36 Additionally, the Residential Energy and Water 33 http://www.menlopark.org/departments/pin/waterlandord.pdf 34 Estimates based on 2,000 square foot home and analysis of Bay Area homes that have completed home energy- efficiency audits 35 California Air Resources Board Scoping Plan, December 2008 36 National Association of Home Builders, May 2009 Presentation, "Investing in our Community-Home Energy Retrofit Program" IV. Climate Action Plan Program & Policy Recommendations Burlingame Climate Action Plan Efficiency Checklist program highlights easy and low-cost options to increase home energy and water efficiency and can provide residents with reduced energy and water utility bills. Minimal upgrades, such as converting to CFLs, weatherizing, insulating and caulking, can have a significant impact on energy consumption and a significant payback for residents. Components. Burlingame would provide home energy audits at a reduced cost as an incentive for residents to complete an audit. The City would select a professional home energy audit company and may choose to subsidize a portion of the costs. Burlingame could participate in a regional program or partner with a neighboring city to leverage resources. This voluntary program would be available to all Burlingame residents, including 3 the estimated 6,300 multi-family residences as well as the estimated 6,100 single-family homes. The energy audit team would provide an on-site analysis, complete simple upgrades (such as installation of aerators and conversion to CFLs), as well 4,- •: `' as a customized report of prioritized upgrades for energy and water that could include installation of weather stripping/caulking, insulation for attics, wrapping the hot water heater, reducing the hot water temperature to 120°F, and installing low-flow toilets for water conservation. An estimated 250 homes per year could participate in the program. The Sustainability Coordinator would provide promotion and education, coordinate the selection of the home energy company and monitor results. Adoption of the policy would also involve providing Residential Energy and Water-Efficiency Checklists on the City of Burlingame Web site and educating community groups about them. There would be no minimum requirements for compliance. The Checklist could include the following: ✓ Install minimum R-30 or higher ceiling insulation ✓ Install minimum R-12 or higher water heater insulation ✓ Install toilets with a maximum of 1.6 gallons per flush, sink aerators with a maximum 2.2. gallons per minute and showerheads with 2.5 gallons per minute ✓ Install weather stripping on all exterior doors ✓ Install damper or door/closure in fireplaces ✓ Install CFLs, LEDs or other high-efficiency lighting in a minimum of 75% of fixtures Annual Estimated GHG Reduction. 1,315 tons. Cost Estimates. The estimated cost of $10,000 would subsidize 25% of home energy audits for 250 participating homes at $150 per audit. Costs can vary, depending on the selection of the professional home energy audit company and the amount of the subsidized cost. The Sustainability Coordinator would provide promotion and education to the community and would monitor the participants and results of the program. The Sustainability Coordinator would develop the Residential Energy and Water-Efficiency Checklists for inclusion on the City Web site and also would educate real estate professionals about them. Potential Funding Source. California Energy Commission grant funds. Responsible Personnel. Sustainability Coordinator and associated staff. IV. Climate Action Plan Program & Policy Recornmenivations rl n^ame Climate Action F Municipal Examples. Redwood City, Menlo Park, Palo Alto and Boulder, CO. Research and consider a Solar and Energy Efficiency Financing Program for residents and small businesses. Benefits. New legislation, AB 811, allows cities and counties to allow property owners to finance the up-front costs for solar and energy efficiency improvements through their property tax bill. This program would involve the research and consideration of a new financing program for Burlingame to provide residents and small business owners with a method to install solar and/or energy-efficiency upgrades with a minimal upfront cost. This program can reduce one of the biggest barriers of solar and/or energy efficiency upgrades, as cited by homeowners and small business owners. Burlingame can benefit by participation in a new regional program, the Solar and Energy Efficiency (SEE) District,37 led by the Association of Bay Area Governments (ABAG) in partnership with Pacific Gas and Electric Company (PG&E) that may be available in 2010. Burlingame could benefit from the ability of ABAG to maximize available state and federal subsidies and work with existing PG&E incentives. Burlingame also could benefit from the potential of spreading the administrative and financing costs over a larger market area. Components. City finance staff could consider participation in the new regional program, the SEE District, led by ABAG in partnership with PG&E. The ABAG program may be available to jurisdictions in 2010. ABAG has provided the SEE District Report for jurisdictions on the current status of the project. ABAG's deputy executive director has stated that the regional program would build upon the efforts of cities that have already implemented solar and energy financing programs, such as Palm Desert, Sonoma, San Francisco, Solano Beach, Berkeley and San Diego. If Burlingame chooses to participate in the regional program, residents and small businesses could install solar and other energy-efficiency upgrades with minimal upfront costs. Individual property owners would contract directly with qualified installers (e.g., solar installers) for energy and solar projects. The loans could finance permanent fixture energy efficiency, clean energy projects, solar panel installation, insulation, energy-efficient air conditioning or upgrades to lighting systems. Thorough the financing program, repayment is made through assessments on participating property owners' annual tax bills over a 20-year period. If the property is sold, the new owner takes over the assessment that continues on the property's tax bill. Annual Estimated GHG Reduction. No reduction for the first 12 to 18 months; estimated 225 tons after implementation of SEE District program. Cost Estimates. The estimated costs for this program cannot be estimated at this time, due to the fact that the Solar and Energy Efficiency (SEE) District program development is currently 37 Solar and Energy Efficiency Report to Association of Bay Area Governments Executive Board presented March 2009 http://www.abag.ca.govlabap/eventslagendasle03l909a-Item%2009.pdf. IV. Climate Action Plan Program & Policy Recommendations under development. Once the program has been outlined by ABAG, staff time from the Finance Department will be necessary to consider participation in the regional program. Potential Funding. California Energy Commission grant funds. Responsible Personnel. Finance Director and finance staff, Sustainability Coordinator. Municipal Examples. Palm Desert, Sonoma, San Diego, Solano Beach, San Francisco and Berkeley and Boulder, Colo., have implemented solar and energy financing programs. Adopt a Residential Green Building Ordinance for new construction and major remodel projects and require a minimum number of GreenPoints using the Build It Green regional program. Benefits. Green buildings minimize the use of energy, water and other natural resources and provide a healthier indoor environment. "Green Building" is defined as a whole-systems approach to the design and construction of buildings that reduces the environmental impacts of buildings. A green building ordinance can assist Burlingame in meeting water reduction requirements. Additionally, green buildings are typically 30% more energy efficient than non- green homes and assist Burlingame in reducing the City of Palo Alto Requires energy load on the grid. Burlingame benefits from its Residential and Commercial membership in Build It Green, a nonprofit professional Green Building Standards organization that has set the standard for quality residential green building in California. The Home As of July 2008, the City of Palo Altol Builders Association of Northern California, the requires Leadership in Energy and Environmental Design for new Association of Bay Area Governments and the Air construction (LEED-NC) for Resources Board have endorsed the Build It Green commercial buildings. The City also program. In July 2008 the state adopted a new Green has mandatory requirements for Building Standards Code as an addition to its existing residential new construction through Title 24 California Building Standards. The new code Build It Green, an state-wide increases minimum requirements for energy organization promoting green efficiency, water conservation and recycling of building. building materials. The State of California also completed an in-depth analysis of the cost benefits of green building and concluded that green buildings have a financial upside that exceeds the cost by a factor of 10 to one.38 Recent reports show that green buildings have increased real estate value and hold or rise in value versus traditional building S.39 Components. As a member of Build It Green, the City of Burlingame already has access to model green building ordinances, training and resources that will greatly assist the City in implementing its green building ordinance. Staff and/or consultants can adapt a model green building Build It Greeri ordinance developed by neighboring jurisdiction S40 for use in Burlingame. 38 The Costs and Financial Benefits of Green Building,www.usgbc.org/docs/news/ 39RICS Research,"Doing Well By Doing Good?An Analysis of the Financial Performance of Green Office Buildings in the USA," Piet Eichholtz and Nils Kok, Maastricht University, Netherlands; John Quigley, University of California, Berkeley, United States of America,April 2008. http://repositories.cdlib.org/iber/bphup/working_papers/W08-001/ 40 www.builditgreen.org IV. Climate Action Pian Program & Policy Recommendations The model ordinance involves requiring residential permit applicants to complete the GreenPoint Checklist and include a minimum number of"green points"or green measures to be included in their project.GreenPoint raters or staff could be used as to ensure compliance.The Community Development Department has already developed internal procedures for the current green building program,which requires each residential development to attain one green point. Residents already have access to free green building workshops,green product directories and guidelines on the"Sustainable Burlingame"Web site at www.burlingame.org/sustainable. Annual Estimated GHG Reduction.1,051 tons. Cost Estimates.The costs are estimated at$12,000 and include the cost of City staff training, staff costs to modify the model green building ordinance and evaluation of potential requirements.Some staff training has already occurred for the current program and green building resources and green building guidelines have already been incorporated into the City Web site.Once the ordinance is adopted,additional staff time will be required for permit plan checks,estimated at$100 per plan check.These costs can be included in permit application fees,similar to the practices of neighboring jurisdictions who have adopted green building ordinances. Potential Funding Source.California Energy Commission grants funds and permit application fees. Responsible Personnel.Community Development Department. Municipal Examples.Hillsborough,San Mateo County, Brisbane,Los Altos Hills,Sonoma and San Francisco. Adopt a Commercial Green Building Ordinance to require new commercial(greater than 10,000 square feet)construction and major remodels to meet a minimum Leadership in Energy and Environmental Design(LEED)standard. Benefits.Burlingame's commercial buildings account for 61%of the built environment's emissions.Requiring mandatory green building measures will begin to reduce these emissions from new commercial development and major remodel projects.Commercial property owners can realize an estimated 30%cost savings in utility bills from energy and water efficiency, increased employee productivity,improved indoor air quality and increased value from green commercial properties. Many commercial developers already are building using LEED measures;an October 2008 survey"of corporate real estate executives found that two-thirds of corporate real estate executives believe that sustainability is a critical business issue.Commercial developers and major corporations that have adopted specific energy efficiency initiatives do so because of the financial return and reduced operating costs that result from green buildings.The State of 41 Jones Lang LaSalle and CoreNet Global,"Perspectives on Sustainability:Results of the 2008 Global Survey on Corporate Real Estate and Sustainability,"October 2008.Survey conducted September and October 2008. IV.Climate Action Plan Program&Policy Recommendations Burlingame Climate Action Plan California completed an in-depth analysis of the cost benefits of green building and concluded that green buildings have a financial upside that exceeds the cost by a factor of 10 to one.42 Components. Prior to any mandatory requirements, the City could adopt a Commercial Green Building Policy for voluntary compliance similar to the process used for the Residential Green Building Policy adopted by the City Council in 2008. A voluntary period of 12 to 18 months can provide sufficient time for staff and commercial developers to prepare for the mandatory phase. After a sufficient education period, a Commercial Green Building Ordinance could be adopted to require new large-scale commercial construction and major remodeling projects to meet a minimum standard of Leadership in Energy and Environmental Design (LEED). The commercial developers would complete the LEED certification process and provide proof of certification to City staff for compliance with the ordinance. Annual Estimated GHG Reduction. The voluntary program provides 98 tons of reduction; the mandatory program provides 394 tons of reduction. Cost Estimates. The estimated cost for both programs is $17,500. The voluntary phase would require staff time for the development of the Commercial Green Building Policy and include staff time estimated at $2,000 for adding LEED resources, checklists on the City's Web site and permit documents. The ordinance would include costs for staff training by a LEED Accredited Professional (LEED AP) and staff time for development of new commercial green building ordinance, estimated to be approximately $13,500. Burlingame staff could reduce preparing time by reviewing commercial green building ordinances that have been adopted by neighboring jurisdictions. The cost of staff time for plan checks is estimated at $200 per plan check ($2,000 for 10 plan checks) and could be absorbed by application fees. Potential Funding Source. California Energy Commission and permit application fees. Responsible Personnel. Community Development Department. Municipal Examples. Palo Alto, San Mateo County, San Francisco and San Jose require minimum green building LEED certification for commercial buildings. Develop a Commercial Energy Efficiency Policy to provide energy-efficiency technical assistance to the commercial sector and provide an Incentive and Recognition Program. Encourage commercial businesses applying for new or renewal of businesses licenses to complete a free PG&E energy-efficiency audit. Expand Burlingame's participation in the Bay Area Green Business Program and provide incentives for businesses to achieve Green Business Certification. Benefits. Most office buildings spend 30% of their operating budget on energy consumption. Business owners often are not aware of resources, Apt rebates and incentives that are available for energy efficiency. Energy- 4 efficiency audits and improvements can reduce energy usage by 30% to 40%.43 Burlingame's commercial buildings account for 61 % of the built environment's emissions, and an effective Commercial Energy Efficiency Policy can reduce emissions by providing free resources that educate GaELS BUSINESS businesses on low-cost energy and water saving opportunities. Pacific Gas and Electric provides free energy audits that can save significantly on utility 42 The Costs and Financial Benefits of Green Building, www.usgbc.org/docs/news/ 43 www.pge.com/mybusiness/ IV. Climate Action Plan Program & Policy Recommendations costs and benefit the City by reducing emissions and the demand on the grid. This recommendation leverages current resources from the Bay Area Green Business Program, a program in which the City is already participating. Six Burlingame businesses are currently certified as green businesses. Components. The program would involve the Sustainability Coordinator's promotion and education of free energy audits from Pacific Gas and Electric (PG&E) that provide cost-benefit analysis and/or retrofit service information and rebates.44 The coordinator would also expand the City Web site to include commercial energy efficiency and water efficiency resources45 and would coordinate the development of an incentive program. This individual would coordinate outreach materials for businesses renewing or applying for new business licenses and would highlight PG&E resources that provide industry-specific recommendations46 for energy and water efficiency for hotels, auto dealers, restaurants/food service, office and retail. The Sustainability Coordinator would promote green business certification to ensure that businesses receive timely certification, citing benefits that include: Improved operating efficiencies, saving energy and water Increased recycling Buying recycled Reducing emissions Annual Estimated GHG Reduction. 1,016 tons. Cost Estimates. The estimated costs are $4,500 to cover the cost of promotion and education materials for the Commercial Energy Program, Recognition Program, business license renewable program and the Bay Area Green Business Program. Potential Funding Source. California Energy Commission and San Mateo County program Energy Strategy 2012, Responsible Personnel. Sustainability Coordinator and related staff. Municipal Examples. Palo Alto, Menlo Park, Oakland, Berkeley. Transportation and Land Use Recommendations The transportation sector is the largest contributor to Burlingame's emissions (60%). Most of the emissions (70%) are from vehicles traveling on Highway 101, Highway 280 and Highway 82 (EI Camino Real), and the remainder (30%) is from t travel on Burlingame roads. Achieving a 15% reduction from the 2005 baseline levels involves policy and program implementation outside of the control of Burlingame decision makers. However, « � approximately 50% of driving trips are less than five 44 www.fypower.com 45 www.bcsfbay.org 46 www.energystar.ca.gov ® IV. Climate Action Plan Program & Policy Recommendations miles and Burlingame can help reduce emissions by promoting the use of alternative fuel vehicles,expanding public transportation,and providing safe and convenient bicycling and walking routes.Land use is closely linked to transportation because it is the orientation of destinations that require us to travel.For this reason,land use and transportation are included in the same group of recommendations.GHG reductions from transportation and land use also provide a higher quality of life,improved safety and better health for the Burlingame community. The City has already completed several significant steps in transportation and land use decisions that reduce greenhouse gas emissions that include adoption of a Bicycle Transportation Plan,installation of bicycle route signs and bicycle racks,shuttle service and promotion of public transportation.The recently adopted North Burlingame/Rollins Road Specific Plan encourages mixed-use and high-density residential development within one-half mile of the BART/Caltrain intermodal station. Establish a policy that requires new,large commercial properties(greater than 10,000 square feet)to develop Transportation Demand Management(TDM) strategies that encourage the use of shuttles,carpools,bicycles and public transportation.Provide TDM guidelines in the permit packet for all new commercial developments. Benefits.This policy enables new,large commercial employers to address public transportation,bicycling and walking access to new developments by incorporating Transportation Demand Management(TDM)strategies.Many commercial developers in the Bay Area are already familiar with these requirements since several surrounding cities already require them.The City staff has already used these strategies as part of the construction plan for Peninsula Hospital,whose TDM program requires installation of bike lockers and racks, showers and changing rooms for employees,a contribution to the Peninsula Congestion Relief Alliance,shuttle service to Caltrain and BART,and a dedicated shuttle service between other Mills Peninsula facilities. Components.Conditions of approval would require that new large- scale commercial developers address transit,bicycling and walking 5 access to the location.The staff would provide TDM guidelines for new commercial development applicants.Requirements could include providing a transportation allowance to carpoolers,transit users and bicyclists;offering preferred parking for electric,or alternatives fuel vehicles;providing shuttle services;installing bicycle lockers or racks; and policies that encourage telecommuting. Annual Estimated GHG Reduction.371 tons. Cost Estimates.The estimated cost of staff time for policy development,developing and coordinating guidelines,and incorporation into requirements is$6,000. Potential Funding Source.Permit fees. Responsible Personnel.Community Development Department. Municipal Examples.Palo Alto,Menlo Park. IV.Climate Action Plan Program&Policy Recommendations Eur�,ogar,e C=e ate -ct__i_ = a Adopt a policy to provide prioritized parking for hybrid or alternative-fuel cars on city streets, garages and lots. Expand the policy as technology advances to increase accommodation of hybrids and or alternative-fuel vehicles. Benefits. Providing prioritized parking for hybrid or alternative-fuel vehicles can promote the purchase of more fuel-efficient cars and thus reduce emissions. These parking spaces can be incorporated in a number of new parking lots, structures and plans that are coming online throughout key areas of Burlingame's downtown and commercial areas. Components. Select parking spaces in convenient public locations can be designated as "green" spaces reserved for hybrid, electric or other alternative-fuel cars (similar to handicapped spaces). Parking would be enforced. Consider increasing parking fees for non-green spaces to reduce congestion and increase the revenue stream for the City. Annual Estimated GHG Reduction. 164 tons. Cost Estimates. Costs depend on the number of designated "green' spaces. The program would require Public Works to designate spaces and the Police Department to provide parking enforcement. Potential Funding Source. Bay Area Air Quality Management District or parking fees. Responsible Personnel. Public Works, Parking Enforcement. Municipal Examples. Mountain View; the City of San Mateo includes in its Climate Action Plan). Incorporate bicycle-friendly intersections in street design and modifications. Ensure new developments provide safe and convenient travel by walking, bicycling or public transportation. Benefits. Providing safe and convenient routes for bicycles and pedestrians can improve quality of life and increase safety for Burlingame residents. Approximately 50% of driving trips are less than five miles, and promoting alternatives other than single-occupancy vehicles can reduce emissions. Burlingame has already adopted a Bicycle Transportation Plan and an element of the General Plan that encourages bicycle use. The Bicycle and Pedestrian Advisory Committee and the City have installed lighted crosswalks at critical intersections, placed bicycle route signs on residential routes through Burlingame and added bicycle racks. Bicycle-friendly accommodations are already a City priority for Burlingame. Expansion of a safe and convenient bicycle network can reduce the amount of single-occupancy vehicles that travel on City roads in Burlingame. Components. Staff would review plans for new street design and modifications to ensure that bicycle-friendly intersections are included. Staff would review plans for new developments and ensure that these plans provide safe and convenient methods to travel by bicycle, walking or public transportation. The City could consider working toward a connected network of bike WIV. Climate Action Plan Program & Policy Recommendations Burlingame Ciinate or, r,ar routes to schools and to downtown and installing "BikeLink" lockers for safe storage of bikes downtown and at Caltrain stations. Annual Estimated GHG Reduction. 87 tons. Cost Estimates. Staff time to incorporate bicycle-friendly intersections in street design and modifications. Staff to ensure new developments provide safe and convenient travel by walking, bicycling or public transportation. Estimated costs are to be determined. Potential Funding Source. Metropolitan Transportation Commission grant program for bicycle, pedestrian and public transportation oriented improvements. Responsible Personnel. Community Development Department Municipal Examples. Sonoma, Rohnert Park, Berkeley, San Francisco. M Research methods to increase ridership and expand shuttle service and partner with local groups to increase public transportation alternatives. Benefits. Providing residents with convenient alternatives to single-occupancy vehicles can further reduce Burlingame's greenhouse gas emissions resulting from travel on Burlingame roads. Expanding shuttle service and ridership and other forms of public transportation can also improve the quality of life for residents, reduce pollution, provider a higher level of safety in streets, improve health from increased exercise and reduce congestion. The City has been commended for its shuttle services and public transportation services. Residents and visitors benefit from three shuttles that connect BART, Caltrain and major employment and shopping areas. Components. The staff would continue to work with transit and regional organizations and seek grant funds to expand shuttle services. The City could consider funding shuttle expansion by requesting funding from major commercial users. It might add bicycle racks to shuttles to expand ridership. Staff would continue to seek additional methods to promote and educate the public about transportation alternatives. Annual Estimated GHG Reduction. Reductions in emissions to be determined based on shuttle service modifications. Cost Estimates. The costs of this program are to be determined. Potential Funding Source. Grant funds, general funds and/or parking fees. Responsible Personnel. Public Works. Municipal Examples. Palo Alto, Menlo Park, San Jose, Sunnyvale, Mountain View. IV. Climate Action Plan Program & Policy Recommendations Waste Reduction and Recycling Burlingame disposed of 29,779 tons of waste to landfill in 2008,and Burlingame's community GHG inventory showed that approximately 4%of emissions were from solid waste.Though this percentage of emissions may seem like a small percentage,the actual emissions from waste decomposing at landfills are significantly more potent than carbon dioxide.As waste from landfills decomposes,methane gas is released,which is 21 times more potent that carbon dioxide(CO2).Burlingame has direct control over solid waste,recycling and composting decisions,and can consider new and expanded recycling and composting programs as they become available to Burlingame residents and businesses.For this reason,the solid waste sector has strong potential to provide GHG emission reductions for Burlingame. Provide new residential and commercial recycling service that includes: a) "Single stream"recycling collection service for residential and commercial b) Weekly collection of single stream recycling for residential c) Weekly collection of organics/food collection for residential Benefits.The new recycling programs that will become available to Burlingame residents and businesses in January 2011 provide an effective method to significantly reduce emissions.The analysis provided by the solid waste joint powers authority,the South Bayside Waste Management Authority,showed that the new single stream recycling program can increase diversion of this sector by an estimated 30%,and analysis also showed that the new food and organics collection program can increase diversion of this sector by 20%.Studies show that increasing convenience of recycling for residents and business can significantly increase diversion rates and can assist residents and businesses in reducing the garbage generated to landfill.Many Burlingame residents at the Climate Action Plan Community Workshop were very supportive of these new recycling and diversion programs. Components.New upgraded services include providing"single stream recycling"in which all paper,containers,cardboard and plastic recyclables go into one container and don't require any sorting by residents or businesses.New wheeled containers are provided to residents for easier movement and placement at the curbside.Additional services include an"organics collection" that allows all food discards to be added to the current yard waste collection program. Burlingame residents and businesses,as a member of the South Bayside Waste Management Authority,would receive the outreach and education campaign materials as part of the new services provided.The costs of the recycling and solid waste services are paid by the residential and commercial ratepayers. Annual Estimated GHG Reduction.3,164 tons. Cost Estimates.No costs to the City,as new services are included in the ratepayers'garbage fees. Potential Funding Source.Garbage fees. Responsible Personnel.City Council,City Manager and Finance Director. Municipal Examples.Most Bay Area cities have single stream recycling services.San Francisco and San Carlos have food and organics collection. WIV.Climate Action Plan Program&Policy Recommendations Burlingame Climate Acer Plan Adopt a Commercial Recycling Ordinance that requires businesses to divert recyclable organics, containers, cardboard, and paper. Benefits. Burlingame's commercial businesses recycled only 18%47 of their garbage in 2008, and the percentage of recycling has remained relatively flat for the past several years. An effective commercial recycling ordinance can increase commercial diversion by requiring that recyclables be diverted from landfill. Burlingame businesses benefit because recycling is provided at no additional cost. Other cities that have implemented commercial recycling ordinances have reported a 21 % increase in commercial diversion.48 Components. The Sustainability Coordinator and finance staff can consider the model commercial recycling ordinance and data provided 49 by the South Bayside Waste Management Authority. The development of the ordinance could involve requiring businesses that dispose of more than 50 cubic yards of waste per month to be covered under the ordinance. The Sustainability Coordinator and finance staff could consider coordinating outreach efforts on the largest solid waste generators and could require that the hauler provide quarterly reports on progress in reducing solid waste from these generators. Annual Estimated GHG Reduction. 793 tons. Cost Estimates. The cost of staff time is estimated at $3,500 to modify the model ordinance that has already been developed by the recycling and solid waste authority and to coordinate the program with the recycling and solid waste provider. Potential Funding Source. Garbage fees. Responsible Personnel. Finance Director or finance staff and Sustainability Coordinator. Municipal Examples. Sacramento, Citrus Heights, San Jose. Promotion and Education Programs A Climate Action Plan is more effective if the community is aware of its goals and policies. Resident participation is essential for many of the Climate Action Programs if Burlingame is to achieve the AB 32 GHG reduction targets. Burlingame can benefit from the development of a community group that can leverage resources from several regional promotion and education efforts that are under way in the Bay Area. 47 Allied Waste Systems Report, 2008 48 City of Sacramento 49 Model Commercial Recycling Ordinance, South Bayside Waste Management Authority Members, October 2008. www.rethinkwaste.org IV. Climate Action Plan Program & policy Recommendations Burlingame Climate r Encourage the development of a community group ("Burlingame Green") to promote and educate the community about climate action programs. Benefits. The City of Burlingame will need participation and involvement from all sectors of the community to achieve the AB 32 GHG reduction targets. An effective community group in Burlingame can provide focused promotion and education campaigns that can be modeled after other successful community groups. Components. This recommendation does not require A pilot program was initiated in fall of funds or staff from the City staff. The community group 2008 in the City of Davis to challenge local residents to go on a "low-carbon could choose to complete a variety of projects, diet." Davis offers a workbook to including: assist households with measuring emissions and developing individual Green@Home Campaign action plans. Since the residential sector contributes approximately 23% DriveLess Campaign of citywide GHG emissions, the low- carbon diet challenge represents an Solar Community Discount Program opportunity to reduce a significant Take the 10-Gallon Challenge Campaign portion of emissions. Partner with schools to promote carpooling Campaign to promote buying local foods Grow Your Own Garden Low-Carbon Diet Campaign: How to Lose 5000 Pounds in 30 Days Annual Estimated GHG Reduction. Greenhouse gas emission reductions depend on projects selected. Cost Estimates. No staff time or costs from City. Potential Funding Source. N/A. Responsible Personnel. Community group. Municipal Examples. Menlo Park, Los Altos Hills, Portola Valley, Redwood City. Dedicate a part-time (0.50 FTE) Sustainability Coordinator to implement and coordinate climate action programs. I Benefits. The Sustainability Coordinator fills the essential role of implementing the climate action programs that the City staff does not have time to supervise. This person would coordinate projects with City staff, community groups and commercial organizations and would provide the City Council and community with progress reports on program implementation and progress toward GHG emission reductions. This individual could save the City money by leveraging regional programs that benefit Burlingame and by identifying grant opportunities. {V. Climate Action Plan Program & Policy Recommendations Components. It is envisioned that the position of the Sustainability Coordinator would be funded by the grants from the California Energy Commission that are anticipated to be available in fall 2009. The California Energy Commission has provided preliminary guidelines for jurisdictions and additional details will become available in July or August of 2009 regarding specific funding levels. With these grant funds the Sustainability City Green Teams Save City Coordinator would develop the Phase 1 of the Climate Energy Costs Action Plan as approved by the Council in coordination Berkeley completed energy retrofits to with City staff. The programs would include: all city-owned buildings. Through this effort, it is now saving 2.1 million Professional Home Energy Audit Program kilowatt hours of electricity, 37,520 therms of natural gas, and $370,000 Residential Energy and Water Efficiency of taxpayers' money annually. Checklist Completing energy retrofits to city buildings is expected to save about 4 Solar and Energy Efficiency Financing Program 1,200 tons of COZe annually. (promotion and education) Commercial Energy Efficiency Program, Recognition Program and Bay Area Green Business Program Commercial Recycling Program and Commercial Ordinance Community group coordination 4 Burlingame City Green Team (energy and water efficiency for city operations) Annual Estimated GHG Reduction. Greenhouse gas emission reductions depend on projects selected. Cost Estimates. The costs for this position are estimated to be $89,000 per year. Potential Funding Source. California Energy Commission grant funds. Responsible Personnel. City Manager.Municipal Examples. Redwood City; also proposed in Palo Alto and Menlo Park Climate Action Plans. Municipal Programs Burlingame's Public Works staff members are to be commended for the work they have already completed in energy efficiency. The City participates in the Energy Watch Program and Pacific Gas and Electric's Demand Response Program and has completed the conversion of traffic signals to LEDs. The goal of the Climate Action Program is to expand energy efficiency and water conservation efforts for city operations that can provide the City with additional cost savings and reduce emissions. WDev!ellop "City Green Team" composed of City staff to promote and expand sustainable programs within the City and community. IV. Climate Action Plan Program & Policy Recommendations Benefits. City departments (Public Works, Parks & Recreation, Community Development, Finance and Library) can include sustainable goals as part of their department's annual goals to assist the City in meeting emission reduction targets. The City Green Team (composed of Public Works and others) could also prioritize and implement energy and water efficiency upgrades for city facilities.50 The City can achieve reduced operating costs and be a leader for public and private sector in energy savings and water efficiency. The City has already implemented effective energy saving projects and this program would expand on these efforts. Components. City departments can meet to discuss implementation of best sustainable practices within the City and for the community. The City Green Team can be assisted by the Sustainable Coordinator to leverage the resources of several regional organizations to save staff time and resources. Providing resources to increase energy efficiency and water conservation by municipal operations can provide a good return on invested time and resources for the City. The California Energy Commission (CEC) is dedicating $26 million for low-interest loans for City Green Teams identify municipal and public facilities for energy-efficiency opportunities for energy and water measures. The CEC grants loans of up to $3 million per efficiency and coordinate free energy project with no minimum loan amount. Loans can cover audits for municipal facilities. u to 100% of the project. The Sustainability Information collected during energy p p J y audits can help prioritize a plan for Coordinator can assist the City Public Works staff or the action to reduce energy usage and "City Green Team" by providing research, writing grants develop a road map for continuous and coordinating energy and water efficiency improvement. improvements. This individual can assist City staff in completing and expanding projects with ABAG and the The California Energy Commission's Energy Partnership Program provides CEC that include Energy Watch and energy and water technical assistance to cities to efficiency improvements in city operations, such as conduct energy audits and identify boiler replacements. The CEC is dedicating $26 million cost-effective energy-saving to low-interest loans for municipal and public facilities opportunities for local government for energy-efficiency measures. The CEC grants up to facilities. $3 million per project, with no minimum loan amount Loans can cover up to 100% of a project. The Green Team could consider the use of an Energy Service Contractor that provides energy audits of existing operations to identify energy upgrades on a contract basis, with the stipulation that the money spent on upgrades will be repaid through resulting savings. Annual Estimated GHG Reduction. 349 tons. Cost Estimates. The cost of City staff time is estimated at $12,000. Potential Funding Source. California Energy Commission grant funds. Responsible Personnel. Public Works, Sustainability Coordinator. Municipal Examples. San Jose and Menlo Parks' so City of Burlingame's Waste Water Treatment Plant listed as#186 in Bay Area Air Quality Management District Report"2007 Bay Area Major(Top 200) GHG Emitting Facilities" MIV. Climate Action Plan Program & Policy Recommendations Summary of Phase 1: Recommendations for Implementation Prior to 2012 GHG Reduction Recommendation Reduction Initial Costs Tons I Year Adopt Water Efficient Landscape Ordinance, as required by AB 1881. 272 $4,000 © Adopt a Residential Energy Conservation Policy (voluntary) to provide 1,315 $10,000 professional residential energy-efficiency and water-efficiency audits for residents at reduced cost. Promote the Residential Energy and Water Efficiency Checklist. © Research and Consider Solar and Energy Efficiency Financing 225 Costs TBD Program for residents and commercial. (ABAG has regional program development under way) Adopt Green Building Ordinance for residential new construction/ 1,051 $12,000 major remodel projects. © Adopt Commercial Green Building Ordinance (after voluntary period 394 $17,500 of 12 to 18 months) to require major new commercial construction properties (greater than 10,000 square feet) and major remodels to meet minimum Leadership in Energy and Environmental Design (LEED) standards. Develop Commercial Energy Efficiency Policy: provide energy 1,016 $4,500 efficiency technical assistance, Incentive/ Recognition Program. Encourage commercial businesses applying for new/ renewal of businesses licenses to complete PG&E energy efficiency audit. Expand Burlingame's participation in Bay Area Green Business Program. Policy that requires Transportation Demand Management(TDM) 371 $6,000 strategies for new development of large commercial properties that encourage shuttle use, carpool, bicycle and transit. Provide TDM guidelines in permit packet for all new developments. Adopt policy to provide prioritized parking for hybrid, rideshare or 164 Costs TBD by alternative-fuel cars in city streets, garages, lots. Modify policy as number of technology advances to increase accommodation of hybrids/ prioritized alternative-fuel vehicles. spaces. Incorporate bicycle-friendly intersections in street design and 87 Estimated modifications. Ensure new developments provide safe/convenient costs TBD travel by walking, bicycling or public transportation. mResearch methods to increase ridership and expand shuttle service TBD Estimated and partner with local groups to increase public transportation costs TBD alternatives. IV. Climate Action Plan Program & Policy Recommendations Burlingame Climate Act'nr P!2n ReductionGHG I GHG - • RecommendationReduction • Tons I Year mUpgrade residential/commercial recycling service to: 3,164 No costs to a) "Single stream" recycling collection service for residential and City, funded commercial by garbage b) Weekly collection of single stream recycling for residential ratepayers. c) Weekly collection of organics/food collection for residential ® Adopt Commercial Recycling Ordinance that requires businesses to 793 $3,500 divert recyclables organics, cardboard, paper. ® Encourage development of community group ("Burlingame Green") to Dependent on No costs to expand promotion and education of climate action programs. campaigns City. selected m Dedicate part-time (.50 FTE) Sustainability Coordinator. Dependent on $89,000 actions implemented ® Develop"City Green Team" (Public Works staff, other) to prioritize 349 $12,000 and implement energy-efficiency/water-efficiency upgrades for city facilities. TOTAL 9,201 tons $158,500 Phase 2: GHG Reduction Programs for Implementation 2012 to 2020 The second phase of program recommendations is Phase 2: GHG Reduction Programs for Implementation 2012 to 2020. Several of the recommendations in Phase 2 include mandatory requirements and capitalize on the voluntary compliance period of Phase 1 programs. Recommendations for Phase 2 were selected because they can provide increased greenhouse gas reductions, have an increased number of requirements and continue to focus on Burlingame's major emission sectors. The following is a summary of the recommended programs for implementation from 2012 to 2020. Energy Efficiency and Green Building Recommendations Identify and implement methods to expand solar and renewable-energy generation for residential and commercial. Streamline the permit process for solar and other renewable energy and provide a Renewable Energy Incentive Program. i Benefits. The City Council recently took a significant step to promote solar photovoltaic installations by eliminating the solar permit fees for residents in December 2008. However, Burlingame continues to have one of the lowest numbers of kilowatts of installed solar capacity in the county. Burlingame has 149 kilowatts of installed solar capacity in comparison to Menlo Park with 687 kilowatts, Woodside with 552 kilowatts and San Carlos with 426 kilowatts.52 Solar energy provides significant benefits to the City, residents and businesses, and the new 2009 52 California Energy Commission and California Public Utilities Commission, December 31, 2008 ® IV. Climate Action Plan Program & Policy Recommendations federal tax credit of 30% in addition to state incentives have made the installation of solar more cost-effective than ever before. The benefits of solar include lower energy bills, insulation from increasing energy costs and an increased value of homes or businesses.13 Solar energy is clean and nonpolluting and has no negative by-products. A typical solar installation on a three- bedroom home saves 82,000 pounds of greenhouse gas emissions over 15 years. The California Energy Commission provides rebates for the installation of renewable energy systems in homes and includes rebates for small wind turbine generation systems. The current rebate is $4.50 per watt or 50% of the system cost, whichever is less. New technological advances in wind technology have made wind generation very cost-effective. Components. A recent report54 showed that many cities are streamlining their solar permit process, and some cities are providing solar permits over the counter without delays. Staff could research cities that have implemented streamlined permit processes, such as Saratoga or San Jose, and might consider implementing a more streamlined process. City staff could also provide a one-day solar training workshop to familiarize inspectors with new solar technology. Additionally, new Go Solar California advances in wind technology have made wind The California Solar Initiative provides generation very cost-effective. Staff and/or contractors information on rebates, tax credits can identify and eliminate barriers to the installation of and incentives for solar energy small wind turbines for residential and commercial, such systems in California. The CSI as permitting complications, and ensure that zoning program provides additional regulations allow wind turbines. A new Recognition assistance to local governments that Program could be implemented to promote solar and/or cannot take advantage of the federal other renewable energy installations for residents and solar investment tax credit (ITC). businesses that would be highlighted on the City's Web site. Annual Estimated GHG Reduction. 380 tons. Cost Estimates. The costs are estimated at $7,900 and include staff training for solar workshops for inspectors, staff time to evaluate and streamline the solar permit process, and time to modify regulations to allow and/or encourage renewable energy generation. Potential Funding Source. Permit application fees. Responsible Personnel. Community Development Department. Municipal Examples. Saratoga, Mill Valley, San Jose, Walnut Creek. Adopt Commercial Energy Conservation Policy (voluntary) to encourage inclusion of Energy and Water-Efficiency Checklist for commercial properties sold to comply with minimum energy-efficiency and water-conservation standards. Benefits. Most businesses spend 30% of their operating budget on energy consumption. Business owners are in particular need of energy-efficiency education as they often are not aware of resources, rebates and incentives that are available. This program calls for a simple Energy and Water-Efficiency Checklist that provides cost-effective and easy methods to 53 Appraisal Institute Survey 54 http://Iomaprieta.sierraclub.org/global_warming/pv_permit_study.htm#Recommendations IV. Climate Action Plan Program & Policy Recommendations �.:r!�nga^�e Cfi�-ate increase energy and water efficiency. Burlingame's commercial buildings account for 61% of the built environment's greenhouse gas emissions, and this education program can reduce emissions cost effectively. This program is voluntary and would provide the necessary promotion and education period of an estimated 12 to 18 months prior to mandatory compliance. Components. The program would involve staff or a Sustainability Coordinator using the model Energy and Water-Efficiency Checklist, placing it on the City's Web site, and promoting and educating people about it, including commercial developers, owners and commercial real estate stakeholders. The Checklist includes energy-efficient lighting, low-flow plumbing fixtures, ensuring that HVAC thermostats function properly, that air duct leaks are repaired and water pipes are insulated to R-values in accordance with Title 24. Annual Estimated GHG Reduction. 305 tons. Cost Estimates. The estimated costs for this program are $3,400 to cover costs of modifying the Energy and Water-Efficiency Checklist, placing it on the City's Web site and developing policy. Potential Funding Source. Permit fees or CEC grant funds. Responsible Personnel. Sustainability Coordinator. Municipal Examples. San Francisco, Berkeley. Adopt a mandatory Commercial Energy Conservation Ordinance (after 12 to 18 months of voluntary education and promotion) to require compliance with minimum energy-efficiency and water-conservation standards in the Energy and Water- Efficiency Checklist for commercial properties sold or with "transfer of title." Benefits. Burlingame's commercial buildings account for 61% of the built environment's emissions. This program would focus on requiring commercial properties with transfer of title to meet minimum standards of energy and water efficiency using the Energy and Water-Efficiency Checklist. This mandatory program would follow the 12 to 18 months voluntary period of compliance. Components. The program would involve staff or a Sustainability Coordinator using the model Commercial Energy Conservation Ordinance and modifying the ordinance to suit the City's requirements. The coordinator would modify the Energy and Water-Efficiency Checklist accordingly. The ordinance would require that the seller (or buyer) of a commercial property to meet �" Aa minimum energy and water-efficiency standards at the time of sale or transfer of title of a property. The City could choose to develop the ordinance, checklist, guidelines and certification process using the model program that other Bay Area cities have developed or develop its own ordinance. The ordinance could require that the property meet or exceed Title 24 energy requirements. The City could promote the Building Owners and IV. Climate Action Plan Program & Policy Recommendations Managers Association (BOMA)55 program that offers commercial building owners high-rise training on energy efficiency. Sample measures from the model "Energy and Water-Efficiency Checklist" include energy-efficient lighting, low-flow plumbing fixtures, ensuring that HVAC thermostats function properly, air duct leaks are repaired and water pipes are insulated to R- values in accordance with Title 24. The ordinance could limit the costs of the energy and water improvements to .5% or 1% of the sale price. Annual Estimated GHG Reduction. 652 tons. Cost Estimates. The estimated costs for this program are $30,600 to cover the cost of modifying the model Commercial Energy Conservation Ordinance and Energy and Water- Efficiency Checklist, staff training, compliance procedure establishment and certification process, and additional outreach and education. Potential Funding Source. Permit fees or CEC grant funds. Responsible Personnel. Sustainability Coordinator and Community Development staff. Municipal Examples. San Francisco, Berkeley." Adopt mandatory Residential Energy Conservation Ordinance (after 12 to 18 months of voluntary education and promotion) to require compliance with minimum energy-efficiency and water-conservation standards in the Energy and Water- Efficiency Checklist for residential properties sold or with "transfer of title." Benefits. Most homes in Burlingame were built prior to enactment of state energy codes and could increase energy efficiency by an estimated 20% to 40%. Participating residents could save approximately $800 to $1,200 per year in energy and water savings.57 Increasing energy efficiency is the fastest and most economical method to reduce emissions. This ordinance would follow a 12- to 18-month voluntary compliance period (Phase 1 program) that promoted the Residential Energy and Water-Efficiency Checklist. The ordinance can provide residents with more energy and water- efficient homes and can significantly reduce emissions in the City due to the large number of residences that were built prior to Title 24 (energy efficiency requirements). The City can use the model / ordinance used by other Bay Area cities to reduce staff time and resources. The requirement of minimal upgrades can have a significant impact on energy consumption (e.g., converting to CFLs, weatherizing, insulating and caulking). 1,4 Components. Staff or the Sustainability Coordinator could choose to use the model ordinance that neighboring cities have adopted and 55 www.boma.org/TrainingAndEducation/BEEP/ 56 Commercial Energy Compliance Ordinance(CECO)6176 N.S. Municipal code 19.72 April 1994 www.ci.berkeley.ca.us 57 Estimates based on 2,000 square foot home and analysis of Bay Area homes that have completed home energy efficiency audits . _ -- -_ iV. Climate Action Plan Program & Policy Recommendations Burlingame Climate Ac'or P modify it to suit the City's needs. The ordinance would require that residential properties that are sold or have transferred title meet minimum energy and water conservation requirements using the Residential Energy and Water-Efficiency Checklist. The City could use the model ordinance, Checklist, resources, certification process and guidelines that have been developed by other Bay Area cities to reduce staff time and resources. The ordinance could require that the property meet or exceed Title 24 energy requirements. The City could require that the ordinance limit the costs of the energy and water improvements to .5% or 1% of the sale price. The Checklist could include these requirements: ✓ Install minimum R-30 or higher ceiling insulation ✓ Install minimum R-12 or higher water heater insulation ✓ Install toilets with a maximum of 1.6 gallons per flush, sink aerators with a maximum 2.2. gallons per minute and showerheads with 2.5 gallons per minute ✓ Install weather stripping on all exterior doors ✓ Install damper or door/closure on fireplaces ✓ Install CFLs, LEDs or other high-efficiency lighting in a minimum of 75% of fixtures Annual Estimated GHG Reduction. 1,879 tons. Cost Estimates. The program would involve costs for staff and/or a Sustainability Coordinator to modify the ordinance and Energy and Water Efficiency Checklist, resources and guidelines, and certification process used by other Bay Area cities. The cost is estimated at $38,100. Potential Funding Source. Permit fees, CEC grant funds. Responsible Personnel. Sustainability Coordinator and Community Development Department staff. Municipal Examples. San Francisco, Berkeley. Transportation and Land Use Recommendations The transportation sector is the largest contributor to Burlingame's emissions (60%). Most of the emissions (70%) are from vehicles traveling on Highway 101, Highway 280 and Highway 82 (EI Camino Real), and the remainder (30%) is from travel on Burlingame roads. Achieving a 15% reduction from the 2005 baseline levels involves policy and program implementation outside of the control of Burlingame decision makers. However, approximately 50% of driving trips are less than five miles, and Burlingame can reduce emissions by promoting alternatives other than single-occupancy vehicles, such alternative-fuel vehicles, expanded public transportation, and safe and convenient bicycling and walking routes. Land use is closely linked to transportation because it is the orientation of destinations that requires us to travel. For this reason, land use and transportation are included in the same group of recommendations. Transportation and land use measures that reduce greenhouse gas emissions also provide a higher quality of life, improved safety and better health for the Burlingame community. IV. Climate Action Plan Program & Policy Recommendations The City has already completed several significant steps in transportation and land use decisions that reduce greenhouse gas emissions. It has adopted a Bicycle Transportation Plan. installed bicycle route signs and bicycle racks, provides shuttle service and promotes public transportation. The City also has adopted the North Burlingame/Rollins Road Specific Plan, and which encourages mixed-use and high-density residential development within one-half mile of BART/Caltrain intermodal station. The City Council will consider adoption of a Downtown Specific Plan with similar incentives during 2009. Research methods to expand and enhance shuttles and public transportation services to increase shuttle ridership and public transportation alternatives. Benefits. Providing residents with convenient alternatives to single-occupancy vehicles can further reduce Burlingame's greenhouse gas emissions resulting from travel on Burlingame roads. Expanding shuttle service and ridership and other forms of public transportation can also improve the quality of life for residents, reduce pollution, provider a higher level of safety in streets, improve health from increased exercise and reduce congestion. The City has been commended for its shuttle services and public transportation services. Residents and visitors benefit from three shuttles that connect BART. Caltrain and major employment and shopping areas. Components. The staff would continue to work with transit and regional organizations and seek grant funds to expand shuttle services. The City could consider funding shuttle expansion by requesting funding from major commercial users. It might add bicycle racks to shuttles to expand ridership. Staff would continue to seek additional methods to promote and educate the public about transportation alternatives. Annual Estimated GHG Reduction. 96 tons. Cost Estimates. The cost of staff time for promotion and education and coordination with regional public transportation organizations is estimated at $8,500. Potential Funding Source. Grant funds, general funds and/or parking fees. Responsible Personnel. Public Works. Municipal Examples. Palo Alto, Menlo Park, San Jose, Sunnyvale, Mountain View. Encourage development that is mixed use, infill and higher density. Benefits. The North Burlingame/Rollins Road Specific Plan and soon-to-be-adopted Downtown Specific Plan are excellent examples of forward-thinking planning that encourages mixed-use and high-density residential development close to public transportation. These land use IV. Climate Action Plan Program & Policy Recommendations decisions,known as"smart growth,"lead to decreased vehicle miles traveled and increased neighborhood vitality,better health and lower infrastructure costs. Components.The city staff would write code revisions to encourage mixed use,infill and higher density requirements for new development.The staff has already incorporated these requirements in the North Burlingame/Rollins Road Specific Plan and the Burlingame Downtown Specific Plan.The City's recently updated Housing Element encourages mixed-use,high- density development near transit as well. Annual Estimated GHG Reduction.Greenhouse gas emissions cannot be determined at this time due to unknown number of development projects that will be built. Cost Estimates.Costs would include staff time to encourage mixed use,infill and higher density requirements for new developments. Potential Funding Source.Permit fee. Responsible Personnel.Community Development Department. Municipal Examples.San Mateo,San Carlos,Menlo Park,Sunnyvale,San Jose and most Bay area cities. Waste Reduction and Recycling Burlingame disposed of 29,779 tons of waste to landfill in 2008,and Burlingame's community GHG inventory showed that approximately 4%of emissions were from solid waste.Though this percentage of emissions may seem like a small percentage,the actual emissions from waste decomposing at landfills are significantly more potent than carbon dioxide.As waste from landfills decomposes,methane gas is released,which is 21 times more potent that carbon dioxide(CO2).Burlingame has direct control over solid waste,recycling and composting decisions and can take advantage of new recycling and composting programs becoming available to Burlingame residents and businesses.For this reason,the solid waste sector has strong potential to provide GHG emission reductions for Burlingame. Evaluate the current Construction and Demolition(C&D)Ordinance and consider an increase to the current required diversion rate. Benerits.The recent downturn in the economy has impacted Burlingame's tax revenues,but there has been less impact on local construction project-related fees.The current Construction and Demolition(C&D)Ordinance requires that projects divert a minimum of 60%of waste generated from landfills.Increasing the diversion requirement can reduce waste to landfill and can be implemented with relatively minor modifications.A neighboring city is achieving a diversion rate of over 80%from construction projects;Burlingame could benefit from an increased diversion requirement.Burlingame disposed of 29,779 tons of waste to landfill in 2008,and Burlingame's community GHG inventory showed that approximately 4%of emissions were from solid waste.An evaluation of Burlingame's current Construction and Demolition Ordinance by the South Bayside Waste Management Authority in 2008 provided Burlingame WIV.Climate Action Plan Program&Policy Recommendations with specific recommendations. City staff could use this analysis, which has already been completed at no cost to Burlingame, and consider modifying the current ordinance. Components. The City already has a recycling specialist that K� monitors and enforces the current ordinance. The recycling specialist could review the Construction and Demolition Ordinance Report completed by the South Bayside Waste Management Authority in 2008, meet with department heads to review ordinance modifications and recommend modifications to the City Council. The work would not increase the staff time of the recycling specialist since the monitoring and enforcement procedures are already in place. Annual Estimated GHG Reduction. Greenhouse gas emission reductions can be determined once the City selects the new diversion rate for the Construction and Demolition (C&D) Ordinance. Cost Estimates. The estimated cost of $4,500 includes staff time to review the Burlingame report that was provided by the South Bayside Waste Management Authority and time to modify the ordinance and associated documents. Potential Funding Source. Permit fees. Responsible Personnel. Community Development Department. Municipal Examples. Hillsborough, Sonoma, Rohnert Park. k - Require recycling at major public events in Burlingame (of cardboard, paper, J containers and food/organics). Benefits. Small and large public events produce a significant amount of cardboard, aluminum cans, plastic bottles and food/organics. Requiring recycling at these public events diverts waste from landfills, reduces costs to the event holder and responds to the public's interest in recycling while away from home. Increased recycling provides a significant decrease in emissions because methane is released from waste decomposing at landfills and is significantly more potent than carbon dioxide. As waste from landfills decomposes, methane gas is released, which is 21 times more potent that carbon dioxide (CO2). Also, a new law, AB 2176, now requires operators of large venues and events to develop a waste reduction plan and report the results to the agency. This requirement can be accomplished at no cost to the City since the recycling services are provided at no additional charge by the recycling and garbage hauler. Many Burlingame residents at the Climate Action Plan Community Workshop were very supportive of increasing recycling throughout the City. Components. Te City would require recycling and composting as a condition of approval for public events. It could consider requiring a specific percentage of waste to be recycled at the public events. Estimated GHG Reduction. 377 tons. IV. Climate Action Plan Program &z Policy Recommendations Burlingame C[�­'- Cost Estimates. The cost, estimated at $2,500, includes time to train staff and additional staff time to inform and monitor this program. Potential Funding Source. Permit fees. Responsible Personnel. Sustainability Coordinator. Municipal Examples. San Carlos, San Francisco, San Jose. Adopt a Recycling Policy to achieve a citywide diversion rate of 75% measured diversion by 2015. Benefits. Burlingame has direct control over solid waste, recycling and composting decisions and can take advantage of the new and expanded recycling and composting programs as they become available to Burlingame residents and businesses. The new recycling programs and policies in the Climate Action Plan can greatly reduce waste to landfill, save energy and air pollution and extend the life of the landfill that saves the City in long-term solid waste costs. The Climate Action Plan recycling recommendations include: a) "Single stream" recycling collection service for residential and commercial; b) Weekly collection of single stream recycling for residential; c) Weekly collection of organics/food collection for residential; d) Mandatory commercial recycling; e) Required recycling at major public events. These programs in combination with the 75% Recycling Policy can provide the City with significant greenhouse gas emission reductions and save residents and businesses money. Components. The Sustainability Coordinator and finance staff can consider the model 75% Recycling Policy adopted by other jurisdictions and determine a recommended percentage and target year. They could meet quarterly to determine additional methods that could be implemented to meet the 75% goal. Annual Estimated GHG Reduction. Emission reductions cannot be determined at this time. Cost Estimates. Staff time for policy development coordination with the recycling and solid waste provider is estimated to cost $4,500. Potential Funding Source. Garbage fees. Responsible Personnel. Finance Director or finance staff and Sustainability Coordinator. Municipal Examples. All Alameda County Cities (75% by 2010), Palo Alto (73% by 2011), San Jose (75% by 2013). IV. Climate Action Plan Program & Policy Recommendations Municipal Programs The City of Burlingame Public Works Department is to be commended for the work already completed in energy efficiency. The City participates in the Energy Watch Program and Pacific Gas and Electric's Demand Response Program and has completed the conversion of traffic signals to LEDs. The goal of the Climate Action Program is to expand these municipal energy- efficiency and water conservation efforts to provide the City additional cost savings. Adopt a Civic Green Building Policy that requires "Leadership in Energy and Environmental Design" (LEED) a green building standard for new municipal construction and major remodels. Benefits. Many cities are adopting Civic Green Building policies to reduce operating costs and be a leader for the public and private sector in green building. The California Energy Commission (CEC) is dedicating grant funds for municipal and public facilities for green building and energy-efficiency measures. Green buildings provide improved air quality, reduced solid waste and improved employee productivity, and they minimize strain on the local infrastructure. A recent State of California study showed that green buildings have a financial upside that exceeds the cost by a factor of 10 to one.ss Components. Prior to mandatory requirements, Public Work staff can attend Leadership in Energy and Environmental Design (LEED) training. After sufficient training, staff can use the model Civic Green Building Policy used by neighboring jurisdictions and modify it to suit the City's needs. Staff would determine the specific level of LEED that would be required for new construction and major renovation projects of city facilities. There are four increasing levels of LEED certification: Certified, Silver, Gold and Platinum. The LEED "New Construction/Major Renovations v 2.2 Project Checklist" and associated guidelines would be used by City *<. staff. LEED also provides additional resources to United States Green Building Council (USGBC members. In addition to requiring a specific LEED level, City staff could choose to implement requirements such as shading for all City-owned parking lots, maximizing use of permeable surfaces where feasible and expanding projects using recycled water. The Sustainability Coordinator can assist the Public Works staff with this project. Annual Estimated GHG Reduction. 94 tons. Cost Estimates. The estimated cost of$17,000 includes staff time for LEED Accredited Professional (LEED AP) training, staff time for policy development and policy coordination, LEED guidelines and compliance certification. Potential Funding Source. California Energy Commission grant funds. Responsible Personnel. Public Works, Sustainability Coordinator. 58 The Costs and Financial Benefits of Green Buildings,www.usgbc.org/Docs/News/News477.pdf IW. Climate Action Plan Program& Policy Recommendations Municipal Examples.Hillsborough,San Jose,Menlo Park.59 Consider establishing a Sustainable Commission. Benefits.The City of Burlingame will need the participation and engagement from all sectors of the community to achieve the AB 32 GHG reduction targets.A City Commission dedicated to sustainable issues could provide the needed focus by the City and the community to meet Burlingame's greenhouse gas reduction target. Components.A Commission could be formed to provide leadership and coordination of City sustainability efforts. Annual Estimated GHG Reduction.The greenhouse gas emission reductions cannot be determined at this time. Cost Estimates.The greenhouse gas emission reductions cannot be determined. Potential Funding Source.City funds. Responsible Personnel.Community Development Department. Municipal Examples.Santa Monica,Berkeley. ® Complete a feasibility study on the installation of solar or other renewable energy projects at select City facilities(such as the wastewater treatment plant)and install where feasible. Benefits.The new 2009 federal tax credit of 30%in addition to state incentives have made the installation of solar more cost-effective than ever before.With solar,the City will reduce its operating costs and be insulated from future energy rate increases.The City can lead by example by installing solar that generates clean and nonpolluting energy and has no negative by-products.The California Energy Commission provides rebates for the installation of renewable energy systems and wind turbine generation systems. New technological advances in wind technology have made wind generation very cost-effective. South San Francisco and San Bruno are considering wind and solar installations at the Water Quality Control Plant in South San Francisco to save$4 million over 20 years.City engineers in these cities created a multi-phased plan to use solar and wind and developed funding sources that include grant funds and increasing city fees. Components.City staff or contracted staff can develop a feasibility study for renewable energy applications for City facilities and research funding and grant opportunities.Staff would complete the feasibility study and evaluate potential installation sites.The California Energy Commission is dedicating$26 million for low-interest municipal/public facilities for renewable IV.Climate Action Plan Program&Policy Recommendations E,-r[ ^ a'l-c _-!,mate F..: i0'. i,-aft and energy-efficiency measures, and City staff can expand research into these grant fund opportunities. Annual Estimated GHG Reduction. Depends on buildings selected to generate clean energy. Cost Estimates. The cost for the feasibility study is estimated at $10,000. Additional costs include staff time to evaluate installation sites. Potential Funding Source. California Energy Commission grant funds. Responsible Personnel. Public Works. Municipal Examples. San Carlos, San Jose, San Francisco. Adopt a Sustainable Purchasing Policy with two mandatory requirements: City fleet purchases must require hybrid or alternative-fuel vehicles (with some exceptions), and paper products purchased must have a minimum of 30% recycled content. Benefits. The City adopted an Environmental Purchasing Policy in March 2009 that encourages the purchase of sustainable products that minimize environmental impacts. As part of the new policy education, City staff members were provided with resources to learn where to purchase more green or -- sustainable products. They were given information on products with recycled content, those that have no or low toxicity (found in janitorial products) and products that conserve energy and water. Buying sustainable products saves energy and conserves water, thereby reducing the City's contributions to greenhouse gas emissions. This new policy recommendation follows the voluntary policy and requires two specific actions: 00 �41 4 City fleet purchases must require hybrid or The Green Vehicle Guide found at alternative-fuel vehicles (with some www.ei)a.gov/greenvehicles is for exceptions). cities considering the purchase of new vehicles. The guide is updated Paper products purchased must have a annually, and City staff receives fuel minimum of 30% recycled content. economy and emissions data for all new vehicles. The www.coolfleets.com Components. City staff or consultants can modify the Web site provides a cost/value current policy to include mandatory requirements and analysis to assist in determining the provide additional promotion and resources to City "best value^ for vehicle selection staff. City staff could also encourage expanding decisions. sustainable purchases into areas such as carpets or No landscape materials. Annual Estimated GHG Reduction. Greenhouse gas emissions cannot be determined at this time. Cost Estimates. The estimated cost of$2,500 includes staff time to modify the current policy and provide additional education materials for City staff. IV. Climate Action Plan Program & Policy Recommendations Potential Funding Source. City funds. Responsible Personnel. Public Works. Municipal Examples. San Carlos, San Jose, San Francisco. Dedicate a part-time (0.50 FTE) Sustainability Coordinator to implement and coordinate climate action programs. Benefits. The Sustainability Coordinator provides an essential role in implementing climate action programs. This individual coordinates many City programs that staff members do not have the resources to complete. The Sustainability Coordinator functions as the central person to coordinate Climate Action Plan programs with City staff, community groups and commercial organizations and provides the City Council and community with progress reports on program implementation and progress toward GHG emission reductions. This person can leverage regional programs and help locate grant funding to benefit Burlingame. Components. It is envisioned that the position of the Sustainability Coordinator would be funded by grant funds. The Sustainability Coordinator would develop the Phase 1 and Phase 2 programs of the Climate Action Plan as approved by the Council in coordination with City staff. This individual can also research additional grant opportunities and leverage regional resources for Burlingame. The Coordinator could provide program implementation that could provide the City, residents and the commercial sector energy and water cost savings. The Coordinator would monitor results and provide progress reports for the City Council and the community. Annual Estimated GHG Reduction. Depends on projects selected. Cost Estimates. The estimated cost for this position is $89,000. Potential Funding Source. Grant funds. Responsible Personnel. City Manager. Municipal Examples. Redwood City; proposed in Palo Alto and Menlo Park Climate Action Plans. IV. Climate Action Plan Program & Policy Recommendations Burlingame Climate Action Plan Summary of Phase 2: Recommendations for Implementation 2012 to 2020 ReductionGHG Recommendation Reduction Initial Costs Tons Year ® Identify and implement methods to expand solar and renewable 380 $7,900 energy generation for residential and commercial. Streamline the permit process for solar and other renewable energy and provide a Renewable Energy Incentive Program. © Adopt Commercial Energy Conservation Policy (voluntary) to 305 $3,400 encourage inclusion of Energy and Water Efficiency Checklist for commercial properties sold to comply with minimum energy-efficiency and water conservation requirements. © Adopt a mandatory Commercial Energy Conservation Ordinance 652 $30,600 (after 12 to 18 months of voluntary education and promotion) to require compliance with minimum energy-efficiency and water conservation standards in the Energy and Water Efficiency Checklist for commercial properties sold or when title is transferred. aAdopt mandatory Residential Energy Conservation Ordinance (after 1,879 $38,100 12 to 18 months of voluntary education and promotion) to require compliance with minimum energy-efficiency and water conservation standards in the Energy and Water Efficiency Checklist for residential properties sold or when title is transferred. © Research methods to expand and enhance shuttles and public 96 $8,500 transportation services to increase shuttle ridership and public transportation alternatives. Encourage development that is mixed use, infill and higher density. TBD TBD Evaluate the current Construction and Demolition (C&D) Ordinance TBD $4,500 and consider an increase to the current required diversion rate. Require recycling at major public events in Burlingame (of cardboard, 377 $2,500 paper, containers and food/organics). Adopt a policy to achieve city-wide diversion rate of 75% measured TBD $4,500 diversion by 2015. mAdopt a Civic Green Building Policy that requires a "Leadership in 94 $17,000 Energy and Environmental Design" (LEED) green building standard for new municipal construction and major remodels m Consider establishing a Sustainable Commission. Cannot be Cannot be quantified at quantified at this time this time ® Complete a feasibility study to install solar or other renewable energy Cannot be $10,000 at select City facilities (such as the wastewater treatment plant) and quantified at install where feasible. this time IV. Climate Action Plan Program & Policy Recommendations Burlingame Climate Action Plan EstimatedGHG GHG Reduction Reduction Recommendation Initial Costs Tons /Year ® Adopt Sustainable Purchasing Policy with two mandatory Cannot be $2,500 requirements: City fleet purchases must require hybrid or alternative- quantified at fuel vehicles (with some exceptions) and paper products purchased this time must have a minimum of 30% recycled content. m Dedicate Sustainability Coordinator Cannot be $89,000 quantified at this time TOTAL 3,783 tons $218,500 Table 7 shows Burlingame's greenhouse gas emission reductions resulting from the implementation of the programs recommended in Phases 1 and 2. In Phase 1, Burlingame would realize greenhouse gas emission reductions that total an estimated 9,201 tons per year, which is in the mid-range of necessary greenhouse gas reductions for Burlingame to meet the year 2020 target. The greenhouse gas emission reductions from the program recommendations in Phase 2 provide an additional 3,783 tons. The combination of Phase 1 and Phase 2 programs reduce greenhouse gas emissions by an estimated 12,984 tons per year, which is in the necessary range of emissions reductions needed to meet the AB 32 greenhouse gas reduction target for the year 2020. Table 7: Burlingame's GHG Reduction Target Analysis Metric Under Phase 1 and Phase 2 Recommendations Tons CO2e 2020 "Business-as-Usual" Emissions 408,780 2020 Reduction Target(15% below 2005 levels) 286,402 Total Emissions Reductions Necessary to Meet Target (122,378) Required Annual Emissions Reductions (2010-2020) (12,238) Annual Reductions from Phase 1 Recommendations (9,201) Annual Reductions from Phase 2 Recommendations (3,783) Total Phase 1 and Phase 2 Annual Reductions (12,984) IV. Climate Action Plan Program & Policy Recommendations °'J. aar-!-CI:J,F.=- c V. Implementation, Funding and Next Steps Burlingame's Climate Action Plan should be considered as a starting point to reduce greenhouse gas emissions to 15%below 2005 levels by 2020 and to 80%below 2005 levels by 2050.The plan establishes a framework of action that the City and community can implement and provides a statement of intent for priorities and policies,but the plan is not binding on the City Council or the community.Once the Council adopts the Climate Action Plan,the individual recommendations within the plan will be developed by staff and/or consultants and presented for the Council's consideration before they are implemented The Climate Action Plan program recommendations focus on reducing greenhouse gas emissions cost-effectively in the near term.In developing these recommendations,the Task Force was keenly aware of the challenges facing the City due to the economic downturn and consequent budget cuts and staff reductions that Burlingame and other cities are currently experiencing.For this reason,a phased approach is used for implementation.Phase 1:High- Impact GHG Reduction Programs for Implementation Prior to 2012 identifies the"low-hanging fruit"that provides significant emission reductions for Burlingame with low initial costs in the near term.This phase also provides the essential education and promotion component and involves several voluntary compliance measures. Phase 2:GHG Reduction Programs for Implementation 2012 to 2020 has been developed for implementation beyond 2012.Several of the Phase 2 recommendations involve mandatory requirements and capitalize on the voluntary compliance period of Phase 1 programs. Recommendations for Phase 2 were selected because they can provide increased greenhouse gas reductions,have an increased number of mandatory requirements and continue to focus on Burlingame's major emission sectors. Implementation Funding One of the major barriers to implementing climate action programs is the lack of available funds and staff resources.Currently,there are multiple grant and loan programs through federal,state and regional programs that can fund emission reduction programs. The City can benefit from the timely adoption of the Climate Action Plan by using the Plan as a component of a grant application. The City could use a combination of grant funds,a portion of current staff resources and leverage regional resources to begin reducing emissions in the near term. Using the example of the"Energy Efficiency and Conservation"grant,applications are estimated to be due in fall 2009 and once jurisdictions are awarded the grant funds,jurisdictions must complete all programs and payment of programs by April 30,2012.This timeline coordinates well with the Climate Action Plan's Phase 1 recommendations which are recommended for implementation prior to 2012. The commitment from City Council,City staff and the community will be essential to reduce GHG emissions and meet reduction targets. The Task Force recommends that the City continue to explore methods to incorporate climate protection programs into existing workloads and systems. The development of the"City Green Team"(composed of City department head staff)can begin to expand sustainable programs within the City and assist in the promotion and education of sustainable programs for the community. Additionally,the inclusion of annual V.Implementation,Funding and Next Steps Burlingame Clim-te action P!ar sustainable goals for city departments will assist with monitoring the progression of emission reductions. It is recommended that the promotion and education of sustainable programs be enhanced at city departments where feasible. It is also recommended that the `Sustainable Burlingame' website be expanded to include more comprehensive sustainable information, resources and tool for residents, commercial, schools and community groups. The City can realize cost savings from the implementation of energy and water efficiency programs at city facilities. The City could continue to implement these cost saving programs and potentially use these funds to fund additional sustainable projects in the City. An essential element of the Climate Action Plan is the dedication of a contracted part-time staff person or Sustainability Coordinator who can provide the critical implementation of programs, coordinate them with City staff, monitor greenhouse gas reduction progress, and promote them and educate the community about them. The funding of the Sustainability Coordinator could be funding through a grant program. The following table provides a summary of the Phase 1 recommendations that could be funded by the example of the Energy Efficiency and Conservation grant program. Phase 1 : Recommendations for Implementation Prior to 2012 and Grant Funding Potential GHG ReductionGHG • CEC RecReduction • • • Costs Tons I Year Funds Adopt Water-Efficient Landscape Ordinance as required 272 $4,000 by AB 1881 . © Adopt a Residential Energy Conservation Policy 1 ,315 $10,000 (voluntary) to provide professional residential energy efficiency and water efficiency audits for residents at reduced cost. Promote the Residential Energy and Water- Efficiency Checklist. © Research and Consider Solar and Energy-Efficiency 225 Costs TBD Financing Program for residents and commercial. (ABAG has regional ✓ program development underway). Adopt Green Building Ordinance for residential new 1 ,051 $12,000 ✓ construction/major remodel projects. ® Adopt Commercial Green Building Ordinance (after 394 $17,500 voluntary period of 12 to 18 months) to require major new commercial construction properties (greater than 10,000 Vol' square feet) and major remodels to meet a Leadership in Energy and Environmental Design (LEED) standards. - : V. Implementation, Funding and Next Steps GHG ReductionReduction • Grant Recommendation Costs Tons Year Develop Commercial Energy Efficiency Policy. Provide 1,016 $4,500 energy-efficiency technical assistance and Incentive/ Recognition Program. Encourage commercial businesses applying for new or renewal of businesses ✓ licenses to complete PG&E energy-efficiency audit. Expand Burlingame's participation in Bay Area Green Business Program. Establish policy that requires Transportation Demand 371 $6,000 Management(TDM) strategies for new development of large commercial properties that encourage shuttle use, X carpool, bicycle and transit. Provide TDM guidelines in permit packet for all new developments. Adopt policy to provide prioritized parking for hybrid, 164 Costs TBD by rideshare or alternative-fuel cars in city streets, garages, number of X lots. Modify policy as technology advances to increase prioritized accommodation of hybrids/alternative-fuel vehicles. spaces. Incorporate bicycle-friendly intersections in street design 87 Estimated and modifications. Ensure new developments provide costs TBD X safe/convenient travel by walking, bicycling or public transportation. mResearch methods to increase ridership and expand TBD Estimated shuttle service and partner with local groups to increase costs TBD X public transportation alternatives.. mUpgrade residential/commercial recycling service to: 3,164 No costs to a) "Single stream" recycling collection service for City, funded residential and commercial by garbage b) Weekly collection of single stream recycling for ratepayers. ✓ residential c) Weekly collection of organics/food collection for residential ® Adopt Commercial Recycling Ordinance that requires 793 $3,500 businesses to divert recyclables, organics, cardboard, ✓ paper. ® Encourage development of community group ("Burlingame Dependent on No costs to ✓ Green") to expand promotion and education of climate campaigns City action programs. selected m Dedicate part-time (.50) FTE Sustainability Coordinator. Dependent on $89,000 ✓ actions implemented ® Develop "City Green Team" (City departments to 349 $12,000 ✓ implement sustainable practices). TOTAL 9,201 tons $158,500 V. Implementation, Funding and Next Steps Ei;rl ,,Name Climate Action F The following table provides a summary of the Phase 2 recommendations that could also be funded by the example of the Energy Efficiency and Conservation grant program. These programs are recommended for implementation 2012 to 2020 but the City could choose to select one or several of the recommendations to be funded by the Energy Efficiency and Conservation Grant. Phase 2: Recommendations for Implementation 2012 to 2020 and Grant Funding Potential Estimated CEC Reduction Grant Recommendation Tons Year Initial Costs Funds Identify and implement methods to expand solar and 380 $7,900 renewable energy generation for residential and commercial. Streamline the permit process for solar and other renewable energy and provide a Renewable Energy Incentive Program. © Adopt Commercial Energy Conservation Policy (voluntary) 305 $3,400 to encourage inclusion of"Energy and Water Efficiency r/ Checklist" for commercial properties sold to comply with minimum energy efficiency and water conservation. © Adopt a mandatory Commercial Energy Conservation 652 $30,600 Ordinance (after 12 to 18 months of voluntary education and promotion)to require compliance with minimum energy efficiency and water conservation standards in the 'Energy and Water Efficiency Checklist' for commercial properties sold or with "transfer of title. Adopt mandatory Residential Energy Conservation 1,879 $38,100 Ordinance (after 12 to 18 months of voluntary education and promotion) to require compliance with minimum t/ energy efficiency and water conservation standards in the Energy and Water Efficiency Checklist for residential properties sold or with "transfer of title". © Research methods to expand and enhance shuttle, public 96 $8,500 transportation services to increase shuttle ridership and X public transportation alternatives Encourage development that is mixed use, infill and higher TBD TBD X density Evaluate the current Construction and Demolition (C&D) TBD $4,500 Ordinance and consider an increase to the current ✓ required diversion rate. Require recycling at major public events in Burlingame (of 377 $2,500 r/ cardboard, paper, containers and food/organics). Adopt a policy to achieve city-wide diversion rate of 75% TBD $4,500 ✓ measured diversion by 2015 V. Implementation, Funding and Next Steps Recommendation Reduction Initial Costs Grant Tons/Year Funds m Adopt a Civic Green Building Policy that requires 94 $17,000 "Leadership in Energy and Environmental Design" (LEED) ✓ green building standard for new municipal construction and major remodels m Consider establishing a Sustainable Commission Cannot be Cannot be quantified at quantified at X this time this time ® Complete a feasibility study to install solar or other Cannot be $10,000 renewable energy at select City Facilities (e.g., waste quantified at ✓ water treatment plant) and install where feasible. this time ® Adopt Sustainable Purchasing Policy w/two mandatory Cannot be $2,500 requirements: City fleet purchases must require hybrid or quantified at alternative fueled vehicles (with some exceptions), and, this time ✓ require a minimum 30% recycled content materials for paper products purchases m Dedicate Sustainability Coordinator Cannot be $89,000 quantified at ✓ this time TOTAL 3,783 tons $218,500 Next Steps With this timeline of grant funding in mind, the following are the recommended next steps: 1. City Council adopts the Burlingame Climate Action Plan. 2. Staff or consultants could write grant applications for funding (e.g. the "Energy Efficiency and Conservation" grant application) and uses the Climate Action Plan Phase 1 as a component of the grant applications. The California Energy Commission stated that the grant applications would likely be due in late summer or fall 2009. 3. Staff and or a Sustainability Coordinator could be secured to coordinate program implementation process using the Climate Action Plan as the guiding framework. 4. Staff and or the Sustainability Coordinator should ensure that the City Council and City Manager receive timely Climate Action Plan progress reports. These progress reports can be posted on the City Web site to educate the community on Burlingame's progress. Staff and or the Sustainability Coordinator should complete the necessary grant reports due in 2012 as well as seek additional grant opportunities. It is recommended that the City complete a Community Greenhouse Gas Inventory in 2010 and every two years thereafter to monitor progress toward the 2020 emissions reduction target. Interim GHG reduction targets are recommended for use as internal mechanisms to track progress toward the 2020 goal. V. Implementation, Funding and Next Steps The interim targets are as follows: Table 8: Interim GHG Reduction Targets Percentage Target Emission Emissions Reduction from (Metric Base Year Tons • 2005 Base Year --- 336,944 2012 Target Year 7% 313,358 2015 Target Year 12% 296,511 2020 Target Year 15% 286,402 In 2012 the City should assess the ability to fund the Sustainability Coordinator using grant funds or as a city-funded position. The City should also evaluate the success of Phase 1 programs, consider expanding or modifying Phase 1 programs, and discuss implementation of Phase 2 programs. Once program implementation begins, an essential component is monitoring the effectiveness of the implemented programs. It is recommended that program effectiveness be reassessed every two to three years. It is also recommended that the approved Climate Action Plan program and policies are included Burlingame's General Plan updates. The approved Climate Action Plan policies should be made consistent in the associated elements of the General Plan. It has become clear from recent reports from the International Panel on Climate Change (IPCC) that climate change is occurring now and that the current goal is to first slow and then reverse emissions to avert the more catastrophic threats in the future. It is recommended that the City of Burlingame prepare itself for the increasing challenges that climate change will inevitably bring that include shrinking water supplies, rising temperatures, rising Bay levels and increased public health issues for the elderly and young. It is recommended that the City participate in regional efforts for climate change adaptation. Additionally, the City should include climate change mitigation and adaptation measures and policies in the General Plan updates. Involvement and support from the Burlingame Council, staff and community will be essential for the success of the GHG reduction programs. The City cannot complete all the work that will be needed to educate, promote and implement the climate protection programs. For this reason, it is recommended that the City encourage a volunteer community group similar to the sustainable community organizations that have begun in Menlo Park, Redwood City and Los Altos Hills. These community groups can complete education and promotion campaigns using the successful models and resources developed by these communities at no cost to the City. It is recommended that the City's Web site be updated periodically to show the progress of the Climate Action Plan program implementation and progress toward the 2020 target. Burlingame's Climate Action Plan programs should be reviewed and revised every two or three years as new technologies emerge and additional opportunities arise and as new regional, state and federal policies evolve. V. Implementation, Funding and Next Steps -- -creme CIima[e,- VI. Adaptation to Climate Change As discussed in the introduction,the impacts of climate change in Burlingame include sea level rise,increased risk of wildfires,and drought due to reduced snow pack in the Sierra Nevada Mountains,an increase in unpredictable weather,negative impacts on wildlife and a deterioration of public health.Between 1900 and 2000,the San Francisco Bay rose seven inches.The California Climate Action Team found that the San Francisco Bay could rise an additional five inches to three feet by the end of this century. It is recommended that the City of Burlingame prepare itself internally for climate change resiliency. Local governments are on the front Climate change adaptation has become a priority at line,both in dealing with the impacts, the state level through Executive Order S-13-08, of climate change and in reducing signed by the Governor in November2008.The emissions.The Ahwahnee Principles mandate initiates the development of a California for Climate Principles princi(wwwples at o re build on previous principles authored Climate Adaptation Strategy(CAS)to be completed in by the Local Government Commission 2009.The CAS will identify climate change and provide specific guidelines for vulnerabilities resulting from sea level rise,increased local governments to follow in temperatures,shifting precipitation and extreme addressing this urgent and often weather events,and will recommend methods and overwhelming challenge. policies to adapt to these changes.The Order also Source:Local Government Commission directs state agencies to analyze existing and planned infrastructure projects that could be at risk to sea level rise. Climate change adaptation strategies may be necessary as the climate changes and sea levels rise.Adaptation measures are important in order to allow the Burlingame community to proactively prepare for potential effects of climate change to come.It has become clear that regardless of the efforts to reduce greenhouse gas emissions,not all the effects of climate change can be prevented or reversed.The challenge will be to reduce the effects to the lowest level possible and enable Burlingame to remain healthy and prosperous. To address these impacts,the following adaptation strategies are recommended: 1. Prepare for sea level rise by cooperating with the San Francisco Bay Conservation and Development Commission(BCDC)and other regional agencies preparing for sea level rise,coastal erosion and peak storm events.Incorporate climate change threats in the City's existing Emergency Incident Plan and Emergency Operations Center(EOC) training for City staff. 2. Evaluate the potential climate change impacts of items being considered by the Planning Commission and City Council.Identify and reassess regional climate change vulnerabilities on a regular basis and work with neighboring cities,counties and regional agencies to establish more uniform approaches to addressing climate change. Climate change is a serious threat to the Burlingame community with potential economic and social ramifications that could result in fiscal impacts to the City.Consistency with state goals regarding emission reductions could potentially open sources of funding that the City could use to expand or maintain climate programs. VI.Adaptation to Climate Change Et;Tlingame Climate F,: ,n,,: PI-,,, Appendix A : U .S . Mayors Climate Protection Agreement RESOLUTION NO. 63-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ENDORSING THE U.S. MAYORS CLIMATE PROTECTION,AGREEMENT RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community's most respected assemblage of scientists, has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, reel]-documented impacts of climate disruption include average global sea level increases of four to eight inches during the 20th century; a 40 percent decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world's population, is responsible for producing approximately 25 percent of the world's global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and Appendix A: U.S. Mayors Climate Protection Agreement WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS,many cities throughout the nation,both large and small, are reducing global warniing pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements,reduced traffic congestion,improved transportation choices, and economic development and job creation through energy conservation and new energy teclulologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73'Annual U.S. Conference of Mayors meeting,reads: The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the United States' dependence on fossil fuels and accelerate the development of clean,economical energy resources and fuel-efficient technologies such as conservation,methane recovery for energy generation,waste to energy, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that includes 1)clear timetables and emissions limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in City operations and in the community,set reduction targets and create an action plan. 2. Adopt and enforce land-use policies that reduce sprawl,preserve open space, and create compact, Nvalkable urban communities; 3. Promote transportation options such as bicycle trails,commute trip reduction programs, incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy by, for example, investing in"green tags", advocating for the development of renewable energy resources,recovering landfill methane for energy production,and supporting the use of waste to energy teclvlology; Appendix A: U.S. Mayors Climate Protection Agreement Burfingan,e 121 --fe- e 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for City use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in Neater and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban forests;promote tree planting to increase shading and to absorb CO2; and 12. Help educate the public, schools, other jurisdictions,professional associations,business and industry about reducing global warning pollution. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the City Council of the City of Burlingame endorses the U.S. Mayors Climate Protection Agreement as amended by the 73rd annual U.S. Conference of Mayors meeting and urges councils and mayors from around the nation to join this effort. 2. The City of Burlingame will work in conjunction with ICLEI Local Governments for Sustainability and other appropriate organizations to track progress and implementation of the U.S. Mayors Climate Protection Agreement as amended by the. 73" annual U.S. Conference of Mayors meeting. 3. The City of Burlingame will work as both an organization and a community to seek ways to contribute to this progress. � MAYO 1;MARY ELLEN KEARNEY,Deputy 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 _ Appendix A: U.S. Mayors Climate Protection Agreement Burlingame Climate action Pian 20th day of August 2007,and was adopted thereafter by the followi11g tote: AYES: COUNCILMEMBERS: RAYLOCE, COHEN, EEIGHRAN,.NAGEL, OINAHONY NOES: COUNCILTN EMBERS: NONE ABSENT: COUNCILMEMBERS: NONE f CITY CLERK Appendix A: U.S. Mayors Climate Protection Agreement Burlingame Chr-,-afe Appendix B: GHG Inventory Technical Analysis Appendix B: GHG Inventory Technical Analysis provides additional analyses of the sources of Burlingame's greenhouse gas emissions. This analysis was used in developing the recommended emissions reduction measures. Emissions Source Analysis Energy Sources As illustrated in Figure 10, the burning of gasoline and diesel resulted in 60.3% of emission followed by natural gas and electricity, which accounted for 19.4% and 16.8% of emissions, respectively. Methane and CO2 generated from organic matter landfilled in the base year constituted 3.5% of emissions. Figure 10: 2005 GHG Emissions by Fuel Type ORGANIC NATURAL GAS MATTERResidential Waste 4 "a z 9,7% 3.510 NATURAL GAS Commercial 9.7% ELECTRICITY Residential 4.4% GASOLINE . Transportation ,. ELECTRICITY 55.3% ` Commercial 1 12.4% ii DIESEL i Transportation Transportation Sector As with other San Francisco Bay Area cities, travel by motorized vehicle measured by vehicle miles traveled (VMT) are a significant percentage of emissions. A total of 60.3% of total emissions were a result of transportation within Burlingame's borders. Roughly 30% of the emissions in the transportation sector came from travel on city roads. Because Burlingame has two heavily traveled State Highways (101 and 82) that fall within its borders, more than 70 percent of the emissions in the transportation sector are a result of highway travel. Not included Appendix B: GHG Inventory Technical Analysis i i Burlingame Climate Action Plan in the data for this sector were emissions related air and rail travel and fuels other than gasoline or diesel. Table 9: GHG Emissions by Road Type Metric Tonnes Percent of Total City Vehicle Miles Traveled60 60,935 18.1% Highway Vehicle Miles Traveled61 142,279 42.2% Total 203,213 60.3% Residential and Commercial Sectors The following table indicates the emissions associated with fuel and electricity used in buildings in the residential and commercial sectors. Emissions from all commercial buildings account for approximately 61% of emissions from the City's built environment. The commercial sector includes the fuel and electricity use in non-residential buildings, including government and institutional activity (e.g., schools and hospitals) as well as commercial and personal services (retail, finance, business services, etc.) Normally, commercial manufacturing and industrial production are treated as separate emission sources but has been combined for the purposes of this report, given the aggregating of data by PG&E and the relatively small amount of industrial activity in Burlingame. "Direct access" emissions refers to emissions associated with the use of electricity purchased directly from competitive energy suppliers. Emissions factors for PG&E electricity, direct access electricity and natural gas were provided by the California Climate Action Registry and PG&E, though exact emission factors were not available for electricity purchased through direct access. The grid-average emission factor for California and Nevada was used to estimate emissions from direct access customers. Not included in the inventory were fuel sources not delivered by PG&E (e.g., wood, charcoal, propane, kerosene). Similarly, PFCs, HFCs and SF6 were not included as they are prohibitively difficult to obtain for the community as a whole. 60 Data sources included 2005 Vehicle Miles Traveled (VMT) data by the City and County from the Metropolitan Transportation Commission, based on the Highway Performance Monitoring System (HPMS). 61 Sections of state highways were visually examined on a map to identify the jurisdictions they pass through.A portion of the total daily vehicle miles traveled for each road segment was allocated to Burlingame and the other cities and counties through which the section traverses. Appendix B: GHG Inventory Technical Analysis Burl'noarie Climate Actior p�ar Table 10: GHG Emissions from the Built Environment Sub-sector Metric Tonnes Percent of Total 0 . Residential 47,523 14.1% Commercial 64,007 19% Direct AccesssZ 6,913 2.1% City Government 1,558 0.5% County Government 484 0.1% District 1,504 0.4% Total 121,989 36.2% Waste Sector The emissions from waste generated by Burlingame residents and businesses that was landfilled in other locations in 2005 emitted 11,742 metric tons of CO2e, accounting for 3.5% of the City's total emissions. Waste characterization studies by the California Integrated Waste Management Board were used to allocate shares of waste types to the total organic waste tonnage in Burlingame's waste stream. Emissions factors were applied to the waste types to determine total emissions from the sector. The analyzed data did not include potentially significant emissions from the closed Burlingame landfill area, the data for which is currently being acquired and will be included in the government greenhouse gas inventory. Per Capita Emissions Per capita emissions can be a useful metric for measuring progress in reducing greenhouse gases and for comparing one community's emissions with neighboring cities and against regional and national averages. Currently it is difficult to make meaningful comparisons between cities because of variation in the scope of inventories conducted, but a universal reporting standard will be developed and adopted through a process being driven by ICLEI, making this possible. Dividing the total greenhouse gas emissions by Burlingame's estimated (U.S. Census Bureau) 2005 population yields a result of 11.9 metric tons CO2e per capita per year. It is important to understand that this number is not the same as the carbon footprint of the average individual living in Burlingame, which takes into consideration, for example, lifecycle emissions from products (e.g., food) and services consumed within Burlingame. Similarly, the per capita emissions number for Burlingame is not directly comparable to every per capita number produced by other emissions studies because of differences in emission inventory methods. 62 Estimations of electricity purchased through Direct Access contracts at the county level were based on data provided by the California Energy Commission. Appendix B: GHG Inventory Technical Analysis Base Year Providing for a meaningful and consistent comparison of emissions over time required setting a base year with which to compare current and future emissions.1990 is the base year established and utilized by the United Nations Framework Convention on Climate Change,the Kyoto Protocol and AB 32.AB 32 sets the goal of reducing emissions to 1990 levels by 2020 and to 80%below 1990 levels by 2050.However,emissions data from 1990 is often prohibitively difficult or impossible to collect.Rather than using the unreliable method of"back- casting"to calculate 1990 emissions levels,calendar year 2005 was chosen as the base year for Burlingame's inventory as it is reasonable to expect that accurate records of key emission sources exist for that year in sufficient detail to conduct an accurate inventory.Using 2005 as a base year is also consistent with the base years being used by other Bay Area cities in their greenhouse gas inventories.A base year several years in the past,rather than the most recent year does though enable accounting of emissions benefits of any recent sustainability actions. Emissions Sources and Inventory Methodology The community-wide analysis comprises emissions resulting from within the geographic boundaries of the community.These emissions come from residential,commercial and industrial as well as transportation and waste management sources(also referred to as sectors).The inventory methodology broadly categorizes these sources as either stationary or mobile sources.It also categorizes the sources according to"scope,"which generally reflects where the emissions are generated.These scopes are defined below. 4 Scope 1 emission sources within the context of community-scale emissions analyses include all direct emissions generated within the community boundaries(e.g.,vehicle emissions) Scope 2 emission sources within the context of community-scale emissions analyses include all emissions generated outside the community's geographic boundaries but generated due to activity occurring inside the boundaries(e.g.,emissions from power plants associated with electricity consumption within the City's boundaries). The inventory includes emissions from government activities to the extent that these emissions are contained in the larger community-wide data sets that were analyzed for the community inventory.These government emissions are rolled into the"commercial"sector.At the time of this writing,a separate,more detailed inventory of government operation emissions is being performed and will be reported on in a later version of the Climate Action Plan.As the government emissions will likely account for only 1-2%of total community emissions(excluding potential methane emissions from the closed Burlingame landfill),the current inventory will still provide a reasonable approximation of Burlingame's total community emissions until the government inventory is completed by ICLEI-Local Governments for Sustainability. Creating the inventory required the collection of data from a variety of entities.Community electricity and natural gas data was provided by Pacific Gas and Electric Company(PG&E).The Metropolitan Transportation Commission and Bay Area Air Quality Management District (BAAQMD)were sources of transportation data from which fuel usage was derived.Solid waste data was provided by the California Integrated Waste Management Board and Republic Services,Inc.(Allied Waste). Appendix B:GHG Inventory Technical Analysis Efforts were made to include all possible emission sources in the community-scale inventories. However, emission sources that met the following criteria were generally excluded: 4 Small and unimportant–"De minimis" sources that, when combined, totaled less than 5% of the total of the emissions from the community. 4 Prohibitively difficult to track with accuracy– Including off-highway construction equipment, non-combustion industrial emission sources and fuel not delivered by PG&E (e.g., wood, charcoal, propane, kerosene). O Largely located outside the jurisdiction's boundaries– Sources such as intercity transportation fuel usage for air and rail travel. If Burlingame's industrial sector had been characterized by emissions from very large energy intensive industrial facilities (paper and steel mills, industrial chemical plants, petrochemical plants and refineries, metal smelters or large cement making operations) these emissions would be represented within the context of the community-scale emissions inventory results in an appropriate fashion—with the understanding that (1) their emissions may be well documented in other inventory programs, (2) the purpose of the analysis is to account for the emissions the jurisdiction actually has the ability to influence, and (3) their inclusion could skew the results to the point of prohibiting the facilitation of intercity comparisons. CACP Software and Emission Factors ICLEI's Clean Air and Climate Protection (CACP) software package was used to calculate emissions resulting from energy consumption and waste generation. The CACP software determines emissions using specific factors (or coefficients) according to the type of fuel used. Greenhouse gas emissions are aggregated and reported in terms of equivalent carbon dioxide units, or CO2e. Converting all emissions to equivalent carbon dioxide units allows for the consideration of different greenhouse gases in comparable terms. For example, methane is 21 times more powerful than carbon dioxide on a per weight basis in its capacity to trap heat, so the CACP software converts one metric ton of methane emissions to 21 metric tons of carbon dioxide equivalents. The emissions coefficients and quantification method employed by the CACP software are consistent with national and international inventory standards established by the Intergovernmental Panel on Climate Change (1996 Revised IPCC Guidelines for the Preparation of National Inventories) and the U.S. Voluntary Greenhouse Gas Reporting Guidelines (EIA form1605). At the time of this writing, the CACP software has been used by more than 160 U.S. cities and towns to inventory their greenhouse gas emissions. However, it is worth noting that, although the software provides Burlingame with a sophisticated and useful tool, calculating emissions from energy use with precision is difficult. The model depends upon numerous assumptions, and it is limited by the quantity and quality of available data. With this in mind, it is useful to think of any specific number generated by the model as an approximation of reality, rather than an exact value. MAppendix F_: GHG Inventory Technical Analysis Appendix C : Assumptions ICLEI provides a software tool, Climate and Air Pollution Planning Assistant (CAPPA), which quantifies emission reductions63 resulting from recommended programs. These GHG reduction estimates are based on the reported collective experience of U.S. jurisdictions and are data specific to Burlingame. Estimates of the initial costs to the City are based on current research and staff implementation experience. Estimates are based on first-year costs (nonamortized) for staff time, services and materials. Additional Data Sources: City of Burlingame, 2009-2014 Housing Element Update, Indicators Report, Sustainable San Mateo County, ICLEI-Cities for Climate Protection Appendices for GHG emission reductions, California Integrated Waste Management Solid Waste Data for Burlingame, MIS Reports Solid Waste and Recycling 2008 Reports, PG&E 2008-2009 Data, Bay Area Air Quality Management District, California Energy Commission, Association of Bay Area Governments, California Public Utilities Commission, Joint Venture Silicon Valley-Climate Protection Task Force, C/CAG Energy Strategy 2012, Leadership in Energy and Environmental Design (LEED),United States Green Building Council Assumptions for Phase 1 : Recommendations for Implementation Prior to 2012 GHG Reduction GHG Reduction and Cost Estimate Assumptions Recommendation Adopt Water Efficient Landscape Assumes 15% water savings, Burlingame usage of 205 Ordinance as required by AB 1881 . gallons per household per day, and 2.29 persons in each household. Costs: $4,000. Costs that include staff time to develop final ordinance and required compliance documentation are not included in this estimate since the State of California requires the ordinance. These are estimated costs of $4,000 for staff time to consider more stringent requirements. © Adopt a Residential Energy 250 homes participate. 30% energy savings from audit. No Conservation Policy (voluntary) to quantification of water savings. If included could be additional provide professional residential GHG reductions reduction: 1 ,268 tons from audits + 47 tons energy-efficiency and water-efficiency from checklist audits for residents at reduced cost. Costs: $10,000 subsidy for audits, Sustainability Coordinator Promote the Residential Energy and to promote and educate, expand resources and City Web site Water Efficiency Checklist. expansion, coordinate selection of home energy auditors, Checklist resources on City Web site. $150 cost for energy audit x 250 homes = $37,500.Assume 25% subsidy =$9,375. 63 Burlingame data: 12,900 households, 2.23 persons per household. 12,858 housing units in Burlingame (6,111 single family homes, 409 single family attached, 983 MFD 2-4 units, 5,355 MFD 5+units, Source: City of Burlingame Web site. Appendix C: Assumptions GHG Reduction Recornmendaflon Research and consider Solar and 100 loans for energy efficiency and solar installations per year Energy Efficiency Financing Program once program established. for residents and commercial. Costs: TBD-estimated costs for this program cannot be estimated at this time due to the fact that the Solar and Energy Efficiency (SEE) District program development is currently under development. Once the program has been outlined by ABAG, staff time from the Finance Department will be necessary to consider participation in the regional program. Adopt Green Building Ordinance for 400,000 sq ft covered under new ordinance residential new construction/major Costs: $12,000 to develop ordinance, use of regional remodel projects. program, Build It Green (BIG) membership and leverage of resources already developed from other cities and BIG. Additional costs for workshop and expansion of Web site to include new requirements. 80 hours to evaluate ordinance and requirements (80 hrs x$100 = $8,000) plus additional staff time to modify Web site, train staff, and develop documents. Additional time for permit plan check to be included in permit application fees, similar to neighboring jurisdictions. © Adopt Commercial Green Building Assumes 150,000 sq ft(10 projects x 15,000 sq ft),of new Ordinance (after voluntary period of commercial or major remodels. Voluntary program assumes 12 to 18 months) to require major new 25% of new commercial projects will include green building commercial construction properties measures (98 tons). (greater than 10,000 square feet) and major remodels to meet Leadership in Costs: The estimated cost is $17,500. The voluntary phase Energy and Environmental Design would include staff time for the development of the (LEED) standard. Commercial Green Building Policy and include staff time for adding LEED resources, checklists to Web site and for permit documents estimated at$2,000. (20 x $100). The ordinance would include costs for staff training, estimate for LEED Accredited Professional (LEED AP) $6,000 ($3,000 x 2 staff). Staff time for development of new commercial green building ordinance estimated to be approximately $7,500 (75 x$100). Costs for staff time for plan check would be estimated at$200 per plan check and could be absorbed by application fees. $200x 10 plans= $2,000. Develop Commercial Energy A. Assumes approximately 155 businesses per year Efficiency Policy: provide energy- complete commercial energy audit. efficiency technical assistance, B. Assumes100 businesses participate per year in Green Incentive/Recognition Program. Business Program Encourage commercial businesses applying for new/renewal of Costs: $4,500 for new materials to promote and expand businesses licenses to complete commercial outreach program and highlight resources, PG&E energy-efficiency audit. promote green business program, and provide recognition. Expand Burlingame's participation Promotion and education materials to be developed for the in Bay Area Green Business Commercial Energy Program, Recognition Program, business Program. license renewable program and the Bay Area Green Business Program. Appendix C: i-kssumptiort • • • ! Estimate GHG Reduction Recommendation Policy that requires Transportation Assumes 150 additional persons use alternative method other Demand Management(TDM) than single-occupancy vehicle/year strategies for new development of Costs: $6,000 (60 hours x$100). Estimated costs for staff large commercial properties that time for policy development, developing and coordinating encourage shuttle use, carpool, guidelines and incorporation into requirements. bicycle and transit. Provide TDM guidelines in permit packet for all new developments. Adopt policy to provide prioritized Assumes 50 new hybrids purchased/year and12,000 less parking for hybrid, rideshare or VMT per year per vehicle alternative-fuel cars in city streets, Costs: TBD, require estimated number of designated spaces garages, lots. Modify policy as for green parking. TBD: cost for policy development technology advances to increase (Sustainability Coordinator), staff time for Public Works and accommodation of hybrids/ alternatively fueled vehicles. parking enforcement. Incorporate bicycle friendly Assumes reduction of 300 trips from single-occupancy cars intersections in street design and and 10 mile round trip. modifications. Ensure new developments provide safe/convenient Costs: Estimated costs are to be determined and include travel by walking, bicycling or public time for staff to incorporate these requirements. Additional transportation. costs could be added for staff to write grants to MTC for grant funds for bicycle, pedestrian-oriented improvements. m, Research methods to increase GHG to be determined based on modifications and ridership ridership and expand shuttle service increase and partner with local groups to increase public transportation Costs: Estimated costs cannot be determined. It is assumed alternatives that the City costs would not increase in Phase 1. mUpgrade residential/commercial Assumes increased organics collection = 618 new organic recycling service to: tons, and increased single stream collection = 823 new tons. a) "Single stream" recycling Population =29,000. 1,441 new tons per year(pounds per collection service for residential person per month). 99.37 pounds per person per year and commercial additional diversion of 8 pounds per person per month/2 b) Weekly collection of single pounds per week.2,898 from single stream. 266 from stream recycling for residential food/organics collection. Very conservative estimate based on c) Weekly collection of CAPPA data,emission reductions could be significantly more organics/food collection for Costs: no costs to City, garbage and recycling services are residential paid by ratepayers. MAdopt Commercial Recycling 150 businesses increase recycling by 125 pounds per month Ordinance that requires businesses to or 1,500 pounds per year divert recyclables organics, cardboard, paper. Costs: $3,500 Finance staff(35 hours x$100) and Sustainability Coordinator staff time to coordinate ordinance and reports ® Encourage development of community Emission reductions based on campaigns selected group ("Burlingame Green")to expand Costs: No cost to City. promotion and education of climate action programs. Appendix C: Assumptions Burlingame Climate Action Plan GHG Reduction GHG Reduction .t . Recommendation m Dedicate part-time (.50 FTE) 20 hours per week; 1039 hours per year @ $85/hr, $88,315 Sustainability Coordinator. Costs: The costs are for this contracted position and are estimated to cost$89,000 ® Develop"City Green Team" (Public 20,000 sq ft with energy-efficiency upgrades average 30% Works staff, other) to prioritize and increase in energy efficiency. implement energy-efficiency/water- efficiency upgrades for city facilities. Costs: Public Works staff time: $12,000 12 hours per month x $100 TOTAL $158,500 Assumptions for Phase 2: Recommendations for Implementation 2012 to 2020 GHG Reduction Estimated Initial Costs Recommendation Identify and implement methods to Assumes 80 new Kwh, 36 residents @ 5kw= expand solar and renewable energy 180 kw, 20 businesses @10 kw= 200 Kwh generation for residential and Cost: $7,900 commercial. Streamline the permit (Staff time for 1 day training $75 x 8 = $600, Training costs process for solar and other renewable $300, Staff time to streamline permit process 20 x $100 = energy and provide a Renewable $2000, Staff time to evaluate and change regulations for wind Energy Incentive Program. 50 x$100 = $5000) © Adopt Commercial Energy Assumes voluntary participation from an estimated 100 Conservation Policy (voluntary) to businesses. encourage inclusion of Energy and Costs $3,400 12 hours for checklist, 15 hours for promotion, Water Efficiency Checklist for 12 for policy development commercial properties sold to comply with minimum energy efficiency and water conservation. © Adopt a mandatory Commercial Assumes 248,000 sq ft meet LEED requirements under new Energy Conservation Ordinance (after ordinance 12 to 18 months of voluntary Costs: $30,600 (Staff time to modify CECO model ordinance education and promotion) to require used in other cities), 75 x $100 = $7,500 compliance with minimum energy- Guidelines, Checklist, Web site development efficiency and water-conservation 60 x $85 = $5,100, Coordinate certification process standards in Energy and Water 150 x$100 = $15,000, Ensure compliance 50 x$85 = $4,250 Efficiency Checklist for commercial Staff training $3,000 properties sold or when title is transferred. . . Appendix C: Assumptions GHG Reduction Estimated Initial Costs Recommendation Adopt mandatory Residential Energy Assumes 100 homes sold per year, conservative estimate Conservation Ordinance (after 12 to due to 183 homes sold per year per Housing Element, 25% 18 months of voluntary education and energy efficiency promotion) to require compliance with Costs: $38,100 (Staff time to modify RECO model ordinance minimum energy-efficiency and water- used in other cities, 100 x $100=$10,000, Guidelines, conservation standards in Energy and Checklist, Web site development, 60 x$85 = $5,100 Water Efficiency Checklist for Coordinate certification process, 200 x$100 = $20,000 residential properties sold or when title Staff training $3,000 is transferred. © Research methods to expand and Assumes 50 new passengers per day and an average enhance shuttle and public 9.8 mile average trip transportation services to increase shuttle ridership and public Cost: $8,500 Includes staff time for promotion and education, transportation alternatives coordination with regional public transportation organizations Encourage development that is mixed Estimated GHG reductions TBD use, infill and higher density Costs: Estimated costs to be determined Evaluate the current Construction and Estimated GHG reductions TBD Demolition (C&D) Ordinance and consider an increase to the current Costs: $4,500 (Costs for report review 20 x$50 = $1000 required diversion rate. Ordinance modifications 25 x $100 = $2,500 Promotion/education $1,000 Require recycling at major public Estimated GHG reductions are 377 tons for public event solid events in Burlingame (of cardboard, waste reduction paper, containers and food/organics). Costs: $2,500 Includes cost of staff training and additional staff time to inform and monitor this program Adopt a policy to achieve citywide Estimated GHG reductions TBD diversion rate of 75% measured diversion by 2015 Costs: $4,500 Includes staff time for policy development(use of neighboring jurisdiction policies reduces staff time) and coordination with recycling and solid waste provider mAdopt a Civic Green Building Policy Assumes 5,000 sq foot building of municipal buildings/, 30% that requires "Leadership in Energy energy efficiency in comparison to conventional construction and Environmental Design" (LEED) green building standard for new Costs: $17,000, Policy 40 x$100 = $4,000, Training $3,000 municipal construction and major Compliance, registration, project coordination, $10,000 remodels Cost for policy development Cost for staff training/accreditation LEED Accredited Professional (LEED AP) mConsider establishing Sustainable Estimated GHG reductions TBD Commission Costs: TBD ® Complete a feasibility study to install Estimated GHG reductions TBD solar or other renewable energy at select City Facilities (e.g., wastewater Costs: $10,000 for feasibility study to be completed by staff treatment plant) and install where and/or contracted staff feasible. Appendix C: Assumptions Burlingame Climate Action Pear GHG Reduction Recommendation ® Adopt Sustainable Purchasing Policy Estimated GHG reductions TBD w/two mandatory requirements: City fleet purchases must require hybrid or Costs: $2,500 for staff time to modify the current policy, alternative-fuel vehicles (with some provide additional education materials exceptions) and paper product purchases must have a minimum of 30% recycled content mRetain Sustainability Coordinator Estimated GHG reductions TBD Costs: 20 hours per week/1039 hours per year at$85/hr= $88,315 The cost for this contracted position is estimated at$89,000 TOTAL $218,500 . : Appendix C: Assumptions Burlingame Ciima e - Glossary of Terms64 Adaptation —Adjustment in natural or human systems to a new or changing environment. Adaptation to climate change refers to adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. Various types of adaptation can be distinguished, including anticipatory and reactive adaptation, private and public adaptation, and autonomous and planned adaptation.65 Anthropogenic— Made by people or resulting from human activities. Usually used in the context of emissions that are produced as a result of human activities.66 Base Year—An emissions analysis year for which comprehensive and reliable data can be obtained. It is better to select a more recent base year for which a lot of information can be obtained easily than to spend weeks trying to track down data that may not exist or be incomplete. California Air Resources Board (ARB) —The ARB is the state agency tasked with implementing AB 32, The California Global Warming Solutions Act of 2006, and achieving the mandated emission reduction goals. California Climate Action Registry (CCAR) —A private nonprofit organization originally formed by the State of California. The California Registry serves as a voluntary greenhouse gas (GHG) registry to protect and promote early actions to reduce emissions by organizations. The California Registry provides leadership on climate change by developing and promoting credible, accurate and consistent GHG reporting standards and tools for organizations to measure, monitor, third-party verify and reduce their emissions consistently across industry sectors and geographical borders. Carbon Dioxide— Carbon dioxide, abbreviated CO2, is essential to living systems and released by animal respiration, decay of organic matter and fossil fuel burning. It is removed from the atmosphere by photosynthesis in green plants. The amount of CO2 in the atmosphere has increased by at least 25% since the burning of coal and oil began on a large scale. Atmospheric carbon dioxide varies by a small amount with the seasons, and the ocean contains many times the amount of the gas that exists in the atmosphere. Carbon Dioxide Concentration —The atmospheric carbon dioxide concentration, at 353 parts per million on a volume basis (ppmv) in 1990, is now about 25% greater than the pre-industrial (1750-1800) value of about 280 ppmv, and higher than at any time in at least the last 160,000 years. Carbon dioxide is currently rising at about 1.8 ppmv (0.5%) per year due to human- caused emissions and currently accounts for approximately 84% of U.S. greenhouse gas emissions. Climate Change— Climate change refers to any significant change in measures of climate (such as temperature, precipitation or wind) lasting for an extended period (decades or longer). Climate change may result from: 64 Unless otherwise noted, definitions of glossary terms were obtained from ICLEI's"Cities for Climate Protection Milestone Guide" 65 IPCC"Third Assessment Report Working Group III: Mitigation" 66 NASA's Earth Observatory library Glossary of Terms . . Natural factors,such as changes in the sun's intensity or slow changes in the Earth's orbit around the sun; 4 Natural processes within the climate system(e.g.,changes in ocean circulation); 4 Human activities that change the atmosphere's composition(e.g.,through burning fossil fuels and the land surface(e.g.,deforestation,reforestation,urbanization,desertification, etc.) Criteria Air Pollutants(CAPs)—The term criteria air pollutants refers to pollutants that are regulated under the U.S.Clean Air Act.As with carbon dioxide,the major sources of these pollutants are fossil fuels.Most measures that reduce carbon dioxide emissions also reduce criteria air pollutants.Criteria air pollutants include nitrogen oxides(NOx),volatile organic compounds(VOCs),carbon monoxide(CO),sulfur oxides(SOx)and particulate matter smaller than ten microns in diameter(PM-10).ICLEI's CACP software provides estimated emissions of CAPs as well as GHGs for emissions analyses and reduction benefits of measures. Emissions Factor—A unique value for scaling emissions to activity data in terms of a standard rate of emissions per unit of activity(e.g.,grams of carbon dioxide emitted per barrel of fossil fuel consumed).68 Equivalent Carbon Dioxide(CO2e)—Equivalent carbon dioxide,abbreviated as CO2e and also known as global warming potential(GWP),is a unit that allows emissions of greenhouse gases of different strengths to be added together and framed in terms of comparative units.For carbon dioxide itself,emissions in tons of CO2 and tons of CO2e are identical,whereas for methane,an example of a stronger greenhouse gas,1 ton of methane emissions has the same GWP as 21 tons of CO2.Thus 1 ton of methane emissions can be expressed as 21 tons of CO2e. Global Warming—Global warming describes the recent trend of increasing average global surface and tropospheric(referring to the lowest part of the atmosphere where"weather" phenomena occur)temperatures that scientists believe is caused by increased emissions of human-induced greenhouse gases.The greenhouse gases(CO2,methane,nitrous oxides and CFCs)are emitted into the atmosphere and increase the atmosphere's"entrapment"of heat. Global Warming Potential(GWP)—Global warming potential is a concept developed by the Intergovernmental Panel on Climate Change that provides a comparative measure of the impacts of different greenhouse gases on global warming,with the effect of carbon dioxide being equal to 1. Greenhouse Gases and the Greenhouse Effect—The Earth's climate is determined by a delicate balance between the solar energy that arrives from space and the heat energy that the Earth creates from the sun's rays.The energy that arrives from space should always equal the energy that the Earth emits back to space.When something disturbs this balance,our climate adjusts by cooling or warming the Earth to return things to normal.A portion of outgoing heat energy is absorbed in the atmosphere by greenhouse gases such as water vapor,carbon dioxide,methane,and nitrous oxide.If these trace gases were not present,the average temperature on the Earth's surface would be-32 degrees Fahrenheit,and life as we know it would not have evolved here.But the natural greenhouse effect keeps the average global surface temperature at a comfortable 59 degrees Fahrenheit. 67 EPA,www.epa.gov/climatechange/glossary.htmi 66 EPA,www.epa.gov/climatechange/glossary.html MGlossa . Today, the atmospheric concentration of the most important greenhouse gas, carbon dioxide, is higher than it has been in the past 650,000 years. Scientists participating in the British Antarctic Survey have succeeded in charting the atmospheric concentration of carbon dioxide over the last 800,000 years. Their research has shown that temperature unfailingly rises and falls in response to carbon dioxide levels. This increase is the result of an increased reliance on fossil fuels and deforestation, which has caused an imbalance between the absorption and release of carbon dioxide by vegetation. Other greenhouse gases, also found in the atmosphere in increasing amounts, are methane, nitrous oxide and the chlorofluorocarbons (CFCs). IPCC—Intergovernmental Panel on Climate Change—The Intergovernmental Panel on Climate Change (I PCC)was jointly established in 1988 by the World Meteorological Organization and the United Nations Environment Programme to: 4 Assess available scientific information on climate change; � Assess the environmental and socioeconomic impacts of climate change; + Formulate response strategies. It has emerged as the predominant international forum for the development of scientific knowledge and policy advice on matters related to climate change. Its periodic Assessment Reports are relied upon by governments to guide policy making on this issue. The IPCC's Third Assessment Report in 2001 projects that the Earth's average surface temperature will increase between 2.5° and 10.4°F (1.4°-5.8°C) between 1990 and 2100 if no major efforts are undertaken to reduce the emissions of greenhouse gases (the "business-as-usual" scenario). Furthermore, the Third Assessment Report also found that"there is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities." Kyoto Protocol—The Kyoto protocol was adopted by consensus at the third session of the Conference of the Parties (COP-3) in December 1997 in Kyoto, Japan. When ratified by a certain percentage of participating countries, it contains legally binding emissions targets for developed countries in the post-2000 period. By arresting and reversing the upward trend in greenhouse gas emissions that started in these countries 150 years ago, the Protocol promises to move the international community one step closer to achieving the Convention's ultimate objective of preventing "dangerous anthropogenic [human-induced] interference with the climate system." According to the Protocol, developed countries commit themselves to reducing their collective emissions of six key greenhouse gases by at least 5%. This group target will be achieved through cuts of 8% by Switzerland, most Central and East European states, and the European Union (the EU will meet its target by distributing different rates among its 61 member states); 7% by the US; and 6% by Canada, Hungary, Japan, and Poland. Russia, New Zealand, and Ukraine are to stabilize their emissions, while Norway may increase emissions by up to 1%, Australia by up to 8%, and Iceland 10%. The six gases are to be combined in a "basket", with reductions in individual gases translated into "CO2 equivalents" that are then added up to produce a single figure. In 2005 the Kyoto Protocol went into effect after 141 industrialized countries signed on to the agreement. Methane—Methane, abbreviated CH4, accounted for about 8.6% of U.S. emissions in 2005. Methane is produced by anaerobic decomposition of solid waste in landfills and sewage treatment facilities, wetlands and rice paddies, as a by-product of fossil fuel energy production and transport and also from outgassing in livestock. It is also the principle constituent of natural gas and can leak from natural gas production and distribution systems and is emitted in the process of coal production. The methane concentration in the atmosphere has been rising Glossary of Terms D ,rlin^arae Climate Actio!s Plan steadily for several centuries, keeping pace with the increase in the world population and expansion of the world economy. Nitrous Oxide — Nitrous oxide or N20 (not to be confused with nitrogen oxides or NOx) is a potent greenhouse gas accounting for about 5. 1 % of U.S. CO2e emissions in 2005. Main sources for this GHG are nitrogen fertilization of agricultural soils, agricultural runoff and motor vehicles equipped with catalytic converters. Ozone — An ozone molecule consists of three atoms of oxygen. Ozone is much more reactive than oxygen and is toxic to human beings and living matter. At ground level it forms smog and causes damage to forests and humans. (In the stratosphere, it functions mainly as a filter for ultraviolet radiation and to a lesser extent as a greenhouse gas.) Ground level ozone formation is closely connected to climate change since the primary sources of emissions that cause it (e.g., motor vehicle use) are also global-warming pollutants. Additionally, the formation of ground level ozone requires not only pollutants but also heat and sunlight. As regions get hotter due to global warming, local ozone smog problems tend to be exacerbated. United Nations Framework Convention on Climate Change (UNFCCC) — This convention served as the foundation of global efforts to combat global warming. Opened for signature at the Rio Earth Summit in 1992, its ultimate objective was the "stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic [human-induced] interference with the climate system. Such a level should be achieved within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner." U.S. Conference of Mayors Climate Protection Agreement — This initiative was launched in 2005 by Seattle Mayor Greg Nickels. He invited mayors to commit to reduce emissions in their cities to 7 percent below 1990 levels by 2012. Western Climate Initiative (WCI) — launched in February 2007, the WCI is a collaboration of seven U.S. governors and four Canadian Premiers created to identify, evaluate and implement collective and cooperative ways to reduce greenhouse gases in the region, focusing on a market-based cap-and-trade system. i Glossary of Terms CITY 0 STAFF REPORT BURUNGAME AGENDA 7b ITEM# tioq 90� MTG. DATE June 15,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: June 9, 2009 APPROV Y FROM: Jesus Nava, Finance Director/Treasurer 558-7222 SUBJECT: Approval of SBWMA Revised Financing Plan for the Shoreway Environmental Center; Authorizing the Issuance of$55.32 Million in Solid Waste Enterprise Revenue Bonds and Authorizing City Treasurer to Enter Into A Use of Funds Agreement In the Amount of$3 Million for a Period of Five Years RECOMMENDATION: That City Council adopts a resolution approving a revised plan of finance for the construction of the SBWMA Shoreway Environmental Center; authorizing the issuance of$55.32 million in solid waste enterprise revenue bonds and authorizing the City Treasurer to enter into a use-of- funds agreement in the amount of$3 million for a period of five years. BACKGROUND: The City Council voted unanimously to oppose the issuance of$65.45 million in revenue bonds to finance the construction of the SBWMA Shoreway Environmental Center on February 17, 2009. The Council's opposition was due to two main areas of concern: the huge increase in the cost of the Shoreway Environmental Center project and the grave risks associated with the recommended use of variable rate demand bonds. In addition, the Council also voted unanimously to send correspondence to the other SBWMA member agencies asking that they reconsider the proposed bond issue given the recommendation that variable rate bonds be used as part of the financing. The SBWMA secured nine votes to issue the bonds. The JPA requires the affirmative vote of eight members. Member agencies approving the bonds include Redwood City, San Mateo, Foster City, San Carlos, East Palo Alto, Menlo Park, Belmont, Hillsborough and San Mateo County. It should be noted that Menlo Park, Belmont, Hillsborough and San Mateo County gave their approval subject to a review of the final plan of finance. The Town of Hillsborough which initially approved the bonds has voted against the final financing plan because they favored the use of variable rate bonds. Member agencies opposing the issuance of bonds included Burlingame and Atherton. West Bay Sanitary District has not taken any action. Changes In the Plan of Finance Since the Council voted to oppose the issuance of$65.45 million in revenue bonds the following changes have occurred in the plan of finance: 1 • The bond issue has been reduced by$10.13 million for a new issuance amount of$55.32 million. • No variable rate bonds will be issued. The plan is to borrow up to $10 million from member agencies and issue the remaining $45.32 million as fixed rate bonds. • The $10 million loan allows member agencies to be true equity partners in the JPA as envisioned and gives the participating agencies the opportunity to earn investment income for their financial benefit. • The $10 million loan from member agencies will be in the form of subordinate bonds to be issued as South Bayside Waste Management Authority Solid Waste Enterprise Subordinate Revenue Bonds (Bayside Environmental Center) Series 2009B (Taxable). Under the Federal Stimulus Plan, taxable bonds issued in 2009 will be exempt from federal taxation. • The $10 million in subordinate bonds (member agency loan)will mature in 5 years instead of 25 years allowing the SBWMA to pay off that portion of the borrowing much quicker thereby saving on long- term interest costs. • The $10 million in subordinate bonds will also produce savings in underwriters' fees, debt service reserve requirements; bond rating costs; continuing disclosure fees and trustee bank agent fees. These much more favorable terms were reached as a result of active review and negotiations with SBWMA staff, the SBWMA financing team and the other member agencies. Member Agency Loan (Member Agency Bonds) The City of Burlingame will loan the SBWMA $3 million for a period of five years. The loan is secured by $3 million in solid waste enterprise subordinate revenue bonds that will be purchased and owned by the city. Maturity on the member agency bonds will be five years (July 2014) with the proviso that the loan can be extended beyond the five year period if extraordinary circumstances prevent the SBWMA from repaying the principal amount at maturity. Interest on the bonds (known as the coupon rate) will be determined by an independent pricing agent. Interest on the bonds is currently estimated at 5% (see email from Brian Ponty, SBWMA finance team leader, dated June 6, 2009, Attachment A.). Interest will be paid semi-annually in September and March. The interest income to the city will be $150,000 per annum or $750,000 for the term of the loan (at maturity). Interest payments to the member agencies will be subordinate to debt service payments to senior bond holders,but cash flows indicate low risk of default on payments. The city may be able to purchase the bonds at a discount which would further increase the yield on the investment. The bonds are callable by the SBWMA at any time without a prepayment penalty. Mr. Jeff A. Stava, Bond Counsel,Nossaman LLP., has developed a term sheet for the member agency bonds. It is attached for your review (Attachment B.). In addition, the solid waste subordinate revenue bonds will be issued and administered in compliance with the Indenture of Trust between the SBWMA and the Bank of New York Mellon Trust Company, the trustee bank (Attachment C.). The comprehensive trust agreement stipulates the following: • "The principal of the Bonds shall be payable on the Principal Payment Date, or on redemption prior thereto, upon surrender thereof at the Trust Office of the Trustee. In the event that the principal of the Bonds is not paid in full on the Principal Payment Date, interest shall continue to accrue on the unpaid 2 principal amount of the Bonds at the rate provided for herein until such principal amount is paid in full." (Article II, Section 2.02.) • "The obligations of the Authority to make Debt Service Payments from Subordinate Net Revenues is absolute and unconditional, and until such time as all Debt Service Payments shall have been fully paid and the Bonds are no longer Outstanding the Authority will not, under any circumstances, discontinue, abate or suspend any payment due hereunder when due, whether or not the Enterprise is operating or operable or has been completed, or whether or not the Enterprise is condemned, damaged, destroyed or seized or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such payments shall not be subject to reduction whether by offset, counterclaim, defense, recoupment, abatement, suspension, deferment or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement or covenant contained herein for any cause whatsoever. (Article III, Section 3.01.) California state law provides clear authority for the loan. Section 6504 of the State of California Government Code, known as the Joint Exercise of Powers Act, provides that "parties to the boint powers] agreement may provide that (a) contributions from the treasuries may be made for the purpose set forth in the agreement, (b)payments of public funds may be made to defray the cost of such purpose, (c) advances of public funds may be made for the purpose set forth in the agreement, such advances to be repaid as provided in said agreement, (d)personnel, equipment or property or one or more of the parties to the agreement may be used in lieu of other contributions or advances..." In addition, Government Code sections 53600, et. seq. which contains guidelines for the prudent investment of the city's temporarily idle cash, allows for the investment in"bonds, notes,warrants, or other indebtedness of the local agency, or any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency." The City of Burlingame 2009 Investment Policy reflects the language of Government Code Sections 53600, et. seq. making the purchase of the bonds an eligible investment. ATTACHMENTS: Attachment A. —Email from Brian Ponty, SBWMA finance team leader, dated June 6, 2009, Subject: Estimated Coupon On 5-Year Bond. Attachment B.—Memorandum from Jeff A. Stava, Bond Counsel, Nossaman, L.L.P., dated June 2, 2009, Subject: Proposed Term Sheet for Member Bonds. Attachment C. - Indenture Of Trust Between The South Bayside Waste Management Authority And The Bank Of New York Mellon Trust Company,N.A., (As Trustee)Relating To The $ South Bayside Waste Management Authority Solid Waste Enterprise Subordinate Revenue Bonds (Bayside Environmental Center) Series 2009b (Taxable), Dated As Of July 1, 2009 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A REVISED FINANCING PLAN OF THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY TO FINANCE THE CONSTRUCTION OF THE SHOREWAY ENVIRONMENTAL CENTER; APPROVING THE ISSUANCE OF $55.32 MILLION IN SOLID WASTE ENTERPRISE REVENUE BONDS AND AUTHORIZING THE CITY TREASURER TO ENTER INTO A USE OF FUNDS AGREEMENT IN THE AMOUNT OF $3 MILLION FOR A FIVE YEAR PERIOD WHEREAS, the City of Burlingame is one of twelve equity members of the South Bayside Waste Management Authority Joint Exercise of Powers Agreement (herein referred to as the SBWMA JPA); and WHEREAS, SBWMA has proposed construction of a new refuse transfer station and recycling facility, the Shoreway Environmental Center(PROJECT, herein), located in San Carlos, and has proposed the issuance of solid waste enterprise revenue bonds to finance the construction of PROJECT; and WHEREAS, the City of Burlingame originally opposed the financing plan for PROJECT as being unnecessarily costly; and WHEREAS, after review and discussion with SBWMA staff, other agencies and the SBWMA financing team, SBWMA has revised its plan to finance the cost of the PROJECT by reducing the new bond issuance to the amount of$55.32 million, eliminating the issuance of variable rate bonds, and borrowing $10 million from the member agencies in the form of subordinate revenue bonds, maturing in 5 years rather than 25 years; and WHEREAS, as part of this revised financing plan, the City of Burlingame will loan SBWMA $3 million of the $10 million borrowed from the SBWMA members, for a period of five years, secured by$3 million in solid waste enterprise subordinate revenue bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The City Council of the City of Burlingame approves SBWMA's revised financing plan for the construction of the SBWMA Shoreway Environmental Center Project; the financing plan includes a general issuance of$55.32 million in solid waste revenue bonds generally and a specific issuance of$10 million in solid waste subordinate revenue bonds to member agencies, including$3 million to the City of Burlingame. 2. The City Council of the City of Burlingame authorizes the City Treasurer to enter into a use of funds agreement with SBWMA in an amount not to exceed$3 million,to be secured by solid waste subordinate revenue bonds, as part of the financing plan for the construction of the SBWMA Shoreway Environmental Center Project. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 15`h day of June, 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Page 1 of 1 ATTACHMENT A FIN-Nava, Jesus From: FIN-Brian Ponty [BPonty@redwoodcity.org] Sent: Saturday, June 06, 2009 7:18 AM To: FIN-Nava, Jesus; Bill Euphrat Cc: Kevin McCarthy Subject: RE: Estimated Coupon on 5-Year Bond Jesus - Bill esus -Bill and I agree that 5% is a reasonable estimate for the yield on a member loan. As far as purchasing the loan at a discount we can certainly discuss this. Good luck with your presenting this to your Council and don't hesitate to contact us if you have any questions. From: FIN-Nava, Jesus [JNava@burlingame.org] Sent: Friday, June 05, 2009 2:08 PM To: Bill Euphrat Cc: FIN-Brian Ponty Subject: Estimated Coupon on 5-Year Bond I am trying to finalize the City Council agenda report for June 15 approving the loan for $3 million. Can you give me an estimated coupon rate (interest rate) on a 5-year, A-, subordinate, bond? Do I get to buy them at a discount as well? Jesus Nava Finance Director/Treasurer City of Burlingame, CA 650-558-7222 650-342-8386 fax * V * . 6/9/2009 ATTACEIVIE1VT B UJNOSSAMANLLP Memorandum TO: SBWMA Members FROM: Jeff A. Stava DATE: June 2, 2009 RE: Proposed Term Sheet for Member Bonds 290896-0001 In connection with the proposed SBWMA financing, it has been requested by some Members that the Board consider accepting advances in an amount not-to-exceed $10 million (the "Member Bonds") from certain Members interested in such an investment. While the obligations will be structured as bonds (the "Member Bonds") in order to clearly fall under the prior Member approval of financing the project, it will be provided in the documentation that such Member Bonds are being issued to secure repayment of advances from Members pursuant to Government Code Section 6504 (relating to such advances to a joint powers authority). In order to avoid rating problems (primarily resulting from default risk if surplus revenues aren't sufficient to pay the short term obligations), the Member Bonds will be subordinate to the publicly offered obligations. The following outlines the major differences between the senior, publicly offered obligations (the "Senior Bonds")and the Member Bonds: ■ Maturity of Member Bonds to be 5 years (with provision to extend if funds aren't available to repay principal), with semi-annual interest only payments until maturity ■ Interest rate established at arms-length, market rate; provided, interest rate will not exceed the rate on a special term Senior Bond with a 5-year optional redemption provision ■ Member to execute a purchase agreement on date Authority mails Preliminary Official Statement ■ No call protection (redeemable in whole or in part on any date prior to maturity) ■ No reserve fund for the Member Bonds, and no access to the Reserve Fund created for the Senior Bonds 292117_1.doc Memorandum June 2, 2009 Page 2 ■ Payment of semi-annual debt service on Member Bonds payable from surplus Net Revenues after payment of debt service (including Reserve Fund replenishment) on the Senior Bonds ■ Unrated; Member to provide certificate at closing acknowledging credit risks ■ Member Bonds may only be sold to other Members (no resale to general public, and no ability of Member to certificate payments without consent of Authority) ■ Authority will be able to sell additional obligations on parity with the Senior Bonds, or subordinate to the Senior Bonds but senior to the Member Bonds, without consent of owners of Member Bonds provided Authority is in compliance with the Rate Covenant (described below) • Rate Covenant will track first part of Senior Bonds covenant--annual Revenues equal to one times M&O, debt service, reserve fund replenishment and other obligations (including payments on Member Bonds) payable from Revenue Fund (no coverage requirement on Member Bonds) ■ Default under Member Bonds will not trigger a default under Senior Bonds, but a default under Senior Bonds will be a default under Member Bonds; if there is a default under Senior Bonds, all amounts due on Senior Bonds will be paid prior to any payment under Member Bonds 292117_1.doc ATTACHMENT C Draft of 6/8/09 INDENTURE OF TRUST between the SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee RELATING TO THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY SOLID WASTE ENTERPRISE SUBORDINATE REVENUE BONDS (BAYSIDE ENVIRONMENTAL CENTER) SERIES 2009B (TAXABLE) Dated as of July 1, 2009 indenture 6-08-09.doc TABLE OF CONTENTS ARTICLE I DEFINITIONS; EQUAL SECURITY..................................................................2 Section1.01. Definitions.....................................................................................................2 Section 1.02. Equal Security.............................................................................................12 ARTICLE II TERMS AND CONDITIONS OF BONDS ......................................................12 Section 2.01. Authorization of Bonds...............................................................................12 Section 2.02. Denominations, Medium, Method and Place of Payment and Datingof Bonds...................................................................................12 Section 2.03. Interest on the Bonds...................................................................................13 Section 2.04. Form of Bonds ............................................................................................13 Section 2.05. Execution of Bonds.....................................................................................13 Section 2.06. Transfer and Exchange of Bonds................................................................13 Section 2.07. Bond Registration Books............................................................................14 Section 2.08. Temporary Bonds........................................................................................14 Section 2.09. Bonds Mutilated, Destroyed, Lost or Stolen...............................................15 Section 2.10. Evidence of Signatures of Bond Owners and Ownership of Bonds...................................................................................................15 Section 2.11. Registration of Exchange or Transfer.........................................................16 Section 2.12. Book Entry System .....................................................................................17 Section 2.13. Subordinate ParityObligations...................................................................19 Section 2.14. Senior Lien Obligations..............................................................................20 ARTICLE III PROCEEDS OF BONDS; PLEDGE OF SUBORDINATE NET REVENUES................................................................................................20 Section 3.01. Delivery of Bonds; Payment of Debt Service.............................................20 Section 3.02. Depositing of Proceeds of Bonds and Other Amounts...............................21 Section 3.03. Deposit of Debt Service Payments..............................................................21 Section 3.04. Payment Fund .............................................................................................21 Section3.05. Reserved......................................................................................................22 Section3.06. Reserved .....................................................................................................22 Section 3.07. Held in Trust...............................................................................................22 Section 3.08. Commingling of Moneys in Funds .............................................................22 Section 3.09. Arbitrage Covenant.....................................................................................22 Section 3.10. Pledge of Subordinate Net Revenues and Other Funds..............................22 Section 3.11. Receipt and Deposit of Revenues ...............................................................22 Section 3.12. Liability of Authority Limited.....................................................................23 ARTICLE IV REDEMPTION OF BONDS ...........................................................................24 Section 4.01. Terms of Redemption .................................................................................24 Section 4.02. Selection of Bonds for Redemption............................................................24 Section 4.03. Notice of Redemption; Rescission..............................................................24 Section 4.04. Partial Redemption of Bonds......................................................................25 Section 4.05. Effect of Redemption..................................................................................25 ARTICLE V COVENANTS OF THE AUTHORITY AND THE TRUSTEE.......................26 Section 5.01. Compliance with Indenture.........................................................................26 Section 5.02. Observance of Laws and Regulations.........................................................26 indenture 6-08-09.doc Section 5.03. Prosecution and Defense of Suits ...............................................................26 Section 5.04. Accounting Records and Statements...........................................................26 Section 5.05. Further Assurances......................................................................................27 Section 5.06. Against Encumbrances................................................................................27 Section 5.07. Against Sale or Other Disposition of Property...........................................27 Section 5.08. Against Competitive Facilities....................................................................27 Section 5.09. Tax Covenants ............................................................................................28 Section 5.10. Maintenance and Operation of the Enterprise, Budgets; Operating Agreement...........................................................................28 Section 5.11. Payment of Claims......................................................................................28 Section 5.12. Compliance with Contracts.........................................................................28 Section 5.13. Insurance.....................................................................................................28 Section 5.14. Books and Accounts; Financial Statements................................................30 Section 5.15. Payment of Taxes and Compliance with Governmental Regulations ..........................................................................................30 Section 5.16. Amount of Rates and Charges ....................................................................30 Section 5.17. Collection of Rates and Charges; Competitive Tipping Fees.....................31 Section 5.18. Eminent Domain Proceeds..........................................................................32 Section 5.19. Continuing Disclosure to Owners...............................................................32 Section 5.20. Rebate of Excess Investment Earnings to United States.............................33 Section 5.21. Provision of Solid Waste Services and No Voluntary Withdrawal from Enterprise ................................................................33 Section 5.22. Waste Delivery............................................................................................33 Section 5.23. Maintenance of Existence...........................................................................33 ARTICLE VI DEFAULT AND LIMITATIONS OF LIABILITY.........................................33 Section 6.01. Events of Default and Events of Mandatory Acceleration; Acceleration of Maturities ...................................................................33 Section 6.02. Other Remedies of the Trustee....................................................................34 Section6.03. Non-Waiver.................................................................................................35 Section 6.04. Remedies Not Exclusive.............................................................................35 Section 6.05. No Liability by the Trustee to the Owners..................................................35 Section 6.06. Limitation on Owners' Right to Bring• Suit................................................35 Section 6.07. Application of Funds Upon Default............................................................36 ARTICLE VII THE TRUSTEE..............................................................................................37 Section 7.01. Trustee; Duties, Removal and Resignation a�.................................................37 Section 7.02. Compensation of the Trustee......................................................................38 Section 7.03. Protection to Trustee...................................................................................39 Section 7.04. Payment Limited.........................................................................................41 Section 7.05. Merger or Consolidation.............................................................................41 Section 7.06. Funds and Accounts....................................................................................41 ARTICLE VIII AMENDMENT OF OR SUPPLEMENT TO INDENTURE........................41 Section 8.01. Amendment or Supplement by Consent of Owners....................................41 Section 8.02. Disqualified Bonds......................................................................................42 ARTICLE IX DEFEASANCE................................................................................................42 Section 9.01. Defeasance..................................................................................................42 H indenture 6-08-09.doc Section 9.02. Unclaimed Moneys.....................................................................................43 ARTICLE X MISCELLANEOUS..........................................................................................44 Section 10.01. Benefits of 2005 Indenture Limited to Parties..........................................44 Section 10.02. Successor Deemed Included in all References to Predecessor.................44 Section 10.03. Execution of Documents by Owners ........................................................44 Section 10.04. Waiver of Personal Liability.....................................................................44 Section 10.05. Acquisition of Bonds by Authority or the AuthoritX................................45 Section 10.06. Content of Certificates..............................................................................45 Section 10.07. Notice by Mail ..........................................................................................45 Section 10.08. Funds 45 Section 10.09. Investments...............................................................................................46 Section 10.10. Article and Section Headings, Gender and References ............................47 Section 10.11. Partial Invalidity........................................................................................47 Section 10.12. California Law..........................................................................................47 Section10.13. Notices......................................................................................................47 Section 10.14. Effective Date ...........................................................................................47 Section 10.15. Execution in Counterparts.........................................................................47 Section 10.16. Payments Due on Days that are not Business Days..................................48 APPENDIX A FORM OF NOTE.....................................................................................A-1 APPENDIX B FORM OF INVESTOR LETTER.............................................................B-1 indenture 6-08-09.doc INDENTURE OF TRUST THIS TRUST INDENTURE (the "Indenture") is made and entered into as of July 1, 2009, by and between the SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY FINANCING AUTHORITY, a joint powers authority, operating and acting pursuant to the laws of the State of California(the "Authority") and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States, as trustee (the "Trustee"). WITNESSETH: WHEREAS, the Authority is a joint powers authority, a public body, corporate and politic, duly created, established and authorized to transact business and exercise powers under and pursuant to the provisions of the Constitution and laws of the State of California, including the Joint Exercise of Powers Act (commencing with Section 6500 of the California Government Code) (the "Law"), including the power to issue bonds, notes and other obligations for any of its corporate purposes; WHEREAS, certain public agencies (the "Member Agencies") have entered into a First Amended and Restated Joint Exercise of Powers Agreement dated as of December 14, 2005, as amended (the "Agreement"), establishing the Authority for the purpose, among others, of having the Authority issue its obligations to be used to finance and refinance the acquisition, construction and improvement of certain public capital improvements; and WHEREAS, in order to finance a portion of the acquisition and construction of certain improvements to the Authority's solid waste facility (the "Project"), certain of the Member Agencies have decided to advance funds to the Authority pursuant to Section 6504 of the Law (the "Advances"); and WHEREAS, to secure repayment of such Advances the Authority has decided, pursuant to the provisions of the Agreement, to issue its Solid Waste Enterprise Subordinate Revenue Bonds (Bayside Environmental Center), Series 2009B (Taxable) in an aggregate principal amount of$ (the "Bonds"), secured by Subordinate Net Revenues of its solid waste collection,processing and disposal facilities (the"Enterprise"), as provided herein; and WHEREAS, to finance the remainder of the costs of the Project, the Authority has decided, pursuant to the provisions of the Agreement, to issue its Solid Waste Enterprise Revenue Bonds (Bayside Environmental Center), Series 2009A in an aggregate principal amount of$ (the "Senior Bonds"), secured by Net Revenues of the Enterprise, as provided in that certain Indenture of Trust between the Trustee and the Authority, dated as of July 1, 2009, relating to the Senior Bonds(the"Senior Indenture"); and WHEREAS, the Project constitutes a public capital improvement, as that term is defined in the Law; and -1- indenture 6-08-09.doc WHEREAS, in order to provide for the authentication and delivery of the Bonds (as defined herein), to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and interest and premium, if any,thereon,the Authority has authorized the execution and delivery of this Indenture; and WHEREAS, the proceeds of the Bonds will be used(i)to finance a portion of the costs of the Project, and(ii)to provide for the costs of issuing the Bonds; and WHEREAS, all acts and proceedings required by law necessary to make the Bonds, when executed by the Authority, authenticated and delivered by the Trustee, and duly issued, the valid, binding and legal special obligations of the Authority, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of the Indenture have been in all respects duly authorized; NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: ARTICLE I DEFINITIONS; EQUAL SECURITY Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.01 shall for all purposes hereof, and of any amendment hereof or supplement hereto, of the Bonds and of any certificate, opinion, request or other document mentioned herein or therein have the meanings defined herein, the following definitions to be equally applicable to both the singular and plural forms of any of the terms defined herein: "Advances" means the advances of funds by certain Member Agencies to finance a portion of the Project. "Authority" means the South Bayside Waste Management Authority, a joint powers authority duly organized and existing under and by virtue of the laws of the State of California, and its successors or assigns. "Authorized Officer" means a representative of the Authority designated by resolution of the Authority. "Bond Counsel" means Nossaman LLP or any other attorney or firm of attorneys appointed by and acceptable to the Authority, of nationally-recognized experience in the execution and delivery of obligations the interest in which is excludable from gross income for federal income tax purposes under the Code. -2- indenture 6-08-09.doc "Bond Register" means the books which the Trustee shall keep or cause to be kept on which the registration and transfer of the Bonds and any Subordinate Parity Obligations shall be recorded. "Bonds" means the $ principal amount of South Bayside Waste Management Authority Solid Waste Enterprise Subordinate Revenue Bonds (Bayside Environmental Center), Series 2009B (Taxable) authorized hereby and at any time Outstanding hereunder that are issued by the Authority under and pursuant to Article II of this Indenture. "Business Day"means any day other than a Saturday, Sunday or legal holiday or a day on which banks are authorized to be closed for business in California or on which the Trust Office is authorized to be closed. "Certificate of the Authority" means an instrument in writing signed by the Chairperson, Finance Officer or other duly authorized officer of the Authority. "Closing Date"means , 2009. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations, including temporary and proposed regulations relating to such section which are applicable to the Bonds or the use of the proceeds thereof. "Consultant's Report"means a report signed by an Independent Consultant. "Continuing Disclosure Agreement" shall mean the agreement by that name, dated as of July 1, 2009,between the Authority and the dissemination agent named therein. "Contractor" means , a duly organized and existing under and by virtue of the laws of the State of , and its successors and assigns. "Debt Service"means, for any consecutive 12 month period,the sum of: (1) the interest falling due on all Outstanding Bonds in such period, assuming that all Outstanding Bonds are retired as scheduled or are redeemed from the Subordinate Debt Service Account as scheduled, (2) the principal amount of all Outstanding Bonds falling due by their terms in such period, plus (3) the principal amount of all Outstanding Bonds scheduled to be redeemed from the Subordinate Debt Service Account in such period; provided, that as to any such Bonds bearing or comprising interest at other than a fixed interest rate, the rate of interest used to calculate Debt Service shall be a rate equal to the greater of(i) the actual rate on the date of calculation, or if the Bonds are not yet outstanding, the initial rate (if established and binding), (ii) if the Bonds have been outstanding for at least twelve -3- indenture 6-08-09.doc months, the average rate over the twelve months immediately preceding the date of calculation, and (iii) (x) if interest on the Bonds is excludable from gross income under the applicable provisions of the Code, the most recently published The Bond Buyer Bond Revenue Index (or comparable index if no longer published) plus fifty (50) basis points, or (y) if interest is not so excludable, the interest rate on direct U.S. Treasury Obligations with comparable maturities, plus fifty (50) basis points„ and (4) the Debt Service Payments (except to the extent that interest has been fully capitalized and is invested in Federal Securities which mature at times and in such amounts as are necessary to pay the interest to which such amounts are pledged) required to be paid hereunder during such Fiscal Year; and provided further, that as to any such Bonds having twenty-five per cent (25%) or more of the aggregate principal amount thereof due in anyone Fiscal Year, Debt Service shall be calculated for the period of determination as if the interest on and principal of such Bonds were being paid from the date of incurrence thereof in substantially equal annual amounts over a period of twenty-five (25) years from the date of such Bonds; and provided further, that as to any such Bonds or portions thereof bearing no interest but which are sold at a discount and which discount accretes with respect to such Bonds or. portions thereof, such accreted discount shall be during such period of calculation of Debt Service treated as interest in the calculation of Debt Service; and provided further, that the amount on deposit in a debt service reserve fund for any Bonds on any date of calculation of Debt Service shall be deducted from the amount of principal due at the final maturity of such Bonds and in each preceding year until such amount is exhausted; and provided further, that Debt Service shall not include interest on Bonds which is to be paid from amounts constituting capitalized interest; and provided further, that if an interest rate swap agreement is in effect with respect to, and is payable on a parity with, any Bonds to which it relates, no amounts payable under such interest rate swap agreement shall be included in the calculation of Debt Service unless the sum of(i) the interest payable on such Bonds, plus (ii) the amounts payable by the Authority under such interest rate swap agreement, less (iii) the amounts receivable by the Authority under such interest rate swap agreement, are greater than the interest payable on such Bonds, in which case the amount of such payments to be made that exceed the interest to be paid on such Bonds shall be included in such calculation, and for this purpose, the variable amount under any such interest rate swap agreement shall be determined in accordance with the procedure set forth in the first proviso of this definition. "Subordinate Debt Service Account" means the account of that name established by the Trustee pursuant to Section 3.04 hereof. "Debt Service Payments" mean the payments of Debt Service on the Bonds due hereunder. "Delivery Costs Fund" means the fund of that name established by Section 3.02 of of the Senior Indenture. "Depository" means (a) initially, DTC, and (b) any other qualified securities depository acting as Depository pursuant to Section 2.12 hereof. "Depository System Participant" means any participant in the Depository's book entry system. -4- indenture 6-08-09.doc "DTC" means The Depository Trust Company, New York,New York, and its successors and assigns. "Due Date" means the fifteenth (15th) day of the month prior to an Interest Payment Date. "Enterprise" means all solid waste collection, processing and disposal facilities and any other facilities related thereto now owned by the Authority, and all other facilities for the collection, processing and disposal of solid waste hereafter acquired and constructed by the Authority and determined to be a part of the Enterprise, including all facilities necessary and appropriate for the Authority to meet its service obligations; together with all additions, betterments or improvements to such facilities or any part thereof hereafter acquired and constructed by the Authority and all contractual rights which the Authority may enforce, including the Authority's rights under the Agreement. "Event of Default"means an event of default described in Section 6.01 hereof. "Federal Securities" means direct obligations of(including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States), or obligations the timely payment of the principal of and interest on which are fully and unconditionally guaranteed by,the United States of America. "Finance Officer"means the Finance Director of the Authority. "Fiscal Year" means the twelve calendar month period terminating on June 30 of each year, or any other annual accounting period hereafter selected and designated by the Authority as its Fiscal Year in accordance with applicable law. "Generally Accepted Accounting Principles"means the uniform accounting and reporting procedures prescribed by the California State Controller or his or her successor for public agencies in the State of California, or failing the prescription of such procedures means generally accepted accounting principles as presented and recommended by the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor. "Indenture" means this Indenture of Trust by and between the Trustee and the Authority, dated as of July 1, 2009 as originally executed and entered into and as it may from time to time be amended or supplemented in accordance herewith. "Independent Certified Public Accountant" means any firm of certified public accountants appointed by the Authority which is independent pursuant to the Statement on Auditing Standards No. 1 of the American Institute of Certified Public Accountants. -5- indenture 6-08-09.doc "Independent Consultant" means any consultant or consulting firm of national reputation generally recognized to be well qualified in consulting matters relating to systems similar to the Enterprise, appointed and paid by the Authority, and who or each of whom-- I. hom--1. is in fact independent and not under the domination of the Authority; 2. does not have a substantial financial interest, direct or indirect, in the Authority; and 3. is not connected with the Authority as a council member, officer or employee of the Authority, but may be regularly retained to make reports to the Authority. "Independent Financial Consultant" means any financial consultant or firm of such consultants of national reputation generally recognized to be well qualified in financial matters relating to systems similar to the Enterprise, appointed and paid by the Authority, and who, or each of whom-- I. hom--1. is in fact independent and not under the control of the Authority; 2. does not have a substantial financial interest, direct or indirect, in the Authority; and 3. is not connected with the Authority as a council member, officer or employee of the Authority,but may be regularly retained to make reports to the Authority. "Insurance Consultant" means any nationally recognized independent actuary, insurance company or broker who has actuarial personnel knowledgeable with respect to insurance carried by, required for and available to public agencies operating facilities similar to the Enterprise, including a pooled self-insurance program in which premiums are established on the basis of the recommendation of an actuary of national reputation. "Interest Payment Date" means [September 1, 2009] and each March 1 and September 1 thereafter. "Investor Letter" means a letter substantially in the form set forth in Exhibit B to this Indenture. "Law" means the Joint Exercise of Powers Act (commencing with Section 6500 of the California Government Code), including the Marks Roos Local Bond Pooling Act of 1985 (commencing with Section 6584 of the California Government Code) and all laws amendatory thereof or supplemental thereto. "Maintenance and Operation Costs" of the Enterprise means all reasonable and necessary costs paid or incurred by the Authority for maintaining and operating the Enterprise, determined in accordance with Generally Accepted Accounting Principles, including payments to the Contractor pursuant to the Operation Agreement, all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the Enterprise in good repair and -6- indenture 6-08-09.doc working order, and including all administrative costs of the Authority that are charged directly or apportioned to the operation of the Enterprise, such as salaries and wages of employees, overhead, taxes (if any) and insurance premiums, and including all other reasonable necessary costs of the' Authority or charges required to be paid by it to comply with the terms hereof or of any Supplemental Indenture, such as compensation, reimbursement and indemnification of the Trustee and fees and expenses of Independent Certified Public Accountants and Independent Consultants; but excluding in all cases Debt Service, the franchise fee payable to the City of San Carlos, capital improvements to the Enterprise, depreciation, replacement and obsolescence charges or reserves therefor and amortization of intangibles or other bookkeeping entries or a similar nature. "Maximum Annual Debt Service" means the largest annual Debt Service on the Bonds during the period from the date of such determination through the final maturity date of the Bonds. "Member Agency" means an equity member of the Authority in good standing under the Agreement. "Moody's"means Moody's Investors Service,Inc., its successors and assigns. "Net Proceeds" means, when used with respect to any insurance or condemnation award, the proceeds from such insurance or condemnation award remaining after payment of all reasonable expenses(including attorneys' fees) incurred in the collection of such proceeds. "Net Revenues" means, for any period, all of the Revenues during such period less all of the Maintenance and Operation Costs during such period. "Nominee" means (a) initially, Cede & Co., as nominee of DTC, and (b) any other nominee of a Depository designated pursuant to Section 2.12 hereof. "Operation Agreement"means the [TO COME], dated 920 . "Outstanding" when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.02)all Bonds except: (1) Bonds canceled by the Trustee; (2) Bonds paid or deemed to have been paid within the meaning of Section 9.01; and (3) Bonds in lieu of or in substitution for which replacement Bonds shall have been executed and delivered hereunder. "Owner"or"Bond Owner"means the registered owner of any Outstanding Bond. "Payment Fund"means the fund by that name established in Section 3.03 hereof. -7- indenture 6-08-09.doc "Permitted Investments" means any of the following which at the time of investment are legal investments under the laws of the State of California for the moneys proposed to be invested therein (the Trustee is entitled to conclusively rely upon any direction of the Authority as a certification that such investment constitutes a Permitted Investment): 1. Direct obligations of the United States of America(including obligations issued or held in book-entry form on the books of the Department of the Treasury, but excluding CATS and TIGRS) or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. 2. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): Farmers Home Administration(FmHA) Certificates of beneficial ownership Federal Housiniz Administration Debentures (FHA) General Services Administration Participation certificates Government National Mortgage Association(GNMA or"Ginnie Mae") GNMA—guaranteed mortgage-backed bonds GNMA—guaranteed pass-through obligations (participation certificates) (not acceptable for certain cash-flow sensitive issues.) U.S. Maritime Administration Guaranteed Title XI financing U.S. Department of Housing and Urban Development(HUD) Project Bonds Local Authority Bonds New Communities Debentures—U.S. Government guaranteed debentures U.S. Public Housing Bonds and Bonds—U.S. Government guaranteed public housing notes and bonds 3. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non-full faith and credit U.S. government agencies (stripped securities are only permitted if they have been stripped by the agency itself): Federal Home Loan Bank Enterprise Senior debt obligations -8- indenture 6-08-09.doc Federal Home Loan Mortgage Corporation FHLMC or"Freddie Mac") Participation certificates Senior debt obligations Federal National Mortgage Association(FNMA or"Fannie Mae") Mortgage-backed securities and senior debt obligations Resolution Funding Corp. (REFCORP)obligations Farm Credit Enterprise Consolidated system-wide bonds and notes Federal Agriculture Mortgage Association Tennessee Valley Authority 4. Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by S&P of"AAAm-G," "AAA-m," or "AA-m" and if rated by Moody's rated "Aaa," "Aal" or "Aa2," including funds for which the Trustee, its parent holding company, if any, or any affiliates or subsidiaries of the Trustee provide investment advisory or other management services. 5. Certificates of deposit secured at all times by collateral described in 1 and/or 2 above. Such certificates must be issued by commercial banks, savings and loan associations or mutual savings banks including the Trustee and its affiliates. The collateral must be held by a third parry and the Owners must have a perfected first security interest in the collateral. 6. Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC, including BIF and SAIF. 7. Investment agreements, including GIC's, forward purchase agreements and reserve fund put agreements. 8. Commercial paper rated, at the time of purchase, "Prime -1" by Moody's and "A- 1" or better by S&P. 9. Bonds or notes issued by any state or municipality which are rated by Moody's and S&P in one of the two highest rating categories assigned by such agencies. 10. Federal funds or bankers acceptances with a maximum term of one year of any bank which has an unsecured, uninsured and unguaranteed obligation rating of "Prime -1" or "A3" or better by Moody's and"A-1+"by S&P. 11. Repurchase agreements for 30 days or less must follow the following criteria: (i) Repurchase agreements that provide for the transfer of securities from a dealer bank or securities firm (seller/borrower) to the Trustee (buyer/lender), and the transfer of -9- indenture 6-08-09.doc cash from the Trustee to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the Trustee in exchange for the securities at a specified date. 12. Medium-term Bonds: Corporate notes issued by corporations organized and operating within the United States with a rating of"AAA" or higher at the time of purchase by a nationally recognized rating service and with a maximum remaining maturity of no more than three (3)years after the date of purchase. 13. The Local Agency Investment Fund created pursuant to Section 16429.1 of the California Government Code, to the extent the Trustee is authorized to register such investment in its name. "Principal Office" means the corporate trust office of the Trustee currently located in San Francisco, California. "Principal Payment Date"means [July 1, 2014]. "Project Costs" means the cost of any acquisition, construction, refinancing, improvement, repair, modification or delivery of any portion of the Enterprise and related equipment, in accordance with the purchase order or contract therefore, including the costs of site preparation necessary for the installation of such improvements. Project Costs also include administrative, engineering, legal, financial and other costs incurred by the Authority in connection with the acquisition, delivery and installation of such Project Costs. "Project Fund"means the fund of that name established pursuant to the Senior Indenture. "Rate Stabilization Fund"means any fund for that purpose created by the Authority. "Record Date"means the fifteenth day of the calendar month prior to an Interest Payment Date. "Redemption Account" means the account of that name established by the Trustee pursuant to Section 3.04 hereof. "Responsible Officer" means any officer of the Trustee assigned by the Trustee to administer the trusts established hereunder. "Revenue Fund"means the fund of the Authority into which it deposits Revenues. "Revenues" means all gross income and revenue received or receivable by the Authority from the ownership or operation of the Enterprise, determined in accordance with Generally Accepted Accounting Principles, including all rates, fees and charges received by the Authority for the Enterprise and the other services of the Enterprise and all proceeds of insurance covering business interruption loss relating to the Enterprise and all other income and revenue howsoever derived by the Authority from the ownership or operation of the Enterprise or arising from the Enterprise, and all interest, profits or other income derived from the investment of amounts in -10- indenture 6-08-09.doc any fund or account established pursuant to this Indenture, but excluding any moneys paid for deposit into the Rebate Fund and any amounts transferred from the Revenue Fund to the Rate Stabilization Fund; provided, however, that (i) any specific charges levied for the express purpose of reimbursing others for all or a portion of the cost of the acquisition or construction of specific facilities, (ii) grants which are designated by the grantor for a specific purpose and are therefore not available for other purposes, or (iii) customers' deposits or any other deposits subject to refund until such deposits have become the property of the Authority, are not Revenues and are not subject to the lien of the Indenture. Revenues shall include amounts on deposit in the Revenue Fund which have been previously released from the pledge and lien of this Indenture. "S&P" means Standard & Poor's Ratings Group, a division of McGraw Hill Incorporated, its successors and assigns. "Senior Bonds" means the South Bayside Waste Management Authority Solid Waste Enterprise Revenue Bonds (Bayside Environmental Center), Series 2009A, and any Senior Lien Obligations. "Senior Indenture" means the Indenture of Trust between the Trustee and the Authority, dated as of July 1, 2009,relating to the Senior Bonds. "Senior Lien Indenture" means the Senior Indenture and any agreement, resolution or other instrument then in full force and effect which has been duly adopted by the Authority, relating to the issuance of Senior Lien Obligations. "Senior Lien Obligations" means the Senior Bonds and all bonds, loans and any other indebtedness payable from the Net Revenues on a parity with the Senior Bonds, the franchise fee payment due under Section 12.6 of the Agreement, or otherwise payable on a basis senior to the payment of Debt Service hereunder. "Senior Trustee" means The Bank of New York Mellon Trust Company,N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States, or its successor or any other bank or trust company which may at any time be substituted in its place as provided in the Senior Indenture. "State"means the State of California. "Subordinate Net Revenues" means, for any period, Net Revenues during such period remaining after payment of all amounts required to be paid pursuant to the Senior Lien Obligations or a Senior Lien Indenture during such period, in an amount that is equal to Debt Service on the Bonds and any Subordinate Parity Obligations. "Subordinate Parity Obligation Indenture" means this Indenture and any agreement, resolution or other instrument then in full force and effect which has been duly adopted by the Authority, relating to the issuance of Subordinate Parity Obligations; but only if and to the extent that such Subordinate Parity Obligation Indenture is specifically authorized hereunder. -11- indenture 6-08-09.doc "Subordinate Parity Obligations" means all bonds, notes, loan agreements, installment sale agreements, leases or other obligations of the Authority, payable from and secured by a pledge of and lien upon any of the Subordinate Net Revenues incurred on a parity with the payment of the Debt Service Payments pursuant to Section 2.13. "Trust Office" means the office of the Trustee designated in Section 10.13 hereof, and such other offices as the Trustee may designate from time to time. "Trustee" means The Bank of New York Mellon Trust Company, N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States, or its successor or any other bank or trust company which may at any time be substituted in its place as provided in Section 7.01. "Waste Management Service" means the waste management service made available or provided by the Enterprise. Section 1.02. Equal Security. In consideration of the acceptance of the Bonds by the Owners, this Indenture shall be deemed to be and shall constitute a contract by and among the Trustee, the Authority and the Owners to secure the full and final payment of the interest and principal and redemption premiums, if any, to be made by the Authority on the Bonds, subject to the agreements, conditions, covenants and terms contained herein; and all agreements, conditions, covenants and terms contained herein required to be observed or performed by or on behalf of the Trustee shall be for the equal and proportionate benefit, protection and security of all Owners without distinction, preference or priority as to benefit, protection or security of any Bonds over any other Bonds by reason of the number or date thereof or the time of execution or delivery thereof or otherwise for any cause whatsoever, except as expressly provided herein or therein. ARTICLE II TERMS AND CONDITIONS OF BONDS Section 2.01. Authorization of Bonds. The Authority hereby authorizes the issuance of the Bonds in the aggregate principal amount of $ . The Bonds shall be designated "South Bayside Waste Management Authority Solid Waste Enterprise Subordinate Revenue Bonds (Bayside Environmental Center), Series 2009B (Taxable)." Section 2.02. Denominations Medium Method and Place of Payment and Dating of Bonds. The Bonds shall be issued in the form of fully registered Bonds in denominations of five thousand dollars ($5,000) or any integral multiple thereof. Subject to the provisions of Section 2.12 hereto, the interest, principal and redemption premiums, if any, on the Bonds shall be payable by check in lawful money of the United States of America. Subject to the provisions of Section 2.12 hereof, interest on the Bonds shall be payable on their Interest Payment Dates by check mailed via first class mail on the Interest Payment Date by the Trustee to the respective Owners thereof as of the Record Date at their addresses as they appear in the books required to -12- indenture 6-08-09.doc be kept by the Trustee pursuant to the provisions of Section 2.07 hereof or, upon the written request from any Owner of Bonds aggregating at least $1,000,000 in principal amount, received on or prior to the fifteenth day of the month preceding an applicable Interest Payment Date, by wire in Federal Reserve funds to an account within the United States on the Interest Payment Date, with regard to which such payment is made. The principal of the Bonds shall be payable on the Principal Payment Date, or on redemption prior thereto, upon surrender thereof at the Trust Office of the Trustee. In the event that the principal of the Bonds is not paid in full on the Principal Payment Date, interest shall continue to accrue on the unpaid principal amount of the Bonds at the rate provided for herein until such principal amount is paid in full. Amounts paid on the Bonds shall be applied first to the interest due thereon and, only after all such interest has been paid in full, shall then be applied to the principal due thereon. The Bonds shall bear interest at the rate of percent ( %) per annum. The Bonds shall be dated as of the Closing Date, and bear interest from the Interest Payment Date immediately preceding the date of authentication thereof by the Trustee, unless such date of authentication is on or after the fifteenth (15th) day of the calendar month prior to an Interest Payment Date, in which case they shall bear interest from such Interest Payment Date, or unless such date of authentication is on or before [August 1, 20091, in which case they shall bear interest from the Closing Date. Section 2.03. Interest on the Bonds. Interest on the Bonds shall be paid on each Interest Payment Date at the rates per annum set forth in Section 2.02 hereof, calculated on the basis of a 360-day year consisting of twelve 30-day months. Section 2.04. Form of Bonds. The Bonds and the assignment to appear thereon shall be in substantially the form set forth in Appendix A hereto with appropriate or necessary insertions, omissions and variations as permitted or required hereby. Section 2.05. Execution of Bonds. The Bonds shall be executed by the manual or facsimile signature of the Chairperson or Executive Director of the Authority, or their authorized representatives and shall be attested to by the manual or facsimile signature of the Authority Secretary or Assistant Authority Secretary. The Bonds shall be authenticated by the manual signature of an authorized officer of the Trustee. Section 2.06. Transfer and Exchange of Bonds. Subject to the provisions of Sections 2.11 and 2.12 hereof, (a) each Bond shall be transferable only upon a register of the names of each Owner (the "Bond Register"), which shall be kept for that purpose at the Trust Office, by the Owner thereof in person or by his or her attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Trustee duly executed by the Owner or his or her duly authorized attorney. Upon the transfer of any such Bond, the Trustee shall provide in the name of the transferee, a new Bond or Bonds, of the same aggregate principal amount, interest rate and maturity as the surrendered Bonds (unless there has occurred a partial redemption of such Bond pursuant to Section 4.01 hereof, in which case the principal -13- indenture 6-08-09.doc amount of the new Bond shall be equal to the unredeemed principal amount of the Bond submitted for transfer). (b) The Trustee shall deem and treat the person in whose name any Outstanding Bond shall be registered upon the Bond Register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such Owner or upon his or her order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the Authority nor the Trustee shall be affected by any notice to the contrary. The Authority agrees to indemnify and save the Trustee harmless from and against any and all loss, cost, charge, expense,judgment or liability incurred by it, acting in good faith and without negligence or willful misconduct under the Indenture, in so treating such Owner. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the Trustee shall execute and deliver Bonds in accordance with the provisions of this Article. All Bonds surrendered in any such exchanges or transfers shall forthwith be canceled by the Trustee. For every such exchange or transfer of Bonds, whether temporary or definitive, the Authority and the Trustee may make a charge sufficient to reimburse any of them for any tax, fee or other governmental charge, other than one imposed by the Authority, required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision hereof, the cost of preparing each new Bond and any other expenses of the Authority or the Trustee incurred in connection therewith(except any applicable tax, fee or other governmental charge other than one imposed by the Authority) shall be paid by the Authority. The Trustee shall not be obliged to effect any exchange or transfer of any Bond during the period after the mailing of notice calling such Bond or a portion thereof for redemption, nor during the fifteen (15) days preceding the giving of such notice of redemption. Section 2.07. Bond Registration Books. The Trustee shall keep or cause to be kept at its Principal Office a Bond Register, which shall, during normal business hours upon reasonable prior written notice be open to inspection by the Authority; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations consistent herewith as it may prescribe, register or transfer or cause to be registered or transferred, on the Bond Register, Bonds as herein before provided. Section 2.08. Temporary Bonds. Pending preparation of the definitive Bonds, any Bonds delivered under the Indenture may be initially delivered in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Authority, shall be without coupons and may contain such reference to any of the provisions hereof as may be appropriate. Every temporary Bond shall be authenticated by the Trustee and be delivered by the Trustee upon the same conditions and in substantially the same manner as definitive Bonds. If the Trustee delivers temporary Bonds, it shall authenticate and furnish definitive Bonds without delay and, thereupon, the temporary Bonds shall be surrendered for cancellation at the Principal -14- indenture 6-08-09.doc Office of the Trustee and the Trustee shall deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations of the same interest rate or rates and maturity or maturities. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under the Indenture as definitive Bonds delivered pursuant hereto. Section 2.09. Bonds Mutilated, Destroyed, Lost or Stolen. If any Bond shall become mutilated, the Trustee, at the expense of the Owner of said Bond, shall authenticate and deliver a new Bond of like tenor in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and destroyed or redelivered to, or upon the order of, the Authority. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft shall be submitted to the Trustee, and, if such evidence is satisfactory to the Trustee and if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner, shall authenticate and deliver a new Bond of like tenor and numbered as the Trustee shall determine in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Trustee may require payment of a reasonable fee for each new Bond delivered under this Section and of the reasonable expenses which may be incurred by the Trustee in carrying out the duties under this Section 2.09. Any Bond issued under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall be equally and proportionately entitled to the benefits hereof with all other Bonds secured by the Indenture. The Trustee shall not be required to treat both the original Bond and any replacement Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued under the Indenture or for the purpose of determining any percentage of Bonds Outstanding under the Indenture, but both the original and replacement Bond shall be treated as one and the same. Notwithstanding any other provision of this Section 2.09, in lieu of delivering a new Bond for a Bond which has been mutilated, lost, destroyed or stolen and which has matured, the Trustee may make payment of such Bond upon receipt of indemnification satisfactory to the Trustee. Section 2.10. Evidence of Signatures of Bond Owners and Ownership of Bonds. Any request, direction, consent, revocation of consent, or other instrument in writing required or permitted by the Indenture to be signed or executed by Bond Owners may be in any number of concurrent instruments of similar tenor, and may be signed or executed by such Bond Owners in person or by their attorneys or agents appointed by an instrument in writing for that purpose. Proof of the execution of any such instrument, or of any instrument appointing any such attorney or agent, and of the holding and ownership of Bonds shall be sufficient for any purpose hereof (except as otherwise herein provided), if made in the Form of the Assignment attached to the Bond in Appendix A hereto. Nothing contained in this Article shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters herein stated which to the Trustee may seem sufficient. Any request or consent of the Owner of any Bond shall bind every future Owner of the same Bond in respect of anything done or suffered to be done by the Authority or the Trustee in pursuance of such request or consent. -15- indenture 6-08-09.doc Section 2.11. Registration of Exchange or Transfer. Subject to the limitations set forth in this Section 2.11, the registration of any Bond or Subordinate Parity Obligation may, in accordance with its terms, be transferred upon the Bond Register by the person in whose name it is registered, in person or by his or her duly authorized attorney, upon surrender of such Bond or Subordinate Parity Obligation for cancellation at the Principal Office of the Trustee, accompanied by delivery of written instrument of transfer in a form acceptable to the Trustee and duly executed by the Bondowner or his or her duly authorized attorney. Unless the Authority, in its sole discretion, waives the provisions of this paragraph in a Supplemental Indenture relating to an issue of Subordinate Parity Obligations,the following shall apply to all sales and transfers of the Bonds after the initial sale and delivery of the Bonds: (i) The Bonds, in the form attached hereto as Exhibit A, shall be physical certificated instruments, and shall not be held in the Depository's book-entry only system; (ii) The Bonds shall only be sold and transferred to another Member Agency; (iii) The Trustee shall not authenticate or register a Bond unless there shall have been delivered to the Trustee an Investor Letter executed by the proposed transferee of the Bonds; (iv) No transfer or exchange shall be made that would cause there to be more than 15 Registered Owners of the Bonds. In the event that an Owner is proposing to transfer its Bond to more than one Member Agency and such proposed transfers would cause the total number of Registered Owners to exceed 15, then the Trustee shall so notify the Owner and shall not be obligated to make such proposed transfers; and (v) The Bondowners shall not participate in the payments of principal of or interest on the Bonds to any other person or entity without the prior written consent of the Authority. -16- indenture 6-08-09.doc Section 2.12. Book Enja System. The Authority, at its sole option, may require all Owners to surrender their Bonds in order to include the Bonds in the Depository's book-entry system. If the Authority elects to utilize the Depository's book-entry system for the Bonds, the Bonds shall be delivered to the Trustee as agent for the Depository in the form of a separate single fully registered Bond (which may be typewritten) for each of the maturities of the Bonds, and the provisions of this Section 2.12 shall be applicable to the Bonds. Upon such delivery, the ownership of each such Bond shall be registered in the registration books kept by the Trustee in the name of the Nominee as nominee of the Depository. Except as provided in Sections 2.11 and 2.12(c) hereof, all of the Outstanding Bonds shall be registered in the registration books kept by the Trustee in the name of the Nominee. At the election of the Authority, any Subordinate Parity Obligations may also be issued as book-entry bonds registered in the name of the Nominee as provided herein, in which case the references in this Section to "Bonds" shall be applicable to such Subordinate Parity Obligations. (a) Original Delivery. At the election of the Authority to include the Bonds in the Depository's book-entry system, the Bonds shall be delivered in the form of a separate single fully registered Bond (which may be typewritten) for each maturity. Upon delivery, the ownership of each such Bond shall be registered on the Bond Register kept by the Trustee in the name of the Nominee. Except as provided in subsection (c), the ownership of all of the Outstanding Bonds shall be registered in the name of the Nominee. With respect to Bonds the ownership of which shall be registered in the name of the Nominee, the Authority and the Trustee shall have no responsibility or obligation to any Depository System Participant or to any person on behalf of which the Authority holds an interest in the Bonds. Without limiting the generality of the immediately preceding sentence, the Authority and the Trustee shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee or any Depository System Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository System Participant or any other person, other than a Bond Owner as shown in the Bond Register, or any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed in the event the Authority elects to redeem the Bond in part, (iv) the payment to any Depository System Participant or any other person, other than a Bond Owner as shown in the Bond Register, of any amount with respect to principal, premium, if any, or interest on the Bonds, or (v) any consent given or other action taken by the Depository as Owner of the Bonds. The Authority and the Trustee may treat and consider the person in whose name each Bond is registered as the absolute owner of such Bonds for the purpose of payment of principal of, premium, if any, and interest on such Bonds for the purpose of giving notices of redemption and other matters with respect to such Bonds, for the purpose of registering transfers of ownership of such Bonds, and for all other purposes whatsoever. The Trustee shall pay the principal of and the interest and premium, if any, on the Bonds only to the respective Owners or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to payment of principal of and interest and premium, if any, on the Bonds to the extent of the sum or sums so paid. No person other than an Owner shall receive a Bond evidencing the obligation of the Authority to make payments of principal, interest and premium, if any, pursuant to this Indenture. Upon delivery by the Depository to the Nominee of written notice to the effect -17- indenture 6-08-09.doc that the Depository has determined to substitute a new Nominee in its place, and subject to the provisions herein with respect to Record Dates, such new nominee shall become the Nominee hereunder for all purposes; and upon receipt of such a notice of the Authority shall promptly, but in no event later than two (2) Business Days after receipt thereof, deliver a copy of the same to the Trustee. (b) Representation Letter. In order to qualify the Bonds for the Depository's book- entry system, to the extent it has not already done so the Authority shall execute and deliver to such Depository a letter (the "Letter of Representations") representing such matters as shall be necessary to so qualify the Bonds. The execution and delivery of such letter shall not in any way limit the provisions of subsection (a) above or in any other way impose upon the Authority or the Trustee any obligation whatsoever with respect to persons having interests in the Bonds other than the Bond Owners. In addition to the execution and delivery of such letter, the Authority may take any other actions, not inconsistent with this Indenture, to qualify the Bonds for the Depository's book-entry program. (c) Transfers Outside Book-E= System. In the event that either (i) the Depository determines not to continue to act as Depository for the Bonds, or (ii) the Authority determines to terminate the Depository as such, then the Authority shall thereupon discontinue the book-entry system with such Depository. In such event, the Depository shall cooperate with the Authority and the Trustee in the issuance of replacement Bonds by providing the Trustee with a list showing the interests of the Depository System Participants in the Bonds, and by surrendering the Bonds, registered in the name of the Nominee, to the Trustee on or before the date such replacement Bonds are to be issued. The Depository, by accepting delivery of the Bonds, agrees in the Letter of Representations to be bound by the provisions of this subsection(c). If, prior to the termination of the Depository acting as such, the Authority fails to identify another qualified securities depository to replace the Depository, then the Bonds shall no longer be required to be registered in the Bond Register in the name of the Nominee, but shall be registered in whatever name or names the Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Section 2.12 hereof. In the event the Authority determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain Bonds, the Authority may notify the Depository System Participants of the availability of such Bond through the Depository. In such event, the Trustee will, at the expense of the Authority, authenticate, transfer and exchange Bonds as required by the Depository and others in appropriate amounts; and whenever the Depository so requests, the Authority shall cooperate with the Depository in taking appropriate action (i) to make available one or more separate Bonds evidencing the Bonds to any Depository System Participant having Bonds credited to its account with the Depository, or(ii)to arrange for another qualified securities depository to maintain custody of a single Bond evidencing such Bonds, all at the Authority's expense. (d) Payments to the Nominee. Notwithstanding any other provision of the Indenture to the contrary, so long as any Bond is registered in the name of the Nominee, all payments with respect to principal of and interest and premium, if any, on such Bonds and all notices with -18- indenture 6-08-09.doc respect to such Bonds shall be made and given, respectively, as provided in the Letter of Representations or as otherwise instructed in writing by the Depository. Section 2.13. Subordinate Parity Obligations. (a) The Authority may at any time issue Subordinate Parity Obligations payable from Subordinate Net Revenues on a parity with the Debt Service Payments to provide financing for Project Costs or refinancing of the Bonds or any Subordinate Parity Obligations in such principal amount as shall be determined by the Authority. The Authority may issue or incur any such Subordinate Parity Obligations subject to the following specific conditions which are hereby made conditions precedent to the issuance and delivery of such Subordinate Parity Obligations: (1) No Event of Default shall have occurred and be continuing (unless the express purpose of the Subordinate Parity Obligations is to cure such Event of Default); (2) The Subordinate Net Revenues for twelve consecutive months out of the eighteen months preceding the date of the issuance of the Subordinate Parity Obligations, as shown by a Consultant's Report on file with the Trustee; plus (i) An allowance for Subordinate Net Revenues for such twelve month period from any additions, betterments or improvements to the Enterprise which have been made from any source but which, during all or any part of such period, were not in service, in an amount equal to one hundred per cent(100%) of the amount by which the Subordinate Net Revenues would have been increased if such addition, betterment or improvement had been in service during the whole of such twelve month period, as shown by a Consultant's Report on file with the Trustee; and (ii) An allowance for increased Subordinate Net Revenues arising from any increase in the rates, fees and charges for the Enterprise which became effective prior to the date of the issuance of such additional Series of Bonds or Subordinate Parity Obligations but which, during all or any part of such twelve month period, was not in effect, in an amount equal to one hundred per cent (100%) of the amount by which the Subordinate Net Revenues would have been increased if such increase in rates, fees and charges had been in effect during the whole of such period, as shown by a Consultant's Report on file with the Trustee, shall have produced a sum equal to at least 1.00 times the Maximum Annual Debt Service on all then Outstanding Bonds and any Subordinate Parity Obligations; provided, that in the event all or any portion of the Subordinate Parity Obligations is to be issued for the purpose of refunding any Bonds or Subordinate Parity Obligations then Outstanding, interest and principal payments on the Bonds or Subordinate Parity Obligations to be so refunded from the proceeds of such Subordinate Parity Obligations being issued shall be excluded from the foregoing computation of Maximum Annual Debt Service. The provisions of subsection (2) of this Section shall not apply to any Subordinate Parity Obligations if all of the proceeds of which (other than proceeds applied to pay costs of issuing -19- indenture 6-08-09.doc such Subordinate Parity Obligations) shall be deposited in an irrevocable escrow held in cash or invested in Federal Securities for the purpose of paying the principal of and interest and premium (if any) on any Outstanding Bonds or on any outstanding Subordinate Parity Obligations, if(i) at the time of the incurring of such Subordinate Parity Obligations,the Authority certifies in writing that maximum annual debt service on such Subordinate Parity Obligations will not exceed Maximum Annual Debt Service on the Outstanding Bonds or Subordinate Parity Obligations to be refunded, and(ii)the final maturity of such Subordinate Parity Obligations is not later than the final maturity of the refunded Bonds or Subordinate Parity Obligations. (b) In order to maintain the parity relationship of the Debt Service Payments to all Subordinate Parity Obligations permitted hereunder, the Authority covenants that all payments in the nature of principal and interest with respect to any Subordinate Parity Obligations, will be structured to occur semi-annually on the Interest Payment Dates and in each year as such payments are due with respect to the Debt Service Payments, and to otherwise structure the terms of such Subordinate Parity Obligations to ensure that they are in all respects payable on a parity with the Debt Service Payments and not prior thereto. (c) The Authority may at any time execute contracts or issue bonds or other indebtedness payable from Subordinate Net Revenues or the Revenue Fund payable on a subordinated basis to the payment of the Debt Service Payments. Section 2.14. Senior Lien Obligations. Notwithstanding any other provision of this Indenture, the Authority may at any time issue Senior Lien Obligations, provided it is in compliance with the provisions of Section 5.16 hereof following the issuance of such Senior Lien Obligation. ARTICLE III PROCEEDS OF BONDS; PLEDGE OF SUBORDINATE NET REVENUES Section 3.01. Delivery of Bonds; Payment of Debt Service. The Trustee is hereby authorized to authenticate the Bonds and upon receipt of the proceeds of sale thereof deliver the Bonds to the initial purchaser thereof upon receipt of a Certificate of the Authority. The Authority shall pay Debt Service Payments, without offset or deduction of any kind, by payment in immediately available funds which constitute legal tender of the United States of America. The obligation of the Authority to make Debt Service Payments from Subordinate Net Revenues is absolute and unconditional, and until such time as all Debt Service Payments shall have been fully paid and the Bonds are no longer Outstanding (or provision for the payment thereof shall have been made pursuant to Article IX), the Authority will not, under any circumstances, discontinue, abate or suspend any payment due hereunder when due, whether or not the Enterprise is operating or operable or has been completed, or whether or not the Enterprise is condemned, damaged, destroyed or seized or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such payments shall not be subject to reduction whether by offset, counterclaim, defense, recoupment, abatement, suspension, -20- indenture 6-08-09.doc deferment or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement or covenant contained herein for any cause whatsoever. In order to provide for the timely payment of Debt Service Payments, the Authority agrees and covenants that it will, from Subordinate Net Revenues on deposit in the Revenue Fund, on each Due Date, deposit with the Trustee, an amount equal to the interest due on the immediately succeeding Interest Payment Date, and the principal due on the Principal Payment Date. The Authority will make such deposits without preference or priority over any payment due on any Subordinate Parity Obligations, and in the event of any insufficiency of such money ratably without any discrimination or preference, in accordance with the applicable resolution, ordinance or agreement. Section 3.02. Depositing of Proceeds of Bonds and Other Amounts. On the Closing Date the Trustee shall receive $ (principal amount of the Bonds of $_ as the purchase price of the Bonds. The Trustee shall transfer $ of the Bond proceeds to the Senior Trustee for deposit in the Delivery Costs Fund, and $ of the Bond proceeds to the Senior Trustee for deposit in the Project Fund. The Trustee may establish a temporary fund or account in its records to facilitate such deposits or transfers. Section 3.03. Deposit of Debt Service Payments. All Debt Service Payments with respect to the Bonds shall be paid directly by the Authority to the Trustee on the applicable Due Date. Such payments received by the Trustee shall be held in trust by the Trustee under the terms hereof and shall be deposited by it as and when received in the Subordinate Debt Service Account of the Payment Fund, which fund the Trustee hereby agrees to establish and maintain so long as any Bonds are Outstanding. Section 3.04. PUment Fund. Within the Payment Fund the Trustee shall establish a Subordinate Debt Service Account and a Redemption Account. Debt Service Payments made by the Authority shall be deposited by the Trustee in the Subordinate Debt Service Account. Such payments shall be net of amounts already on deposit therein that are in excess of the amount required to accumulate therein pursuant to Section 3.01. The Trustee shall transfer the money contained in the Subordinate Debt Service Account and the Redemption Account at the following respective times in the following respective accounts in the following order of priority in the manner hereinafter provided, each of which accounts the Trustee hereby agrees to establish and maintain so long as any Bonds are Outstanding, and the money in each of such accounts shall be disbursed only for the purposes and uses hereinafter authorized: (a) Subordinate Debt Service Account. All moneys in the Subordinate Debt Service Account shall be used and withdrawn by the Trustee solely for the purpose of paying interest on the Bonds on each Interest Payment Date and principal of the Bonds on the Principal Payment Date, or mandatory redemption dates, as applicable. (b) Redemption Account. The Trustee, on the optional redemption date specified in the Certificate of the Authority filed with the Trustee at the time that any moneys to accomplish any such optional redemption are paid to the Trustee, shall deposit in the Redemption Account the amount of such payment. All money in the Redemption Account shall be used and -21- indenture 6-08-09.doc withdrawn by the Trustee solely for the purpose of paying the interest and principal on the Bonds to be optionally redeemed on their respective redemption dates. Section 3.05. Reserved. Section 3.06. Reserved. Section 3.07. Held in Trust. The moneys and investments held by the Trustee under Sections 3.03 and 3.04 are irrevocably held in trust for the benefit of the Owners, and for the purposes herein specified, and such moneys, and any income or interest earned thereon, shall be expended only as provided in this Indenture, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of the Trustee or the Authority. Section 3.08. Commingling of Moneys in Funds. The Trustee is directed by the Authority to commingle any of the funds held by it pursuant to this Indenture into a separate fund or funds for investment purposes only; provided, however, that all funds or accounts held by the Trustee hereunder shall be accounted for separately notwithstanding such commingling by the Trustee. Section 3.09. Reserved. Section 3.10. Pledge of Subordinate Net Revenues and Other Funds. All of the Subordinate Net Revenues are hereby irrevocably pledged to the punctual payment of the Debt Service Payment and such Subordinate Net Revenues shall not be used for any other purpose while any of the Bonds remain outstanding, except as provided herein. This pledge shall constitute a first lien on the Subordinate Net Revenues for the payment of the Debt Service Payments, and payments in accordance with the terms hereof and thereof. Section 3.11. Receipt and Deposit of Revenues; Revenue Fund. The Authority covenants and agrees that all Subordinate Net Revenues, when and as received, will be received and held by the Authority in trust for the benefit of Bond Owners and payments with respect to Subordinate Parity Obligations, and will be deposited by the Authority in the Revenue Fund (which the Authority hereby covenants and agrees to maintain so long as any Bonds remain Outstanding) and will be accounted for and held in trust for the benefit of Bond Owners and for payments with respect to Subordinate Parity Obligations in the Revenue Fund. All Subordinate Net Revenues shall be disbursed, allocated and applied solely to the uses and purposes set forth in this Article III. All Revenues in the Revenue Fund shall be set aside by the Authority or deposited by the Authority with the Trustee, or the trustee or fiscal agent with respect to Subordinate Parity Obligations, as the case may be, as follows and in the following order of priority: (1) Maintenance and Operation Costs of the Enterprise. In order to carry out and effectuate the pledge and lien contained herein,the Authority agrees and covenants to pay all Maintenance and Operation Costs of the Enterprise (including amounts reasonably required to be set aside in contingency reserves for Maintenance and Operation Costs of -22- indenture 6-08-09.doc the Enterprise, the payment of which is not then immediately required) from the Revenue Fund as they become due and payable. Pursuant to Section 5.10 hereof, the Authority shall annually prepare a budget for Maintenance and Operation Costs. (2) Senior Debt Service Funds. Payments payable pursuant to the Senior Lien Indentures and all other payments relating to principal and interest on or with respect to Senior Lien Obligations, shall be paid in accordance with the terms of such Senior Lien Obligations, without preference or priority, and in the event of any insufficiency of such moneys,ratably without any discrimination or preference. (3) Reserve Funds. Payments with respect to Senior Lien Obligations, to replenish debt service reserve funds established for such Senior Lien Obligations shall be made in accordance with the terms of such Senior Lien Obligations,without preference or priority, and in the event of any insufficiency of such moneys, ratably without any discrimination or preference. (4) Subordinate Debt Service Funds. Debt Service Payments payable pursuant to Section 3.01 hereof and all other payments relating to principal and interest on or with respect to Subordinate Parity Obligations, shall be paid in accordance with the terms hereof and of such Subordinate Parity Obligations, without preference or priority, and in the event of any insufficiency of such moneys, ratably without any discrimination or preference. (5) General Expenditures; Surplus. All Revenues not required to be withdrawn pursuant to the provisions of (1) through (4) above shall be used for expenditure for any lawful purpose of the Authority, including payment of Maintenance and Operation Costs of the Enterprise or payment of any rebate requirement or of any obligation subordinate to the payment of all amounts due hereunder or under Subordinate Parity Obligations, or for deposits into the Rate Stabilization Fund. The parties hereto acknowledge that although all Subordinate Parity Obligations are secured equally and ratably by applicable Subordinate Net Revenues, moneys with respect to obligations other than the Bonds may be held by the Trustee or by trustees other than the Trustee under documents and agreements other than the Indenture, and the Indenture imposes no obligations upon the Trustee with respect to such other obligations. The Authority shall make such transfers from the Revenue Fund necessary to effectuate such obligations' parity claim on such Subordinate Net Revenues contemplated hereby. Section 3.12. Liability of Authority Limited. Notwithstanding anything contained herein, the Authority shall not be required to advance any moneys derived from any source of income other than Subordinate Net Revenues legally available therefor in the Revenue Fund and the other funds provided herein for the payment of the Debt Service Payments or for the performance of any agreements or covenants contained herein required to be performed by it. The Authority may, however, but shall not be required to, advance moneys for any such purpose so long as such moneys are derived from a source legally available for such purpose and may be legally used by the Authority for such purpose. -23- indenture 6-08-09.doc The obligation of the Authority to make the Debt Service Payments and the other amounts due hereunder is a special obligation of the Authority payable solely from the moneys legally available therefor hereunder, and does not constitute a debt of the Authority or of the State of California or of any political subdivision thereof within the meaning of any constitutional or statutory debt limitation or restriction. ARTICLE IV REDEMPTION OF BONDS Section 4.01. Terms of Redemption. The Bonds are subject to optional redemption on any date, in whole or in part, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest to the redemption date, without a premium. Section 4.02. Selection of Bonds for Redemption. In the event that part, but not all, of the Bonds are to be redeemed, the Bonds to be redeemed shall be selected by the Trustee by lot. For the purpose of the selection described in this Section, all Bonds registered in the name of the same Owner shall be aggregated and treated as a single Bond held by such Owner. Notwithstanding any of the foregoing, in any such partial redemption the Trustee shall call the Bonds in integral multiples of$5,000. In the event of a redemption for which the Trustee does not have monies available to redeem the entire amount scheduled for redemption, the Trustee shall redeem Bonds of the applicable maturity or maturities by lot up to a principal amount equal to the available monies. Section 4.03. Notice of Redemption; Rescission. When redemption is authorized or required pursuant to this Article, the Trustee shall give notice (the "Redemption Notice"), at the expense of the Authority, of the redemption of the Bonds. Such Redemption Notice shall specify: (a) the Bonds or designated portions thereof(in the case of redemption of the Bonds in part but not in whole) which are to be redeemed, (b) the date of redemption, (c) the place or places where the redemption will be made, including the name and address of any paying agent, (d) the redemption price, (e) the CUSIP numbers (if any) assigned to the Bonds to be redeemed, (f) if less than all the Bonds are to be redeemed, the certificate numbers of the Bonds to be redeemed and, in the case of any Bond to be redeemed in part only, the amount of such Bond to be redeemed, and(g) the original issue date, interest rate and stated maturity date of each Bond to be redeemed in whole or in part. Such Redemption Notice shall further state that on the specified date there shall become due and payable upon each Bond or portion thereof being redeemed the redemption price, together with interest accrued to the redemption date, and that from and after such date interest with respect thereto shall cease to accrue and be payable. Such notice in respect of optional or extraordinary casualty redemption shall not be provided unless there has been deposited with the Trustee funds sufficient to pay such redemption price (except in the case of redemption resulting from the issuance of refunding obligations). Subject to the provisions stated above, at least thirty (30) but not more than forty-five (45) days prior to the redemption date the Trustee shall cause Redemption Notices to be given to -24- indenture 6-08-09.doc the respective Owners of Bonds designated for redemption by first class mail, postage redeemed, at their addresses appearing on the Bond Register maintained by the Trustee. In addition to the foregoing notice, further notice shall be given by the Trustee as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. So long as the Bonds are held under the Depository's book-entry system, further notice of redemption shall be sent not later than the date that notice of redemption is mailed to the Bondowners pursuant to the first paragraph of this Section by registered or certified mail or overnight delivery service to the Depository and to any other registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds as determined by the Trustee and to one or more national information services that the Trustee determines are then in the business of disseminating notice of redemption of obligations such as the Bonds. Neither failure to receive any Redemption Notice nor any defect in such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds. Each check or other payment method used by the Trustee for the purpose of redeeming Bonds shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. The Authority shall have the right to rescind any optional redemption by written notice to the Trustee on or prior to the date fixed for redemption. Any such notice of optional redemption shall be canceled and annulled if for any reason funds will not be or are not available on the date fixed for prepayment for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default under this Indenture. The Authority and the Trustee shall have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Trustee shall mail notice of such rescission of redemption in the same manner as the original notice of redemption was sent. Section 4.04. Partial Redemption of Bonds. Upon surrender of any Bond redeemed in part only, the Trustee shall authenticate and deliver to the Owner thereof a new Bond or Bonds equal to the unredeemed principal amount of the Bond surrendered. Section 4.05. Effect of Redemption. Notice having been given as aforesaid, and the moneys for the redemption, including interest to the applicable redemption date of the Bonds to be redeemed, having been set aside in the Redemption Account or Payment Account,the portion of Bonds to be redeemed shall become due and payable on said redemption date, and, upon presentation and surrender thereof at the office or offices specified in said notice, said Bonds shall be paid at the unpaid principal amount and premium, if any, with respect thereto, plus any unpaid and accrued interest to said redemption date. If, on said redemption date, moneys sufficient for the redemption of all the Bonds to be redeemed, together with interest to said redemption date shall be held by the Trustee so as to be -25- indenture 6-08-09.doc available therefor on such redemption date, and, if notice of redemption thereof shall have been given as aforesaid, then, from and after said redemption date, interest with respect to the portion of Bonds to be redeemed shall cease to accrue and become payable. If said moneys shall not be so available on said redemption date, interest with respect to such portion of Bonds shall continue to be payable until paid at the same rates as they would have been payable had they not been called for redemption. All moneys held by or on behalf of the Trustee for the redemption of particular Bonds shall be held in trust for the account of the Owners of the Bonds so to be redeemed for the lesser of two (2) years or the period ending one day prior to the date such moneys would escheat to the State. Subject to any applicable escheat laws, after the earlier of two (2) years or the period ending one day prior to the date such moneys would escheat to the State,the Trustee will pay over to the Authority the unclaimed money for the years to which such money applies, if any, and thereafter the Owners of such Bonds shall be entitled to payment on their Bonds only from the Authority and only from the amounts so paid to the Authority. The Trustee shall have no obligation to determine what applicable escheat law applies, but shall only be required to follow the Authority's written instructions to comply with this Section. ARTICLE V COVENANTS OF THE AUTHORITY AND THE TRUSTEE Section 5.01. Compliance with Indenture. The Authority will not suffer or permit any material default by it to occur hereunder, but will faithfully comply with, keep, observe and perform all the agreements, conditions, covenants and terms hereof required to be complied with, kept, observed and performed by it. Section 5.02. Observance of Laws and Regulations. The Authority will faithfully comply with, keep, observe and perform all valid and lawful obligations or regulations now or hereafter imposed on it by contract, or prescribed by any law of the United States of America or of the State of California, or by any officer, board or commission having jurisdiction or control, as a condition of the continued enjoyment of each and every franchise, right or privilege now owned or hereafter acquired by it, including their right to exist and carry on their respective businesses, to the end that such franchises, rights and privileges shall be maintained and preserved and shall not become abandoned, forfeited or in any manner impaired. Section 5.03. Prosecution and Defense of Suits. The Authority will promptly, upon request of the Trustee or any Owner, take such action from time to time as may be necessary or proper to remedy or cure any cloud upon or defect in the title to the Enterprise or any part thereof, whether now existing or hereafter developing, will prosecute all actions, suits or other proceedings as may be appropriate for such purpose and will indemnify and save the Trustee and every Owner harmless from all cost, damage, expense or loss, including reasonable attorneys' fees, which they or any of them may incur by reason of any such cloud, defect, action, suit or other proceeding. Section 5.04. Accounting Records and Statements. The Trustee will keep proper accounting records in which complete and correct entries shall be made of all transactions made by the Trustee relating to the receipt, deposit and disbursement of the Debt Service Payments, -26- indenture 6-08-09.doc and such accounting records shall be available for inspection by the Authority or any Owner or his or her agent duly authorized in writing on any Business Day upon reasonable notice at reasonable hours and under reasonable conditions prescribed by the Trustee. So long as any Bonds are Outstanding, the Trustee will furnish each month to the Authority and any Owner who may so request in writing (at the expense of such Owner) a statement covering the receipts, deposits and disbursements of the Debt Service Payments for the preceding monthly period; provided, that the Trustee shall not be obligated to deliver an accounting for any fund or account that(i)has a balance of zero, or(ii)has not had any activity since the last reporting date. Section 5.05. Further Assurances. Whenever and so often as requested to do so by the Trustee or any Owner, the Authority will promptly execute and deliver or cause to be executed and delivered all such other and further assurances, documents or instruments and promptly do or cause to be done all such other and further things as may be necessary or reasonably required in order to further and more fully vest in the Trustee and the Owners all advantages, benefits, interests, powers, privileges and rights conferred or intended to be conferred upon them by this Indenture. Section 5.06. Against Encumbrances. The Authority hereby covenants that there is no pledge of or lien on Subordinate Net Revenues senior to the pledge and lien securing the Bonds. The Authority will not make any pledge of or place any lien on the Subordinate Net Revenues, provided that the Authority may at any time, or from time to time, pledge or encumber the Subordinate Net Revenues in connection with the issuance or execution of Subordinate Parity Obligations or other obligations permitted by Sections 2.13 and 2.14 hereof, or subordinate to the pledge of Subordinate Net Revenues herein. Section 5.07. Against Sale or Other Disposition of Property. The Authority will not sell, lease, encumber or otherwise dispose of the Enterprise or any part thereof; provided however, any real or personal property which has become nonoperative or which is not needed for the efficient and proper operation of the Enterprise, or any material or equipment which has become worn out, may be sold or exchanged at not less than the fair market value thereof and the proceeds (if any) of such sale or exchange shall be deposited in the Revenue Fund. The Authority will not enter into any agreement or lease which would impair the ability of the Authority to meet the covenant set forth in Section 5.16 hereof or which would otherwise impair the rights of the Owners or the operation of the Enterprise. Section 5.08. Against Competitive Facilities. The Authority will not, to the extent permitted by law, acquire, purchase, maintain or operate and will not, to the extent permitted by law and within the scope of its powers, permit any other public or private agency, corporation, district or political subdivision or any person whomsoever to acquire, purchase, maintain or operate any solid waste management system competitive with the Enterprise, unless the governing board of the Authority determines by resolution that any such actions with respect to competitive facilities will not materially adversely affect the ability of the Authority to fulfill its obligations under this Indenture; provided, however, that the Authority may assign all or a portion of the Enterprise to another entity upon delivery to the Trustee of an opinion of nationally -27- indenture 6-08-09.doc recognized bond counsel that such assignment will not adversely affect the tax-exempt status of the Bonds, and provided such entity assumes the obligations of the Authority hereunder. Section 5.09. Reserved. Section 5.10. Maintenance and Operation of the Enterprise,• Budgets, Operating Agreement. The Authority will maintain and preserve the Enterprise in good repair and working order at all times and will operate the Enterprise in an efficient and economical manner. The Authority will pay all Maintenance and Operation Costs of the Enterprise as they become due and payable. On or before August 1 of each year, the Authority will file with the Trustee a certificate stating that Maintenance and Operation Costs of the Enterprise and Debt Service Payments are included in the Authority budget for the coming Fiscal Year. The Trustee shall not be required to review, and shall not be deemed to have knowledge of, the contents of such budget, it being understood that the Trustee shall receive and hold such budget as repository for examination and copying by any Owner at such Owner's expense. The Authority shall provide or cause the provision of sufficient capacity for the disposal of solid waste generated within the service areas of the members of the Authority, so as to enable it to comply with the rate covenants set forth in Section 5.16 hereof; provided, that the Authority may provide such capacity by making available transfer and/or disposal facilities owned and operated by the Authority or by making contractual or other arrangements for the use of transfer and/or disposal facilities (either inside or outside the geographic boundaries of the members of the Authority) owned or operated by persons other than the Authority. The Authority shall also carry out and enforce the provisions of the Operation Agreement; provided_that nothing in this Indenture shall be construed to interfere with the Authority's judgment in determining what remedies to enforce in the event of a default by the Operator in performing services under the Operation Agreement. Section 5.11. Payment of Claims. The Authority will pay and discharge any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien on the Subordinate Net Revenues or any part thereof or on any funds in the control of the Authority or the Trustee prior or superior to the lien of the Bonds or which might impair the security of the Bonds; provided the Authority shall not be obligated to make such payment so long as the Authority contracts such payment in good faith. Section 5.12. Compliance with Contracts. The Authority will comply with, keep, observe and perform all agreements, conditions, covenants and terms, expressed or implied, required to be performed by it contained in all contracts for the use of the Enterprise and all other contracts affecting or involving the Enterprise to the extent that the Authority is a party thereto. Section 5.13. Insurance. (a) The Authority will procure and maintain insurance on the Enterprise with commercial insurers or through participation in a joint powers insurance authority, in such amounts, with such deductibles and against such risks (including accident to or destruction of the Enterprise) as are usually insurable in accordance with industry standards with respect to similar enterprises. -28- indenture 6-08-09.doc In the event of any damage to or destruction of the Enterprise caused by the perils covered by such insurance, the proceeds of such insurance shall be applied to the repair, reconstruction or replacement of the damaged or destroyed portion of the Enterprise. The Authority shall cause such repair, reconstruction or replacement to begin promptly after such damage or destruction shall occur and to continue and to be properly completed as expeditiously as possible, and shall pay out of the proceeds of such insurance all costs and expenses in connection with such repair, reconstruction or replacement so that the same shall be completed and the Enterprise shall be free and clear of all liens and claims. If the proceeds received by reason of any such loss shall exceed the costs of such repair, reconstruction or replacement, the excess shall be first applied to the redemption of all Senior Lien Obligations, and then to the redemption of Bonds. Alternatively, if the proceeds of such insurance are sufficient to enable the Authority to retire all outstanding Senior Lien Obligations, Subordinate Parity Obligations and the Bonds and all other amounts due hereunder, the Authority may elect not to repair, reconstruct or replace the damaged or destroyed portion of the Enterprise, and thereupon such proceeds shall be applied to the redemption of such Senior Lien Obligations, Subordinate Parity Obligations and Bonds and to the payment of all other amounts due hereunder, and as otherwise required by the documents pursuant to which such Subordinate Parity Obligations were issued. (b) The Authority will procure and maintain commercial general liability insurance covering claims against the Authority for bodily injury or death, or damage to property, occasioned by reason of the ownership or operation of the Enterprise, such insurance to afford protection in such amounts and against such risks as are usually covered in connection with similar enterprises. (c) The Authority will procure and maintain workers' compensation insurance against liability for compensation under the Workers' Compensation Insurance and Safety Act of California, or any act hereafter enacted as an amendment or supplement or in lieu thereof, such insurance to cover all persons employed in connection with the Enterprise. (d) All policies of insurance required to be maintained herein shall provide that the Trustee shall be given thirty (30) days' written notice of any intended cancellation thereof or reduction of coverage provided thereby, provided, however, the Trustee shall not be responsible for the sufficiency of any insurance herein required. (e) In lieu of obtaining insurance coverage as required by this Section, such coverage may be maintained by the Authority in the form of self-insurance so long as the Authority certifies to the Trustee that (i)the Authority has segregated amounts in a special insurance reserve meeting the requirements of this Section; (ii) an Insurance Consultant certifies annually, on or before January 1 of each year in which self-insurance is maintained, in writing to the Trustee that the Authority's general insurance reserves are actuarially sound and are adequate to provide the necessary coverage and the Trustee may conclusively rely thereon; and (iii) such reserves are held in a separate trust fund by an independent trustee. Any statements of self- insurance shall be delivered to the Trustee. The Authority shall pay or cause to be paid when due the premiums for all insurance policies required hereby. -29- indenture 6-08-09.doc Section 5.14. Books and Accounts,• Financial Statements . The Authority shall keep proper books of record and accounts of the Enterprise, separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the Enterprise. Said books shall, upon prior request, be subject to the inspection of the Trustee (who shall have no duty to inspect) or the Owners of not less than ten percent (10%) of the Outstanding Bonds, or their representatives authorized in writing, upon not less than two (2) Business Days' prior notice to the Authority. The Authority shall cause the books and accounts of the Enterprise to be audited annually by an independent certified public accountant or firm of certified public accountants, not more than two hundred and seventy (270) days after the close of each Fiscal Year, and shall make a copy of such report available for inspection by the Bond Owners at the office of the Authority and at the principal corporate trust office of the Trustee. Such audit may be part of an audit of the Enterprise. The Trustee shall not be required to review, and shall not be deemed to have notice of, the contents of the books and records of the Authority, any financial statement or statement of insurance coverage delivered to the Trustee under this Section 5.14 or Section 5.10 or 5.13, it being expressly understood that the Trustee shall only receive and hold such documents as repository for examination and copying by any Owner at such Owner's expense during business hours on Business Days. Section 5.15. Payment of Taxes and Compliance with Governmental Regulations. The Authority will pay and discharge all taxes, assessments and other governmental charges, if any, which may hereafter be lawfully imposed upon the Enterprise or any part thereof or upon the Subordinate Net Revenues when the same shall become due. The Authority will duly observe and conform with all valid regulations and requirements of any governmental authority relative to the operation of the Enterprise or any part thereof, but the Authority shall not be required to make such payments, or to comply with any regulations or requirements, so long as the payment or validity or application thereof shall be contested in good faith. Section 5.16. Amount of Rates and Charges. (a) The Authority will, at all times while any of the Bonds remain Outstanding, fix, prescribe and collect rates, fees and charges in connection with the Enterprise so as to yield Revenues in each Fiscal Year at least sufficient, after making reasonable allowances for contingencies and errors in the estimates, to pay the following amounts due in such Fiscal Year in the order below set forth: (1) All current Maintenance and Operation Costs. (2) The interest on and principal of all Senior Lien Obligations, Subordinate Parity Obligations and Bonds as they become due and payable. (3) All payments required for compliance with the terms hereof, and of any documents providing for the issuance of Subordinate Parity Obligations pursuant to Article I1 hereof. -30- indenture 6-08-09.doc (4) All payments to meet any other obligations of the Authority which are charges, liens or encumbrances upon, or payable from,the Revenues. The Authority may make or permit to be made adjustments from time to time in such rates, fees and charges and may make or permit to be made such classification thereof as it deems necessary, but shall not reduce or permit to be reduced such rates, fees and charges below those then in effect unless the Revenues from such reduced rates, fees and charges will at all times be sufficient to meet the requirements of this section. (b) If the Authority violates the covenants set forth in subsections (a) hereof, such violation shall not, in and of itself, be a default under this Indenture and shall not give rise to a declaration of an Event of Default if the coverage calculated hereunder does not decrease below 1.00 times annual Debt Service on the Subordinate Parity Obligations and the Bonds, and Maintenance and Operation Costs of the Enterprise and, within 120 days after the date such violation is discovered,the Authority hires an Independent Consultant to review the revenues and expenses of the Enterprise and abides by such consultant's recommendations to revise the schedule of rates, fees and charges and to revise any Maintenance and Operation Costs of the Enterprise insofar as practicable and to take such other actions as are necessary so as to produce Subordinate Net Revenues to cure such violation for future compliance; provided, however, that if the Authority does not cure such violation within twelve (12)months succeeding the date such violation is discovered, an Event of Default shall be deemed to have occurred under Section 6.01(b). (c) The Authority shall furnish to the Trustee, by two hundred and seventy(270) days after the close of each Fiscal Year, an audit report of an Independent Certified Public Accountant with respect to the Fiscal Year, together with a certificate of the Authority certifying that the Authority has complied with its rate covenant contained in subsections (a) above for the Fiscal Year. Section 5.17. Collection of Rates and Charges-, Competitive Tipping Fees. The Authority will have in effect at all times rules and regulations requiring all users of the Waste Management Service to pay the rates, fees and charges applicable to the Waste Management Service provided or made available to such users. Such rules and regulations shall also provide for the billing thereof and for a due date and a delinquency date for each bill. In each case where such bill remains unpaid in whole or in part after such bill becomes delinquent, the Authority may refuse to provide or make available Waste Management Service to such premises until all delinquent rates, fees and charges and penalties have been paid in full. Except in connection with the receipt of federal or State funding, or as required as a condition to the acquisition or operation of the Project, the Authority will not permit any part of either Enterprise, or any facility thereof, to be used, or taken advantage of, free of charge by any person, firm or corporation, or by any public agency (including the United States of America, the State of California and any public corporation, political subdivision, city, county, district or agency of any thereof, other than members of the Authority, except for municipal waste collection services), excepting only that the Authority may without charge use the services and facilities of the Enterprise. -31- indenture 6-08-09.doc The Authority will, to the extent permitted by law, use its best efforts and take whatever actions are within the scope of its powers to insure that the tipping fees charged by the Authority for the disposal of solid waste remain competitive with the tipping fees charged by other operations similar to the Enterprise in the vicinity of the Enterprise; provided, however, that in no event shall this covenant be construed to limit or affect the obligation of the Authority to set rates, charges and tipping fees hereunder, including but not limited to, under Sections 2.13 and 5.16 hereof. Section 5.18. Eminent Domain Proceeds. If all or any part of the Enterprise shall be taken by eminent domain proceedings,the Net Proceeds thereof shall be applied as follows: (a) If(1) the Authority delivers to the Trustee a Certificate of the Authority showing (i) the estimated loss of annual Subordinate Net Revenues, if any, suffered or to be suffered by the Authority by reason of such eminent domain proceedings, (ii) a general description of the additions, betterments, extensions or improvements to the Enterprise proposed to be acquired by the Authority from any Net Proceeds, and (iii) an estimate of the additional annual Subordinate Net Revenues to be derived from such additions, betterments, extensions or improvements, and (2) on the basis of such certificate, determines that the estimated additional annual Subordinate Net Revenues will sufficiently offset the estimated loss of annual Subordinate Net Revenues resulting from such eminent domain proceedings so that the ability of the Authority to meet its obligations hereunder will not be substantially impaired (which determination shall be final and conclusive); then the Authority shall promptly proceed with the acquisition of such additions, betterments, extensions or improvements substantially in accordance with such Certificate of the Authority and such Net Proceeds shall be applied for the payment of the costs of such acquisition, and any balance of such Net Proceeds not required by the Authority for such purpose shall be applied to first pay the Senior Lien Obligations, and any remaining funds shall be used to pay the Bonds, and any Subordinate Parity Obligations, on a pro rata basis in the manner provided herein and in the instruments authorizing such Subordinate Parity Obligations. (b) If the foregoing conditions are not met,then such Net Proceeds shall be applied to first pay all amounts due with respect to Senior Lien Obligations, and any remaining funds shall be used to pay the Bonds, and any Subordinate Parity Obligations, on a pro rata basis in the manner provided herein and in the instruments authorizing such Subordinate Parity Obligations. Section 5.19 Continuing Disclosure to Owners The Authority and the Trustee shall comply with and carry out all of their respective duties under the Continuing Disclosure Agreement. Notwithstanding any other provisions of this Indenture, failure of the Authority or the Trustee to comply with the Continuing Disclosure Agreement shall not be considered an Event of Default; provided, however, that the Trustee shall, at the written direction of any Participating Underwriter (as defined in the Continuing Disclosure Agreement) or the holders of at least 25% aggregate principal amount of Outstanding Bonds, but only to the extent indemnified for its fees and expenses, including those of its attorneys, or any holder or beneficial owner of the Bonds may, take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order. -32- indenture 6-08-09.doc Section 5.20. Reserved. Section 5.21. Provision of Solid Waste Services and No Voluntary Withdrawal from Enterprise. While any Bonds remain Outstanding, the Authority, to the extent permitted by law, will use its best efforts and take whatever actions are within the scope of its powers at all times to provide solid waste disposal and processing services within the service area of the Enterprise and to require all Authority members to direct solid waste from their jurisdictions to be delivered to the Authority's facilities as provided in the Agreement. Except as otherwise permitted by Section 5.07 hereof, the Authority shall not voluntarily withdraw from or abandon the Enterprise while any Bonds remain outstanding. In the event of loss or damage to any material portion of the Enterprise or the occurrence of any other event which prevents the Authority from accepting solid waste at the Enterprise or any portion thereof, the Authority will use it best efforts to take whatever actions are within its powers to provide other facilities or services necessary to provide the solid waste management services necessary to maintain Subordinate Net Revenues as required under this Indenture. Section 5.22. Waste Delivery. While any Bonds remain outstanding, the Authority shall, to the extent permitted by law, use its best efforts and take whatever actions are within the scope of its powers to ensure that sufficient solid waste is processed and disposed of through the Enterprise to generate Subordinate Net Revenues as required by this Indenture. Specifically, the Authority shall use its best efforts to enforce its rights pursuant to the Agreement, to the extent permitted by law, to require the delivery of members' waste to the Enterprise. Section 5.23. Maintenance of Existence. The Authority agrees that while any Bonds remain Outstanding A will take all legal action necessary to maintain its existence as a joint exercise of powers authority pursuant to the laws of the State of California. ARTICLE VI DEFAULT AND LIMITATIONS OF LIABILITY Section 6.01. Events of Default and Events of Mandatory Acceleration; Acceleration of Maturities. If one or more of the following Events of Default shall happen: (a) default shall be made in the due and punctual payment by the Authority of any Debt Service Payment when and as the same shall become due and payable; (b) default shall be made by the Authority in the performance of any of the agreements or covenants contained herein required to be performed by it, and such default shall have continued for a period of sixty (60) days after the Authority shall have been given notice in writing of such default by the Trustee; (c) the Authority shall file a petition seeking arrangement or reorganization under federal bankruptcy laws or any other applicable law of the United States of America or any state -33- indenture 6-08-09.doc therein, or if a court of competent jurisdiction shall approve a petition filed with the consent of the Authority seeking arrangement or reorganization under the federal bankruptcy laws or any other applicable law of the United States of America or any state therein, or if under the provisions of any other law for the relief or aid of debtors any court of competent jurisdiction shall assume custody or control of the Authority or of the whole or any substantial part of its property; or (d) an event of default shall have occurred with respect to any Subordinate Parity Obligations or Senior Lien Obligations; If an Event of Default shall occur, then, and in each and every such case during the continuance of such Event of Default,the Trustee may, subject to the provisions of Section 6.02, exercise any remedies available to the Trustee and the Bond Owners in law or at equity. The Trustee shall notify the Authority and the Senior Trustee promptly of any default under Section 6.01 hereof. Upon the occurrence of an Event of Default hereunder, but only in the event the principal of and interest on all of the Senior Lien Obligations have been declared to be immediately due and payable, the Trustee may declare the principal and interest with respect to all such Bonds immediately due and payable and such principal and interest shall thereupon be due and payable immediately. The Trustee shall apply amounts on deposit in the funds and accounts in accordance with Section 6.07 hereof. This provision, however, is subject to the condition that, except with respect to an Event of Default under subsection (c) above, if at any time after such Outstanding principal amount of the Bonds and the accrued interest thereon shall have been so declared due and payable and before the acceleration date or the date of any judgment or decree for the payment of the money due shall have been obtained or entered, the Authority shall deposit with the Trustee a sum sufficient to pay such amount due prior to such date and the accrued interest thereon, with interest on such overdue payments at the rate on such Bonds, and the reasonable fees and expenses of the Trustee, including those of its attorneys, and any and all other defaults known to the Authority (other than in the payment of such principal amount of the Bonds and the accrued interest thereon due and payable solely by reason of such declaration), including payment of all amounts due under the Senior Lien Indentures, shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then and in every such case the Trustee, by written notice to the Authority, may rescind and annul such declaration and its consequences; but no such rescission and annulment shall extend to or shall affect any subsequent default or shall impair or exhaust any right or power consequent thereon. Section 6.02. Other Remedies of the Trustee. The Trustee may (subject to the receipt of indemnity as provided herein): (a) by mandamus or other action or proceeding or suit at law or in equity enforce its rights against the Authority, or any board member, officer or employee thereof, and compel the Authority or any such board member, officer or employee to perform and carry out its or his or -34- indenture 6-08-09.doe her duties under applicable law and the agreements and covenants contained herein required to be performed by it or him; (b) by suit in equity enjoin any acts or things which are unlawful or violate the rights of the Trustee or the Bond Owners hereunder; (c) intervene in judicial proceedings that affect the Bonds or the security therefor or hereunder; or (d) by suit in equity upon the happening of an Event of Default require the Authority and its officers and employees to account as the trustee of an express trust; provided,that in no event shall the exercise of such remedies impair the repayment of obligations due under any Senior Lien Indenture. Section 6.03. Non-Waiver. A waiver of any default or breach of duty or contract by the Trustee or the Owners shall not affect any subsequent default or breach of duty or contract or impair any rights or remedies on any such subsequent default or breach of duty or contract. No delay or omission by the Trustee or the Owners to exercise any right or remedy accruing upon any default or breach of duty or contract shall impair any such right or shall be construed to be a waiver of any such default or breach of duty or contract or an acquiescence therein, and every right or remedy conferred upon the Trustee or the Owners by law or by this Article may be enforced and exercised from time to time and as often as shall be deemed expedient by the Trustee. If any action, proceeding or suit to enforce any right or to exercise any remedy is abandoned or determined adversely to the Trustee or the Owners, the Trustee, the Owners and the Authority shall be restored to their former positions, rights and remedies as if such action, proceeding or suit had not been brought or taken. Section 6.04. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise and may be exercised without exhausting and without regard to any other remedy conferred by any other law; provided, that in no event shall the exercise of such remedies impair the repayment of obligations due under any Senior Lien Indenture. Section 6.05. No Liability by the Trustee to the Owners. Except for the duty of the Trustee to make payments of principal, redemption premiums and interest with respect to the Bonds from moneys received from the Authority, the Trustee will not have any obligation or liability to the Owners with respect to the payment when due of the Debt Service Payments by the Authority, or with respect to the performance by the Authority of the other agreements and covenants required to be performed by it contained herein. Section 6.06. Limitation on Owners' Right to Bring Suit. No Owner of any Bond shall have any right to institute any proceeding, judicial or otherwise, under or with respect to this -35- indenture 6-08-09.doc Indenture, or for the appointment of a receiver or trustee or for any other remedy hereunder, at law or in equity, which impairs the repayment of obligations due under any Senior Lien Indenture, and unless: (1) such Owner has previously given written notice to the Trustee and Senior Trustee of a continuing Event of Default; (2) the owners of not less than a majority in principal amount of the Bonds Outstanding shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Owner or Owners have offered to the Trustee reasonable indemnity, satisfactory to the Trustee, against the costs, expenses and liabilities to be incurred in compliance with such request; and (4) the Trustee for sixty (60) days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding. It being understood and intended that no one or more Owners shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the lien of this Indenture or the rights of any other Owners or to obtain or to seek to obtain priority or preference over any other Owners or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all Bonds and Subordinate Parity Obligations. Notwithstanding the foregoing, the Owner of any Bond shall have the right which is absolute and unconditional to receive payment of interest on such Bond when due in accordance with the terms thereof and hereof and the principal of such Bond at the stated maturity thereof and to institute suit for the enforcement of any such payment in accordance with the provisions of this Indenture and such rights shall not be impaired without the consent of such Owner. Section 6.07. Application of Funds Upon Default. All monies received by the Trustee or by any receiver pursuant to any right given or action taken under the provisions of this Article VI shall, after payment of all amounts due under any Senior Lien Indenture and payment of the reasonable costs and fees of, and the reasonable fees, expenses, liabilities and advances incurred or made by the Trustee (including fees and expenses of its attorneys and advisors), be deposited in the Subordinate Debt Service Account and all moneys so deposited during the continuance of an Event of Default(other than moneys for the payment of Bonds which have previously matured or otherwise become payable prior to such Event of Default or for the payment of interest due prior to such Event of Default),together with all moneys in the funds and accounts maintained by the Trustee under Article III hereof, shall be applied as follows: (a) Unless the principal of all Bonds shall have become or shall have been declared due and payable, all such moneys shall be applied: First: To the payment to the persons entitled thereto of all installments of interest then due on the Bonds and any Subordinate Parity Obligations, with interest on overdue -36- indenture 6-08-09.doc installments, if lawful, at the rate per annum borne by the Bonds, in the order of the maturity of the installments of such interest, and, if the amount available shall not be sufficient to pay in full any particular installment of interest, then to the payment ratably according to the amounts due on such installment, to the persons entitled thereto without any discrimination or privilege; and Second: To the payment to the persons entitled thereto of the unpaid principal of any of the Bonds and any Subordinate Parity Obligations which shall have become due (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of this Indenture), with interest on such Bonds at their rate from the respective dates upon which they became due, in the order of their due dates, and, if the amount available shall not be sufficient to pay in full Bonds and any Subordinate Parity Obligations due on any particular date, together with such interest, then to the payment ratably, according to the amount of principal and interest due on such date,to the persons entitled thereto without any discrimination or privilege. (b) If the principal of all the Bonds shall have become due or shall have been declared due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds and any Subordinate Parity Obligations, with interest on overdue interest and principal, as aforesaid, without preference or priority over interest or of interest over principal or of any installment of interest over any other installment of interest, or of any Bonds over any other Bonds or any Subordinate Parity Obligations,ratably, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any discrimination or privilege. Whenever the Trustee shall apply such moneys (which shall not include the application of moneys upon the occurrence of any acceleration pursuant to the provisions hereof), it shall fix the date (which shall be an Interest Payment Date unless it shall deem another date more suitable) upon which date such application is to commence and upon such date interest on the amounts of principal and interest to be paid on such date shall cease to accrue. The Trustee shall give such notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any such date and of the special record date in accordance with Article n hereof. The Trustee shall not be required to make payment to the Owner of any unpaid Bond until such Bond shall be presented to the Trustee for appropriate endorsement or for cancellation if fully paid. ARTICLE VII THE TRUSTEE Section 7.01. Trustee,• Duties Removal and Resignation. By executing and delivering the Indenture, the Trustee accepts the duties and obligations of the Trustee provided in the Indenture,but only upon the terms and conditions set forth in the Indenture. -37- indenture 6-08-09.doc The Authority, in its sole discretion, may, by thirty (30) days prior written request, remove the Trustee initially a parry hereto, and any successor thereto, and in such event, or in the event the Trustee resigns, the Authority shall appoint a successor Trustee, but any such successor shall be a bank or trust company in good standing doing business and having an office in Los Angeles or San Francisco, California, having (or if such bank or trust company is a member of a bank holding company system, its bank holding company shall have) a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000) and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of conditions so published. The Trustee may at any time resign by giving written notice to the Authority and by giving to the Bond Owners notice by mailing a notice of such resignation to their addresses appearing in the Bond Register. Upon receiving any such notice of resignation, the Authority shall promptly appoint a successor Trustee by an instrument in writing; provided, however, that in the event that the Authority does not appoint a successor Trustee within thirty (30) days following receipt of such notice of resignation, the resigning Trustee may petition at the expense of the Authority an appropriate court having jurisdiction to appoint a successor Trustee or to resign. Subject to the prior sentence, any resignation or removal of the Trustee shall not become effective until written acceptance of appointment by the successor Trustee under the Indenture. Any Trustee which shall resign or be removed pursuant to this Section shall be entitled to compensation in accordance with Section 7.02 and to reimbursement for all reasonable and proper expenses and advances incurred and not previously reimbursed for its activities in connection with the Indenture and for any indemnification due pursuant to the Indenture and not previously paid. Any Trustee which resigns or is removed, upon payment of its unpaid compensation and expenses hereunder, shall fully discharge all the right, title and interest of the retiring Trustee and amounts on deposit hereunder shall vest in said successor Trustee, and such retiring Trustee shall promptly pay over, assign and deliver to the successor Trustee any money or other property on deposit pursuant hereto then held by such Trustee, and deliver any and all records, or copies thereof, in respect of the Trustee which it may have. Section 7.02. Compensation of the Trustee. The Authority shall pay from time to time, upon receipt of a statement, to the Trustee reasonable compensation for the Trustee's services and shall reimburse the Trustee for all its reasonable advances and expenditures incurred by it in the exercise and performance of its powers and duties under the Indenture. The Trustee, with the consent of the Authority (which consent shall not be unreasonably withheld, and which consent shall not be required if the Authority is in default hereunder), shall select and employ an attorney to represent the Trustee in any legal proceedings. The lien of the Trustee on amounts held by it under the Indenture for its services rendered under the Indenture shall be superior to the rights of the Bond Owners to receive scheduled payments of principal and interest with respect to their Bonds; provided that the Trustee shall have no lien on moneys in the Redemption Account. -38- indenture 6-08-09.doc The Authority shall hold harmless and indemnify the Trustee for all costs, claims, expenses and liabilities incurred by or asserted against the Trustee in the performance of its duties under this Indenture or any related document, including any such reasonable costs, claims, expenses and liabilities incurred in the course of defending itself against any claims or actions or enforcing any remedies under this Indenture or any related document. Any such indemnity shall not extend to any costs, claims, expenses or liabilities adjudicated to have been caused by the negligence or willful misconduct of the Trustee. The indemnification of the Trustee under this Indenture shall extend to its directors, officers, employees and agents. The obligations of the Authority under this Section shall survive the payment of the Bonds and the discharge of this Indenture. Section 7.03. Protection to Trustee. The Authority shall indemnify, protect and hold the Trustee harmless and the Trustee shall incur no liability for acting upon any notice, resolution, consent, order, certificate, report, certificate or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee, in its discretion, may consult with counsel, who may be counsel to the Authority, with regard to legal questions, and the advice or opinion of such counsel, in the absence of negligence or willful misconduct on the part of the Trustee, shall be full and complete authorization and protection in respect of any action taken or suffered by it under the Indenture in good faith in accordance therewith. Whenever in the administration of its duties under the Indenture,the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action under the Indenture, such matter (unless other evidence in respect thereof be specifically prescribed in the Indenture) may, in the absence of negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by the certificate of an Authorized Officer of the Authority and such certificate shall be full warranty to the Trustee for any action taken or suffered under the provisions of the Indenture upon the faith thereof,but in its discretion the Trustee may, in lieu thereof(but shall not be obligated to), accept other evidence of such matter. The Trustee may in good faith buy, sell, own, hold and deal in any of the Bonds issued pursuant to the Indenture, and may join in any action which any Owner may be entitled to take with like effect as if the Trustee were not a party to the Indenture. The Trustee and its affiliates, either as sponsor, advisor, principal or agent, may also engage in or be interested in any financial or other transaction with the Authority, and may act as depository, trustee, or agent for any committee or body of Owners of Bonds or other obligations of the Authority as freely as if it were not Trustee under the Indenture. The recitals, statements and representations contained in this Indenture or in the Bonds, save only the Trustee's authentication of the Bonds, shall be taken and construed as made by and on the part of the Authority, and not by the Trustee, and the Trustee does not assume, and shall not have, any responsibility or obligation for the correctness of any thereof. The Trustee shall not be deemed to make any representations with respect to the security afforded by this Indenture. -39- indenture 6-08-09.doc The Trustee may execute any of the trusts or powers hereof and perform the duties required of it under the Indenture by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty under the Indenture. The Trustee shall be fully reimbursed by the Authority for reasonable expenses incurred in connection with the performance of its obligations under the Indenture. The Trustee, with the consent of the Authority (which consent shall not be unreasonably withheld, and which consent shall not be required if the Authority is in default hereunder), shall select and employ an attorney to represent the Trustee in any legal proceedings. Upon any default by, or misconduct of, any agent, attorney or receiver appointed by the Trustee, the Trustee shall fully pursue all remedies available to it against such attorney, agent or receiver, and the proceeds of the exercise of such remedies shall be used to reimburse the Authority for any loss it may have suffered as a result of the default or misconduct of such agent, attorney or receiver. Before taking any remedial action hereunder the Trustee may require that a satisfactory indemnity bond or other indemnity satisfactory to the Trustee be furnished for the reimbursement of all reasonable expenses to which it may be put and to protect it against all liability which may be incurred in connection with the taking of such action, except i r lability hTrutee shall not ich is s have resulted from its negligence or willful misconduct; p seek such indemnity prior to making payments on the Bonds. The Trustee, prior to the occurrence of an Event of Default, and after the curing or waiving of all Events of Default which may have occurred, undertakes to perform only such duties as are specifically set forth in this Indenture. The Trustee shall, during the existence of any Event of Default (which has not been cured or waived), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a reasonable person would exercise or use in the conduct of such person's own affairs. The Trustee shall not be deemed to have knowledge of an Event of Default (except in connection with a failure of the Authority to make Debt Service Payments when due) until a Responsible Officer has actual knowledge thereof, or until notified in writing of such Event of Default. The Trustee shall have no responsibility with respect to any information, statement, or recital in any official statement, offering memorandum or any other disclosure material prepared or distributed with respect to the Bonds. No provision of this Indenture or any other document related hereto shall require the Trustee to risk or advance its own funds or otherwise incur any financial liability in the performance of its duties or the exercise of its rights hereunder. The immunities extended to the Trustee also extend to its directors, officers, employees and agents. The Trustee shall not be liable for any action taken or not taken by it in accordance with the direction of a majority (or other percentage provided for herein) in aggregate principal -40- indenture 6-08-09.doc amount of Bonds outstanding relating to the exercise of any right, power or remedy available to the Trustee. The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty. Section 7.04. Payment Limited. All payments to be made by the Trustee under and pursuant to this Indenture shall be made only from the corpus, income and proceeds of the amounts on deposit pursuant hereto and only to the extent that the Trustee shall have received sufficient contribution, income and proceeds in accordance with the terms of this Indenture. Section 7.05. Mercer or Consolidation. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided that such company shall be eligible under Section 7.01 hereof, shall be the successor to the Trustee without the execution or filing of any paper or further act, anything herein to the contrary notwithstanding. Section 7.06. Funds and Accounts. The Trustee may establish such funds and accounts as it reasonably deems necessary or appropriate to perform its obligations hereunder. ARTICLE VIII AMENDMENT OF OR SUPPLEMENT TO INDENTURE Section 8.01. Amendment or Supplement by Consent of Owners. The Indenture may be amended in writing by agreement between the Authority and the Trustee,but no such amendment or supplement shall (i) reduce the rate of interest evidenced by the Bonds or extend the time of payment of such interest or reduce the amount of principal thereof or extend the Maturity Date thereof without the prior written consent of the Owner thereof, or (ii) reduce the percentage of Owners of Bonds whose consent is required for the execution of any amendment of or supplement to the Indenture, or (iii) modify any rights or obligations of the Trustee without its prior written consent thereto. This Indenture and the rights and obligations of the Authority, of the Trustee and the Owners of the Bonds may also be modified or amended from time to time and at any time by a Supplemental Indenture which the Authority and the Trustee may enter into, but without the consent of any Bond Owners, if the Trustee determines that the provisions of such Supplemental Indenture shall not materially adversely affect the interests of the Owners of the Bonds, including,without limitation, for any one or more of the following purposes: (a) to add to the covenants and agreements of the Authority other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Bonds -41- indenture 6-08-09.doc (or any portion thereof), or to surrender any right or power herein reserved to or conferred upon the Authority; (b) to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision, contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the Authority or the Trustee may deem necessary or desirable; (c) to modify, amend or supplement this Indenture in such manner as to permit the qualification hereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect, and to add such other terms, conditions and provisions as may be permitted by said act or similar federal statute; (d) to make such additions, as may be necessary or desirable to assure exemption from federal income taxation of interest on the Bonds; or (e) to authorize the issuance of Subordinate Parity Obligations. In the event of any such amendment or supplement, copies of such amendment or supplement and any other documents relating thereto shall be provided by the Authority to Moody's and S&P (provided such rating agencies are currently rating the Bonds, or any Subordinate Parity Obligations) at least fifteen(15)days prior to the effective date thereof. Section 8.02. Disqualified Bonds. Bonds owned or held by or for the account of the Authority shall not be deemed Outstanding for the purpose of any consent or other action or any calculation of Outstanding Bonds provided in this Article VIII, and shall not be entitled to consent to or take any other action provided in this Article VIII, and the Trustee may adopt appropriate regulations to require each Owner,before his or her consent provided for herein shall be deemed effective, to reveal if the Bonds as to which such consent is given are disqualified as provided in this Section 8.02. ARTICLE IX DEFEASANCE Section 9.01. Defeasance. Any Outstanding Bonds shall be paid and discharged in any one or more of the following ways: (a) by paying or causing to be paid the principal of and interest on such Bonds Outstanding, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, before maturity, money which, together with the amounts which are then on deposit in the Payment Fund and the Reserve Fund and available therefor,is fully sufficient to pay such Bonds, including all principal and interest; or -42- indenture 6-08-09.doc (c) by depositing with the Trustee, (or such other fiduciary as determined by the Authority) under an escrow deposit and trust agreement, cash, non-callable Federal Securities or pre-refunded non-callable municipal obligations rated "AAA' and "Aaa" by S&P and Moody's, respectively (or any combination thereof) (the "Defeasance Obligations") in such amount as an Independent Certified Public Accountant shall determine will, together with the interest to accrue thereon and moneys then on deposit (or a pro rata share thereof) in the Payment Fund and Reserve Fund available therefor, together with the interest to accrue thereon,be fully sufficient to pay and discharge such Bonds (including all principal and interest) at or before their respective maturity dates. In the event of a refunding as described in paragraph (c) above (i)the Authority shall cause to be delivered, on the deposit date and upon any reinvestment of the defeasance amount, a report of an Independent Certified Public Accountant verifying the sufficiency of the escrow established to pay such Bonds in full on the maturity or redemption date (the "Verification"), (ii)the escrow instructions shall provide that (A) substitution of a Defeasance Obligation shall not be permitted except with another Defeasance Obligation and upon delivery of a new Verification and (B)reinvestment of a Defeasance Obligation shall not be permitted except as contemplated by the original Verification or upon delivery of a new Verification, and (iii)there shall be delivered an opinion of nationally recognized bond counsel to the effect that such Bonds are no longer"Outstanding"under the Indenture. Each Verification and defeasance opinion shall be addressed to the Authority, the Trustee, the escrow agent, if any, and any other parties as are deemed appropriate by the Authority at the time of such refunding. In the event a forward purchase agreement will be employed in the refunding, such agreement shall be accompanied by such opinions of counsel. Notwithstanding that some Bonds may not have been surrendered for payment, all obligations of the Authority and the Trustee under the Indenture with respect to such defeased Bonds shall cease and terminate, except only the obligation of the Trustee to pay or cause to be paid to the Owners of such Bonds all sums due thereon and the obligation of the Authority to indemnify and pay the Trustee in accordance with Sections 7.02 and 7.03 hereof. Any funds held by the Trustee, at the time of one of the events described above in subsections (a), (b) or (c), which are not required for the payment to be made to Owners, or for payments to be made to the Trustee by the Authority, shall be paid over to the Authority pursuant to written instruction from an Authorized Officer of the Authority and delivery of a certificate of a certified public accountant that such funds are not required to be paid to the Owners. Section 9.02. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any money held by the Trustee in trust for the payment and discharge of the interest or principal of the Bonds which remains unclaimed for the lesser of the period ending one day prior to the date such money would escheat to the State or two (2) years after the date when the payments evidenced and represented by such Bonds have become payable, if such money was held by the Trustee at such date, or for the lesser of the period ending one day prior to the date such money would escheat to the State or two (2) years after the date of deposit of such money if deposited with the Trustee after the date when the interest and principal evidenced and represented by such Bonds have become payable, the Trustee shall pay such amounts to the -43- indenture 6-08-09.doc Authority as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto and the Owners shall look only to the Authority for interest and principal represented by such Bonds; provided, however, that before being required to make any such payment to the Authority, the Trustee may, at the expense of the Authority, cause to be published once a week for two (2) successive weeks in a financial newspaper a notice that such money remains unclaimed and that after a date named in such notice,which date shall not be less than thirty (30) days after the date of the first publication of such notice, the balance of such money then unclaimed will be returned to the Authority. ARTICLE X MISCELLANEOUS Section 10.01. Benefits of Indenture Limited to Parties. Nothing contained herein, expressed or implied, is intended to give to any person other than the Authority, the Trustee and the Owners any claim, remedy or right under or pursuant hereto, and any agreement, condition, covenant or term contained herein required to be observed or performed by or on behalf of the Authority shall be for the sole and exclusive benefit of the Trustee and the Owners. Section 10.02. Successor Deemed Included in all References to Predecessor. Whenever either the Authority, the Trustee or any officer thereof is named or referred to herein, such reference shall be deemed to include the successor to the powers, duties and functions that are presently vested in the Authority, the Trustee or such officer, and all agreements, conditions, covenants and terms required hereby to be observed or performed by or on behalf of the Authority, the Trustee or any officer thereof shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. Section 10.03. Execution of Documents by Owners. Any declaration, request or other instrument which is permitted or required herein to be executed by Owners may be in one or more instruments of similar tenor and may be executed by Owners in person or by their attorneys appointed in writing. The fact and date of the execution by any Owner or his or her attorney of any declaration, request or other instrument or of any writing appointing such attorney may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state or territory in which she purports to act, that the person signing such declaration, request or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer, or by such other proof as the Trustee or the paying agent, as the case may be,may accept which it may deem sufficient. Any declaration, request or other instrument in writing of the Owner of any Bond shall bind all future owners of such Bond with respect to anything done or suffered to be done by the Authority or the Trustee in good faith and in accordance therewith. Section 10.04. Waiver of Personal Liability. No board member, officer or employee of the Authority shall be individually or personally liable for the payment of the interest or principal -44- indenture 6-08-09.doc the Bonds, but nothing contained herein shall relieve any board member, officer or employee of the Authority from the performance of any official duty provided by any applicable provisions of law or hereby. Section 10.05. Acquisition of Bonds by the Authority. All Bonds acquired by the Authority, whether by purchase or gift or otherwise, shall be surrendered to the Trustee for cancellation. Section 10.06. Content of Certificates. Every Certificate of the Authority with respect to compliance with any agreement, condition, covenant or term contained herein shall include (a) a statement that the person or persons making or giving such certificate have read such agreement, condition, covenant or term and the definitions herein relating thereto; (b) a statement that, in the opinion of the signers they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such agreement, condition, covenant or term has been complied with; and (c) a statement as to whether, in the opinion of the signers, such agreement, condition, covenant or term has been complied with. Any Certificate of the Authority may be based, insofar as it relates to legal matters, upon an opinion of counsel unless the person making or giving such certificate knows that the opinion of counsel with respect to the matters upon which such certificate may be based, as aforesaid, is erroneous, or in the exercise of reasonable care should have known that the same was erroneous. Any opinion of counsel may be based, insofar as it relates to factual matters or information with respect to which is in the possession of the Authority, upon a representation by an officer or officers of the Authority unless the counsel executing such opinion of counsel knows that the representation with respect to the matters or upon which his or her opinion may be based, as aforesaid, is erroneous, or in the exercise of reasonable care should have known that the same was erroneous. Section 10.07. Notice by Mail. Any notice required to be given hereunder by mail to any Owners of Bonds shall be given by mailing a copy of such notice, first class postage redeemed,to the Owners of such Bonds at their addresses appearing in the books required to be kept by the Trustee pursuant to the provisions of Section 2.07 not less than thirty (30) days nor more than sixty (60) days following the action or prior to the event concerning which notice thereof is required to be given unless this Indenture expressly provides a different provision; provided,that receipt of any such notice shall not be a condition precedent to the effect of such notice and failure to receive any such notice shall not affect the validity of the proceedings taken in connection with the action or the event concerning which such notice was given. Section 10.08. Funds. Any fund or account required to be established and maintained herein by the Trustee may be established and maintained in the accounting records of the Trustee either as an account or a fund, and may, for the purposes of such accounting records, any audits thereof and any reports or statements with respect thereto, be treated either as an account or a fund; but all such records with respect to all such funds shall at all times be maintained in accordance with industry practice and with due regard for the protection of the security of the Bonds and the rights of the owners. -45- indenture 6-08-09.doc Section 10.09. Investments. (a) Amounts on deposit in any fund or account created pursuant to this Indenture shall be invested in Permitted Investments which will, as nearly as practicable,mature on or before the dates when such money is anticipated to be needed for disbursement hereunder (which, in the case of the Reserve Fund, may be for a period in excess of five (5) years), in accordance with such written directions as the Authority may from time to time provide to the Trustee. Amounts on deposit in the Reserve Fund shall be invested by the Trustee, in accordance with written directions from the Authority, in Permitted Investments (i)having an average aggregate weighted term to maturity not greater than five (5) years, or (ii) of any maturity, but callable at par for any purpose required by this Indenture. Investment directions shall be received at least two (2) Business Days prior to the date of making the investment. If no such direction has been received by the Trustee in sufficient time, in the judgment of the Trustee to comply with such instructions the Trustee may invest such amounts in Permitted Investments of the type described in paragraph (4) of the definition thereof. The Trustee and any affiliates may act as sponsor, advisor, principal or agent in the acquisition or disposition of any such investment. The Trustee shall not be liable or responsible for any loss suffered in connection with any such investment made by it under the terms of and in accordance with this Section 10.09. The Trustee may sell or present for redemption any obligations so purchased whenever it shall be necessary in order to provide moneys to meet any payment of the funds so invested, and the Trustee shall not be liable or responsible for any losses resulting from any such investment sold or presented for redemption. To the extent possible, the Trustee shall provide notice to the Authority prior to any such sale. Interest or profit received on such investments shall be deposited to the Reserve Fund to the extent the amount on deposit therein is less than the Reserve Requirement, and thereafter to the Payment Fund. The Authority acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Authority the right to receive brokerage confirmations of security transactions as they occur, the Authority will not receive confirmations to the extent permitted by law. The Trustee will furnish the Authority periodic cash transaction statements which include detail for all investment transactions made by the Trustee hereunder. The Trustee may make any investments hereunder through its own bond or investment department or trust investment department, or those of its parent or any affiliate. (b) In computing the amount in any fund or account, Permitted Investments shall be valued at market value, exclusive of accrued interest. Except as provided in Section 3.06 (relating to the valuation of the Reserve Fund), valuation shall occur as determined by the Authority,but not less often than annually, and upon any draw on the Reserve Fund. (c) Except for investment agreements and repurchase agreements, if at any time after investment therein a Permitted Investment ceases to meet the criteria set forth in the definition of Permitted Investments and such obligation, aggregated with other non-conforming investments, exceeds ten percent (10%) of invested funds, such Permitted Investment shall be sold or liquidated. -46- indenture 6-08-09.doc Section 10.10. Article and Section Headiness Gender and References. The headings or titles of the several articles and sections hereof and the table of contents appended hereto shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof, and words of any gender shall be deemed and construed to include all genders. All references herein to "Articles," "Sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and the words "hereby," herein, hereof, hereto, herewith, hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular article, section, subdivision or clause hereof. Section 10.11. Partial Invalidity. If any one or more of the agreements, conditions, covenants or terms contained herein required to be observed or performed by or on the part of the Authority or the Trustee shall be contrary to law, then such agreement or agreements, such condition or conditions, such covenant or covenants or such term or terms shall be null and void and shall be deemed separable from the remaining agreements, conditions, covenants and terms hereof and shall in no way affect the validity hereof or of the Bonds, and the Owners shall retain all the benefit,protection and security afforded to them under any applicable provisions of law. Section 10.12. California Law. This Indenture shall be construed and governed in accordance with the laws of the State of California. Section 10.13. Notices. All written notices to be given hereunder shall be given by certified mail to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time. If to the Authority: South Bayside Waste Management Authority 610 Elm St#202 San Carlos, CA 94070 Attention: Executive Director If to the Trustee: The Bank of New York Mellon Trust Company,N.A. 550 Kearney Street, Suite 600 San Francisco, CA 94108 Attention: Corporate Trust Services If to the Senior Trustee: The Bank of New York Mellon Trust Company,N.A. 550 Kearney Street, Suite 600 San Francisco, CA 94108 Attention: Corporate Trust Services Section 10.14. Effective Date. This Indenture shall become effective upon its execution and delivery. Section 10.15. Execution in Counterparts. This Indenture may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. -47- indenture 6-08-09.doc Section 10.16. Payments Due on Days that are not Business Days. In any case where the date fixed for payment of principal or interest on the Bonds or the date fixed for redemption of Bonds shall not be a Business Day, then payment of such principal or interest or redemption price shall be made on the next succeeding Business Day, with the same force and effect as if made on such non-Business Day and no interest shall accrue on such amounts from and after such non-Business Day. IN WITNESS WHEREOF, the parties hereto have executed and attested this Indenture by their officers thereunto duly authorized as of the day and year first written above. THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., as Trustee By: Authorized Officer SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY By: Executive Director -48- indenture 6-08-09.doc APPENDIX A (FORM OF BOND) NO. $ THE REGISTERED OWNER OF THIS BOND ACKNOWLEDGES AND AGREES THAT THIS BOND MAY ONLY BE TRANSFERRED TO ONE OR MORE MEMBER AGENCY BUYERS UPON SATISFACTION OF THE REQUIREMENTS IN THE INDENTURE, INCLUDING THE DELIVERY TO THE TRUSTEE OF AN INVESTOR LETTER IN THE FORM REQUIRED BY THE INDENTURE,AND SUBJECT TO THE LIMITATION IN THE INDENTURE THAT THE TRANSFER OF THE BOND SHALL NOT CAUSE THE NUMBER OF REGISTERED OWNERS OF THE BONDS TO EXCEED 15. ANY TRANSFER OF THIS BOND IN VIOLATION OF THE TRANSFER RESTRICTIONS CONTAINED IN THE INDENTURE SHALL BE VOID AND OF NO EFFECT. UNITED STATES OF AMERICA STATE OF CALIFORNIA SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY SOLID WASTE ENTERPRISE SUBORDINATE REVENUE BONDS (BAYSIDE ENVIRONMENTAL CENTER) SERIES 2009B (TAXABLE) Rate of Interest MaturitXDate Dated Date CUSIP REGISTERED OWNER: DOLLARS PRINCIPAL AMOUNT: The South Bayside Waste Management Authority, a joint powers authority and public entity duly created and lawfully existing under the laws of the State of California (the "Authority"), for value received, hereby promises to pay (but only out of the Subordinate Net Revenues hereinafter referred to) to the registered owner specified above or registered assigns on the maturity date specified above (subject to any right of prior redemption provided for) the principal sum specified above, together with interest thereon from the Interest Payment Date (defined below) next preceding the date of authentication hereof (unless such date of authentication is during the period commencing after the fifteenth day of the month preceding an Interest Payment Date (the "Record Date") through and including the next succeeding Interest Payment Date, in which event this Bond shall bear interest from such Interest Payment Date, or unless such date of authentication is on or prior to the first Record Date, in which event it shall bear interest from the Dated Date until the principal hereof shall have been paid at the interest rate per annum specified above, payable on [September 1, 2009], and semiannually thereafter on March 1 and September 1 in each year (each, an "Interest Payment Date"); provided, however, that if on the date of authentication of this Bond, interest is then in default on this Bond, such A-2-1 indenture 6-08-09.doc Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment. The principal of this Bond shall be payable in lawful money of the United States of America at the Principal Office (as provided in the Indenture, defined below) of The Bank of New York Mellon Trust Company,N.A. (the "Trustee"), upon presentation and surrender of this Bond. In the event that the principal of the Bonds is not paid in full on the Maturity Date, interest shall continue to accrue on the unpaid principal amount of the Bonds at the rate provided for herein until such principal amount is paid in full. Amounts paid on the Bonds shall be applied first to the interest due thereon and, only after all such interest has been paid in full, shall then be applied to the principal due thereon. Payment of interest on this Bond due on or before the maturity or prior redemption thereof shall be made to the person in whose name such Bond is registered, as of the Record Date preceding the applicable Interest Payment Date, on the registration books kept by the Trustee at its Trust Office, such interest to be paid by check mailed by first class mail on such interest payment date to the registered owner at his or her address as it appears on such books, or, upon the written request from any Owner of Bonds aggregating, at least $1,000,000, received on or prior to the applicable Record Date, by wire transfer to an account within the United States. Interest on this Bond shall be payable in lawful money of the United States of America and shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. This Bond is one of a duly authorized issue of bonds of the Authority designed as its "South Bayside Waste Management Authority Solid Waste Enterprise Subordinate Revenue Bonds (Bayside Environmental Center), Series 2009B (Taxable)" (the "Bonds"), in the aggregate principal amount of Dollars ($ .), all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers, maturities and interest rates), and is issued under and pursuant to the provisions of an indenture of trust, dated as of July 1, 2009 (the"Indenture"), between the Authority and the Trustee. The Bonds are issued to provide funds to finance certain improvements to the solid waste enterprise of the Authority. The Bonds are limited obligations of the Authority and are payable, as to interest thereon and principal solely from Subordinate Net Revenues, on a subordinate basis to the Authority's Senior Lien Obligations (all as defined in the Indenture). All the Bonds are equally and ratably secured in accordance with the terms and conditions of the Indenture by a pledge of the Subordinate Net Revenues, which Subordinate Net Revenues shall be held in trust for the security and payment of the interest on, principal of and redemption premiums, if any, on the Bonds as provided in the Indenture. Neither the faith and credit of the Authority,the State of California, nor any of its political subdivisions are pledged to the payment of the principal of or interest on the Bonds. Copies of the Indenture are on file at the Principal Office of the Trustee. Reference is hereby made to the Indenture and to any and all amendments thereof and supplements thereto for a description of the agreements, conditions, covenants and terms securing the Bonds, for the nature, extent and manner of enforcement of such agreements, conditions, covenants and terms, for the rights and remedies of the Owners of the Bonds with respect thereto and for the other A-2-2 indenture 6-08-09.doc agreements, conditions, covenants and terms upon which the Bonds are executed and delivered thereunder. To the extent and in the manner permitted by the terms of the Indenture,the provisions of the Indenture may be amended or supplemented in writing by the parties thereto (in certain instances without the consent of the Owners of Bonds), but no such amendment or supplement shall (i) reduce the rate of interest evidenced hereby or extend the time of payment of such interest or reduce the amount of principal hereof or extend the Maturity Date hereof without the prior written consent of the Owner hereof, or (ii) reduce the percentage of Owners of Bonds whose consent is required for the execution of any amendment of or supplement to the Indenture, or(iii)modify any rights or obligations of the Trustee without its prior written consent thereto. The Bonds are authorized to be executed and delivered in the form of fully registered Bonds in denominations of five thousand dollars ($5,000)or any integral multiple thereof. This Bond is transferable or exchangeable by the Owner hereof in person or by the Owner's attorney duly authorized in writing, at the Principal Office of the Trustee,but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, and upon surrender of this Bond for cancellation accompanied by delivery of a duly executed written instrument of transfer or exchange in a form approved by the Trustee. Upon such transfer or exchange, a new Bond or Bonds of authorized denominations of the same Maturity Date and interest rate and in the same aggregate principal amount hereof will be executed and delivered by the Authority and authenticated by the Trustee to the Owner thereof in exchange therefor. The Trustee shall require the payment by the Owner requesting such transfer or exchange of any tax or other governmental charge required to be paid with respect to such transfer or exchange. The Trustee may treat the Owner hereof as the absolute owner hereof for all purposes,whether or not this Bond shall be overdue, and the Trustee shall not be affected by any knowledge or notice to the contrary; and payment of the interest and principal and redemption premium, if any, evidenced by this Bond shall be made only to such Owner, which payments shall be valid and effectual to satisfy and discharge liability evidenced by this Bond to the extent of the sum or sums so paid. The Trustee shall not be obligated to make any such registration of transfer or exchange of Bonds during the fifteen (15) day period prior to the date on which notice of redemption must be mailed pursuant to the Indenture, or with respect to any Bond which has been selected for redemption pursuant to the Indenture (except any unredeemed portion thereof). The Bonds are subject to optional redemption on any date, in whole or in part, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest to the redemption date,without a premium. As provided in the Indenture, notice of redemption hereof shall be mailed, first class postage redeemed, not less than thirty (30) nor more than forty-five (45) days prior to the redemption date, to the Owner of this Bond at such Owner's address as it appears in the registration books maintained by the Trustee, but failure to give any such notice or any defect therein shall not affect the validity of the proceedings for the redemption of this Bond. If this A-2-3 indenture 6-08-09.doc Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, the interest evidenced hereby shall cease to accrue from and after the date fixed for redemption. The Trustee has no obligation or liability to the Owners of the Bonds for the payment of the interest or principal or redemption premiums, if any, on the Bonds; but rather the Trustee's sole obligations are to administer, for the benefit of the Authority and the Owners of the Bonds, the various funds established under the Indenture. This Bond shall not be entitled to any benefit, protection or security under the Indenture or become valid or obligatory for any purpose until certificate of authentication and registration hereon endorsed shall have been manually executed and dated by the Trustee. It is hereby certified that all acts and proceedings required by law necessary to make this Bond, when executed by the Authority, authenticated and delivered by the Trustee and duly issued, the valid,binding and legal limited obligation of the Authority have been done and taken, and have been in all respects duly authorized. IN WITNESS WHEREOF, the South Bayside Waste Management Authority has caused this Bond to be executed in its name and on its behalf by the manual or facsimile signature of its Executive Director and attested to by the manual or facsimile signature of its Secretary, and has caused this Bond to be dated as of the dated date set forth above. SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY [Seal] By: Executive Director ATTEST: By: Secretary A-2-4 indenture 6-08-09.doc CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within mentioned Indenture which has been authenticated and registered on the date set forth below. Date: THE BANK OF NEW YORK MELLON TRUST COMPANY,N.A., as Trustee By: Authorized Signatory A-2-5 indenture 6-08-09.doc ASSIGNMENT For value received, the undersigned does hereby sell, assign and transfer unto the within Bonds and does) hereby irrevocably constitute and appoint attorney to transfer such Bond on the register of the Trustee,with full power of substitution in the premises. Dated: Signature: Bond: The signature(s) to this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed by: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Trustee. A-2-6 indenture 6-08-09.doc APPENDIX B FORM OF INVESTOR LETTER 20_ SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY SOLID WASTE ENTERPRISE SUBORDINATE REVENUE BONDS (BAYSIDE ENVIRONMENTAL CENTER) SERIES 2009B (TAXABLE) South Bayside Waste Management Authority 610 Elm St#202 San Carlos, CA 94070 Nossaman LLP 18101 Von Karman Ave., Suite 1800 Irvine, California 92612 Ladies and Gentlemen: The undersigned, a duly authorized representative of the "Purchaser" has agreed to purchase from the South Bayside Waste Management Authority (the "Authority") $ principal amount of its South Bayside Waste Management Authority Solid Waste Enterprise Subordinate Revenue Bonds(Bayside Environmental Center), Series 2009B (Taxable) (the"Bonds"). In connection therewith,the undersigned represents and warrants that: (1) The Purchaser is a Member Agency (as defined in the indenture of trust, dated as of July 1, 2009 (the "Indenture"), between The Bank of New York Mellon Trust Company,N.A. (the"Trustee") and the Authority). (2) The Purchaser has sufficient knowledge and experience in financial and business matters, including purchase and ownership of taxable and tax-exempt municipal obligations, to be able to evaluate the economic and legal risks and merits of the investment represented by the purchase of the Bonds. (3) The Purchaser understands that the terms of the Bonds, and the limitations on resale, may mean the Bonds are not readily marketable. The Purchaser represents that it can bear the economic risk of loss of the value of the Bonds, that it has adequate means for providing for its current needs and contingencies, and that it has no need for liquidity with respect to the Bonds. The Purchaser understands that the Bonds are currently not legally required to be, have A-1 indenture 6-08-09.doc not been and are not intended to be, registered under the Securities Act of 1933, as amended (the "1933 Act"); and further understands that the Bonds (a) are not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state, (b)will not be listed in any stock or other securities exchange, and(c)will not carry a rating from any rating service. (4) The Purchaser is purchasing the Bonds for its own account and not with a present view to, and with no present intention of, selling, pledging, transferring, conveying, hypothecating, mortgaging, disposing, reoffering, distributing, or reselling the Bonds, or any part or interest thereof in a manner that would cause the Purchaser to be deemed an "underwriter" of the Bonds as defined in Section 2(11) of the Securities Act of 1933, as amended (the "Securities Act"). (5) The Purchaser has made its own inquiry and analysis with respect to the Bonds and the security therefore, and other material factors affecting the security and payment of the Bonds. The Purchaser recognizes and agrees that the Authority, each employee of the Authority, each member of the governing board of the Authority, counsel to the Authority, the the Trustee, counsel to the Trustee and Bond Counsel have made no representations or statements (expressed or implied) with respect to the accuracy or completeness of any of the Authority information reviewed by the Purchaser in connection with the Purchaser's purchase of the Bonds and that such parties have no duty to the Purchaser to make any representation or provide any disclosure document to the Purchaser in connection with its purchase of the Bonds. In making an investment decision, the Purchaser is relying solely upon its own examination of the Authority and the Bonds. (6) The Purchaser further acknowledges that it is responsible for consulting with its advisors concerning any obligations, including, but not limited to, any obligations pursuant to federal and state securities and income tax laws, it may have with respect to subsequent purchasers of the Bonds if and when any such future disposition of the Bonds may occur. (7) The Purchaser acknowledges that it has the right to sell and transfer the Bonds in Authorized Denominations to another Member Agency, subject to the limitation in the Indenture that the transfer of the Bonds will not cause the number of registered owners of the Bonds to exceed 15 and subject to the delivery to the Trustee of an investor's letter from the transferee to the same effect as this Investor Letter, with no revisions except as may be approved in writing by the Authority. The Purchaser understands that the Trustee will not be required to accept for registration of transfer any Bonds unless such investor's letter, together with the form of the Authority's consent to any modifications, if applicable, is delivered to the Trustee, and failure to deliver such investor's letter, together with the form of the Authority's consent to any modifications,if applicable, shall cause the purported transfer to be null and void. (8) The Purchaser has not relied upon or received any recommendation from, and agrees to indemnify and hold harmless the Authority agents, employees, and consultants from and against all liabilities, claims, damages, losses, penalties, costs and expenses, including, but not limited to, any attorneys' fees, expenses, and costs of appeal arising from or in connection A-2 indenture 6-08-09.doc with any purchase or sale or any other disposition of the Bonds by or for the undersigned in violation of the representations and warranties contained in this Certificate. (9) The undersigned is duly authorized to execute and deliver this Certificate on behalf of the Purchaser, and that all requisite corporate or other necessary action by the Purchaser for the delivery of this Certificate, and the purchase of the Bonds have been duly and validly completed. Very truly yours, [PURCHASER] By: Name: Title: AGREED TO AND ACCEPTED this day of 520— SOUTH 20_SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY By: Title: A-3 indenture 6-08-09.doc CITY 0 STAFF REPORT BURLINGAME AGENDA ITEM# 7c MTG. OA�AATED JYNEd' DATE June 15,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY Don Dornell DATE: June 5 2009 APPROVED FROM: Don Dornell, Fire Chief BY SUBJECT: Waiver of Block Party Fees in lieu of Emergency Prepredness Presentation RECOMMENDATION: The Council direct staff regarding interest in a program that exchanges Block Party fees for an Emergency Preparedness Presentation. BACKGROUND: At a recent meeting, Council discussed the waiver of Block Party fees in exchange for a presentation on emergency preparedness programs available to the public. Staff was directed to discuss the proposal and return to the City Council with a recommendation. Representatives from Public Works and the Fire Department met to discuss the current number of block parties,the amount of staff time related to support the permitted event, and the fees collected. Each year there are between 35-45 block parties in Burlingame. Permits are issued through Public Works during normal staff hours with a 10-working day application process. Staff reviews the permits, confirms the required signatures, and schedules support from Public Works personnel for the drop-off and pick-up of the required barricades. Notices are sent to the Police and Fire Departments of the approval and location of the events. The $50.00 fee does not cover actual costs for the processing and support provided for the block party. OPTION I-Waiver of the Permit Fee in Return for an Opportunity for CERT Volunteers to Make a Brief Informational Presentation This option would have the fee waived at the time of application with the understanding that CERT volunteers would stop by the block party at a predetermined time to allow a brief presentation on the CERT program, Get Ready Program, and other services available to the public. The Fire Department would attempt to have an in-service company visit at the agreed upon time,but cannot commit to their presence at the event due to calls for service,required training, station coverage, and other department business. This option has no requirement on the number of attendees,does not guarantee the interest level of those present, is dependant upon the reliability of volunteers,and has no assurance that people will attend. It does relieve staff from having to schedule a separate presentation. There is no certainty that the waiver of fees will produce the intended audience and education of the public. OPTION 2-Waiver of the Permit Fee in Return for an Opportunity for CERT Volunteers to Make a Brief Informational Presentation Staff identified some concerns about Option#1,the proposed waiver of fees in exchange for an emergency preparedness presentation which include: scheduling of a presentation time,the interest of attendees,equitability of waiver vs. ability of staff to make commitments, commitment of staff time, value gained,and available staff hours to make a presentation, and justification of the waiver of fees. To address these concerns, staff developed a second option which would consist of a program that rebates Block Party fees. The program would require the following conditions: • A commitment of CERT volunteers to make the presentations to the public • Separate the presentation from the Block Party • Scheduling of a presentation within a reasonable time frame • Commitment of a minimum number of adult attendees • Rebate the Block Party fees after the presentation has been made Our Disaster Preparedness Coordinator's hours have been reduce by 15%in FY 09-10, staff recommends the use of available hours for the needs of the City of Burlingame and for the presentation of 2 CERT classes in the coming FY. The use of CERT volunteers places a value on their efforts and allows citizens to hear first-hand from other citizens. Separation of the Block Party and the presentation ensures that there is true interest in the presentation and ample opportunity for discussion. The scheduling and time frame, along with the commitment of attendees,helps justify the rebate of collected fees. However the commitment required on the part of the person securing the block party permit (scheduling,hosting and securing enough community participation)may result in very few people agreeing to this approach just to get the $50 fee refunded. If the Council supports moving forward on one or a variation of the options presented staff recommends a pilot program from July through October to measure the success of the program. ATTACHMENTS: None BUDGET IMPACT: Decrease in revenues from Block Party Fees and possible increase in limited staff time. CITY o� STAFF REPORT BURUNGAME AGENDA 7d ITEM# HCU MTG.qAA ro JUNE 900 DATE June 15,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMI BY DATE: June 5, 2009 APP OVED Y FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: Approval of A Ballot Measure Approving An Increase of the City's Transient Occupancy Tax (TOT) from 10% to 12% and Ordering An Election To Be Held November 3, 2009 RECOMMENDATION: That the City Council approves a resolution: 1. Ordering The Submission To The Qualified Electors Of The City Of Burlingame, At The General Municipal Election To Be Held Tuesday, November 3, 2009, A Ballot Measure Approving An Increase Of The City's Transient Occupancy Tax From 10% To 12%, And Ordering The Publication Thereof; And 2. Requesting Consolidation With Any Other Election Conducted On The Same Date; And 3. Requesting Election Services By County Clerk; And 4. Requesting The City Attorney To Prepare An Impartial Analysis Of The Measure. BACKGROUND: The City of Burlingame will add a measure to the November 3, 2009 election ballot asking city voters to approve an increase in the Transient Occupancy Tax from 10% to 12%. The ballot measure is an increase to the general tax imposed by the city under Chapter 4.09 of the Municipal Code, Uniform Transient Occupancy Tax. The last tax increase was in September 1991 when the Council increased the tax rate from 8% to 10%. The 10% tax rate was reaffirmed and validated by Burlingame voters in 2001 by an affirmative vote of 71.6%. The ballot measure is needed to help generate additional revenue to help the city meet its current and future obligations. Those include funding for general city services and infrastructure maintenance and improvements, including the reconstruction of the Hwy 101 and Broadway Ave. interchange. The city's portion of the interchange project is estimated at $8 million with funding coming from the general fund. Ballot Language The ballot language will read as follows: "To preserve funding for general city services, including maintaining public safety, recreation,planning and library services, and repairing and improving city streets and infrastructure, such as the Broadway/Highway 101 interchange, shall the City of Burlingame approve an ordinance amending the Burlingame Municipal Code to increase the transient occupancy tax from ten (1091o)per cent to twelve (12%)per cent on the rent charged to hotel guests within the City?" 1 Ordinance Amendment Chapter 4.09 of the Municipal Code, Uniform Transient Occupancy Tax will be amended to increase the tax from 10% to 12%. A public hearing will be held and an ordinance amendment will be introduced at the City Council meeting of July 20,2009. A second public hearing will be held on August 17, 2009 prior to the final adoption of the ordinance by the Council. By its own language, however, the ordinance will not become effective unless the voters approve it at the November 3rd election and then only 10 days after the Council approves the canvass of votes. Impartial Analysis and Public Information The city attorney will prepare an impartial analysis of the ballot measure. Arguments in favor and in opposition to the measure will also be developed and presented to the voters. Public information that will help educate the voters about the measure will also be made available. FISCAL IMPACT: If approved by the voters, the increase in the TOT is expected to produce approximately$2 million per year depending on annual gross hotel room rental revenue. Attachment A. illustrates the difference in TOT revenue collections derived from the current 10% tax rate and the proposed 12%tax rate. If approved, the new tax rate would become effective January 1, 2010. Therefore, the potential increase in revenue for fiscal year 2009-2010 would be $1 million for the remaining six months of the fiscal year. Understandably this is a difficult time to increase a general tax that is applicable only to hotels. Hotel occupancy rates are down reflecting a lull in both business travel and tourism. However the need for the increase confronts the city now. In addition, a number of other San Mateo County cities are also placing a similar measure on their ballots. This will help prevent undue competition from neighboring hotels arising from the increase in the Burlingame tax rate. ATTACHMENTS: Attachment A. City of Burlingame, CA, Transient Occupancy Taxes—Comparison of Tax Rates On Annual Collections Resolution of the City Council of the City of Burlingame: 1. Ordering The Submission To The Qualified Electors Of The City Of Burlingame, At The General Municipal Election To Be Held Tuesday, November 3, 2009, A Ballot Measure Approving An Increase Of The City's Transient Occupancy Tax From 10% To 12%, And Ordering The Publication Thereof; And 2. Requesting Consolidation With Any Other Election Conducted On The Same Date; And 3. Requesting Election Services By County Clerk; And 4. Requesting The City Attorney To Prepare An Impartial Analysis Of The Measure. An Ordinance Of The City Council Of The City Of Burlingame Amending Section 4.09.025 Of Chapter 4.09 Of The Burlingame Municipal Code, To Increase The Transient Occupancy Tax Rate From 10% To 12% On The Rent Charged By Operators To Hotel Guests Within The City 2 Attachment A. City of Burlingame, CA Transient Occupancy Taxes -Comparison of Tax Rates on Annual Collections Adopted Est Proposed FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY09 FY10 otal Collections(10%): $ 13,817,546 $ 7,698,028 $ 6,679,954 $ 7,299,334 $ 8,066,749 $ 9,280,658 $ 10,355,405 $ 11,264,601 $ 11,536,432 $ 11,000,000 $ 10,267,424 Gross Revenues: $ 138,175,460 $ 76,980,280 $ 66,799,540 $ 72,993,340 $ 80,667,490 $ 92,806,580 $ 103,554,050 $ 112,646,010 $ 115,364,320 $ 110,000,000 $ 102,674,240 otal Collections(12%): $ 16,581,055 $ 9,237,634 $ 8,015,945 $ 8,759,201 $ 9,680,099 $ 11,136,790 $ 12,426,486 $ 13,517,521 $ 13,843,718 $ 13,200,000 $ 12,320,909 Additional Collections: $ 2,763,509 $ 1,539,606 $ 1,335,991 $ 1,459,867 $ 1,613,350 $ 1,856,132 $ 2,071,081 $ 2,252,920 $ 2,307,286 $ 2,200,000 $ 2,053,485 �� —Total Collectlons(10%) Total Collections(12%) J O $16 .,.$.1 $1'4 — -- $13.5 - $13.8 i $13.2 r —. $13 $13.8 $12.4 - $12.3 $11.1 $11 $9.7 ' $11 5; -- $10 $9.2 - - __ $11 3_ __ i !$11.01 -- $8.8 $9 -- — $8.0� I --- - --- $10.4 $10.3 $$ $9.3 - _ $8.1 $5 - $4 FY01 FY02FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY09 FY10 Adopted Est Proposed 51TOT\2009 Bection\Revenue Estimates.xls 6/8/2009 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME: 1) ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF BURLINGAME, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2009, A BALLOT MEASURE APPROVING AN INCREASE OF THE CITY'S TRANSIENT OCCUPANCY TAX FROM 10% TO 12%, AND ORDERING THE PUBLICATION THEREOF; AND 2) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 3) REQUESTING ELECTION SERVICES BY COUNTY CLERK; AND 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. WHEREAS, the City Council of the City of Burlingame, by adoption of Resolution No. 29-09, has called a general municipal election to be held on Tuesday,November 3, 2009; and WHEREAS, the City Council has determined to submit to the voters at the general municipal election on November 3, 2009, a ballot measure adopting an ordinance amending section 4.09.025 of the Burlingame Municipal Code, to increase the City's transient occupancy tax from ten (10%) per cent to twelve (12%) per cent on the rent charged by the operator to hotel guests within the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Burlingame City Council, pursuant to the laws of the State of California, does hereby order submitted to the qualified electors of the City of Burlingame at the general municipal election to be held Tuesday, November 3, 2009, the following measure, to wit: CITY OF BURLINGAME INCREASE OF TRANSIENT OCCUPANCY TAX MEASURE To preserve funding for general city services, including maintaining public safety, recreation, planning and library services, and repairing YES 1 and improving city streets and infrastructure, such as the Broadway/Highway 101 interchange, shall the City of Burlingame approve an ordinance amending the Burlingame Municipal Code to NO increase the transient occupancy tax rate from ten (10%) per cent to twelve (12%) per cent on the rent charged to hotel guests within the City?" Section 2: A copy of the ordinance amending Burlingame Municipal Code section 4.09.025 to increase the City's transient occupancy tax from 10% to 12%, which ordinance is to be submitted to the qualified electors of the City of Burlingame for approval at the general municipal election to be held on Tuesday November 3, 2009, is attached hereto as Exhibit"A". Section 3: Pursuant to California Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of San Mateo to make available the services of the County Clerk as County Elections Official for the purpose of performing the usual and customary services necessary in the conduct of the consolidated general municipal election, including the provision of election supplies and voters' pamphlets. Section 4: Pursuant to California Elections Code Section 10400 and following, the City Council hereby requests the Board of Supervisors of the County of San Mateo to order the consolidation of the general municipal election to be conducted within the boundaries of the City of Burlingame on November 3, 2009, with respect to which the Board of Supervisors of the County of San Mateo has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the elections in public districts to be held the same day. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the County Clerk of the County of San Mateo in accordance with the provisions of law regulating the elections so consolidated. Section 5: The City Clerk is hereby authorized and directed to publish a notice of the general municipal election within the time and in the manner specified in California Elections Code Section 12101. The City Clerk is further authorized and directed to perform any and all actions required by law to hold the general municipal election above provided. Section 6: The City Clerk is hereby authorized and directed to give such further or additional notice of said election in time, form, and manner as required by law. Section 7: The City Council of the City of Burlingame hereby authorizes and directs the City Clerk to select, from those direct arguments properly submitted, an argument for and an argument against the measure, to be printed and distributed pursuant to Elections Code section 9287. 2 Section 8: The City Council of the City of Burlingame hereby authorizes and directs the City Clerk to accept rebuttal arguments submitted to the Clerk within ten (10) days after the final date for filing direct arguments pursuant to Elections Code section 9285. Section 9: The City Council of the City of Burlingame hereby directs the City Attorney to prepare an impartial analysis of said ballot measure pursuant to California Elections Code Section 9280. Section 10: This Resolution of the City Council submitting to the qualified electors of the City of Burlingame this ballot measure amending Burlingame Municipal Code section 4.09.025 to increase the transient occupancy tax rate from ten (10%) per cent to twelve (12%) per cent on the rent charged to hotel guests within the City of Burlingame at the general municipal election to be held Tuesday,November 3, 2009, shall be effective June 2, 2009. Section 11: The City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of San Mateo. Ann Keighran, Mayor I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council on Monday, the 15th day of June, 2009 by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING SECTION 4.09.025 OF CHAPTER 4.09 OF THE BURLINGAME MUNICIPAL CODE, TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 10% TO 12% ON THE RENT CHARGED BY OPERATORS TO HOTEL GUESTS WITHIN THE CITY WHEREAS, because of declining revenues caused by the current economic recession, the City of Burlingame has reduced its fiscal year 2008-2009 budget by more than $2 million dollars; and WHEREAS, the California State government has threatened to take away a significant share of the City's local tax revenue in order to balance the State budget, thereby exacerbating the City's budget problems; and WHEREAS, the City has taken action in the 2009-2010 fiscal year budget to cut costs, eliminate waste and reduce employee salaries and benefits in order to adjust to the realities of the current economic situation; and WHEREAS,the City, despite the budget cuts that have already been made, faces only two realistic choices for addressing further declining City funds: either the City must generate additional revenue or drastically reduce essential City services; and WHEREAS, the City Council of the City of Burlingame, by adoption of Resolution No. 29-09, has called a general municipal election to be held on Tuesday, November 3, 2009; and WHEREAS, in order to provide additional funding to preserve essential City services and to maintain and improve City infrastructure including the Broadway/Highway 101 interchange, the City Council has determined to submit to the voters at the general municipal election on November 3, 2009, a ballot measure adopting an ordinance amending section 4.09.025 of the Burlingame Municipal Code, to increase the City's transient occupancy tax from ten (10%) per cent to twelve (12%) per cent on the rent charged by the operator to hotel guests within the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 4.09.025 of Chapter 4.09 of the Burlingame Municipal Code is hereby amended to read as follows: "4.09.025 Tax Rate For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator." Section 2. Effective Date This ordinance amending section 4.09.025 of Chapter 4.09 of the Burlingame Municipal Code shall only become effective ten (10) days after the date on which the City Council has approved the canvass of votes and declared that the voters of the City of Burlingame have approved said ordinance by a vote of no less than a majority of the votes cast by the electors voting on the tax measure set forth in this ordinance at the general municipal election to be held on Tuesday, November 3, 2009. Ann Keighran, Mayor The foregoing Ordinance No. was introduced at a Regular Meeting of the City Council of the City of Burlingame, held on the 20th day of July, 2009 by the following vote,to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers and will come up for adoption as an Ordinance of the City of Burlingame at a Regular Meeting of the Council to be held on the 17th day of August,2009. Mary Ellen Kearney, City Clerk 4 CITY ,� STAFF REPORT BURUNGAME AGENDA ITEM# 7e .� MTG. DATE 6 Q �NwTFn.nwa O. TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: June 9, 2009 APPROVED FROM: Deirdre Dolan, Human Resources Director BY )z �e I-Ilt SUBJECT: Resolution Affirming City Council Retiree Medical Bene s RECOMMENDATION: Staff recommends that Council approve the resolution affirming that City Council Members receive retiree medical benefits equivalent to those provided to miscellaneous employees of the City of Burlingame. BACKGROUND: As is common in many other jurisdictions, the City's long standing practice has been to provide retiree medical benefits to Council Members in the same manner as are granted to the City's miscellaneous employees. In 2008, Council approved a reduction in retiree medical benefits for miscellaneous employees hired after March 31, 2008. This reduction in retiree medical benefits likewise applies to City Council members newly elected after March 31, 2008. Staff is recommending that the Council approve the attached resolution codifying that 1) Council Members receive retiree medical benefits equivalent to miscellaneous employees; and 2)the reductions in retiree medical benefits for other miscellaneous employees were intended to apply to council members. BUDGET IMPACT: None. ATTACHMENTS: Resolution Affirming Retiree Medical Benefits for City Council Members RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AFFIRMING CITY'S PROVISION OF RETIREE MEDICAL BENEFITS TO CITY COUNCIL MEMBERS WHEREAS, as authorized by Government Codes sections 53201 et seq., the City of Burlingame has for many years provided to its City Council members the same retiree health benefits that it provides to its miscellaneous employees; and, WHEREAS, in early 2008, the City Council approved a reduction in retiree health benefits for all of the City's miscellaneous employees hired after March 31, 2008; and WHEREAS, the Council intended that the same reduction in retiree health benefits also be applied to all Council members elected after March 31, 2008; and WHEREAS, though it has never done so in the past, the City desires to formalize in writing that the retiree health benefits which it provides to its miscellaneous employees shall be the same retiree health benefits which the City provides to its Council members; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME HEREBY RESOLVES AS FOLLOWS: 1) The City Council finds that all of the facts recited above and in the accompanying staff report are true and correct. 2) The City Council reaffirms that the retiree health benefits received by City Council members are, and shall continue to be, the same retiree health benefits which the City provides to its miscellaneous employees. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 150' day of June, 2009, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Agenda 8a Item Meeting BURLINGAME STAFF REPORT Date: June 15, 2009 SUBMITTED By! APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JUNE 3, 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION AUTHORIZING AMENDMENT TO AN AGREEMENT WITH PARKING COMPANY OF AMERICA FOR NORTH BURLINGAME SHUTTLE SERVICES RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing Amendment No. 4 to an existing agreement with Parking Company of America (PCA) for North Burlingame Shuttle services up to three years. BACKGROUND: The North Burlingame shuttle connects the Mills Peninsula Medical Center and the Sisters of Mercy with the Millbrae Intermodal Station. The shuttle operates during the peak commute times of 6:00 AM to 9:00 AM and 3:00 PM to 7:00 PM. Fifty percent of the funding is provided by a C/CAG (City/County Association of Governments) grant. The project sponsors, Mills Peninsula Medical Center and the Sisters of Mercy combined, provide the remaining fifty percent of the cost for the shuttle. The average daily rider-ship has grown to approximately 60 with about 9 riders per service hour. Staff will continue to evaluate ridership on this shuttle based on construction at the Mills Peninsula Medical Center and C/CAG performance standards. BUDGET IMPACT: The estimated cost of the North Burlingame shuttle for FY2009-10 is $105,650, which will be funded 100% by a C/CAG grant, and contributions from Mills Peninsula Health Services and the Sisters of Mercy. The City's cost for this shuttle is only for staff time to administer the contract and to manage financing. EXHIBITS: Resolution; Agreement Amendment No. 4 to the Agreement between the City of Burlingame and Parking Corporation of America Management, LLC for the North Burlingame Shuttle Bus Services; North Burlingame shuttle schedule and route i /J� e Gomery (grogram Manager c: City Manager, City Attorney, Financial Services Manager, Parking Company of America, Peninsula Congestion Relief Traffic Alliance S:\A Public Works Directory\Staff Reports\Staff Report North PCA Agree 6-15-09.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND PARKING CORPORATION OF AMERICA (PCA) FOR THE NORTH BURLINGAME SHUTTLE BUS SERVICES WHEREAS,the City and PCA entered into an agreement for North Burlingame shuttle bus services on July 10, 2000, pursuant to City Resolution No. 72-2000, and subsequently amended the Agreement May 22, 2003 and June 22, 2004 and May 4, 2006; and WHEREAS,the City wishes to continue to provide the North Burlingame shuttle service between the Millbrae Inter-Modal station and Mills Peninsula Hospital and Mercy High School; and WHEREAS, PCA is willing to provide this service as an amendment to its existing contract with the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The City Council hereby approves Amendment No. 4 to the July 13, 2000, Agreement between the City and Parking Corporation of America, as contained in Exhibit"A"hereto, and 2. The City Manager is authorized and directed to execute Amendment No. 4 by and on behalf of the City. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the Fifteenth(15t ) day of June 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND PARKING CORPORATION OF AMERICA MANAGEMENT, LLC (PCA) FOR THE NORTH BURLINGAME SHUTTLE BUS SERVICES THIS AMENDMENT NO. 4, made and entered into this 15`" day of June, 2009, by and between the CITY OF BURLINGAME, a municipal corporation [hereinafter"City"], and PARKING COMPANY OF AMERICA MANAGEMENT LLC [hereinafter"Contractor"], amends the Agreement between the parties dated July 10, 2000 as amended May 22, 2003 and June 22, 2004 and May 4, 2006 [hereinafter"Agreement"]. RECITALS WHEREAS,the City and Contractor entered into an agreement for North Burlingame shuttle bus services on July 10, 2000, pursuant to City Resolution No. 72-2000, and subsequently amended the Agreement May 22, 2003 and June 22, 2004; and WHEREAS,the City wishes to continue to provide the North Burlingame shuttle service between the Millbrae Inter-Modal station and Mills Peninsula Hospital and Mercy High School; and WHEREAS, Contractor is willing and able to provide this service as an amendment to its existing contract with the City; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Renewal. The Agreement is amended to renew the Agreement on the same terms and conditions except as otherwise expressly provided in this Amendment No. 4, for a period of three (3) years to June 30, 2012. This Agreement shall be for the provision of North Burlingame shuttle service only. 2. Financial Contributions. This renewal is conditioned upon the continued financial contribution of Mills Peninsula Medical Center and the Sisters of Mercy and upon the grant from C/CAG to the City of Burlingame. Should any of these sources of funding for the North Burlingame shuttle be reduced and/or eliminated, City's obligation to Contractor shall be correspondingly reduced and/or eliminated per section. 3. Compensation. City shall compensate Contractor for the services provided at the following rates: a) July 1, 2009 through June 30, 2010: $57.24 per hour b) July 1, 2010 through June 30, 2011: 5 8.9 5 per hour c) July 1, 2010 through June 30, 2012: 60.72 per hour 4. Fuel Surcharge. The base fuel price shall be $2.85 per gallon, figured upon the average cost of fuel plus 15%used to determine the original contract rates. When the cost of fuel exceeds the base price, the City shall pay contractor the surcharge amount which shall be the cost per-gallon in excess of the base rate. There shall be no surcharge when the Contractor's average cost of fuel is below the base price. 5. Routes Provided. The Contractor will continue to provide the North Burlingame shuttle bus service serving the locations shown in Exhibit"A" to this Amendment No. 4. 6. Reduction or Termination of Agreement. Contractor understands, acknowledges and agrees that the services under this Amendment No. 4 and the Agreement are subject to being discontinued, reduced, or increased by the City at any time upon thirty (30) days written notice because of availability of funding, amount of ridership, and other factors. 7. Except as expressly amended herein, all other terms and conditions contained in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 4 on the day and year first above written. CITY OF BURLINGAME PARKING COMPANY OF AMERICA MANAGEMENT LLC By By City Manager Print Name: Attest: Approved as to form: City Clerk City Attorney Exhibit A Millbrae Nortel Station ,0 Burlingame +f ' mom' -o` North Burlingame �. Adeline! Mills- Balboa Peninsula Adeline/ BART & Caltrain Health Services Bernal. , Shuttle Sisters of Mercy Monday -- Friday Service Managed by: City Sponsor EFFECTIVE: January 1, 2008 We would like to thank the following entities for their financial contributions to the service. MULE EU RLI NGAtM1E • City of Burlingame C/CAG • Mills-Peninsula Health Services iq/Counh Associatl000Mmcrnmcon orsnn%loco Conn11 • Sisters of Mercy of the Americas • City/County Association of Governments Commute Information Hotline: 5-1-1 of San Mateo County 1150 Bayhill Drive Or Online: www.511.ord Suite 107, San Bruno,CA Shuttle Vendor: PCA 94066 RMUIE.ONG Phone Number: (415) 378-0974 P:65U-588-8170 F:650-588-8171 Shuttle Service Info: (650) 588-1600 Revised: March 2,2009 North • ame - AM Schedule North • PM Schedule Run Numbers AM 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 Run Numbers PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 BART ARRIVES MILLBRAE STATION BART ARRIVES MILLBRAE STATION Dublin/Pleasanton Transfer at Balboa Park Station Dublin/Pleasanton Transfer at Balboa Park Station Fremont Transfer at Balboa Park Station Fremont Transfer at Balboa Park Station Pittsburg/Bay Point Transfer at Balboa Park Station Pittsburg/Bay Point Transfer at Balboa Park Station Richmond 5:37 6:07 6:22 6:52 7:22 7:52 8:22 Richmond 252 3:07 3:37 4:07 4:22 4:52 5:07 5:37 6:07 CALTRAIN ARRIVES MILLBRAE STATION CALTRAIN ARRIVES MILLBRAE STATION Train Numbers 101 103 305 207 313 217 323 Train Numbers 253 155 257 - 159 261 365 369 373 Northbound(from SJ) 5:33 6:08 6:24 6:59 7:24 7:59 8:24 Northbound(from SJ) 2:41 3:13 3:41 - 4:10 4:43 5:05 5:25 6.05 Train Numbers 102 104 206 210 314 218 322 Train Numbers 154 256 158 260 362 368 270 372 276 Southbound(from SF) 5:19 5:49 6:29 701 7:32 7:48 8:17 Southbound(from SF) 2:31 2:55 3:31 3:55 4:25 4:49 5:14 5:30 5:56 SHUTTLE DEPARTS MILLBRAE STATION SHUTTLE DEPARTS MILLBRAE STATION Shuttle Departs Station 5:43 6:14 6:38 7:07 7:38 8:05 8:30 Shuttle Departs Stn. 2:58 3:22 3:47 4:13 4:37 5:01 5:25 5:49 6:13 SHUTTLE ARRIVES AT EMPLOYERS SHUTTLE ARRIVES AT EMPLOYERS Mills-Peninsula Health 5:49 6:20 6:44 7:13 7:44 8:11 8:36 Adeline&Balboa 3:04 3:28 3:53 4:19 4:43 5:07 5:31 5:55 6:19 Services(Near Lobby) Adeline&Balboa 5:53 6:24 6:48 7:17 7:48 8:15 8:40 Adeline&Bernal 3:05 3:29 3:54 4:20 4:44 5:08 5:32 5:56 6:20 Sisters of Mercy(off 3:08 3:32 3:57 4:23 4:47 5:11 5:35 5:59 6:23 Adeline&Bernal 5:54 6:25 6:49 7:18 7:49 8:16 8:41 Adeline&Hoover) Sisters of Mercy (off 5:57 6:28 6:52 7:21 7:52 8:19 8:44 Adeline&Bernal 3:10 3:34 3:59 4:25 4:49 5:13 5:37 6:01 6:25 Adeline&Hoover) Adeline&Bernal 5:59 6:30 6:54 7:23 7:54 8:21 8:46 Adeline&Balboa 3:11 3:35 4:00 4:26 4:50 5:14 5:38 6:02 6:26 Adeline&Balboa 6:00 6:31 6:55 7:24 7:55 8:22 8:47 Mills-PeninsulaHealthServices 3:16 3:40 4:05 4:31 4:55 5:19 5:43 6:07 6:31 SHUTTLE ARRIVES MILLBRAE STATION SHUTTLE ARRIVES MILLBRAE STATION Shuttle Arrives Station 6:07 6:38 7:02 7:31 8:02 8:29 8:54 Shuttle Arrives Stn. 3:22 3:46 4:11 4:37 5:01 5:25 5:49 6:13 6:37 BART DEPARTS MILLBRAE STATION BART DEPARTS MILLBRAE STATION Dublin/Pleasanton Transfer at Balboa Park Station Dublin/Pleasanton Transfer at Balboa Park Station Fremont Transfer at Balboa Park Station Fremont Transfer at Balboa Park Station Pittsburg/Bay Point Transfer at Balboa Park Station Pittsburg/Bay Point Transfer at Balboa Park Station Richmond 618 6:48 7:18 7:48 8:18 8:48 9:03 Richmond 3:33 4:03 4:18 4:48 5:18 5:33 6:03 6:33 6:48 CALTRAIN DEPARTS MILLBRAE STATION CALTRAIN DEPARTS MILLBRAE STATION Train Numbers 305 309 211 319 221 329 227 Train Numbers 3:4 159 = 261 369 267 271 379 277 Northbound(from SJ) 6:24 6:45 7:17 7:45 8:17 8:45 8:59 Northbound(from SJ) 3:41 4:10 4:43 5:25 5:43 5:57 6:25 6:43 Train Numbers 206 208 312 218 322 228 230 Train Numbers 158 260 362 368 270 372 276 382 386 Southbound(from SF) 6:29 6:49 7:17 7:49 8:17 8:49 9:01 Southbound(from SF) 3:31 3:55 4:25 4:49 5:14 5:30 5:56 6:30 649 Millbrae BART/Caltrain Station: Shuttle Stop#1 (last bus cut out,next to parking structure). Revised: March 2, 2009 Revised: March 2,2009 North Burlin Revised: 10/4/05 Burlingame g Effective: 10/4/05 Shuttle Stop Descriptions North Burlingame-AM Route Shuttle Stop Description Millbrae BART/Caltrain Station Shuttle Stop#1 last bus cut out, next to parking structure Mills-Peninsula Health Svcs. Stop is located in front of the lobby on the outside of the patient loading zone EI Camino&Trousdale Stop is located at the Samtrans bus stop on westside of EI Camino Adeline&Balboa NE corner at the stop sign on Adeline Adeline&Bernal NE corner at the stop sign on Adeline Sisters of Mercy Stop is located on campus at the circle of registration office Adeline&Bernal SW corner at the stop sign on Adeline Adeline&Balboa SW corner at the stop sign on Adeline EI Camino&Trousdale Stop is located at the Samtrans bus stop on eastside of EI Camino North Burlingame-PM Route Shuttle Stop Description EI Camino&Trousdale Stop is located at the Samtrans bus stop on westside of EI Camino Adeline&Balboa NE corner at the stop sign on Adeline Adeline&Bernal NE corner at the stop sign on Adeline Sisters of Mercy Stop is located on campus at the circle of registration office Adeline&Bernal SW corner at the stop sign on Adeline Adeline&Balboa SW corner at the stop sign on Adeline Mills-Peninsula Health Svcs. Stop is located in front of the lobby on the outside of the patient loading zone EI Camino&Trousdale Stop is located at the Samtrans bus stop on eastside of EI Camino Millbrae BART/Caltrain Station Shuttle Stop#1 last bus cut out, next to parking structure) S:\ALLIANCE PROGRAMS\Shuttle\Route\Burlingame BART&Caltrain&Midday\SCHEDULES\Burlingame North\N Burlingame_Current\North Burlingame Shuttle Stop Description_100405.xisN Burlingame Stop Description Agenda Item # 8b Meeting BURLINGAME STAFF REPORT Date: June 15, 2009 SUBMITTED B APPROVED BY r l TO: HONORABLE MAYOR AND CITY COUNCIL DATE: June 1 , 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO PACIFIC TRENCHLESS, INC. FOR THE 2009 CITY WIDE SEWER REHABILITATION PROJECT PHASE 1 , CITY PROJECT NO. 81803 RECOMMENDATION: It is recommended that Council approve the attached resolution awarding a construction contract to Pacific Trenchless, Inc. for the 2009 City wide Sewer Rehabilitation Project, Phase 1 , in the amount of $594,356. BACKGROUND: The project scope consists of rehabilitating sanitary sewer mains at 8 locations throughout the City. These locations are identified as the next high priority project because the pipelines have experienced structural failures and require high maintenance efforts to keep the system from overflowing. The areas include: • Easton Drive west of Alvarado Avenue. • 500 block easement between Cortez Avenue. and Cabrillo Avenue • 600 block easement between Sanchez Avenue and Forest View Avenue • East side of 800 block EI Camino Real • 1800 Block of Ogden Drive • 1800 block of Magnolia Avenue 1800 block easement between Magnolia Avenue and Ogden Drive • 1500 block of Hillside Drive The construction is anticipated to begin in August 2009 and will be completed by January 2010. PROJECT: On May 19, 2009, the project bids were opened and eight bids were received ranging from $594,356 to $987,532. The Pacific Trenchless, Inc. is the lowest responsible bidder with its bid amount of $594,356 being 42% below the engineer's estimate of $1 ,025,319. Pacific Trenchless, Inc. has successfully performed sewer rehabilitation work for several agencies in the Bay Area and has met all the requirements for the project. The recommended bid award includes the base bid and three alternates (see attached bid summary). S:W Public Works Directory\Staff Reports\81803 Award .doc The project is budgeted in the upcoming fiscal year 2009-10. Because the current construction market is softer,staff decided to advertise the project earlier than usual to take the advantage of the market conditions. As a result,the successful bid price is 42% below the Engineer's estimate. Due to favorable bid prices, staff requests that Council authorize up to 40% in contingencies to add more pipeline replacement work. BUDGET IMPACT: Estimated expenditures: Construction contract $594,356 Contingency(40%) $237,744 Construction Inspection management&Testing $100,000 Contract administration $70,000 TOTAL $1,002,100 There are adequate funds in the FY2009-10 Sewer CIP budget to cover the costs. EXHIBITS: Resolution,Bid Summary and Project Map Donald�T.C�haing, P.E. Senior Civil Engineer c:City Clerk,City Attorney, Finance Director S:\A Public Works Directory\Staff Reports\81803 Award.doc RESOLUTION NO. - AWARDING CONTRACT FOR CONSTRUCTION CONTRACT FOR 2009 CITY WIDE SEWER REHABILITATION PROJECT PHASE 1 TO PACIFIC TRENCHLESS, INC. CITY PROJECT NO. 81803 WHEREAS, the City Council has authorized an invitation for proposals for the - CITY PROJECT 881803 --CONTRACT FOR 2009 CITY WIDE SEWER REHABILITATION PROJECT PHASE 1 WHEREAS, on May 19, 2009, all proposals were received and opened before the City Clerk and representatives of the Public Works Department; and WHEREAS, PACIFIC TRENCHLESS INC., submitted the lowest responsible bid for the job in the amount of$594,356. NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and Specifications, including all addenda, are approved and adopted; and BE IT FURTHER RESOLVED that the bid of PACIFIC TRENCHLESS INC., for said project in the amount of$594,356, and the same hereby is accepted; and BE IT FURTHER RESOLVED THERETO that a contract be entered into between the successful bidder hereinabove referred to and the City of Burlingame for the performance of said work, and that the City Manager be, and he hereby is authorized for and on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of June, 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk SAA Public Works Directory\PROJECTS\81803 Sewer Rehab 2009\ResolutnAward Pacific Trenchlessdoc.doc s 8 8. 8. 8888, 8, 8, 8 8 8 8 8888888 S 888888888 S 8888. 88888 8. 888, 8 a�� ,� 8 8. 88. 8888. 88 « 8 8. 88888. 88 « 8. 88888. 8. 88 » 88888. 8888 8 8888 » gN oaog s . ass � s � s � � ss � � ss $ 99 � ass 8 588888888 8, 8, 8888888 8 888888888 8 8888, 88888 8 8888 8 8. 8. 8 8 8 8. 8. « 8 8 8 s. « » » « « « » » » « » » « « » » » « « » « « « » » » « « » « « « « « » » « « « » » » � � 8 sssssssss s 8 s. 8888888 s s. ssass. a. ss s sssssssss s. sss. s. s 's » » « y « « » » « w s. sssss. s. sss « s. s 888. 8. 888 « sssssssss ssssss. ssa s ssa. s. sasass gsass s $ sss sssag 5 � 8. 88888. 0888 8 8 8 888. 8. 88, 8, a 8888. 88888 8 8888. 8. 8888 8 8, 888 S R kg s s � � gsa s nn 8 888, 88. 8. 888 « 8 8 8888888 » 888. 888888 888888888, 8 8. 888 « « » » « « » » » » « « « « » 8 8 8 8 8 8 8 8 8 8 8 8. S. 8 8 8 8 8 8 8. 8. 8-8 � sssss � s � d 8 sssssssss 8 8 888. 888. 8. s sssssssss. s ss. s. 8. 8. 888. 8 s 8. 888 s e kgs s s s a gas « 8 sssssssss « 8 8 $ 8. 88888 » ss. 8. 8. 888. 8. 8. » sssssssss s. 8. 8. 88. ss 9R s s 3 8 8. 888888. 88 8 8 8 8888888 888888888. a 88. 8. 888888. 8 8888 = � ssssss ss � ss g � a o � 8 88, 888888, 8 8 8. 8. 888, 888 » 8888888. 88 88888888. 8. 8 3 o�� a = s � - sssa sasass � aa � g$ $ sssas � 7 = g s 8. 888888. 8. 8 8 8 8 85. 8888. 8. 8 888888888. s 888888888 8 8888, 8 _ - - - - » « « « « « » « « « « » » » « » » » « » » « « » « » » » » » « « « » » « » « « « js sss. s. sssss � sssssssss s. s. ssssg. ss. sssssssss 8. 88 ¢ 8 s - IR59P a _ _ � R RP TTNTM J .] tail .-t h y < 9' ..t � ..1 t W W W fsS ..1 W W W [il [ail tail YS ..1 ..1 ta] W I u1 u1 tai] Va] W 9 W m w 00 U 9 � z 5 3U z ,9 U P49g. g _ xs w r ww !- wgww �3` wwa Www 2 `�` ww fr � 'u w sa $ �, � '� �M a U U a r= z a a z Was Description Est QuarwUnil Unit Price Item Totals Unit Price Item Totals Unit Price Item Totals Unit Price Item Total., Unit Price Item Totals Unit Price Item Totals Unit Price Item Totals Unit Price Item Totals Unit Prim. Ilan Totals LOCATION 4-800 BLOCK EL CAMINO REAL 42 Replace Existing 6"SS with 8"DR 17 HOPE(Pipe Burst) 233 LF S 105 S 24,465 S 95.00 S 22,135.00 S 80.00 S 18,640.00 S 125.00 S 29,125.00 S 70.00 S 16,310.00 S 105.00 S 24,465.00 S 65.00 S 15,145.00 S 65.00 S 15,145.00 S 69.00 S 16,077.00 43 Replace Existing 6'SS with 8'PVC(Opm Cut) 200 LF S 140 S 28,000 S 45.00 S 9,000.00 $ 85.00 S 17,000.00 S 125.00 S 25,000.00 S 110.00 S 22,000.00 S 115.00 S 23,000.00 S 100.00 S 20,000.00 S 110.00 S 22,000.00 S 89.00 S 17,800.00 44 New 48"Type 11 Manhole 1 EA S 5,500 S 5,500 S 2,850.00 S 2,850.00 S 3,000.00 S 3,000.00 $ 3,500.00 S 3,500.00 S 5,000.00 S 5,000.00 S 2,500.00 S 2,500.00 S 3,500.00 S 3,500.00 S 4,000.00 S 4,000.00 S 4,800.00 S 4,800.00 45 Replace Existing Manhole with 48"Manhole I EA S 6,500 S 6,500 S 2,950.00 S 2,950.00 S 3500.00 S 3,500.00 S 3,500.00 S 3,500.00 $ 7,000.00 S 7,000.00 S 3,000.00 S 3,000.00 S 4,000.00 S 4,000.00 S 5,000.00 S 5,000.00 S 4,200.00 S 4,200.00 46 Install 5 LF Pipe Stub and Reconnect Existing Pipes with Reducer 1 EA $ 800 $ 800 S 175.00 S 175.00 S 400.00 $ 400.00 S 500.00 S 500.00 S 250.00 S 250.00 S 1,000.00 S 1,000.00 S 3,500.00 $ 3,500.00 S 500.00 $ 500.00 S 1,590.00 S 1,590.00 47 Replace Existing 6'Sewer Lateral 4 EA S 1,800 S 7,200 S 40.00 S 160.00 S 500.00 S 2,000.00 S 50000 S 2,00 000.00 S 500.00 S 2,000.00 $ 1,000.00 S 4, 0.00 S 1,500.00 S 6,000.00 S 2,000.00 $ 8,000.00 S 3,800.00 S 15,200.00 48 Replan Existing 6"Sewer Cleanout 4 EA S 500 S 2,000 S 40.00 S 160.00 S 250.00 S 1,000.00 S 250.00 S 1,000.00 $ 200.00 S 800.00 S 500.00 $ 2,000.00 S 500.00 S 2,000.00 S 800.00 S 3,200.00 S 800.00 $ 3,200.00 LOCATION 4 TOTAL: S 74AM S 37,430.00 S 45}40.00 S 64,625 S 53,31" S 59,965 5 54,145 S 57,815 S 62,87 LOCATION 5-OGDEN DRIVE 49 Replace Existing 8"SS with 10"DR 17 HDPE(Pipe Burst) 503 LF S 115 S 57,845 S 99.00 S 49,797.00 S 90.00 S 45,270 00 $ 85.00 S 42,755.00 S 70.00 $ 35,210.00 $ 115.00 S 57,845.00 S 75.00 S 37,725.00 S 110.00 $ 55,330.00 S 89.00 S 44,767.00 50 Convert Existing Manhole to Outside Drop Manhole 1 FA S 600 S 600 $ 1,675.00 S 1,675.00 $ 2,000.00 S 2,000.00 S 4,000.00 S 4,000.00 $ 1,000.00 S 1,000.00 S 3,000.00 S 3,00000 S 2,500.00 S 2,500.00 S 3,000.00 $ 3,000.00 S 2,690.00 S 2,690.00 51 Replace Existing Manhole with 48"Manhole 2 FA S 6,500 S 13,000 $ 2,950.00 $ 5,900.00 S 3,500.00 S 7,000.00 $ 3,500.00 $ 7,000.00 S 5,000.00 S 10,000.00 S 3,000.00 S 6,000.00 S 4,000.00 $ 8,000.00 S 5,000.00 S 10,000.00 S 4,800.00 $ 9,600.00 52 Install 5 LF Pipe Stub and Reconnect Existing Pipes with Reducer 2 EA S 800 S 1,600 S 175.00 S 350.00 S 400.00 $ 800.00 S 500.00 $ 1,000.00 S 250.00 S 500.00 S 1,000.00 S 2.000.00 S 3,50000 S 7,00000 S 500.00 S 1,000.00 S 1,590.00 S 3,180.00 53 Replace Existing 6'Sesser Later.] 5 EA S 1,800 S 9,00000 $ 200.00 S 500.00 S 2,500.00 S 600.00 S 3,000.00 S 500.00 S 2,500.00 S 1,000.00 S 5,000.00 S 1,500.00 S 7,500.00 S 2,000.00 S 10,000.00 S 3,800.00 S 19,000.00 54 Replace Sexes Existing 6" Cleanout 5 EA S 500 S 2,500[S40.00 S 200.00 $ 250.00 S 1,250.00 S 350.00 S 1,750.00 S 200.00 S 100000 S 5(10.00 S 2,500.00 $ 500.00 S 2,500.00 S 800.00 S 4,000.00 S 800.00 S 4,000.00 LOCATION 5 TOTAL: S 84545S 58,122.00 S 58,820.00 S 59505.00 S 50,210.00 S 76545.00 S 65,225.00 S 83,330.06 S 83,237.00 LOCATIONS I TO 5 TOTAL: S 777,139 S 423,906 S 433.557 S 460,284 7 S 516,000 S 537,029 S 629,212 S 663,6111 S 778,578 ALTERNATE BID FOR LOCATIONS 6 TO 8 LOCATION 6-ISM BLOCK MAGNOLIA AVENUE I Mobilization,Demobilization and NPDES Compliance(Not to exceed 1 LS S 3,000 S 3,000 $ 2,180.00 S 2,180.00 $ 2.000.00 $ 2,000.00 S 1,500.00 S 1,500.00 $ 2,000.00 S 2,000.00 S 3,000.00 S 3,000.00 $ 10,000.00 $ 10,000.00 S 2,875.00 S 2,875.00 S 2,500.00 $ 2,500.00 3.5%ofTotal Bid) 2 Construction Survey and Site Investigation I LS S 2,000 S 2,000 $ 1,500.00 S 1,500.00 S 1,000.00 $ 1,000.00 S 2,100.00 S 2,100.00 S 1,000.00 S 1,000.00 $ 5,000.00 $ 5,000.00 S 1,000.00 S 1,000.00 S 2,300.00 S 2,300.00 S 1,300.00 $ 1,300.00 3 Traffic Control I LS S 2,000 S 2,000 $ 1,200.00 S 1,100.00 S 1,000.00 $ 1,000.00 S 1,000.00 S 1,000.00 S 6,000.00 S 6,000.00 $ 5,000.00 S 5,000.00 $ 5,000.00 $ 5,000.00 S 1,15000 S 1,150.00 S 1,500.00 S 1,500.00 4 Replue Existing 8"SS with 8"DR 17 HDPE(Pipe Banat) 681 LF S 105 S 71,505 S 90.00 $ 61,290.00 $ 95.00 $ 64,695.00 $ 90.00 S 61,290.00 S 65.00 S 44,M5.00 S 105.00 $ 71,505.00 $ 100.00 $ 68,100.00 S 103.50 S 70,483.50 S 69.00 S 46,989.00 5 lRephwe Existing Manhole with 48"Manhole 2 EA $ 6,500 S 13,000 S 2,555.00 S 5,110.00 S 5,1100.00 S 10,000.00 $ 3,500.00 S 7,000.00 S 7,000.00 S 14,000.00 S 4,500.00 S 9,000.00 S 5,000.00 S 10,000.00 $ 6,325.00 S 12,650.00 S 4,800.00 S 9,600.00 6Repkce Existing 6'Sewer Lateral 3 EA S 1,800 $ 5,400 S 40.00 $ 120.00 S 950.00 S 2,850.00 S 600.00 S 1,900.00 S 950.00 S 2,850.00 S 1,500.00 $ 4,500.00 S 2,000.00 S 6,000.00 S 2,875.00 S 8,625.00 S 3,800.00 S 11,40000 7 Replace Existing 6"Sewer Cleanom 3 EA $ 500 $ 1,500 S 40.00 S 120.00 S 300.00 S 900.00 S 350.00 $ 1,050.00 S 200.00 IS 600.00 S 1,000.00 S 3,00000 S 1,000.00 S 3,000.00 S 920.00 S 2,760.00 S 900.00 S 2,400.00 LOCATION 6 TOTAL: (Able-lib) 5 98,405 S 71,520 S S2A45 S 75,740 S 70,715 S 101,005 S 103,100 S 100,843.50 S 75,659 LOCATION 7-OLDEN DRIVE EASEMENT I Mobilization,Demobilization and NPDES Compliance(Not to exceed I LS S 4,000 S 4,000 S 2,565.00 S 2,565.00 S 2,000.00 S 2,000.00 S 1,500.00 S 1,500.00 S 2,000.00 S 2,000.00 $ 3,000.00 S 3,000.00 $ 10,000.00 $ 10,000.00 S 4,025.00 S 4,025.00 S 3,000.00 S 3,000.00 3.5%ofTotal Bi 2 Construction Survry seat Site Investigation I LS S 2,000 S 2,000 S 1,500.00 S 1,500.00 S 1,000.00 $ 1,000.00 S 2,100.00 S 2,100.00 S 1,000.00 S 1,000.00 S 5,000.00 S 5,000.00 S 1,000.00 S 1,000.00 S 2,300.00 S 2,300.00 S 1,300.00 S 1,300.00 3 Traffic Control 1 LS S 2,000 S 2,000 S 850.00 S 850.00 S 2,000.00 S 2,000.00 $ 1,000.00 S 1,000.00 S 1,000.00 S 1,000.00 S 5,000.00 S 5,000.00 S 5,000.00 S 5,000.00 S 1,150.00 S 1,150.00 S 2,000.00 S 2,000.00 4 Replace Existing 6"SS with 6'DR 17 HDPE(Pipe Burst) 690 LF S 105 S 71,400 S 90.00 S 61,200.00 S 95.00 S 64,600.00 $ 95.00 S 57,800.00 S 50.00 S 34,000.00 S 105.00 S 71,400.00 S 100.00 S 68,000.00 S 103.50 S 70,380.00 S 69.00 S 46,920.00 5 Replace Existing Manhole with 36'Manhole 2 EA S 5,000 S 10,000 $ 2,150.00 S 4,300.00 $ 3,000.00 S 6,000.00 S 2,500.00 S 5,000.00 S 5,700.00 S 11,400.00 S 3,500.00 S 7,000.00 S 5,000.00 S 10,000.00 S 5,175.00 S 10,350.00 S 3,600.00 S 7,200.00 6 Replace Existing Manhole with 36'Type II Manhole I EA S 4,500 S 4,500 S 2,250.00 S 2,250.00 $ 2,500.00 S 2,500.00 S 2,000.00 S 2,000.00 S 4,700.00 $ 4,700.00 S 3,000.00 S 3,000.00 S 5,000.00 S 5,000.00 S 5,750.00 S 5,750.00 S 3,600.00 S 3,600.00 7 Replete Existing 6"Sewer Lateral 8 EA S 1,800 S 14,400 S 40.00 S 320.00 1 850.00 $ 6,800.00 $ 600.00 $ 4,800.00 S 950.00 S 7,600.00 S 1,500.00 S 12,000.00 S 2,000.00 S 16,000.00 $ 2,875.00 $ 23,000.00 $ 3,800.00 S 30,400.00 8 Replace Existing 6"Sewer Cleanout S EA S $00 S 4,000 S 40.00 $ 320.00 S 300.00 S 2,400.00 S 350.00 S 2,800.00 S 200.00 S 100.00 S 1,000.00 S 8,000.00 S 1,000.00 S 8,000.00 $ 575.00 S 4,600.00 $ 800.00 S 6,400.00 LOCATION 7 TOTAL: (ABe-te) S 112.700 S 73,305 S 87,M8 S TIAN S 63,300 S 114AN S 123,000 S 121,555 S 100,820 LOCATIONS-HILLSIDE DRIVE I Mobilzation.13mobilvetien and NPDES Canplianoe(Not m exceed I LS S 1,200 S 1,200 S 895.00 S 895.00 S 750.00 $ 750.00 $ 1,500.00 $ 1,500.00 S 1,000.00 S 1,000.00 S 1,000.00 $ 1,000.00 S 10,000.00 S 10,000.00 S 1,150.00 $ 1,150.00 $ 1,000.00 $ 1,000.00 3.5%ofTotal Bid 2 Construction Survey and Site Investigation I LS S 1,000 S 1,000 $ 1,060.00 S 1,060.00 S 500.00 S 500.00 S 500.00 S 500.00 S 1,000.00 $ 1,000.00 $ 5,000.00 S 5,000.00 $ 1,000.00 S 1,000.00 S 2,300.00 $ 2,300.00 $ 750.00 S 750.00 3 TratEc Control 1 LS S 1,500 S 1,500 S 1,195.00 S 1,195.00 S 1,000.00 S 1,000.00 S 500.(X) S 500.00 S 3,500.00 S 3,500.00 S 5,000.00 S 5,000.00 S 5,000.00 S 5,000.00 S 1,150.00 S 1,150.00 $ 750.00 $ 750.00 4 Replace Existing 6'SS with 8"DR 17 IMPE(Pipe Burst) 175 LF S 105 S 18,375 S 90.00 S 15,750.00 S 95.00 S 16,625.00 $ 85.00 S 14,875.00 S 65.00 S 11,375.00 S 125.00 S 21,875.00 S 100.00 S 17,500.00 S 103.50 S 18,112.50 S 89.00 S 15,575.00 5 Replace Existing Manhole with 48"Manhole 2 EA S 6,500 S 13,000 S 2,950.00 S 5,900.00 S 4,000.00 S 8,000.00 $ 3,500.00 S 7,000.00 S 7,000.00 S 14,000.00 S 3,500.00 S 7,000.00 S 5,000.00 S 10,000.00 S 6,325.00 S 12,650.00 S 4,800.00 S 9,600.00 6 Install 5 LF Pipe Stub and Recgraroot Existing Pipe 3 EA S 800 S 2,400 S 275.00 S 825.00 S 500.00 S 1,500.00 S 500.00 S 1,500.00 S 250.00 S 750.00 $ 1,500.00 S 41500.00 S 5,000.00 1 S 151,000.00 $ 575.00 1 S 1,725.00 S 1,590.00 S 4,770.00 LOCATION 8 TOTAL: (Alternate) S 37,475 S 25,625 $ 28,375 S 25,875 S 31,625 S 44,375 S 58,500 S 37,097.50 $ 32,445 ALTERNATE TOTAL: $ 248,180 S 170,450 S 198,120 S 178,615 5. 165,640 S - 259,780 S 284,600 S 259,486 S: 208,954 LOCATION 1 TO LOCATION 8 TOTAL: S 1,025,319 S 594,356 S 631,677 S 638,899 S 681,640 S 796,809 S 913,812 S 923,067 S 987.532 SM pull,Wa Dv wqy RO1ECI eKo soca Rawls 20xN5W Simmay 81303,4*m 2OF2 yr6 wrpa AGREEMENT FOR PUBLIC IMPROVEMENT 2009 CITY WIDE SEWER REHABILITATION PROJECT PHASE 1 CITY PROJECT NO. 81803 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , , by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter called "City", and Pacific Trenchless, Inc., hereinafter called "Contractor," WITNESSETH : WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and to authorize execution of this Contract; and WHEREAS, pursuant to State law and City requirements, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on June 15, 2009, after notice duly given, the City Council of Burlingame awarded the contract for the construction of the improvements hereinafter described to Contrac- tor, which the Council found to be the lowest responsible bidder for these improvements; and WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements, NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1 . Scope of work Contractor shall perform the work described in those Specifications entitled: 2009 CITY WIDE SEWER REHABILITATION PROJECT PHASE 1 , CITY PROJECT NO. 81803 2. The Contract Documents The complete contract consists of the following documents: this Agreement, Notice Inviting Sealed Bids, the prevailing wage rates of the State of California applicable to this project by State law, the accepted Bid Proposal, the complete plans, profiles, detailed drawings and Standard Specifications, Special Provisions and all bonds, and are hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of five hundred ninety-four thousand three hundred fifty-six dollars ($594,356). This price is determined by the unit prices contained in Contractor's Bid. In the event authorized work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 5. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: CITY ENGINEER CITY OF BURLINGAME 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: Alan Casserly Pacific Trenchless, Inc. 1619 A Campbell Street Oakland, Ca. 94607 6. Interpretation. As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 7. Waiver or Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Contractor. IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of three (3) pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF BURLINGAME, "CONTRACTOR" a Municipal Corporation By By Director of Public Works, Syed Murtuza Pacific Trenchless, Inc. Approved as to form: City Attorney, Gus Guinan ATTEST: City Clerk, Mary Ellen Kearney I, '41V�� , WA L TwGs •, ti � ...412111� t-I v ,c ��-`> , r 0 41 .7 -- plat = =IlUllli� q�EIIf I z _ r .. 6Lp vim• . v� ��1 1� `l.-_ 1i 1 1 _���� �C I it _ `Nc��� „„'✓11 .._-._, i ... 1i r i I �. [ _. mf 1 �J i �� _J�� ,�..m�� I,._, �.1 X11 II� :I jrusMi 111,111 1 Ira L f pis I � C �i - l��1 � � — _J "o. I'' I jVE I� i I I `4� � \ ;,I � � f Irl: AM r 117, r _ waY_ I a© 1 Lj i y ! TA Ll 11, T Lj IIjP n-Ir �T IjSANEZ __ I . 3r` , -, ., 1 > Fo 7 L t( ��t� ��n� i JLZ F ��E s:. t 2009 CITY WIDE SEWER REHABILITATION PROJECT 255 SHdEIfNE DRIVE 3 PHASE I O ` BKF ��_� REDYA2 uN'CA 91065 0 650-182-6300 GRAPHICAL SHEET INDEX 650-183-6399(Fp%) SAN MATEO COUNTY CALIFORNIA EBBIBEF{tISURVEtOR{IPL188EM N � BURUNGAME t\EMG96W{9{I3\IA\91-i-daR.9wc Agenda Item # 8c Meeting BURLINGAME STAFF REPORT Date: June 15, 2009 II "& --- SUBMITTED BY � ' C APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: June 5, 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION REQUESTING METROPOLITAN TRANSPORTATION COMMISSION TO ALLOCATE TRANSPORTATION DEVELOPMENT ACT - ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING FOR FY2009-10 RECOMMENDATION: It is recommended that Council approve the attached resolution requesting the Metropolitan Transportation Commission (MTC) to allocate $143,500 to the City of Burlingame for the 2009-10 Transportation Development Act (TDA) - Article 3 Grant. DISCUSSION: On January 9, 2009 the City submitted the following two applications for TDA - Article 3 Grant funding to City/County Association of Governments (C/CAG): • Broadway Overpass Pedestrian and Bicycle Bridge Connections • Carolan Avenue Bicycle Route Signs On March 26, 2009, C/CAC's Bicycle/Pedestrian Advisory Committee (B/PAC) evaluated and ranked all the grant applications received. The City's projects ranked 4th and 5th, respectively out of a total of 16 projects considered in San Mateo County. On May 14, 2009, the C/CAG Board approved the list of recommended projects by its B/PAC group. Subsequently, the City received notification from C/CAG that both projects are now approved for grant funding. By submitting this resolution, the Metropolitan Transportation Commission (MTC) will officially allocate $143,500 to the City for the construction of the projects. BUDGET IMPACT: The local matching funds for completing these projects are estimated to be $71,750 and are included in the FY2009-10 Capital Improvements Program. EXHIBITS: Resolution, Attachments A & B Auju tine Chou Trari'sportation Engineer SAA Public Works Directory\Staff Reports\TDA grants 2009-2010.doc RESOLUTION NO. - REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2009/2010 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN BICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act(TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled "Transportation Development Act, Article 3, Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of"TDA Article 3" funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Burlingame desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the City of Burlingame declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Burlingame to carry out the project; and furthermore, be it RESOLVED, that the City of Burlingame attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of San Mateo County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Mayor TDA Article 3 Claim Applications Appendix A Page I I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of , 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk MTC Prog. &Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 2 ATTACHMENT A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2009/2010 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIANBICYCLE PROJECT FUNDING Findings Page 1 of 1 1. That the City of Burlingame is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Burlingame legally impeded from undertaking the project(s) described in"Attachment B" of this resolution. 2. That the City of Burlingame has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Burlingame within the prior five fiscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seci.). 9. That any project described in Attachment B that is a"Class I Bikeway," meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B are ready to commence implementation during the fiscal year of the requested allocation. 11. That the City of Burlingame agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. MTC Prog.&Alloc. Section April.2005 TDA Article 3 Claim Applications Appendix A Page 3 RESOLUTION NO. Attachment B page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim FY2009/2010 Applicant City of Burlingame Contact person: Augustine Chou—Transportation Engineer Mailing Address: 501 Primrose Road Burlingame CA 94010 E-Mail Address achouAburlingame oro Telephone: (6501558-7236 Secondary Contact(in event primary not available) Jane Gomery—Program Manager E-Mail Address igomery(�budingame ora Telephone (650)558-7240 Short Title Description of Project: Burlingame TDA Protects FY 2009110 Amount of claim•$143 500 Functional Description of Project: 1) Construction of concrete sidewalks handicap access ramps crosswalk stripintt concrete curbs and nutters at both ends of the newly constructed Broadway bicycle/pedestrain bridge across 1US101 freeway. 2) Procurement and installation of bike route signs along Carolan Avenue between North Lane and Broadway. Financial Plan: List the project elements for which TDA funding is being requested(e.g.,planning,environmental,engineering,right-of-way,construction,inspection, contingency,audit).Use the table below to show the project budget.Include prior and proposed future funding of the project.If the project is a segment of a larger project,include prior and proposed funding sources for the other segments. Project Elements: Design engineering project administration construction inspection and contingency. Funding Source All Prior FYs Application FY Next FY Following F s Totals TDA Article 3 $7,500 $136,000 $143,500 ist all other sources: 1.Local Match $3,750 $68,000 $71,750 2. 3. TotaI4 $11,250 $204,000 $215,250 Project Eligibility: YESINO k. Has the project been approved by the claimant's governing body?(If"NO,"provide the approximate date approval is anticipated). YES 3. Has this project previously received TDA Article 3 funding? If"YES;provide an explanation on a separate page. NO For"bikeways,"does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway YES Design Manual?(Available on the internet via:http://www.dot.ca.gov). Has the project been reviewed by a Bicycle Advisory Committee?(If"NO,"provide an explanation). YES Has the public availability of the environmental compliance documentation for the project(pursuant to CEOA)been evidenced by YES the dated stamping of the document by the county dark or county recorder? (required only for projects that include construction). Will the project be completed before the allocation expires?Enter the anticipated completion date of project(month and year) YES 12/2010 Have provisions been made by the claimant to maintain the project or facility,or has the claimant arranged for such maintenance by YES another agency? (If an agency other than the Claimant is to maintain the facility provide its name: 1 MTC Prog.&Alloc.Section April.2005 TDA Article 3 Claim Applications Appendix A Page 4 Agenda Item # 8d Meeting BURLINGAME STAFF REPORT Date: June 15, 2009 __ SUBMITTED B APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JUNE 3, 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE CITY PROJECT NO. 81950 - BAYSHORE SIGNAL INTERCONNECT PROJECT RECOMMENDATIONS: It is recommended that Council approve the attached resolution rejecting all bids received for the City Project No. 81950 — Bayshore Signal Interconnect Project. BACKGROUND: The project entails the construction of a wireless traffic signal interconnection system along the Bayshore Highway corridor from Airport Boulevard to the Burlingame/Millbrae City limits. The project also includes installation of wireless communications equipment, central server station at the Public Works Corporation Yard, and a remote station at City Hall as well as new traffic signal controllers with battery backup systems. DISCUSSION: The project bids were opened on May 12, 2009, and two bids were received ranging from $176,600 to $190,000. Steiny and Company was the apparent low bidder with its bid amount of $176,600 being 65% above the engineer's estimate of $106,786. Staff recommends that all bids be rejected for the following reasons: • The bids submitted were based on the assumption that a new software license for the Quicnet Traffic Signal Interconnect Monitoring Program would need to be procured. The cost of the new license increased the bids by an estimated amount of $80,000. • The City currently has a site license for the Quicnet program, and the project calls for an upgrade to that license which is estimated to cost approximately $10,000. • Despite the bidder's attempts to confirm the existence of the license before bid opening, the manufacturer could not provide information on licensing records for the City dating back ten (10) years. Hence, the bidders assumed the City needed a new license. Staff will revise the project specifications to more clearly state that this project only needs to upgrade an existing Quicnet Signal Interconnect license and re-advertise SAA Public Works Directory\Staff Reports\reject bids-bayshore interconnect 6-15-09.doc the project for bids. It is anticipated that this clarification will result in contractor bids being closer to the original engineer's estimate. BUDGET IMPACT: The project is funded entirely by Bay Area Air Quality Management District (BAAQMD) grant funds in the amount of$147,900. EXHIBITS: Resolution, Bid Summary 1 l Augustine Chou Tr6lisportation Engineer S:\A Public Works Directory\staffReports\reject bids-bayshore interconnect 6-15-09.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REJECTING ALL BIDS FOR THE BAYSHORE SIGNAL INTERCONNECT PROJECT PROJECT NO. 81950 WHEREAS, the City of Burlingame wishes to construct signalization improvements to the signals on Bayshore Boulevard between Airport Boulevard and the Millbrae border; and WHEREAS, the City issued plans and specifications pursuant to State law; and WHEREAS, the City has obtained a grant from the Bay Area Air Quality Management District fully fund the project; and WHEREAS, on May 12, 2009, two sealed bids were received and opened, as set forth in the bid documents; and WHEREAS, the low bid of Steiny and Company was sixty-four(64) percent higher than the engineers estimate for the work; and WHEREAS, it was determined that the bids submitted were based upon an assumption that a new software license would be required when, in fact, only a much less expensive software upgrade was required; and WHEREAS, pursuant to Public Contracts Code sections 20166,the City may reject all bids and re-advertise; and WHEREAS, the bidders should be eligible to be considered for such a re-advertised contract, because the bidders submitted validly prepared bids; and WHEREAS, the Director of Public Works is authorized to amend the Request for Bids and Specifications to clarify the need only for a software update as opposed to entirely new software; NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, determine, and find as follows: 1. All bids received for Project No. 81950 are hereby rejected. 2. All bonds and security received in connection with the bids received shall be returned to the bidders. 3. The Director of Public Works is hereby authorized to amend the Request for Bids, and Plans and Specifications and to re-advertise the project for bids. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the I5th_day of June, 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk BID SUMMARY Bayshore Highway Signal Interconnect Project-#81950 Bids Opened May 12,2009 Item Engineers Estimate Steiny&Company W.Bradley Electric No. Descri tion QuantityUnit Unit Price Cost Unit Price I Cost Unit Price I Cost 1 Mobilization 1 LS 2,000.00 2,000.00 2,000.00 2,000.00 5,000.00 5,000.00 2 Traffic Control 1 LS 4,000.00 4,000.00 3,000.00 3,000.00 2,500.00 2,500.00 3 Remove&Salvage Signal Equipment 1 LS 4,000.00 4,000.00 5,000.00 5,000.00 2,000.00 2,000.00 4 Furnish&Install 2070L Controller w/2033 Software 3 EA 5,362.50 16,087.50 15,000.00 45,000.00 6,800.00 20,400.00 5 Furnish&Install BBS and Service Pedestal 3 EA 4,620.00 13,860.00 9,000.00 27,000.00 6,500.00 19,500.00 6 Furnish&Install Ped Countdown Modules 16 LS 385.00 6,160.00 600.00 9,600.00 350.00 5,600.00 7 Furnish&Install Wireless Interconnect Comm Sys 1 L EA J1 46,750.00 46,750.00JI 65,000.00 85,000.00 135,000.00 135,000.00 TOTAL BID $92,857.50 $176,600.00 $190,000.00 Actual engineers est.(Construction+Contingency) $106,786.13 Agenda Item # 8e Meeting BURLINGAME STAFF REPORT Date: June 15, 2009 SUBMITTED BY(::::f3/ APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JUNE 4, 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTIONS AUTHORIZING FINANCIAL ASSISTANCE APPLICATION , REIMBURSEMENT INTENTION, AND DEDICATION OF SEWER USER FEES FOR STATE REVOLVING FUND (SRF) FINANCING TO FUND THE CITY WIDE SEWER REHABILITATION PROJECT 2010 (ARRA), CITY PROJECT NO. 82360 RECOMMENDATION: It is recommended that Council approve the attached resolutions as follows: 1 . Authorizing the City Manager and/or Director of Public Works to file a Financial Assistance Application with the State Water Resources Control Board SRF financing program for design and construction of the City wide sewer rehabilitation project 2010. 2. Stating the intention to reimburse qualifying expenditures received through SRF financing agreements. 3. Dedicating sewer user fees for repayment of the SRF financing agreement for the planning, design and construction of the City wide sewer rehabilitation project 2010. BACKGROUND: The Baykeeper settlement agreement requires the City to take corrective action on known structurally defective sewer lines within a prescribed timeframe. Staff is in the process of completing an engineering design to correct such defects in the pipelines throughout the City and is applying for a low interest SRF loan assistance from the State Water Resources Control Board for the project construction. The City has utilized this program in the past to fund improvements at the waste water treatment plant. The SRF loan program provides 2% to 3% low interest financing for qualifying water quality improvement projects and potentially significantly lower rates may be available for qualifying projects under the American Reinvestment and Rediscovery Act (ARRA). The three resolutions being approved are a procedural requirement to complete the application process. BUDGET IMPACT: The SRF loan amount is estimated to be $3,000,000 to $4,000,000 based on actual construction costs. The loan will be repaid by sewer enterprise funds. If staff is not successful in obtaining the loan, staff will return to Council for approval to fund the project construction from sewer enterprise funds. EXHIBITS: Resolutions SAA Public Works Directory\Staff Reports\82360 SRF loan application - dedicated funds.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF THE STATE REVOLVING FUND FINANCING AGREEMENT FOR THE PLANNING,DESIGN AND CONSTRUCTION OF CITY WIDE SEWER REHABILITATION PROJECT 2010(ARRA FUNDI CITY PROJECT NO.82360 WHEREAS,pursuant to its Regional Water Control Board Permit,its settlement of the Baykeeper litigation and the Nolte and Associates consultant report,the City of Burlingame intends to design and construct a Sewer Rehabilitation;and WHEREAS,the California Water Resources Control Board provides low-interest financing to local agencies from the State Revolving Fund(SRF)to construct qualifying water quality improvements, and WHEREAS,the City of Burlingame intends to apply for low-interest financing from the SRF in order to construct a Sewer Rehabilitation;and WHEREAS,the State requires that the local agency comply with certain procedural requirements including this resolution establishing a dedicated source of revenue for repayment to the State of the funds advanced pursuant to this SRF agreement. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE,ORDER AND DETERMINE AS FOLLOWS: 1. The City of Burlingame hereby establishes the sewer user fee as a dedicated source of funds for the repayment of any and all Clean Water State Revolving Fund program financing for the planning, design and construction of the City's Sewer Rehabilitation. 2. The City of Burlingame orders that the sewer user fees shall remain a dedicated source of revenue for repayment of said financing throughout the term of the refinancing,unless modification or changes of such dedication is approved in writing by the City and the State Water Resources Control Board. Ann Keighran,Mayor I,Mary Ellen Kearney,City Clerk of the City of Burlingame,do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15`"day of June,2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney,City Clerk RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME STATING ITS INTENTION TO REIMBURSE CITY FOR ANY SEWER REHABILITATION EXPENDITURES PAID PRIOR TO THE CITY OBTAINING FINANCING THROUGH THE STATE WATER RESOURCE CONTROL BOARD FOR SAID PROJECT CITY PROJECT NO. 82360 WHEREAS, the City of Burlingame (the "Agency') desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including certain treatment facilities, pipelines and other infrastructure (the "Project"), and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ('Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the"Obligations"), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the Agency desires to incur certain capital expenditures (the "Expenditures")with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected principal amount of the Project funds is between three million dollars ($3,000,000) and four million dollars($4,000,000). SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so find, determines and represents. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15`" day of June, 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION FOR A FINANCING AGREEMENT WITH THE CALIFORNIA WATER RESOURCES CONTROL BOARD FOR THE PLANNING. DESIGN AND CONSTRUCTION OF THE CITY WIDE SEWER REHABILITATION PROJECT 2010 (ARRA FUND) CITY PROJECT NO. 82360 WHEREAS, pursuant to its regional Water Control Board Permit, its settlement of the Baykeeper litigation and The Nolte and Associates consultant report, the City of Burlingame intends to design and construct City Wide Sewer Rehabilitation Project 2010 (ARRA Fund); and WHEREAS, the California Water Resources Control Board provides low-interest financing to local agencies from the State Revolving Fund (SRF) to construct qualifying water quality improvements; and WHEREAS, the City of Burlingame intends to apply for low-interest financing from the SRF in order to construct the City Wide Sewer Rehabilitation Project 2010 (ARRA Fund); and WHEREAS, the State requires that the local agency comply with certain procedural requirements including this resolution authorizing City officials to sign and file the application. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: 1. The City Manager and/or the Public Works Director is hereby authorized and directed to sign and file, for and on behalf of the City of Burlingame, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of City Wide Sewer Rehabilitation Project 2010 (ARRA Fund); and 2. The City of Burlingame hereby agrees and authorizes the City Manager and/or Public Works Director or his/her designee to certify that the City of Burlingame has and will comply with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources Control Board; and 3. The City Manager and/or Public Works Director or his/her designee of the City of Burlingame Is hereby authorized to negotiate and execute a financial assistance agreement from the State Water Resources Control Board and any amendments or change orders thereto and certify financing agreement disbursements on behalf of the City of Burlingame. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15`"day of June, 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk CITY 0 STAFF REPORT BURLINGAME AGENDA C . ITEM # 8f MTG. DATE June 15, 2009 i1•coq gob �AATEG JUNE b TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITr BY DATE: June 5, 2009 APPR VED FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: FY 2009-10 Budget Adoption and Gann Limit Resolutions RECOMMENDATION: That City Council adopt the two annual budget approval resolutions in the following order: Resolution of the City Council of the City of Burlingame Adopting Operating and Capital Improvement Budgets for the City of Burlingame Fiscal Year 2009-2010. Resolution of the City Council of the City of Burlingame Establishing 2009-2010 Appropriation Limit for City of Burlingame Pursuant to Article XIII B of the California Constitution." BACKGROUND: The City Council held a Budget Study Session on Wednesday, May 27, 2009 to review the Proposed Budget for FY 2009-10. An overview of the proposed budget and capital improvements plan was presented at the study session. Department directors then reported on their individual departments' budgets. The City Council held a public hearing on the proposed budget and capital plan on Monday, June 1, 2009. The FY 2009-10 budget totals that are recommended for adoption are as follow: General Fund.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ..$ 37,7909794 Water, Sewer, Parking, Building & Solid Waste Enterprise Funds ...$ 27,391,671 Burlingame Financing Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35587,699 Public Access TV & Peninsula Congestion. . . .. . . . . . . . . . . . . . . . . . . . . .......$ 199,394 Capital Improvements Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,769,000 TotalBudget..................................................................$ 86,738,558 ARTICLE XIII(B) APPROPRIATION LIMIT (GANN LIMIT) Article XIII(B) of the State Constitution limits all state and local government budgets to a formula based upon the 1978-79 budget plus adjustments for cost of living and population changes. In 1990, voters approved modifications to permit use of the percentage change in commercial assessed valuation to increase the limit under certain conditions. In addition, major capital improvements were excluded from 1 the appropriation subject to the limit. Other exceptions are allowed for service charges, federal grants and mandated programs. The Appropriation Limit pursuant to Article XIII (B)has been calculated and reviewed by the City's audit firm. The city's appropriation limit for fiscal year 2009-2010 is $58,608,265. Budget appropriations subject to the limit are $12,520,725. The city's appropriations are $46,087,540 under the limit. ATTACHMENTS: Resolution of the City Council of the City of Burlingame Adopting Operating and Capital Improvement Budgets for the City of Burlingame Fiscal Year 2009-2010 Resolution of the City Council of the City of Burlingame Establishing 2009-2010 Appropriation Limit for City of Burlingame Pursuant to Article XIII B of the California Constitution 2 ARTICLE XIII(B)APPROPRIATION LIMIT Article XIII(B)of the State Constitution limits all state and local government budgets to a formula based upon the 1978-79 budget plus adjustments for cost of living and population changes. In 1990,voters approved modifications to permit use of the percentage change in commercial assessed valuation to increase the limit under certain conditions. In addition, major capital improvements were excluded from the appropriation subject to the limit. Other exceptions are allowed for service charges,Federal grants and mandated programs. In accordance with State implementation legislation(SB 1352,Chapter 1205,1980 Statutes) and the League of California Cities Uniform Guidelines,the following is Burlingame's appropriation limit calculation: APPROPRIATION LIMIT 2008-09 Appropriation Limit $57,689,953 Plus Percentage Growth per State 1.0159 2009-10 Appropriation Limit $58,608,265 APPROPRIATION SUBJECT TO LIMIT CALCULATION Proceeds of Taxes $33,442,424 Exclusions: Qualified Capital Projects and Debt (20,921,699) Appropriation Subject to Limit $12,520,725 2009-10 Appropriation Limit $58,608,265 Appropriation Subject to Limit 12,520,725 Over/(Under)Limit ($46,087,540) xxxii RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF BURLINGAME FISCAL YEAR 2009-2010 WHEREAS, each year the City of Burlingame prepares an annual budget which details the City's planned expenditures in light of its expected revenues; and WHEREAS, the City Council has received the proposed budget from the City Manager, conducted public study sessions on January 31, 2009, February 25, 2009, and May 27, 2009, and conducted a public hearing on June 1, 2009, and the Council has received and considered all testimony and documentation submitted in connection with the proposed budget; and WHEREAS, in this time of significant economic recession and falling City revenues, the proposed budget as submitted and amended makes wise choices in spending and funding among competing programs and services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1 . The City of Burlingame operating and capital improvement budget requirements for the coming year as detailed in the copy of the Budget on file in the Office of the City Clerk, are hereby approved and adopted for the 2009-2010 fiscal year. 2. The City of Burlingame budget total is $86,738,558 and consists of the following: a) General Fund budget: $3757905794 b) Water, Sewer, Parking, Building and Solid Waste Enterprise Funds: $27,391,671 c) Capital Improvement Fund: $17,769,000 d) Burlingame Financing Authority: $ 3,587,699 e) Shuttle Grant, and PEG $ 199,394 Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Burlingame City Council held on the 15th day of June, 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING 2009-2010 APPROPRIATION LIMIT FOR CITY OF BURLINGAME PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION WHEREAS, in November 1979, the voters of the State of California approved Proposition 4, the Gann Appropriation Limit Initiative, which states that beginning July 1, 1980, all state and local government budgets are limited to a formula based upon the 1978-79 budget, plus adjustments for cost of living and population changes, and specific exceptions for service charges, federal and state grants, reserve funds, etc.; and WHEREAS, the State Legislature adopted Government Code Section 7900, implementing Article XIII B of the California Constitution, and Proposition 111 adopted in June 1990,provided new adjustment formulas; and WHEREAS, in accordance with these State laws, the City of Burlingame has prepared documentation establishing the 2009-2010 appropriation limit, and has made this documentation available to the public in the proposed 2009-2010 budget for more than fifteen (15) days before this resolution was adopted, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVED AS FOLLOWS: 1. For 2009-2010, the City of Burlingame's appropriation limit is $58,608,265. 2. The Adopted Budget for 2009-2010 includes $12,520,725 in appropriations that are subject to the limit, and proceeds of taxes of$33,442,424. 3. For 2009-2010, the City of Burlingame is within the limits of Article XIII B of the California Constitution. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of June, 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk STAFF REPORT BURUNGAME AGENDA 8 ITEM# g MTG. SCO A�AATED,JUNE 6,9Q0 DATE June 15,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: June 1,2009 APPRVED BY FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: CHAMBER OF COMMERCE PROMOTIONAL SERVICES CONTRACT FOR FY 09-10 RECOMMENDATION: That the City Council approve the annual promotional services contract with the Burlingame Chamber of Commerce for FY2009-10 and authorize the City Manager to execute documents. BACKGROUND: The City of Burlingame contracts with the Burlingame Chamber of Commerce to provide promotional and information services to businesses, visitors and residents. The services include: • Distribution of materials and information to businesses and residents about Burlingame programs, events and activities. • Referral services to businesses and residents about Burlingame city government. • Sponsor and coordinate community events involving merchants, businesses and the public. • Promotion of business, community and economic development activities. A complete listing of all services is included in the attached funding agreement document. The city budget contains $30,179 for this purpose. There is no recommended increase in the amount of the contract. Monthly payments to the Chamber will be $2,514.92. ATTACHMENTS: Resolution of the City Council of the City of Burlingame Authorizing the City Manager to Execute Agreement with the Burlingame Chamber of Commerce to Provide Information and Promotion Services in 2009-2010. Funding Agreement for Promotional Activities—Chamber of Commerce C:\Documents and Settings\sbarocio\Local Settings\Temporary Internet Files\Content.Outlook\LRPNtJQOF\Council Agenda Report FY09-10.doc RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN 2009-2010 WHEREAS,the City requires a provider of continuing public information services, a provider which can respond to inquiries from business, visitors, and residents about the public and private services available in the community; and WHEREAS,the City also requires a provider which can provide a ready source of information and the coordination of community events; and WHEREAS,the City also requires a provider which can promote community events; and WHEREAS,Government Code sections 40100 and following allow the City to appropriate money to publicize and advertise the City, its event and services; and WHEREAS,the Burlingame Chamber of Commerce has provided these services to the community on a timely,professional basis for many years in the past; and WHEREAS,the Chamber has agreed to provide these activities and programs for the 2009-2010 fiscal year, NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: 1. The City Council hereby approves the Agreement with the Burlingame Chamber of Commerce in the form attached hereto as Exhibit"A". 2. The City Council authorizes and directs the City Manager to execute the Agreement for and on behalf of the City. Ann Keighran,Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15"'day of June, 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk AGREEMENT PROMOTIONAL ACTIVITIES—CHAMBER OF COMMERCE This Agreement is made and entered into as of the 1st day of July,2009, by and between the City of Burlingame, a municipal corporation of the State of California (hereinafter referred to as "City"), and the Burlingame Chamber of Commerce (hereinafter referred to as "Chamber"), with reference to the following Recitals: RECITALS: WHEREAS, City desires to promote its advantages as a business, educational, cultural, recreational and residential center, and to disseminate information relative thereto, and to properly respond to inquiries made from time to time relating to the various activities of City; NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT: 1. Duties of Chamber. In exchange for the consideration specified in paragraph 3 below, Chamber shall perform the following promotional activities on behalf of City: a. Distribute materials and information to residents and businesses about Burlingame relating to the activities described in Exhibit A attached hereto and incorporated herein by reference. b. Answer public inquiries about community facilities, events, organizations, businesses, and other community informational needs, through availability on a"walk-in"basis, as well as through mailings, telephone and e-mail. C. Provide referral services from citizens and businesses about appropriate City or government offices, including without limitation, the City Business License office (located in the Water Department), Recreation Department, Planning Department, Public Works Department, Police Department and Fire Department. d. Coordinate community events involving merchants and businesses requiring City services as needed and help promotion by City. e. Sponsor/coordinate/advertise special events and activities involving businesses and the public, including the following: (1) Produce Burlingame Art&Jazz Festival C:\Documents and Settings\sbarocio\Local Settings\Temporary Intilmet Files\Content.Outlook\LRPNUQOF\Funding Agreement FY 09-10.doc (2) Assist with the December Merchant Holiday Open House and Tree Lighting Ceremony (3) Assist the Recreation Department with advertising the Burlingame-Millbrae Golf Tournament (4) Conduct seasonal Farmers Markets (5) Sponsor Broadway Holiday Cheer event f. Produce/distribute materials about Burlingame, as follows: (1) Burlingame/Hillsborough Street Map, including providing 1000 copies to the City of Burlingame g. Promote business, community and economic development through the activities described in Exhibit B attached hereto and incorporated by reference herein. h. Assist City with the continuation of the currently operating commuter shuttle service between the Broadway Caltrain station and the business area east of the Bayshore Freeway. i. Promote the retention and relocation of businesses to City by participating (in conjunction with City) in the activities of San Mateo County Economic Development Association. j. Maintain and operate an office open to the general public for discharging the obligations of Chamber under the terms of this Agreement(including, without limitation, promoting the residential and business attributes of City to the public). k. Employ competent personnel to carry on the promotional activities enumerated herein. 1. Work to develop a partnership with the City of Burlingame's business improvement districts that include the exploration of: (1) Creating a"Buy Burlingame" campaign (2) Use of a joint website to promote Burlingame businesses 2. Certain Political Activities Prohibited. The Chamber shall not support, endorse or oppose any candidate for municipal, county or school elections in San Mateo County. The Chamber may conduct candidate debate forums or similar events of a public information nature. C:\Documents and Settings\sbarocio\Local Settings\Temporary Intirnet Files\Content.Outlook\LRPNUQOF\Funding Agreement FY 09-10.doc 3. Consideration. a. General Promotional Activities. City shall pay Chamber, in the manner specified below, the sum of Thirty Thousand, One Hundred and Seventv Nine Dollars ($30,179) for general promotional services performed by Chamber hereunder for the period commencing July 1, 2009, and ending June 30, 2010. The foregoing sum shall be paid in twelve equal consecutive monthly installments commencing July 1, 2009. Chamber shall send to City on the first (1St) day of each month a written invoice describing in a summary manner the services for which Chamber is to be paid. Invoices dated the first day of each month shall be paid no later than the fifteenth day of each month. 4. Assignment. This Agreement shall not be assigned by Chamber without the written consent of City. 5. Notices. All written notices and demands which either party may serve on the other may, as an alternative to personal service, be served by registered or certified mail. Any such notice or demand so served shall be deposited in the United States mail with postage fully prepaid and addressed to the party at the address specified below: City: City Manager City Hall 501 Primrose Avenue Burlingame, CA 94010 Chamber: Chair, Burlingame Chamber of Commerce 290 California Drive Burlingame, CA 94010 Either party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 6. Relationship of parties. It is agreed the Chamber is an independent contractor and all persons working for or under the direction of Chamber or its agents, servants and employees are not agents or employees of City. 7. Termination. This Agreement shall commence on July 1, 2009 and shall terminate on June 30, 2010, unless extended by the parties in writing. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. C Documents and Settings\sbarocio\Local Settings\Temporary Intgmet Files\Content.Outlook\LRPNUQOF\Funding Agreement FY 09-10.doe EXHIBIT A DISTRIBUTION OF MATERIALS AND INFORMATION ABOUT THE CITY OF BURLINGAME 1. Burlingame Demographics 2. Essential information for new Burlingame residents, including, without limitation, information materials for Burlingame Newcomers Club for all new Burlingame residents contacted by the club. 3. Community Event Information including: a. Art In The Park b. Broadway Festival (when applicable) c. Burlingame Art and Jazz Festival d. Concert In The Park Series e. Concerts at Kohl Mansion f. Public Elementary School, Public and Private High School Events g. Burlingame Night— S.F. Giants h. Burlingame-Millbrae Golf Tournament i. Burlingame & Broadway Area Business Improvement Districts. j. Merchant Sidewalk Sales (April & August) k. December—Merchant Holiday Open House and Tree Lighting 4. Public Transportation Information (Samtrans, Caltrain, BART and Burlingame Trolley) 5. Historical Information—Burlingame 6. Churches, parks and schools in Burlingame 7. Wedding/Meeting Sites Information 8. Clubs and Organizations Information 9. Hotel and Restaurant Information C:\Documents and Settings\sbarocio\Local Settings\Temporary Int§rnet Files\Content.Out]ook\LRPNUQOF\Funding Agreement FY 09-I O.doc 10. Realtor Information 11. Burlingame Business relocation assistance 12. Burlingame Business Economic Profile 13. Publication handouts include: a. Burlingame/Hillsborough Street Map - including providing 1000 copies to the City of Burlingame b. San Mateo County Convention&Visitors Bureau County Image c. Burlingame Golf Center d. Burlingame Recreation Department Brochures (3 per year) e. Social Service Resources 14. Provide direction or resource information to meet unique or uncommon requests C Documents and Settings\sbarocio\Local Settings\Temporary Int6Tnet Files\Content.Outlook\LRPNUQOF\Funding Agreement FY 09-10.doc EXHIBIT B ADDITIONAL RESPONSIBILITIES PROMOTING BUSINESS COMMUNITY AND ECONOMIC DEVELOPMENT 1. Promotion of special community meetings, seminars and special events 2. Promotion of community events and services 3. Information to Burlingame Elementary Schools about Burlingame 4. Chamber Membership Advertising and Promotional Budget promotes Burlingame in coordination with the Business Associations and Business Improvement Districts 5. Prepare publicity releases for Community Events 6. On-going business economic development programs: a. Hotels b. Office Buildings c. Providing SCORE counselor in Chamber office for business counseling 7. Chamber Representation at San Mateo County PROGRESS SEMINAR to study regional issues 8. Response to City of Burlingame requests regarding all business issues 9. Chamber/Business Annual Report—Independent Special Edition Insert 10. Promote the annual county business trade show 11. Burlingame Trolley 12. Assist the City of Burlingame in promoting commercial recycling activities and programs among Chamber membership. C:\Documents and Settings\sbarocio\Local Settings\Temporary Ingnet Files\Content.Outlook\LRPNUQOF\Funding Agreement FY 09-10.doc 9. Entire Agreement. The terms of this Agreement are intended by the parties as a final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement constitutes the exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial proceedings involving this Agreement. 10. Attorneys' Fees. In the event of any litigation between the parties hereto to enforce any of the provisions of this Agreement, the unsuccessful party to such litigation shall pay to the successful party all costs and expenses, including reasonable attorneys' fees incurred by the successful party, all of which may be included as part of the judgment rendered in such litigation. 11. Severability. If any provision of this Agreement should be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law. 12. Headings. The title and headings of the various sections hereof are included for purposes of reference only and are not intended to place any construction on the provisions hereof. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first set forth above. CITY OF BURLINGAME: CHAMBER OF COMMERCE: By By Jim Nantell, City Manager Georgette Naylor, President Attested: By By CADocuments and Settings\sbarocio\Local Settings\Temporary Int4met Files\Content.Outlook\LRPNUQOF\Funding Agreement FY 09-10.doe CITY PZ STAFF REPORT BURUNGAME AGENDA 8h ITEM# w�oq 9,m MTG. QNGTeo JUNE DATE June 15,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMIT BY DATE: June 3,2009 ��✓�'�� APPR VED FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: PENINSULA CONFLICT RESOLUTION CENTER MEDIATION SERVICES CONTRACT FOR FY 2009-10 RECOMMENDATION: That the City Council approve a funding agreement with the Peninsula Conflict Resolution Center(PCRC) for fiscal year 2009-10 in the amount of$16,829 and authorize the City Manager to execute documents. BACKGROUND: The City of Burlingame contracts with the Peninsula Conflict Resolution Center to provide mediation and conciliation services to residents, landlords, tenants,businesses and other persons needing these services. The services include: • Information and referral services. • One-party assistance in conflict situations. • Conciliation services as a neutral third party. • Mediation services to resolve conflicts between two parties. • Recruitment and training of community volunteers. A complete listing of all services is included in the attached funding agreement document. The FY 09-10 budget contains $16,829 for this purpose, the same amount as in FY 08-09. ATTACHMENTS: Resolution of the City Council of the City of Burlingame Authorizing The City Manager to Execute Agreement with the Peninsula Conflict Resolution Center to Provide Conciliation and Mediation Service in FY 2008-2009 Agreement for the Provision of Community Mediation Services - FY2009-10 C:\Documents and Settings\sbarocio\Local Settings\Temporary Internet Files\Content.Outlook\LRPNUQOF\FY 09-10 Agreement-Agenda Report.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENINSULA CONFLICT RESOLUTION CENTER FOR THE PROVISION OF CONFLICT RESOLUTION SERVICES WHEREAS,the Peninsula Conflict Resolution Center(PCRC), an independent contractor and a 501(c)(3)public benefit corporation,provides conflict resolution services for citizens residing in San Mateo County; and WHEREAS, for many years,the City of Burlingame(City)has contracted with PCRC for the provision of conflict resolution services for its citizens; and WHEREAS, PCRC is willing and able to continue to perform conflict resolution services as described in the attached agreement; and WHEREAS, the City and PCRC desire to renew their agreement for the provision of conflict resolution services for fiscal year 2009-2010; NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Burlingame hereby approves and authorizes the City Manager to execute an Agreement with Peninsula Conflict Resolution Center for the provision of conflict resolution services, in an amount not to exceed$16,829, in the form attached hereto and incorporated herein. Ann Keighran, Mayor I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 15th day of June, 2009,by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk PeVXiVXSbA1Ck GoVXf list RESOILAtiOVA GG hfe-V- Empowe_r in9 people. BuilJincj relationskips. Reduc.in) violence. Agreement for the Provision of Community Mediation Services The Peninsula Conflict Resolution Center(PCRC),a 501(c)(3)public benefit corporation,wishes to provide conflict resolution services for the City of Burlingame (City). The Peninsula Conflict Resolution Center is an independent contractor, organized in accordance with the laws of California and is capable of performing the conflict resolution services described in this agreement. PCRC and Burlingame agree as follows: 1. SERVICES. The PCRC shall provide the services described in Exhibit A,attached to and made a part of this agreement. 2. FUNDING. Funding by the City shall be in advance and shall not exceed$16,829. PCRC shall provide documentation to specify how the funds requested shall be spent, including such details as the City deems appropriate. Additional documentation may be requested by the City. 3. CONTRACT TERM. This contract shall commence on July 1,2009 and shall terminate on June 30,2010 unless terminated before that time, as described in Paragraph 6 of this agreement. 4. PROGRAM REPORTS. A performance report shall be submitted to the City on a quarterly basis. This report shall include a description of all program activity related to this contract for the particular quarter. 5. BREACH OF CONTRACT. The City reserves the right to waive any and all breaches of this contract, any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event the City chooses to waive a particular breach of this contract,it may condition said waiver on payment by PCRC of actual damages occasioned by such breach of contract. PCRC shall make every effort to resolve the breach quickly and amicably. 6. TERMINATION. In the event the PCRC is unable to fulfill its responsibilities under this contract for any reason whatsoever,including circumstances beyond its control,the City may terminate this contract. Either party to this agreement may terminate this contract without cause by giving 10 days written notice to the other party. 7. INTEREST OF PUBLIC OFFICIALS. No members, officer or employee or agents of the City,no member of the City Council,and no other public official exercising any function or responsibility with respect to this program during his/her tenure,shall have any interest,direct or indirect,in this contract or a related subcontract or the proceeds thereof. 8. RELATIONSHIP OF PARTIES. It is expressly understood that PCRC is an independent contractor and that no agency,employee or other relationship is intended to be or is established by this contract. 9. INSPECTION OF PROGRAM. It is understood that periodic review of PCRC's program may be necessary and the right to do so is reserved by the City. 10. ASSIGNABILITY. PCRC shall not assign in this agreement and shall not transfer any interest in the same,without the prior written consent of the City. 11. HOLD HARMLESS AND INSURANCE. PCRC agrees (1) to hold harmless and indemnify the City and its officers and employees from and against any and all claims, loss,liability, damage and expense arising from performance of this contract,including claims, loss,liability, damage and expense caused or claimed to be caused by passive negligence of the City or its officers or employees. (2) to defend (City),its officers or employees there-against;provided however that this provision does not apply to claims, loss,liability, damage or expense arising from (a) the sole negligence or willful misconduct of(City) or (b) the active negligence of(City). General liability and automobile liability insurance shall provide the following minimum benefits: (1) general liability,including comprehensive form,personal injury, broad form property damage,contractual and premises/operation in limits of $1,000,000. aggregate,bodily injury and property damage combined; (2) automobile liability in limits of$1,000,000,bodily injury and property damage combined. Additionally,workers compensation insurance in at least the minimum statutory amounts shall be maintained. All liability insurance policies shall specify (City),its elective and appointed boards,commissions,officers,agents and employees as additional insureds. A certificate of insurance shall be provided to (City)prior to performance pursuant to this contract. It shall include policy endorsement verifying City's additional insured status. Further,any changes in insurance, required herein must be approved in writing by the City Attorney's Office. 12. NONDISCRIMINATION. General: No person shall,on the basis of race,color,national origin,religious affiliation or non affiliation,marital status,medical condition,sex, age,handicap,sexual orientation or political affiliation be excluded from participation in,be denied the benefits or be subjected to discrimination,under this agreement. Employment: PCRC shall ensure equal employment opportunity based on objective standards of recruitment,selection,promotion,classification,compensation, performance evaluation and management relations, for all employees under this agreement. PCRC's personnel policies shall be made available to the City upon request. 2 13. PROJECT REPRESENTATION. PCRC and the City hereby designate the following agents to act as project representatives and receive all notices in the matters dealing with the performance of work,under this agreement. PCRC: Jennifer Bullock,Executive Director CITY: James Nantell,City Manager 14. DISPUTE RESOLUTION. In the event that differences relating to this contract,or to the relationship between the contracting parties,should arise during the term of this agreement,both parties will pursue resolution using an interest-based,non-adversarial approach and utilizing the services of a neutral third party mediator if direct negotiations are not successful. 15. ADDITIONAL PROVISIONS. Additional provisions,if any,are contained in Exhibit A,attached to this document. In witness thereof, this agreement has been duly executed by the parties named above. PENINSULA CONFLICT RESOLUTION CENTER 1660 South Amphlett Blvd,Ste.219 San Mateo,CA 94402 (650) 513-0330 By Date Jennifer Bullock,Executive Director CITY OF Burlingame James Nantell,City Manager 501 Primrose Road Burlingame,CA 94010 By Date 3 EXHIBIT "A" I. What PCRC will provide Services to be provided to the City of Burlingame through this contract are described below. A. Information Services All of the services in this category are unlimited and free of charge. 1) Information and Referral: A resource person is available by telephone,to assist residents who have specific questions relating to a conflict. Through this conversation the resident may clarify issues of concern,be given specific information about common practices related to landlord-tenant and community issues and receive a referral to an appropriate agency/resource. 2) Information and Assistance: A resource person assists the concerned caller to de- escalate feelings,clarify issues and underlying needs, develop possible solution options, and begin to design an approach to dispute resolution. 3) Promotion of Use of Conflict Resolution Services: PCRC staff and volunteers will make presentations and develop press releases and media coverage. PCRC will provide brochures and other printed materials to be kept in public areas where community members are likely to seek resource information. B. Mediation Services for Individuals 1) One Party Assistance: A resource person assists a caller to think through a conflict situation,including clarifying issues and interests of involved parties,exploring approaches to dealing with the situation and solution options and assisting with the selection of an approach to resolution. 2) Conciliation: Conciliation is the resolution of a conflict through the intervention of a neutral third party,without the disputing parties coming together in a face-to-face mediation. A mediator works with an individual,clarifying issues of concern, explaining approaches to seeking resolution,and gaining agreement by the party to pursue mediation and case intake. A case development process,involving contacts with both/all involved parties,is initiated and during that process,a resolution of concerns is achieved,to the satisfaction of the involved parties. 3) Mediation: Mediation through PCRC involves a face-to-face meeting between disputing parties who contact PCRC directly or who are referred by city staff or community agencies. With the assistance of a panel of trained volunteer mediators, parties work through a non-adversarial problem solving process and attempt to develop a mutually acceptable resolution to the issues of concern. There is a two- fold focus: development of a satisfying and durable agreement and the preservation 4 of an effective relationship in situations where the parties will continue to be in contact with each other. Through this contract,the City is subsidizing the provision of private mediation services to those who reside or work in the City. These services assist with conflict situations between individuals. The types of conflicts may include: landlord/tenant disputes,issues between two neighbors (either owners or renters),consumer disputes,roommate problems,conflicts between friends,plus some domestic or family issues. PCRC also provides mediation services in more complex situations that involve multiple parties and/or multiple issues. For example: workplace disputes;intra- or extra- organizational conflicts,multi-neighbor disputes or public controversies. See C. Additional Conflict Resolution Services. C. Additional Conflict Resolution Services If the City,residents or local organizations use the services described below, this contract provides a 10%discount off of PCRC's standard fee schedule (upon request). 1) Training: PCRC offers orientations to city staff about the mediation program and its services as part of the basic contract. In addition,PCRC can train groups in theory and practice of interest-based conflict management,negotiation,communication, and facilitation skills. Training session are tailored to the particular needs of the group and have proven useful to city departments heads,front-line staff, commission members,workplace teams,community service providers as well as other groups. 2) Conflict Assessment/Consultation:PCRC can assist cities, as well as local community organizations and other groups to assess specific conflict situations, analyze concerns of stakeholders and develop strategies for pro-active and interest based conflict resolution. The conflict assessment process usually involves PCRC contacting stakeholders to gather input and provide information about conflict resolution options. An assessment report can be prepared and provided to the client. 3) Mediation Services for Complex Situations: PCRC's staff and volunteers provide the same high quality of mediation services in multi-party,multi-issue,complex disputes as we do for individual disputes. This may follow a conflict assessment/consultation as above in C.2. and requires a more advanced level of mediation training and experience. Examples of complex mediation situations include:workplace conflict between supervisor and supervisee;workplace issues affecting a whole team;a neighborhood issue involving multiple households;a public controversy in which the City or other institution is involved. 4) Conflict Resolution System Design:PCRC assists organizations in building internal conflict resolution capacity,i.e. the development of policies and procedures for interest-based dispute prevention and early resolution. This service is tailored to the 5 unique needs of the individual group,but is based on recognized and proven design principles. 5) Design and facilitation of Community Forums,Public Conversations,Dialogues: Through its Community Engagement Program, PCRC has developed expertise in managing public discussions. Working with local representatives,PCRC assists with the design and facilitation for a wide variety of group sessions in which members of the public are encouraged to participate in dialogue about issues that affect the health and well-being of the community. 6) Facilitation of planning sessions for Committees,Departments, Councils: PCRC will assist with the design and facilitation of planning sessions for elected,appointed and civic groups who are coming together to plan for the future. D. Administration of a Community Mediation Program: In collaboration with the contracting city,PCRC will administer a mediation program responsive to the needs of the community. PCRC may solicit input from city staff about unique areas of concern to a city and appropriate approaches to program implementation, improvement and promotion. E. Recruitment and training of community volunteers: PCRC will develop and maintain a pool of trained volunteer mediators,case developers and facilitators to serve the conflict resolution needs of the community. These residents of local communities will become skillful in the interest-based approach to conflict resolution. PCRC volunteers complete a minimum of 25 hours of training,according to regulations that govern programs receiving support from the California Dispute Resolution Trust Fund. PCRC also offers on-going skill development opportunities to volunteers to improve and enhance their conflict resolution skills. These volunteer will also serve as ambassadors in the community,promoting the ideas of interest-based conflict resolution. II. What the City of Burlingame will provide: A. Funding in the amount of$16,829 for Fiscal Year 2009-10. This fee is full payment for the services defined above. Payments will be made upon receipt of invoice. B. Support for the program from city officers and staff members, demonstrated through public statements,publicity, and referrals through city departments. C. At least one article or ad placed in a city run publication to promote the use of PCRC services among residents and businesses in the city. A PCRC staff person is available to work with a city contact person to develop this material. D. Assistance in scheduling appointments for PCRC representatives to make outreach presentations to groups of city staff,civic organizations and other relevant groups. This assistance should result in a minimum of 2 presentations in the city per year. 6 E. No cost use of city-controlled public meeting space,as needed and as available,for training sessions,meetings and mediations. This use will be subject to the existing rules and regulations that govern the use of these spaces. III. Agreement by both parties,in concept: Both PCRC and the City recognize that this is an ongoing program. If the Community Mediation Program meets the terms of this agreement to the City's satisfaction,and in the absence of unexpected financial constraints,it is expected that the City will consider funding the Community Mediation Program,on an annual basis,as negotiated between the two parties. 7 CITY AGENDA 81 ITEM# BY." '"'E STAFF REPORT DATE:June 5,2009 �e TO: Honorable Mayor and City Council SUBMITTED BY: Jack Van Etten,Chief of Police DATE: June 15,2009 APPROVED FROM: Jack Van Etten,Chief of Police BY: Jim Nantell,City Manager SUBJECT: Adopt a resolution to renew an Information Services Contract with Caine Computer Consulting,LLC,to provide Information Technology Management Services for the Police Department ----------------------------------------------------------------------------------------------------------------------------------- RECOMMENDATION: The city council should adopt a resolution to renew a contract with Caine Computer Consulting,LLC,to provide Information Technology Management Services for the Police Department. BACKGROUND: As mentioned in last year's staff report,the police department has historically used sworn personnel to develop, implement,troubleshoot and manage records and information technology since the late 1980's. When this technology first appeared, sworn staffing levels were greater and sworn personnel were able to perform this function in addition to their other job responsibilities.However,with the explosion of new technologies in the law enforcement and the public sector areas, it is becoming more and more difficult(and expensive)to manage the Information Technology Services using full- time city employees. For the past twenty years,the Burlingame Police Department has been a leader in implementing technologies for our own police services and throughout San Mateo County. In keeping up with our attempt to civilianize certain positions or contract for specialized services(at a cost savings),the police department is seeking a long term solution to managing our Information Technology Services and our Police Records Databases. To maintain the sensitive and existing Information Technology Service levels,the police department recommends contracting with an Information Technology Services Management Company that has experience dealing with the law enforcement sector and can operate and manage the Information Technology Services needs in the police department.The police department requires an in-depth knowledge and understanding of IT,computer and other related specialized systems within our police department and other systems throughout San Mateo County. To continue with the high level of IT and systems management services,coupled with the required knowledge,understanding and expertise required for sensitive law enforcement application systems we have not gone out to competitive bid.Rather,to best meet the specialized needs of the police department and city, it is our recommendation to re-new the existing contract with Caine Computer Consulting,LLC,to provide for 24 hour/365 day support in an annual contract of$114,616.25 per year. The contract will provide(but not be limited to)the following IT Management Services: network and computer system administration and company back-up,website administration,project management,computer software management, email system management,telephone system management, communications project management and related duties with oversight,provide computer training and education of employees,and work on other related projects(within the city),as needed.If approved,the contract will be renewed on July 1,2009, and last through June 30,2010. FISCAL IMPACT: The contract renewal being proposed is $114,616.25 and will be paid from the general fund in the police department budget. There are NO INCREASES in the renewal costs for this contract. As was indicated in last year's staff report, a comparison salary was made among several cities. Some cities have a Senior Network or Systems Analyst or Senior Engineer that perform these tasks at salary(only)that is comparable with the cost of this contract.For example,the yearly salary(without benefits)for these IT positions in cities located in San Mateo and Northern Santa Clara Counties run from$95,500—$115,000. The cost for our contract is actually less expensive compared to the cost for a Full Time salaried employee(with benefits)doing comparable work and duties. ATTACHMENTS: Refer to the attached resolution approving the contract Refer to the attached contract proposal and attachments RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CAINE COMPUTER CONSULTING,LLC TO PROVIDE INFORMATION TECHNOLOGY MANAGEMENT SERVICES TO THE CITY'S POLICE DEPARTMENT WHEREAS, in May of 2008, the City Council approved an agreement with Caine Computer Consulting, LLC to provide information technology management services to the City's Police department;and WHEREAS, the City's Police Department, having benefited greatly from the services provided by Caine Computer Consulting, desires to extend the agreement with Caine Computer Consulting for the provision of information technology management services;and WHEREAS, Caine Computer Consulting is willing and able to continue to provide such information technology management services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: The City Council approves and authorizes the Mayor to execute a renewed agreement with Caine Computer Consulting, LLC in the form attached hereto as Exhibit"A"which is incorporated herein by this reference. Ann Keighran,Mayor 1, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 150'day of June, 2009,and was adopted thereafter by the following vote: AYES: Council members: NOES: Council members: ABSENT: Council members: Mary Ellen Kearney, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional c) Project Management Services (the "Agreement"), effective July 1, d) Computer Software Management, 2009, is by and between The City of including but not limited to, the Hitech Burlingame, with its principal office in Systems software Burlingame, California (hereinafter e) Email System Management "Client"), and Caine Computer Consulting, f) Telephone System Management LLC, a California corporation, with its g) Training and Computer Education to principal office in Redwood City, California, employees (hereinafter the "Company"). h) Other Client Projects as needed WHEREAS, Client finds that the 1.1.1 New Projects and responsibilities Company is willing to perform certain work can be added to the above list if mutually hereinafter described in accordance with the agreed upon by the parties. provisions of this Agreement; and 1.1.2 Company agrees to provide WHEREAS, the Company consulting services, such as discussing represents that it is qualified to perform the available options, troubleshooting, work and that such performance will be in recommending solutions and working with furtherance of Client's business. employees and equipment vendors as needed. WHEREAS, Company will provide 1.1.3 Client will be responsible for all services both onsite and remotely at hardware components. If hardware repair Company's place of business as the need and support is needed, Client agrees to pay arises. for contractor parts and services that Client has approved in writing before the parts or NOW, THEREFORE, in services have been provided. consideration of the mutual covenants set forth herein and intending to be legally 1.1.4 Cabling will be performed by bound,the parties hereto agree as follows: cabling contractors approved jointly by Client and Company and paid for by Client. 1. SERVICES. 1.1.5 Company will work with Client's 1.1 Effective Date. This Agreement is equipment vendors to troubleshoot issues and effective as of -Z l LA 1 replace components under warranty. 2009. 1.1.6 Any purchases made will conform 1.2 Services to Client. The Company to Client's purchasing policies and shall provide the following ("Services")to the procedures. Police Department of the Client as requested by the Client: 1.1.7 Company will provide support for workstation software, including the initial a) Network/ Computer System installation, re-installation, software Administration upgrades/patches and configuration changes b) Website Administration requested by Client. Company support for { service software includes the initial the event of emergency. installation, re-installation, software upgrades/patches and on-going monitoring of 1.1.13 . Compliance with Laws. The system processes, which include daily Company shall comply with all applicable backup, logs, alarms and alerts. Software laws, codes, ordinances, and regulations of loaded on servers and workstations must be governing federal, state and local laws. reviewed by Company for comments before Company represents and warrants to Client purchase and installation. that it has all licenses, permits, qualifications and approvals of whatsoever nature which 1.1.8 Client will pay for any technical are legally required for Company to practice support contracts for third-party software. its profession. Company represents and warrants to Client that Company shall, at its 1.1.9 Company employee(s) will report sole cost and expense, keep in effect or obtain directly to the Administrative Commander, a at all times during the term of this Agreement Police Department employee of Client, or any licenses, permits, and approvals which his/her designee. Company agrees to keep are legally required for Company to practice the Administrative Commander or his/her its profession. Company shall maintain a designee informed of work performed, and City of Burlingame business license. upon request, will provide an accounting of work done on projects. 1.1.14 Company shall be responsible for employing or engaging all persons necessary 1.1.10 Client will be responsible for to perform the services under this Agreement. purchasing and upgrading software licenses. 1.1.11 Company will provide services 2. PAYMENT AND INVOICING both on site and remotely in order to maintain TERMS. the integrity of the Client's computer systems. If a significant amount of work is required to 2.1 Payment for Services. The be done after normal business hours (0800- Company will be paid as follows: 1700) due to an emergency or other after- hours need, that work may be invoiced in $114,618.25 annually to be paid monthly at addition to the contract amount, at a rate of the rate of$9,551.52 per month $59.70 per hour or another amount which has been mutually agreed upon by both parties. If Billing shall be accompanied by a detailed both parties agree, normal business hours can explanation of the work performed by whom, be adjusted to meet the needs of both parties. at what rate, and on what date. The submittal shall include the following: l.1.12 Company agrees to be available 24 hours a day, 7 days a week by A. A narrative progress report of providing home telephone, business specific accomplishments during the billing telephone and cellular telephone period, problems encountered or anticipated, numbers unless notice has been plans for resolving problems, given otherwise to Client. If accomplishments scheduled during the next Company will not be available, billing period, and results of any significant Company will provide an alternate activities. employee to contact for support. A list of alternative support options B. A cost report for each task will be provided for Client to call in showing:current period and tasks 2 accomplished; 2.3 Reimbursable Costs. Client shall reimburse the Company for the following 2.1.1 Additional payment for specific projects costs incurred in connection with the Services may be negotiated separately and payment rendered: travel costs, materials costs, may be by hour or by project as mutually copies, and delivery, that are attributable to a agreed upon. project or Service (the "Reimbursable Costs"). Travel costs are defined as air travel, lodging, meals and incidentals, ground 2.1.2 All documents furnished to Company transportation, tools, and all costs associated by the Client and all reports and supportive with travel. All travel expenses must receive data prepared by the Company under this Client's prior written approval. The Company Agreement are the Client's property and shall shall provide to Client written substantiation be delivered to the Client upon the of Reimbursable Costs incurred. completion of Company's services or at the Client's written request. All reports, 2.3.1 Client will provide all software information, data, and exhibits prepared or and equipment that its employees are to use in assembled by Company in connection with providing Client's services. Company will be the performance of its services pursuant to responsible to provide its own equipment and this Agreement are confidential until released software for use at its place of business and by the Client to the public, and the Company for any diagnostic or communication shall not make any of the these documents or purposes. information available to any individual or organization not employed by the Company 2.4 Invoicing. or the Client without the written consent of the Client before such release. The Client (a) Invoices will submitted aclalowledges that the reports to be prepared monthly by the Company for payment by by the Company pursuant to this Agreement Client. Payment is due upon receipt and is are for the purpose of evaluating defined past due thirty (30) days from receipt of projects, and Client's use of the information invoice. If Client has any valid reason for contained in the reports prepared by the disputing any portion of an invoice, Client Company in connection with other projects will so notify the Company within fourteen shall be solely at Client's risk, unless (14) calendar days of receipt of invoice by Company expressly consents to such use in Client, and if no such notification is given, writing. Client further agrees that it will not the invoice will be deemed valid. The portion appropriate any methodology or technique of of the Company's invoice that is not in Company which is and has been confirmed in dispute shall be paid in accordance with the writing by Company to be a trade secret of procedures set forth herein. Company. If payment of invoices is not current, the Company may suspend performing further work. 2.5 Company shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Company shall make these records available to authorized personnel of the Client at the Company's 3 offices during business hours upon written presently and shall not acquire any direct or request of the Client. indirect interest adverse to those of the Client in the subject of this Agreement, and it shall 3. CHANGES. immediately disassociate itself from such an interest should it discover it has done so and Client may, with the approval of the shall, at the Client's sole discretion, divest Company, issue written directions within the itself of such interest. Company shall not general scope of any Services to be ordered. knowingly and shall take reasonable steps to Such changes (the "Change Order") may be ensure that it does not employ a person for additional work or the Company may be having such an interest in this performance of directed to change the direction of the work this Agreement. If after employment of a covered by the Task Order, but no change person, Company discovers it has employed a will be allowed unless agreed to by the person with a direct or indirect interest that Company in writing. would conflict with its performance of this Agreement, Company shall promptly notify 4. STANDARD OF CARE. Client of this employment relationship, and shall, at the Client's sole discretion, sever any 4.1 The Company warrants that its services such employment relationship. shall be performed by personnel possessing competency consistent with applicable 4.3 Company warrants that it is an equal industry standards. No other representation, opportunity employer and shall comply with express or implied, and no warranty or applicable regulations governing equal guarantee are included or intended in this employment opportunity. Neither Company Agreement, or in any report, opinion, nor its subcontractors do and neither shall deliverable, work product, document or discriminate against persons employed or otherwise. Furthermore, no guarantee is seeking employment with them on the basis made as to the efficacy or value of any of age, sex, color, race, marital status, sexual services performed or software developed. orientation, ancestry, physical or mental This Section sets forth the only warranties disability, national origin, religion, or medical provided by the Company concerning the condition, unless based upon a bona fide services and related work product. This occupational qualification pursuant to the warranty is made expressly in lieu of all other California Fair Employment & Housing Act. warranties, express or implied, including In performing services under this Agreement, without limitation any implied warranties of Company shall not discriminate nor allow any fitness for a particular purpose, discrimination against any person seeking merchantability, non-infringement, title or these services on the basis of age, sex, color, otherwise. race, marital status, sexual orientation, ancestry, physical or medical disability, 4.2 Company understands that its national origin, religion, or medical condition professional responsibilities are solely to the unless based upon a bona-fide safety Client. The Company has and shall not limitation. obtain any holding or interest within the City of Burlingame. Company has no business 5. LIABILITY. holdings or agreements with any individual member of the Staff or management of the 5.1 Limitation. Company will provide Client or its representatives nor shall it enter Public Liability insurance in the amount of into any such holdings or agreements. In $1,000,000 and Errors & Omissions addition, Company warrants that it does not insurance policy in the amount of $500,000. 4 The Company's liability, including but not professional liability insurance required for limited to Client's claims of contributions and professional errors and omissions. indemnification related to third party claims arising out of services rendered by the 5.1.3 With regard to the public liability Company, and for any losses, injury or policy, the Company's insurance coverage damages to persons or properties or work shall be endorsed to be primary insurance as performed arising out of or in connection respects the Client, its officers, officials, with this Agreement and for any other claim, employees and volunteers. Any insurance or shall be limited to the amount of the policy. self-insurances maintained by the Client, its Notwithstanding anything to the contrary in officers, officials, employees or volunteers this Agreement, the Company shall not be shall be excess of the Company's insurance liable for any lost profits or punitive and shall not contribute with it. damages. Client agrees to limit the Company's liability to Client for any damage 5.1.4 Any failure to comply with on account of any error, omission or reporting provisions of the policies shall not negligence to a sum not to exceed the amount affect coverage provided to the Client, its of the insurance policy. The limitation of officers, officials, employees or volunteers. liability set forth herein is for any and all matters for which the Company may 5.1.5 The Company's insurance shall apply otherwise have liability arising out of or in separately to each insured against whom a connection with this Agreement, whether the claim is made or suit is brought, except with claim arises in contract, tort, statute, or respect to the limits of the insurer's liability. otherwise. 5.1.6 In addition to these policies, Company 5.1.1 Any deductibles or self-insured shall have and maintain Workers' retentions must be declared to and approved Compensation insurance as required by by the Client. At the option of the Client, California law. Further, Company shall either: the insurer shall reduce or eliminate ensure that all subcontractors employed by such deductibles or self-insured retentions as Company provide the required Workers' respects the Client, its officers, officials, Compensation insurance for their respective employees and volunteers; or the Company employees. shall procure a bond guaranteeing payment of losses and related investigations, claim 5.1.7 All Coverages: Each insurance policy administration, and defense expenses. required in this Agreement shall be endorsed to state that coverage shall not be suspended, 5.1.2 With regard to the public liability voided, canceled, reduced in coverage or in policy, the Client, its officers, officials, limits except after thirty (30) days' prior employees and volunteers are to be covered written notice by certified mail, return receipt as insured as respects: liability arising out of requested, has been given to the Client. activities performed by or on behalf of the Current certification of such insurance shall Company; products and completed operations be kept on file at all times during the term of of Company, premises owned or used by the this agreement with the Client Clerk. Company. The endorsement providing this additional insured coverage shall be equal to 5.1.8 Acceptability of Insurers. Insurance is or broader than ISO Form CG 20 10 11 85 to be placed with insurers with a Best's rating and must cover joint negligence, completed of no less than A-:VII and authorized to do operations, and the acts of subcontractors. business in the State of California. This requirement does not apply to the 5 r - 5.1.9 Verification of Coverage. Upon execution of this Agreement, Company shall 6. MISCELLANEOUS. furnish the Client with certificates of Company may consult with other insurance and with original endorsements vendors as needed, and when authorized in effecting coverage required by this clause. advance in writing by Client, Client agrees to The certificates and endorsements for each pay the costs thereof. All expenditures will insurance policy are to be signed by a person be agreed upon before such consultation is authorized by that insurer to bind coverage on sought. its behalf. The certificates and endorsements are to be on forms approved by the Client. 6.1 Severability. Should any part of All certificates and endorsements are to be this Agreement for any reason be declared received and approved by the Client before invalid, such decision shall not affect the any work commences. The Client reserves validity of any remaining provisions, which the right to require complete, certified copies remaining provisions shall remain in full of all required insurance policies, at any time. force and effect as if this Agreement had been executed with the invalid portion thereof 5.1.10 Indemnification. To the fullest eliminated, and it is hereby declared the extent permitted by law but as limited by this intention of the parties that they would have Section, the Company shall save, keep and executed the remaining portion of this hold harmless indemnify and defend the Agreement without including any such part, Client, its officers, agent, employees and parts, or portions which may, for any reason, volunteers from all damages, liabilities, be hereafter declared invalid. Any provision penalties, costs, or expenses in law or equity, shall nevertheless remain in full force and including but not limited to attorneys' fees, effect in all other circumstances. that may at any time arise, result from, relate to, or be set up because of damages to 6.2 Modification and Waiver. Waiver property or personal injury received by reason of breach of this Agreement by either part of, or in the course of performing work which shall not be considered a waiver of any other may be occasioned by a willful or negligent subsequent breach. act or omissions of the Company, or any of the Company's officers, employees, or agents or any subconsultant. This provision shall not 6.3 Independent Contractor.. It is apply if the damage or injury is caused by the understood that the Company, in the sole negligence or willful misconduct of the performance of the work and services agreed Client, its officers, agents, employees, or to be performed, shall act as and be an volunteers. independent contractor and not an agent or employee of the Client. As an independent 5.2 Remedy. Client's exclusive remedy contractor,neither the Company nor any of its for any claim arising out of or relating to a officers or employees shall obtain any rights breach of this Agreement will be for the to retirement benefits or other benefits which Company, upon receipt of written notice, to accrue to Client employee(s). With prior use commercially reasonable efforts to cure, written consent, the Company may perform at its expense, the matter that gave rise to the some obligations under this Agreement by claim for which the Company is at fault, subcontracting, but may not delegate ultimate responsibility for performance or assign or 5.3 Survival. Articles 2, 4, 5, and 6 survive transfer interests under this Agreement. the expiration or termination of this Agreement for any reason. 6.4 Notices. Client shall give the 6 Company written notice within one hundred Client may withhold consent to assignment or eighty (180) days of obtaining knowledge of transfer without any cause whatsoever. the occurrence of any claim or cause of action which Client believes that it has, or may seek 6.6 Disputes. The Company and Client to assert or allege, against the Company, recognize that disputes arising under this whether such claim is based in law or equity, Agreement are best resolved at the working arising under or related to this Agreement or level by the parties directly involved. Both to the transactions contemplated hereby, or parties are encouraged to be imaginative in any act or omission to act by the Company designing mechanism and procedures to with respect hereto. If Client fails to give resolve disputes at this level. Such efforts such notice to the Company with regard to shall include the referral of any remaining any such claim or cause of action and shall issues in dispute to higher authority within not have brought legal action for such claim each participating party's organization for or cause of action within said time period, resolution. Failing resolution of conflicts at Client shall be deemed to have waived, and the organizational level, the Company and shall be forever barred from bringing or Client agree that any remaining conflicts asserting such claim or cause of action in any arising out of or relating to this Contract shall suit, action or proceeding in any court or be submitted to nonbinding mediation unless before any governmental agency or authority the Company and Client mutually agree or any arbitrator. All notices or other otherwise. If the dispute is not resolved communications hereunder shall be in writing through non-binding mediation, then the and shall be deemed given when delivered to parties may take other appropriate action the address specified below or such other subject to the other terms of this Agreement. address as may be specified in a written notice in accordance with this Section: 6.7 Section Headings. Title and headings of sections of this Agreement are for To Company: convenience of reference only and shall not affect the construction of any provision of this Agreement. To Client: 6.8 Representations; Counterparts. Chief of Police Each person executing this Agreement on Burlingame Police Department behalf of a party hereto represents and I 111 Trousdale Drive warrants that such person is duly and validly Burlingame, CA 94010 authorized to do so on behalf of such party, with full right and authority to execute this Any party may, by notice given in Agreement and to bind such party with accordance with this Section to the other respect to all of its obligations hereunder. parties, designate another address or person or This Agreement may be executed (by original entity for receipt of notices hereunder. or telecopied signature) in counterparts, each of which shall be deemed an original, but all 6.5 Assi nment. The Agreement is not of which taken together shall constitute but assignable or transferable by Client. This one and the same instrument. Agreement is not assignable or transferable by the Company without the written consent 6.9 Residuals. Nothing in this of Client, and the services to be provided Agreement or elsewhere will prohibit or limit hereunder are personal to the Company and the Company's ownership and use of ideas, concepts, know-how, methods, models, data, 7 techniques, skill knowledge and experience hereof This Agreement may only be that were used, developed or gained in amended by an agreement in writing executed connection with this Agreement. The by the parties hereto. This agreement will Company and Client shall each have the right remain in force for one year from the date of to use all data collected or generated under signing and can be renewed under mutual this Agreement. agreement of both parties. 6.10 Cooperation. Client will cooperate 6.14 Force Majeure. The Company with the Company in taking actions and shall not be responsible for delays or failures executing documents, as appropriate, to (including any delay by the Company to make achieve the objectives of this Agreement. progress in the prosecution of any Services) if Client agrees that the Company's performance such delay arises out of causes beyond its is dependent on Client's timely and effective control. Such causes may include, but are not cooperation with the Company. Accordingly, restricted to, acts of God or of the public Client acknowledges that any delay by Client enemy, fires, floods, epidemics, riots, may result in the Company being released quarantine restrictions, strikes, freight from an obligation or scheduled deadline or embargoes, earthquakes, electrical outages, in Client having to pay extra fees for the computer or communications failures, and Company's agreement to meet a specific severe weather, and acts or omissions of obligation or deadline despite the delay. subcontractors or third parties. 6.11 Governing Law and Construction. 6.15 Use By Third Parties. Work This Agreement will be governed by and performed by the Company pursuant to this construed in accordance with the laws of Agreement is only for the purpose intended California, without regard to the principles of and may be misleading if used in another conflicts of law. The language of this context. Client agrees not to use any Agreement shall be deemed to be the result of documents produced under this Agreement negotiation among the parties and their for anything other than the intended purpose respective counsel and shall not be construed without the Company's written permission. strictly for or against any party. This Agreement shall, therefore, not create any rights or benefits to parties other than to 6.12 Termination of Contract. This Client and the Company. contract may be terminated upon written notice delivered by either Client or Company not less than Ninety (90) days prior to the termination date. 6.13 Entire Agreement, Survival. This Agreement, including any Exhibits, states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between Client and the Company respecting the subject matter 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Date: CITY OF BURLINGAME By: Title: CAINE COMPUTER CONSULTING, LLC By: �'l I Title: Approved as to form: City Attorney 9 03/16/2009 14:10 4153333695 PAGE 01 PolicNo. EVANSTON INSURANCE COMPANY PrevyNo. NEW1218 MARKEL* Prod.No. 12488 DECLARATIONS- PROFESSIONAL LIABILITY INSURANCE FOR INFORMATION TECHNOLOGY PROFESSIONS Claims Made Policy: This policy is limited to liability for only those CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD. Please review the policy carefully. THIS POLICY CONTAINS PROVISIONS THAT REDUCE THE LIMITS OF LIABILITY STATED IN THE POLICY BY THE COSTS OF LEGAL DEFENSE AND PERMIT LEGAL DEFENSE COSTS TO BE APPLIED AGAINST THE DEDUCTIBLE 1. NAMED INSURED: CAINE COMPUTER CONSULTING,LLC 2. ADDRESS OF THE NAMED INSURED: 527 ANCHOR CIRCLE REDWOOD CITY,CA 94065 3. PROFESSIONAL SERVICES OF THE NAMED INSURED: Computer consulting and network system administration services for others for a fee 4. POLICY PERIOD: From May 1,2008 to May 1,2009 12:01 A.M.Standard Time at Address of Named Insured Stated Above 5. RETROACTIVE DATE: May 1,2008 6. LIMITS OF LIABILITY: Coverage A(Errors&Omissions Liability)-Each Claim: $ 500,000 Coverage B(Intellectual Property Right Infringement Liability)-Each Claim: $ 250,000 Policy Aggregate-Coverage A and Coverage B Combined: $ 500,000 7, DEDUCTIBLE: Each Claim: S 2,500 a. RATE: FLAT 9. PREMIUM: Minimum $ 1,4E0,00 Deposit $ 1,480.D0 10. PREMIUM OPTIONAL EXTENSION PERIOD: 150%of the annual premium as finally determined,plus applicable state tax,as provided in the OPTIONAL EXTENSION PERIOD section of the policy,to be paid only if the Insured meets the eligibility requirements and exercises the option.Such premium shall be deemed fully earned at the commencement of the Optional Extension Period. 11, ENDORSEMENTS ATTACHED AT POLICY INCEPTION; Broker fee$175.00 1.EIC 4115-01 25%Minimum Earned Premium Endorsemanlate tax $ 44.40 2.Z7-49001-05 'California Service of Suit Stamp fee S 1.85 Ta 21 $1,701,25 ALL CLAIMS TO BE REPORTED DIRECTLY TO Markel Shand,Inc. Ten Parkway North - Daerileld,Illlnols 60015 Phone:(847)572.8000,Fax(847)572-6338 Policy Form:EIC 4145 1199 Dec;EIC 4145 1199 AU'4Q4" oars Pd-wt May 22.Zoog Authorized Repre_�PftivQ 03!1612009 14:10 4153333695 PAGE 02 ,FARMERS INSURANCE EXCHANGE MEMBERS OF THE FARMERS INSU CE GROUP OF COMPANIES HOME OFFICE:4660 WILSHIRE BLVD.,LOS ANGELES,CALIFORNIA 90010 POLICY DECLARATIONS 1. RETAIL SERVICE - PRIMARY Named CAINE COMPUTER CONSULTING,LLC Insured CAINE, RONDA EasyPay Acct.No. Prod_Count Mailing 527 ANCHOR CIR Address PME 4557 96-58-302 60464-60-72 REDWOOD CITY CA 94065-1203 Agent No. Policy Number The named insured is an individual unless otherwise stated: ❑Partnership ❑Corporatlon ❑JoIM Verdure ❑Organization(Any other) Typeof6usiness COMPUTER PROG SERVIC Z.Policy Period from 04/21 /09 (not priorto time applied for)to 04/21/la 12:01 a.m.Standard Time If this policy replaces ego er cunrage that ends at noon standard time of the same day this policy begins, this policy will not take effect until the other coverage ends. This policy will eell6nme for successive policy periods as follows: If we elect to continue this insurance.we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums. rules and forms then in affect- 3. ffect3.Insured location same as mailing address unless otherwise stated: 4.We provide insurance only forthose coverages described below and for which a speck limit of insurance is shown. PROPERTY COVERAGES AND LIMITS OF INSURANCE COVERAGES PREM NO. 001 001 BUSINESS PERSONAL PROPERTY 85 300 PROPERTY DEDUCTIBLE 6500 Business Income (All Listed Pr raises) 18 months-Actual Loss. Sustained ADDITIONAL COVERAGES COVERAGE All Premises ' A& bamo1 E09 PAF sasFH•Eq C'aFavat nnGE 1 OF 1 03✓16/2009 14:10 4153333695 PAGE 03 COVERAGE EXTENSIONS - Optional Higher Limits of Insurance Per Occurrence COVERAGE All Premises ACCOUNTS RECEIVABLE $5,000 VALUABLE PAPERS $5,000 OFF PREMISES PERSONAL PROPERTY $5,000 OPTIONAL COVERAGES.We provide Insurance for those Optional Coverages described below, COVERAGE All Premises OUTDOOR SIGNS $2,500 EMPLOYEE DISHONESTY 95,000 5500 DEDUCTIBLE MONEY AND SECURITIES Ss,000 $500 DEDUCTIBLE LIABILITY AND MEDICAL PAYMENTS - Except for Flre Legal Liability, each paid claim for the following coverage reduces the amount of Insurance we provide during the applicable annual period. Please refer to Paragraph DA of the Liability Coverage Form, COVERAGE LIMITS OF INSURANCE LIABILITY S1,000,000 PER OCC/ $2,000,000 GEN AGG MEDICAL EXPENSES $5,000 PER PERSON TENANTS LIABILITY $75,000 PER OCCURRENCE Mortgane Holders, Premises No. o a e of erName .Address Countersigned By (Authorized Representative) MEW "t C58E1802 CAGE 2 OF 3 03/30/2009 10: 33 4153333695 PAGE 01 aC Rt3,, CERTIFICATE OF LIABILITY INSURANCEF-1/_40" °°9 PROOOCim - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ward Donnelly HOLDER- THIS CERTIFICATE DOES NQT AMEND, EXTEND OR 1 249 Geneva Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, San Fraincisco, CA 94112 INSURERS AFFORDING COVERAGE NAICJ asuRm nattae�A; Farmers Insurance Ex . Caine Computer Consulting , LLC 527 Anchor Cir , PMB #E557 C- Redwood Ci.ty , CA 94065 ���� alr..1:.4EP.E: COVERAGES THE POLIUE3 OF MSURPNCE L!a iW BELOW HAVE 33E-N tSSL1ED TO THE INSURED N NJM0 A80VE FOR il-lE POLICY Psq100 noicA ic6. NQPNCENSTAnDiNG ANY RECIMEMENT, TMT CR COMMON GF a"rr COKRRACT CR OTHER DOMMEN T WITH RESPECT TO WMCH THS CF"FIC47E MAY BE ISSMO OR MAY PERTAINL 771-F-INMVR KM AFFOPOED BY THE POLICIES DESCR OM 114EREIN IS SUBJECT TO ALL TWE TERMS.S(CLUSlONS AND COJCITIONS OF SUCH POLICIES,AGGREGATE LAM SHOWN MW}+AVE BEEN RMUM 9Y PNO CLAIMS. wit OI.JCY POMYNI IMR PA Lnum dMIULL1AN1.7V - EACHLGZIMI!NCE s1 000 000 A x N CMTACIALIDeRA .L{AEMJTf 604646072 4 / 21 / 08 4 / 21 / 09 pTmz&a ToFew"C LL....WE 71aeeuR 4 / 21 / 09 4/21 / 10 vzoEXP fcm wn s. PEIR=T&%LsADVmJVRY s GeNe IALA.447=B TE I.2 6 6 6 0 0 C.�NLAE�•I�6ATL L114T APFUES FEC ARJOUC76-CalIP.'OPAOG S not) P-Q60 POL9LY LOC AUTO0.1C@MXVAVLITY :ONSINED 36ttdLLI1d17 9 ANY AIfTO {es 7altleHl ALL CWNW AUTW AOOILYINJURY S ZI=WZ'DIILEDAU:JS IPetpl tm) -4V EP AUTW,. 9GOILYMJV7T s YO%LKA'�O AUT'= {D9t?CcvJHl1I PR7FOlTY�.1ANyGE } (.+a attlt@ III GARAQF uOumfly AV70 ONLY-EA ACCIOMgT S ANY ALTO OTt--"it AN EAACC I ALT7:)CMT: A6G S ■IGPSS1l1f.1BAELL4 LfA8R.1TY EACH=URRENCE b OCCUR CLAVAS MADE AOGAROATE I S DeZUCI1BLE - S RETBYTION 5 I C 57AZt NOR7RL7tS COl/7ET194TION AND 9mL078i�1IAH911'! EL.EACH AC-=ENT S AN;IP LtlTAIE C4-TimnvEMA2XCv 0E--" '1.DI'eAS[--!A eA33I.CT-54 I R mcome VIGEA L�.L,OIS^J5E•PCVC`LMr S oTHOI c)naaPTMO DP OKRA=PC I LCCA71CWt I•JEH►CLES I ENCLLMOMb ADO EO tstr ErvoRte►IeHr t evEeIAL vRovlstol+s the City of Burlingame , its officers , employees , agents and volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ACOVE OESCMINED POLICIES RC CBMCELL:D BEFOPETHE F]19PIWT10N City of Burlingame DAM VIER Mt. rME ISSUING INSURM WILL. ERORAVOR TO MARS 0 DAYS- YmmmJe'. 501 Primrose Rd NOTICE TO TME MITIIFCCATE HMDeR►L111lO to BUT FAILUM M DO So SMALL., Bur 1 i n ga m e , CA 94010 IMPOSE IND OAUGATION OR LIA6ILITY aF ARY o a R TME auuRER. Rs AGPITS CR REPRESefRATIVE7, AWWORM REYRE5,ENTAT112 ACORC 26 (24011981RD f ORPORATION IM ACORDn provided by Fortes Boas. www•FarmSBoes.WM; (c) Impressive Pu611SNing 8D0-Z 1977, 03/30/2009 10;33 4153333695 PAGE 02- THIS 2THIS ENDORSEMENT CMAWGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED ---- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsomenk m3difiot insurance provided under the following! C0MMERCt4L GENERAL LIABILITY COVERAGE PART. Policy # 604646072 SCHEDULE Name of Person or I)rgnnt=lon: the City of. Burlingame,'its officers,employees,agents and volunteers (If no entry appears above, informaUan requfrnd to corhplete this'endorsernem will be shown in the Daclaravons as applicoNe to this endersement.) M-10 IS AN INSURED (Section TO is amended to include as an insured the person or organization shown In the Schedule, but only with respect to liability arising out of'yourwork`for that insured by or for you. PRIMARY INSURANCE Such Insurantu as Is zifforded by the general liability policy Is primary Insurance and no other insurance of the additional insured will be called upon to contribute to a loss. CG 20 la 11 85 Copyright, Insurance Somicec office, Inc.. 1984 r,. CITY ,� STAFF REPORT BURLINGAME AGENDA ITEM# 8j MTG. OQ�FATEU JUNE 6'9 DATE 6/15/09 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMI E BY DATE: June 5, 2009 / APPROVED FROM: Mary Ellen Kearney, City Clerk By 650-558-7203 SUBJECT: Request direction on whether to cancel the Regular Council Meeting scheduled for August 3, 2009 RECOMMENDATION: Request that Council direct staff on whether to cancel the August 3, 2009 Council meeting. In the past, due to summer vacations, this meeting has been cancelled. EXHIBITS• None 1 I 1 Accounts Payable $1,917,273.16 Ck. No. 39843-40349 $1,913,294.56 Visa Pmts C1001-C1005 $3,978.60 RECOMMENDED FOR PAYMENT APPROVED FOR PAYMENT Payroll for May 2009 $3,786,080.71 Ck.No. 174203- 174453 Note:3 pay periods in May INCLUDES ELECTRONIC FUNDS TRANSFERS PERS HEALTH PERS RETIREMENT FEDERAL 941 TAX STATE DISABILITY TAX STATE INCOME TAX PERS&ICMA DEFERRED COMP m SECTION 125 DEDUCTION 3 3 n as o m h O S:\FINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS CITY OF BURLINGAME 06-04- 2009 W A R R A N T R E G I S T E R PAGE 10 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 119, 323 . 56 PAYROLL REVOLVING FUND 130 10 , 306. 11 CENTRAL COUNTY FIRE 201 17, 818. 60 CAPITAL IMPROVEMENTS FUND 320 211 , 137. 94 WATER CAPITAL PROJECT FUND 326 6, 660 . 00 SEWER CAPITAL PROJECT FUND 327 25 , 305 . 94 WATER FUND 526 3 , 468. 13 SEWER FUND 527 125 , 928 .59 SOLID WASTE FUND 528 7, 943 . 75 PARKING ENTERPRISE FUND 530 2, 222 . 66 BUILDING ENTERPRISE FUND 531 18, 701 . 09 SELF INSURANCE FUND 618 6,872 .43 FACILITIES SERVICES FUND 619 2, 988 .68 EQUIPMENT SERVICES FUND 620 2, 114 .32 INFORMATION SERVICES FUND 621 764 . 02 FIRE MECHANIC SERVICES FUND 625 225 .93 OTHER LOCAL GRANTS/DONATIONS 730 825 . 22 TRUST AND AGENCY FUND 731 410 . 00 PUBLIC TV ACCESS FUND 738 846 . 06 UTILITY REVOLVING FUND 896 38,317.60 TOTAL FOR APPROVAL $602 , 180 . 63 von Vojj3 4L) votD HONORABLE MAYOR AND CITY COUNCIL : THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 10 INCLUSIVE , AND/OR CLAIMS NUMBERED FROM 40231 THROUGH C1005 INCLUSIVE , TOTALING IN THE AMOUNT OF $602, 180 .63, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS , AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON . RESPECTFULLY SUBMITTED , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . ./ . . . FINANCE DIRECTOR DATE APPROVED FOR PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . ./ . . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40344 GREGORY CHEW 29589 75.00 MISCELLANEOUS 75.00 101 22593 40345 RENEE LAU 29590 100.00 MISCELLANEOUS 100.00 101 22593 40346 JEFF RIDDLE 29591 100.00 MISCELLANEOUS 100.00 101 22593 40347 VIDA POPVICH 29592 59.00 MISCELLANEOUS 59.00 101 36330 000 1521 40348 MARIANNE SILVA 29593 118.00 MISCELLANEOUS 118.00 101 36330 000 1521 40349 ANN WALTERS 29594 59.00 MISCELLANEOUS 59.00 101 36330 000 1521 C1001 PIP PRINTING 10620 273.13 OFFICE EXPENSE 273.13 101 68020 110 2100 C1002 BURTON'S FIRE, INC. 19366 225.93 FIRE APPARATUS MAINT. 225.93 625 65213 203 C1003 CDW GOVERNMENT, INC. 21482 50.50 MISCELLANEOUS 50.50 101 68020 192 2200 C1004 DU-ALL SAFETY 21613 2,468.75 TRAINING EXPENSE 1,646.75 526 69020 260 TRAINING EXPENSE 822.00 527 66520 260 C1005 TES 25256 960.29 SUPPLIES 960.29 620 15000 TOTAL $602,180.63 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40329 LORENA CRISTERNA 29564 300.00 MISCELLANEOUS 300.00 101 22593 40330 MARIA VEROY 29565 410.00 MISCELLANEOUS 300.00 101 22593 MISCELLANEOUS 110.00 101 36330 000 1213 40331 DARYL LUEY 29566 75.00 MISCELLANEOUS 75.00 101 22593 40332 MEAVE FALLON 29567 75.00 MISCELLANEOUS 75.00 101 22593 40333 TERESA DE PADUA 29568 50.00 MISCELLANEOUS 50.00 101 22593 40334 IDA YOUNG 29569 50.00 MISCELLANEOUS 50.00 101 22593 40335 ARAM PARONYAN 29570 75.00 MISCELLANEOUS 75.00 101 22593 40336 BLAKE MCCONNELL 29571 50.00 MISCELLANEOUS 50.00 101 22593 40337 OUR LADY OF ANGLES 29572 75.00 MISCELLANEOUS 75.00 101 22593 40338 PUTNAM AUTOMOTIVE 29582 1,250.00 MISCELLANEOUS 800.00 101 22525 MISCELLANEOUS 450.00 101 36630 40339 SEWER EQUIPMENT CO OF AMERICA 29583 220.63 SUPPLIES 220.63 620 15000 40340 AMERICAN HOME RENEWAL INC 29584 192.48 MISCELLANEOUS 192.48 531 31510 40341 PHILIP HUI 29585 300.00 DEPOSIT REFUNDS 300.00 101 22520 40342 ANN NIP 29587 75.00 MISCELLANEOUS 75.00 101 22593 40343 ROSALYN LUM 29588 100.00 MISCELLANEOUS 100.00 101 22593 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40316 GMPCS PERSONAL COMMUNICATIONS IN 28941 4.95 MISC. SUPPLIES 4.95 201 65500 120 40317 DOROTHY SHAFER 29017 54.00 MISCELLANEOUS 54.00 101 36330 000 1521 40318 JARVIS, FAY, DOPORTO & GIBSON LL 29025 78.59 PROFESSIONAL & SPECIALIZED S 78.59 101 64350 210 40319 LAWYERS FOR CLEAN WATER ATTORNEY 29030 125,000.00 PROFESSIONAL & SPECIALIZED S 125,000.00 527 66520 210 40320 PACIFIC MAINTENANCE COMPANY 29145 2,466.74 CONTRACTUAL SERVICES 534.94 619 64460 220 5190 CONTRACTUAL SERVICES 260.28 619 64460 220 5130 CONTRACTUAL SERVICES 72.04 619 64460 220 5121 CONTRACTUAL SERVICES 164.28 619 64460 220 5110 CONTRACTUAL SERVICES 166.08 619 64460 220 5170 CONTRACTUAL SERVICES 298.56 619 64460 220 5240 CONTRACTUAL SERVICES 96.66 619 64460 220 5210 CONTRACTUAL SERVICES 873.90 619 64460 220 5180 40321 QUALITY DENT REPAIR 29149 100.00 MISCELLANEOUS 100.00 618 64520 604 40322 STEVEN'S BAY AREA DIESEL SERVICE 29162 144.45 FIRE APPARATUS MAINT. 144.45 201 65200 203 40323 HEIDI VARIAN 29173 228.75 CONTRACTUAL SERVICES 228.75 101 68010 220 1349 40324 MARK MAllA 29212 650.00 TRAINING EXPENSE 650.00 201 65200 260 40325 COLE SUPPLY CO INC 29293 743.75 MISC. SUPPLIES 743.75 201 65200 111 40326 MARY JO LAFAYE 29328 100.00 MISCELLANEOUS 100.00 101 22593 40327 RICOH AMERICAS CORPORATION 29354 881.14 CONTRACTUAL SERVICES 783.03 101 65100 220 CONTRACTUAL SERVICES 98.11 101 65150 220 40328 PAM DONKIN 29486 7,833.00 CONTRACTUAL SERVICES 7,833.00 101 68010 220 1331 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40300 AT&T MOBILITY 27724 285.98 COMMUNICATIONS 285.98 201 65200 160 40301 AT&T MOBILITY 27725 110.98 COMMUNICATIONS 110.98 201 65200 160 40302 AT&T MOBILITY 27744 69.12 COMMUNICATIONS 69.12 101 65100 160 40303 AT&T MOBILITY 27763 108.37 COMMUNICATIONS 108.37 201 65200 160 40304 PRE PAID LEGAL SERVICES INC 27801 67.75 MISCELLANEOUS 67.75 130 21019 40305 A+ SPANISH ACADEMY 27960 353.60 CONTRACTUAL SERVICES 353.60 101 68010 220 1349 40306 STANDARD INSURANCE COMPANY 28021 3,188.80 EMPLOYEE BENEFITS 3,188.80 130 20021 40307 LYNNE VITERO 28082 594.75 CONTRACTUAL SERVICES 594.75 101 68010 220 1349 40308 COMMUNITY SCHOOL OF MUSIC AND AR 28091 504.00 CONTRACTUAL SERVICES 504.00 101 68010 220 1349 40309 GRANICUS, INC 28105 846.06 CONTRACTUAL SERVICES 846.06 738 64580 220 40310 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 68.35 PUMP EQUIPMENT REPAIR 68.35 527 66520 230 40311 AT&T MOBILITY 28264 114.96 COMMUNICATIONS 114.96 619 64460 160 40312 RENEE NAVARRO 28378 267.00 MISCELLANEOUS 267.00 101 36330 000 1370 40313 CAINE COMPUTER CONSULTING 28458 9,551.52 PROFESSIONAL & SPECIALIZED S 9,551.52 101 65100 210 40314 JOINT VENTURE SILICON VALLEY NET 28633 1,000.00 OFFICE EXPENSE 1,000.00 528 66600 110 40315 KIM FIRENZE 28682 102.00 MISCELLANEOUS 102.00 101 36330 000 1781 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40285 DIANE SILVEN 26422 2,135.00 CONTRACTUAL SERVICES 2,135.00 101 68010 220 1349 40286 NATIONAL IMPRINT CORP 26505 158.10 MISC. SUPPLIES 158.10 101 65100 120 40287 SFPUC WATER DEPARTMENT 26633 1,345.20 MISCELLANEOUS EXPENSE 1,345.20 526 69020 290 40288 CALIFORNIA SUPPLY NORTH, INC. 26716 119.91 BLDG. & GROUNDS MAINT. 119.91 101 67500 190 40289 SKYLINE BUSINESS PRODUCTS 26825 265.83 OFFICE EXPENSE 4.41 101 64420 110 OFFICE EXPENSE 4.41 101 64150 110 OFFICE EXPENSE 85.83 101 64350 110 OFFICE EXPENSE 171.18 526 69020 110 40290 BUREAU VERITAS 26854 18,427.63 CONTRACTUAL SERVICES 18,427.63 531 65300 220 40291 JOHN RODDY 27294 300.00 MISCELLANEOUS 300.00 101 22593 40292 ROSEMARIE SCHUBERT 27361 54.00 MISCELLANEOUS 54.00 101 36330 000 1521 40293 PATRICIA KENNELLY 27429 2,210.00 CONTRACTUAL SERVICES 2,210.00 101 68010 220 1349 40294 PRECISE PRODUCTIONS 27443 225.00 CONTRACTUAL SERVICES 225.00 730 69533 220 40295 AT&T MOBILITY 27559 149.88 COMMUNICATIONS 149.88 101 67500 160 40296 LOOMIS 27594 2,679.50 BANKING SERVICE FEES 500.00 101 64250 120 MISC. SUPPLIES 2,179.50 530 65400 120 40297 EPC CONSULTANTS 27676 1,211.93 PROFESSIONAL & SPECIALIZED S 1,211.93 320 82020 210 40298 AT&T MOBILITY 27714 66.36 COMMUNICATIONS 66.36 101 64150 160 40299 AT&T MOBILITY 27722 43.16 COMMUNICATIONS 43.16 530 65400 160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40269 CENTRAL COUNTY FIREFIGHTERS FUND 24519 97.50 MISCELLANEOUS 97.50 130 20080 40270 BURLINGAME POLICE ADMINISTRATION 24520 160.00 MISCELLANEOUS 160.00 130 20024 40271 BURLINGAME POLICE OFFICERS ASSN 24521 620.00 MISCELLANEOUS 620.00 130 20024 40272 C.L.E.A. 24523 507.00 MISCELLANEOUS 175.50 130 20027 MISCELLANEOUS 331.50 130 20026 40273 STANDARD INSURANCE CO. RB 24525 1,037.65 MISCELLANEOUS 1,037.65 130 20025 40274 TEAMSTERS #856 24526 484.62 UNION DUES 484.62 130 21091 40275 TEAMSTERS UNION LOCAL 856 24528 320.60 MISCELLANEOUS 320.60 130 21092 40276 BARTEL ASSOCIATES LLC 24574 3,875.00 PROFESSIONAL & SPECIALIZED S 3,875.00 101 64560 210 40277 UNIQUE MANAGEMENT SERVICES, INC. 24602 187.95 MISCELLANEOUS 187.95 101 36320 40278 AETNA 24760 3,822.19 EMPLOYEE BENEFITS 3,822.19 130 20022 40279 CATHY FOXHOVEN 25088 2,535.00 CONTRACTUAL SERVICES 2,535.00 101 68010 220 1349 40280 SSFFD CTC 25376 360.00 MISCELLANEOUS 360.00 731 22554 40281 LARISA YAGLONITSER 25517 658.00 CONTRACTUAL SERVICES 658.00 101 68010 220 1349 40282 HASLER FINANCIAL SERVICES, LLC 25852 516.26 CITY HALL MAINTENANCE 516.26 621 64450 200 40283 FEDEX OFFICE 26021 80.98 MISC. SUPPLIES 80.98 531 65300 120 40284 VISION INTERNET PROVIDERS INC 26294 200.00 COMMUNICATIONS 200.00 621 64450 160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40255 DAPPER TIRE CO., INC. 20464 716.54 SUPPLIES 716.54 620 15000 40256 LYNX TECHNOLOGIES 20501 1,640.00 PROFESSIONAL & SPECIALIZED S 1,640.00 326 75170 210 40257 CEB 21210 161.88 MISC. SUPPLIES 161.88 101 64350 120 40258 BROWN & CALDWELL 21507 25,305.94 PROFESSIONAL & SPECIALIZED S 25,305.94 327 82240 210 40259 CSG CONSULTANTS 22465 10,458.75 MISCELLANEOUS 2,755.00 201 35220 000 7100 MISCELLANEOUS 760.00 201 35221 000 7100 PROFESSIONAL & SPECIALIZED S 6,943.75 528 66600 210 40260 BURLINGAME GOLF CENTER 22582 1,019.74 GAS & ELECTRIC 1,019.74 101 68010 170 1286 40261 JIM DELIA 22657 100.00 MISCELLANEOUS 100.00 101 22593 40262 A&B TRAILER HITCH CO. 22998 111.44 EQUIPMENT MAINT. 111.44 101 68020 200 2200 40263 CYBERNET CONSULTING, INC. 23234 3,270.00 PROFESSIONAL & SPECIALIZED S 3,270.00 326 80910 210 40264 CRESCO EQUIPMENT RENTALS 23470 141.48 STREET RESURFACING EXPENSE 103.24 101 66210 226 SMALL TOOLS 38.24 527 66520 130 40265 ERLER AND KALINOWSKI,INC. 23531 1,845.00 CONTRACTUAL SERVICES 1,845.00 320 80520 220 40266 AT&T 23661 47.76 COMMUNICATIONS 47.76 621 64450 160 40267 THE MARLIN COMPANY 23712 916.65 TRAINING EXPENSE 306.65 101 66210 260 TRAINING EXPENSE 305.00 526 69020 260 TRAINING EXPENSE 305.00 619 64460 260 40268 AT&T/MCI 23728 57.63 COMMUNICATIONS 57.42 101 65100 160 COMMUNICATIONS 0.21 201 65200 160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40244 CHIEF DON DORNELL 11568 730.83 OFFICE EXPENSE 58.72 201 65200 110 MISC. SUPPLIES 16.38 201 65200 111 MISC. SUPPLIES 3.90 201 65200 120 SMALL TOOLS 4.57 201 65200 130 MISCELLANEOUS 385.52 201 65200 132 DUES & SUBSCRIPTIONS 65.00 201 65200 240 TRAVEL & MEETINGS 60.00 201 65200 250 TRAINING EXPENSE -70.50 201 65500 260 TRAINING EXPENSE 157.24 201 65200 260 MISCELLANEOUS 50.00 731 22554 40245 BURLINGAME SCHOOL DISTRICT 11695 26,823.60 MISCELLANEOUS 12,980.90 101 36330 000 1349 MISCELLANEOUS 7,016.70 101 36330 000 1781 MISCELLANEOUS 783.00 101 36330 000 1331 MISCELLANEOUS 3,397.80 101 36330 000 1646 MISCELLANEOUS 2,645.20 101 36330 000 1780 40246 BURLINGAME POLICE DEPT 13720 642.50 MISC. SUPPLIES 54.50 101 65100 120 COMMUNICATIONS 120.00 101 65100 160 TRAINING EXPENSE 468.00 101 65100 260 40247 HDL COREN&CONE 14750 1,759.66 MISCELLANEOUS 1,759.66 101 30400 40248 SHERWIN-WILLIAMS 17224 18.46 MISC. SUPPLIES 18.46 619 64460 120 5130 40249 LEE & ASSOCIATES 17568 25.00 TRAINING EXPENSE 25.00 201 65200 260 40250 TOWN OF HILLSBOROUGH 18419 11,309.79 MISCELLANEOUS 11,309.79 201 35212 40251 TABOR'S SHOOTERS SUPPLY INC 18442 191.19 EQUIPMENT MAINT. 191.19 101 65100 200 40252 LIEBERT CASSIDY WHITMORE 19095 135.00 PROFESSIONAL & SPECIALIZED S 135.00 101 64350 210 40253 ARROWHEAD MOUNTAIN SPRING WATER 19330 56.35 OFFICE EXPENSE 56.35 101 64250 110 40254 CREATIVE INTERCONNECT 19768 228.36 CONTRACTUAL SERVICES 228.36 201 65200 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 06/04/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40231 BURLINGAME ELEM. SCHOOL DIST. 01500 1,750.00 MISC. SUPPLIES 1,750.00 326 80910 120 40232 BURLINGAME CHAMBER OF COMMERCE 01637 2,514.92 CONTRACTUAL SERVICES 2,514.92 101 64560 220 40233 LEAGUE OF CALIFORNIA CITIES 01745 210.00 MISC. SUPPLIES 210.00 101 64350 120 40234 L. N. CURTIS & SONS 02027 10.93 SMALL TOOLS 10.93 201 65200 130 40235 W.W. GRAINGER, INC. 02248 263.80 MISC. SUPPLIES 83.52 619 64460 120 SMALL TOOLS 180.28 620 66700 130 40236 GRANITE ROCK COMPANY 02261 209,177.12 MISC. SUPPLIES 1,096.11 101 66210 120 MISCELLANEOUS -23,120.11 320 20005 CONTRACTUAL SERVICES 231,201.12 320 82020 220 40237 P. G. & E. 03054 57,297.53 GAS & ELECTRIC 18,979.93 101 66100 170 UTILITY EXPENSE 38,317.60 896 20280 40238 SAN MATEO UNION HIGH 03471 21,275.43 CONTRACTUAL SERVICES 21,275.43 101 68010 220 1286 40239 BURLINGAME REC. DEPT./PETTY CASH 03910 632.55 MISC. SUPPLIES 16.33 101 68010 120 1330 CONTRACTUAL SERVICES 16.00 101 68010 220 1212 MISC. SUPPLIES 600.22 730 69583 120 40240 CITY OF MILLBRAE 09234 4,250.22 PROFESSIONAL & SPECIALIZED S 4,250.22 101 64350 210 40241 ABAG - LIABILITY 09518 6,772.43 CLAIMS PAYMENTS 6,772.43 618 64520 601 40242 BERNARD EDWARDS 09548 2,115.00 CONTRACTUAL SERVICES 2,115.00 101 68010 220 1762 40243 OLE'S 09626 36.58 SUPPLIES 36.58 620 15000 1 ' CITY OF BURLINGAME 05-29-2009 W A R R A N T R E G I S T E R PAGE 8 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 68,083.71 PAYROLL REVOLVING FUND 130 8,993.54 CENTRAL COUNTY FIRE 201 3,699.14 CAPITAL IMPROVEMENTS FUND 320 14,123.53 WATER CAPITAL PROJECT FUND 326 70,402.58 SEWER CAPITAL PROJECT FUND 327 28,692.16 WATER FUND 526 9,796.18 SEWER FUND 527 1,981.05 BUILDING ENTERPRISE FUND 531 16,337.50 FACILITIES SERVICES FUND 619 1,500.15 EQUIPMENT SERVICES FUND 620 825.47 INFORMATION SERVICES FUND 621 459.14 FIRE MECHANIC SERVICES FUND 625 10.96 TRUST AND AGENCY FUND 731 174,459.58 BURLINGAME TRAIN SHUTTLE PROGRAM 736 23,791.24 PUBLIC TV ACCESS FUND 738 2,860.00 TOTAL FOR APPROVAL $426,015.93 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 8 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 40131 THROUGH 40230 INCLUSIVE,TOTALING IN THE AMOUNT OF $426,015.93, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40220 NSCDA-CA 29562 96.00 MISC. SUPPLIES 96.00 101 68010 120 1521 40221 JAINAND NARAYANAN 29563 300.00 DEPOSIT REFUNDS 300.00 101 22520 40222 ALLEN CUNEO 29573 100.00 MISCELLANEOUS 100.00 101 30730 40223 CONSONUM INC 29574 100.00 MISCELLANEOUS 100.00 101 30730 40224 ELAN EXPRESS INC 29575 75.00 MISCELLANEOUS 75.00 101 30730 40225 CHUCK TERPO PIANO SERVICE 29576 100.00 MISCELLANEOUS 100.00 101 30730 40226 JAMES SANDERS 29577 25.00 MISCELLANEOUS 25.00 101 30730 40227 PHYLLIS DULANEY 29578 37.50 MISCELLANEOUS 37.50 101 30730 40228 CLEAN ADVANTAGE LLC 29579 93.75 MISCELLANEOUS 93.75 101 30730 40229 PATRICK FELLOWS 29580 3,767.44 MISCELLANEOUS 3,767.44 526 36730 40230 RIKKY ROBERTS 29581 860.00 DEPOSIT REFUNDS 860.00 101 22520 TOTAL $426,015.93 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40204 ERIK KYSER 29302 732.00 CONTRACTUAL SERVICES 732.00 101 68010 220 1370 40205 GIVE SOMETHING BACK 29412 50.22 OFFICE EXPENSE 50.22 101 68010 110 1101 40206 WEST GOVERNMENT SERVICES 29451 250.00 CONTRACTUAL SERVICES 250.00 101 65100 220 40207 PAM DONKIN 29486 7,833.00 CONTRACTUAL SERVICES 7,833.00 101 68010 220 1331 40208 MV TRANSPORTATION INC 29495 520.00 MISC. SUPPLIES 520.00 101 68010 120 1521 40209 508 PENINSULA DEVELOPMENT 29500 9,587.50 MISCELLANEOUS 9,587.50 531 22546 40210 GCS ENVIRONMENTAL EQUIPMENT SERV 29501 206.57 SUPPLIES 206.57 620 15000 40211 HILL'S POOL SERVICE INC 29525 95.05 BLDG. & GROUNDS MAINT. 95.05 101 68010 190 1114 40212 HUGO ERICK TREVINO 29526 325.00 MISCELLANEOUS 325.00 101 37010 40213 BAYWORKS 29527 1,350.00 MISCELLANEOUS 1,350.00 531 22546 40214 JIM JAWORSKI 29528 1,250.00 MISCELLANEOUS 450.00 101 36630 MISCELLANEOUS 800.00 101 22525 40215 GORDON BROOKS 29529 3,000.00 MISCELLANEOUS 3,000.00 531 22546 40216 G.K. BUILDERS 29530 4,500.00 DEPOSIT REFUNDS 4,500.00 101 22520 40217 JENNIFER TUCKER 29559 1,200.00 CONTRACTUAL SERVICES 1,200.00 101 68010 220 1891 40218 MCMOR CHLORINATION INC 29560 1,034.00 MISC. SUPPLIES 1,034.00 326 82220 120 40219 SCOTT WHITTAKER 29561 1,000.00 MISCELLANEOUS 1,000.00 731 22554 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40189 QUALITY CODE PUBLISHING 26420 972.09 OFFICE EXPENSE 972.09 101 64200 110 40190 CEMEX 26506 291.72 MISC. SUPPLIES 291.72 101 66210 120 40191 MIKE ADAM 26517 370.00 CONTRACTUAL SERVICES 370.00 101 68010 220 1788 40192 CALIFORNIA SUPPLY NORTH, INC. 26716 652.95 BLDG. & GROUNDS MAINT. 652.95 101 67500 190 40193 COUNTY OF SAN MATEO 27057 1,565.00 TRAINING EXPENSE 1,565.00 101 64420 262 40194 HERMAN BARAHONA 27169 722.00 TRAINING EXPENSE 722.00 201 65200 260 40195 4 LEAF INC 27948 3,775.50 PROFESSIONAL & SPECIALIZED S 3,775.50 327 81800 210 40196 A+ SPANISH ACADEMY 27960 528.00 CONTRACTUAL SERVICES 528.00 101 68010 220 1331 40197 MICHAEL ADAM 28008 836.00 CONTRACTUAL SERVICES 836.00 101 68010 220 1788 40198 CINTAS FIRE PROTECTION 28124 650.00 PROFESSIONAL & SPECIALIZED S 650.00 619 64460 210 5180 40199 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 773.03 PUMP EQUIPMENT REPAIR 338.78 527 66520 230 MISC. SUPPLIES 253.99 619 64460 120 5250 MISC. SUPPLIES 180.26 619 64460 120 5120 40200 PENINSULA CHAPTER ICC 28829 30.00 MISC. SUPPLIES 30.00 531 65300 120 40201 MUNICIPAL AUDITING SERVICES 28938 5,201.88 BUSINESS LICENSE REFUND 5,201.88 101 22503 40202 MATTHEW LUHN 28940 653.25 CONTRACTUAL SERVICES 653.25 101 68010 220 1646 40203 GANTRY CONSTRUCTION 29144 24,916.66 PROFESSIONAL & SPECIALIZED S 24,916.66 327 81360 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40175 BANK OF AMERICA 23711 8,813.90 MISCELLANEOUS 8,813.90 101 32100 40176 KEITH MARTIN 23788 50.89 MISC. SUPPLIES 8.00 101 66210 120 OFFICE EXPENSE 34.89 526 69020 110 TRAVEL & MEETINGS 8.00 620 66700 250 40177 NEXTEL COMMUNICATIONS 23946 755.85 CONTRACTUAL SERVICES 755.85 101 65100 220 40178 WINZLER & KELLY CONSULTING ENGIN 23992 1,721.89 PROFESSIONAL & SPECIALIZED S 1,721.89 320 79410 210 40179 C.F. ARCHIBALD 24094 4,164.04 CONTRACTUAL SERVICES 4,164.04 320 81580 220 40180 METCALF & EDDY INC 24445 24,397.54 CONTRACTUAL SERVICES 24,397.54 326 80910 220 40181 KENNEDY/JENKS CONSULTANTS 24570 27,002.75 PROFESSIONAL & SPECIALIZED S 568.75 326 81180 210 PROFESSIONAL & SPECIALIZED S 26,434.00 326 82220 210 40182 DELTA DENTAL PLAN OF CALIFORNIA 24793 8,993.54 EMPLOYEE BENEFITS 8,993.54 130 20014 40183 CATHY FOXHOVEN 25088 1,733.50 CONTRACTUAL SERVICES 705.75 101 68010 220 1644 CONTRACTUAL SERVICES 992.75 101 68010 220 1646 CONTRACTUAL SERVICES 35.00 101 68010 220 1644 40184 OFFICE DEPOT 25224 708.95 OFFICE EXPENSE -1.16 201 65200 110 TRAINING EXPENSE 710.11 201 65200 260 40185 ROCHE GEORGE 25323 300.00 CONTRACTUAL SERVICES 300.00 101 68010 220 1788 40186 ROB MICHELI 25681 330.00 CONTRACTUAL SERVICES 330.00 101 68010 220 1788 40187 TOM MONTROSS 25723 60.00 CONTRACTUAL SERVICES 60.00 101 68010 220 1788 40188 GILL YEE 25824 660.00 MISCELLANEOUS 660.00 101 36630 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40161 LEE THOMPSON 21177 2,860.00 CONTRACTUAL SERVICES 2,860.00 738 64580 220 40162 SPARTAN TOOL LLC 21329 962.27 PUMP EQUIPMENT REPAIR 962.27 527 66520 230 40163 BILL LINDSELL 21548 2,370.00 MISCELLANEOUS 2,370.00 531 22546 40164 TOWNE FORD SALES, INC. 22146 610.90 SUPPLIES 610.90 620 15000 40165 R&B COMPANY 22178 317.57 MISC. SUPPLIES 317.57 526 69020 120 40166 TECHNOLOGY,ENGINEERING & CONSTRU 22435 400.00 GAS, OIL & GREASE 400.00 101 65100 201 40167 PARKING COMPANY OF AMERICA 22500 23,791.24 CONTRACTUAL SERVICES 8,370.56 736 64572 220 CONTRACTUAL SERVICES 15,420.68 736 64571 220 40168 JOHN KAMMEYER 22612 526.50 TRAINING EXPENSE 526.50 201 65200 260 40169 ALLIED IRON CO. 22855 4.91 MISC. SUPPLIES 4.91 619 64460 120 5240 40170 CYBERNET CONSULTING, INC. 23234 17,968.29 PROFESSIONAL & SPECIALIZED S 17,968.29 326 80910 210 40171 OFFICE MAX 23306 489.46 OFFICE EXPENSE 7.74 101 64400 110 OFFICE EXPENSE 22.01 101 64250 110 OFFICE EXPENSE 124.33 201 65200 110 OFFICE EXPENSE 335.38 621 64450 110 40172 ICE CENTER OF SAN MATEO 23512 291.20 CONTRACTUAL SERVICES 291.20 101 68010 220 1762 40173 BANK OF NEW YORK 23553 2,000.00 BANK TRUSTEE SERVICES 1,320.00 526 69020 763 BANK TRUSTEE SERVICES 680.00 527 66520 763 40174 REFRIGERATION SUPPLIES DISTRIBUT 23639 410.99 MISC. SUPPLIES 410.99 619 64460 120 5130 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40146 PENINSULA SPORTS OFFICIALS 15711 4,056.00 CONTRACTUAL SERVICES 4,056.00 101 68010 220 1787 40147 LINDA HOECK 16390 1,786.00 CONTRACTUAL SERVICES 1,786.00 101 68010 220 1349 40148 GOLDEN NURSERY 17128 144.51 MISC. SUPPLIES 144.51 526 69020 120 40149 COLORPRINT 17497 99.05 OFFICE EXPENSE 99.05 101 64420 110 40150 HI-TECH EMERGENCY VEHICLE 17546 10.96 FIRE APPARATUS MAINT. 10.96 625 65213 203 40151 ICMA MEMBERSHIP RENEWALS 18050 1,400.00 DUES & SUBSCRIPTIONS 1,400.00 101 64150 240 40152 DEESIGNS 18388 3,204.20 MISC. SUPPLIES 3,204.20 526 69020 120 40153 CECIL H. WELLS JR & 18403 8,237.60 PROFESSIONAL & SPECIALIZED S 8,237.60 320 82370 210 40154 ARROWHEAD MOUNTAIN SPRING WATER 19330 560.03 MISC. SUPPLIES 398.82 201 65200 111 MISC. SUPPLIES 37.45 526 69020 120 OFFICE EXPENSE 123.76 621 64450 110 40155 BURTON'S FIRE, INC. 19366 41.47 FIRE APPARATUS MAINT. 41.47 201 65200 203 40156 THE MERCURY NEWS 19610 210.51 MISC. SUPPLIES 210.51 101 66100 120 40157 NIAGARA CONSERVATION 19979 970.12 MISC. SUPPLIES 970.12 526 69020 120 40158 GE CAPITAL 20216 369.54 CONTRACTUAL SERVICES 369.54 101 68010 220 1101 40159 CHANNING L. BETE CO., INC. 20761 523.09 SUPPLIES 523.09 201 65200 112 40160 QUICK MIX CONCRETE 21140 526.29 MISC. SUPPLIES 526.29 101 66210 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 05/29/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40131 L. N. CURTIS & SONS 02027 75.11 FIRE APPARATUS MAINT. 75.11 201 65200 203 40132 EWING IRRIGATION PRODUCTS 02157 520.69 MISCELLANEOUS 520.69 101 68020 192 2200 40133 GRANITE ROCK COMPANY 02261 1,366.27 STREET RESURFACING EXPENSE 1,366.27 101 66210 226 40134 KAVANAGH ENGINEERING 02665 4,400.00 MISCELLANEOUS 4,400.00 101 36310 40135 DON PLAGMANN 03172 210.00 CONTRACTUAL SERVICES 210.00 101 68010 220 1788 40136 INFORMATION SERVICES DEPT. 03378 578.87 CONTRACTUAL SERVICES 578.87 201 65200 220 40137 SAN MATEO COUNTY CONVENTION & 03431 173,459.58 MISCELLANEOUS 173,459.58 731 22587 40138 U S POSTAL SERVICE 03821 3,000.00 MISCELLANEOUS 3,000.00 101 64250 114 40139 MUFFIE CALBREATH 09125 720.00 CONTRACTUAL SERVICES 720.00 101 68010 220 1891 40140 SAFETY KLEEN CORP. 09168 313.41 RENTS & LEASES 313.41 101 68020 180 2200 40141 ANA FITZGERALD 09975 246.75 CONTRACTUAL SERVICES 246.75 101 68010 220 1646 40142 LEE STAMBOLIS 11361 210.00 CONTRACTUAL SERVICES 210.00 101 68010 220 1788 40143 ALL CITY MANAGEMENT 15595 3,554.59 CONTRACTUAL SERVICES 3,554.59 101 65100 220 40144 DAILY JOURNAL CORP. 15626 1,889.00 MISC. SUPPLIES 1,800.00 101 66100 120 PUBLICATIONS & ADVERTISING 89.00 101 64200 150 40145 TIM OLENO 15629 210.00 CONTRACTUAL SERVICES 210.00 101 68010 220 1788 CITY OF BURLINGAME 05-21-2009 W A R R A N T R E G I S T E R PAGE 14 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 107,509.53 PAYROLL REVOLVING FUND 130 190.00 CENTRAL COUNTY FIRE 201 26,198.28 WATER CAPITAL PROJECT FUND 326 77,967.00 SEWER CAPITAL PROJECT FUND 327 60,469.61 WATER FUND 526 63,632.76 SEWER FUND 527 239,594.12 SOLID WASTE FUND 528 35.40 PARKING ENTERPRISE FUND 530 1,527.49 BUILDING ENTERPRISE FUND 531 5,578.32 SELF INSURANCE FUND 618 32,049.66 FACILITIES SERVICES FUND 619 27,518.84 EQUIPMENT SERVICES FUND 620 19,327.33 INFORMATION SERVICES FUND 621 2,975.90 FIRE MECHANIC SERVICES FUND 625 9,958.89 OTHER LOCAL GRANTS/DONATIONS 730 828.26 TRUST AND AGENCY FUND 731 674.58 BURLINGAME TRAIN SHUTTLE PROGRAM 736' 2,080.02 UTILITY REVOLVING FUND 896 10,134.71 TOTAL FOR APPROVAL $688,250.70 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 14 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 39978 THROUGH 40130 INCLUSIVE,TOTALING IN THE AMOUNT OF $688,250.70, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 13 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40126 KATHIE HEAP 29554 12.00 MISCELLANEOUS 12.00 101 36330 000 1646 40127 MR/MRS PARRY 29555 6.00 MISCELLANEOUS 6.00 101 36330 000 1646 40128 MR/MRS WANG 29556 12.00 MISCELLANEOUS 12.00 101 36330 000 1646 40129 MR/MRS ROSS 29557 6.00 MISCELLANEOUS 6.00 101 36330 000 1646 40130 JENNIFER SERRAN 29558 6.00 MISCELLANEOUS 6.00 101 36330 000 1646 TOTAL $688,250.70 C CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 12 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40110 LAURA RUBINCHIK 29538 285.00 MISCELLANEOUS 265.00 101 36330 000 1349 MISCELLANEOUS 20.00 101 36330 000 1646 40111 KITISAK LARLARB 29539 442.00 MISCELLANEOUS 442.00 101 36330 000 1349 40112 LETICIA MORENO 29540 300.00 MISCELLANEOUS 300.00 101 22593 40113 CHELSEA HINKSON 29541 100.00 MISCELLANEOUS 100.00 101 22593 40114 ELSA CONTRERAS 29542 50.00 MISCELLANEOUS 50.00 101 22593 40115 JANETTE CARRICK 29543 50.00 MISCELLANEOUS 50.00 101 22593 40116 SAN MATEO YOUTH FOUNDATION 29544 75.00 MISCELLANEOUS 75.00 101 22593 40117 MAGGIE HUANG 29545 75.00 MISCELLANEOUS 75.00 101 22593 40118 MARY CARBONARA 29546 50.00 MISCELLANEOUS 50.00 101 22593 40119 MR/MRS ANDERS 29547 19.00 MISCELLANEOUS 19.00 101 36330 000 1646 40120 KATHRYN B MARCUS 29548 28.00 MISCELLANEOUS 28.00 101 36330 000 1646 40121 MR/MRS KIM 29549 40.00 MISCELLANEOUS 40.00 101 36330 000 1646 40122 MR/MRS TEAHAN 29550 19.00 MISCELLANEOUS 19.00 101 36330 000 1646 40123 NANCY BLACHMAN 29551 12.00 MISCELLANEOUS 12.00 101 36330 000 1646 40124 MR/MRS DOYLE 29552 6.00 MISCELLANEOUS 6.00 101 36330 000 1646 40125 ELIZABETH ENGLEHAUPT 29553 6.00 MISCELLANEOUS 6.00 101 36330 000 1646 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 11 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40097 PACIFIC MAINTENANCE COMPANY 29145 11,917.09 CONTRACTUAL SERVICES 380.02 619 64460 220 5170 CONTRACTUAL SERVICES 135.01 619 64460 220 5230 CONTRACTUAL SERVICES 267.02 619 64460 220 5121 CONTRACTUAL SERVICES 1,372.08 619 64460 220 5120 CONTRACTUAL SERVICES 752.05 619 64460 220 5240 CONTRACTUAL SERVICES 1,792.07 619 64460 220 5190 CONTRACTUAL SERVICES 1,858.08 619 64460 220 5110 CONTRACTUAL SERVICES 450.02 619 64460 220 5210 CONTRACTUAL SERVICES 3,681.14 619 64460 220 5180 CONTRACTUAL SERVICES 1,229.60 619 64460 220 5130 40098 NORTH BAY CONSTRUCTION 29158 47,670.30 CONTRACTUAL SERVICES 47,670.30 326 82220 220 40099 WELLS FARGO BANK 29159 5,296.70 CONTRACTUAL SERVICES 5,296.70 326 82220 220 40100 AT&T 29312 7,957.98 UTILITY EXPENSE 7,957.98 896 20281 40101 J EDWARDS AND ASSOCIATES 29370 5,226.00 MISCELLANEOUS 5,226.00 531 22546 40102 SPERIAN PROTECTION INSTRUMENTATI 29524 575.00 EQUIPMENT MAINT. 575.00 201 65200 200 40103 MR/MRS DELUCA 29531 530.00 MISCELLANEOUS 530.00 101 36330 000 1349 40104 ROBERT BIERMAN 29532 294.00 MISCELLANEOUS 294.00 101 36330 000 1349 40105 AMY LOCKE 29533 294.00 MISCELLANEOUS 294.00 101 36330 000 1349 40106 MR/MRS. LAND 29534 294.00 MISCELLANEOUS 294.00 101 36330 000 1349 40107 MR/MRS LUCEY 29535 353.00 MISCELLANEOUS 353.00 101 36330 000 1349 40108 MR/MRS NELSON 29536 588.00 MISCELLANEOUS 588.00 101 36330 000 1349 40109 HELENE LANDRY 29537 588.00 MISCELLANEOUS 588.00 101 36330 000 1349 F ) CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 10 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40088 R&S ERECTION NORTH PENINSULA 27969 1,256.00 MISC. SUPPLIES 976.00 619 64460 120 5250 PROFESSIONAL & SPECIALIZED S 280.00 619 64460 210 5170 40089 PEGGY SHOMAKER 28084 190.00 MISCELLANEOUS 190.00 130 20016 40090 AT&T MOBILITY 28132 198.07 COMMUNICATIONS 198.07 201 65200 160 40091 ALL INDUSTRIAL ELECTRIC SUPPLY 28171 2,918.47 MISC. SUPPLIES 254.01 101 68010 120 1111 BLDG. & GROUNDS MAINT. 527.11 101 68010 190 1111 PUMP EQUIPMENT REPAIR 201.57 101 66210 230 MISC. SUPPLIES 291.16 526 69020 120 MISC. SUPPLIES 0.48 619 64460 120 MISC. SUPPLIES 312.99 619 64460 120 5260 MISC. SUPPLIES 73.28 619 64460 120 5130 MISC. SUPPLIES 40.42 619 64460 120 5150 MISC. SUPPLIES 46.98 619 64460 120 5260 MISC. SUPPLIES 1,132.78 619 64460 120 5250 MISC. SUPPLIES 37.69 619 64460 120 5260 40092 JULIE SWINT 28195 12.00 MISCELLANEOUS 12.00 101 36330 000 1646 40093 WILLIAM VELLA 28298 585.00 TRAINING EXPENSE 585.00 201 65200 260 40094 BAY BADMINTON CENTER 28403 1,920.00 MISC. SUPPLIES 1,920.00 101 68010 120 1781 40095 BAY AREA NEWS GROUP 28800 144.67 MISC. SUPPLIES 144.67 101 64400 120 40096 MUNICIPAL AUDITING SERVICES 28938 7,080.95 BUSINESS LICENSE REFUND 7,080.95 101 22503 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40087 U.S. BANK CORPORATE PAYMENT SYST 27931 15,217.26 OFFICE EXPENSE 139.02 101 67500 110 OFFICE EXPENSE 26.27 101 64420 110 OFFICE EXPENSE 128.15 101 64400 110 MISC. SUPPLIES 611.36 101 67500 120 MISC. SUPPLIES 30.22 101 68010 120 1520 MISC. SUPPLIES 1,134.72 101 68010 120 1521 MISC. SUPPLIES 25.71 101 66100 120 MISC. SUPPLIES 54.80 101 68010 120 1114 MISC. SUPPLIES 583.62 101 68010 120 1781 MISC. SUPPLIES 14.70 101 68010 120 1111 MISC. SUPPLIES 38.77 101 68010 120 1330 MISC. SUPPLIES 1,377.28 101 68010 120 1101 MISC. SUPPLIES 20.27 101 69537 120 MISC. SUPPLIES 75.62 101 68010 120 1890 MISC. SUPPLIES 18.77 101 68010 120 1787 MISC. SUPPLIES 124.14 101 68010 120 1370 MISC. SUPPLIES 197.61 101 68020 120 2300 LIBRARY--RECORDS AND CASSETT 164.95 101 67500 125 LIBRARY--BOOKS AND MAPS -28.40 101 67500 129 BLDG. & GROUNDS MAINT. 65.42 101 67500 190 EQUIPMENT MAINT. 1,496.79 101 65100 200 CONTRACTUAL SERVICES 329.78 101 65150 220 CONTRACTUAL SERVICES 1,646.25 101 68010 220 1212 CONTRACTUAL SERVICES 2,445.05 101 68010 220 1370 DUES & SUBSCRIPTIONS 52.00 101 66100 240 DUES & SUBSCRIPTIONS 94.32 101 64150 240 TRAVEL & MEETINGS 98.54 101 64150 250 TRAVEL & MEETINGS 267.00 101 66100 250 TRAVEL & MEETINGS 75.00 101 64250 250 TRAVEL & MEETINGS 335.00 101 64420 250 TRAVEL & MEETINGS 55.03 101 64100 250 TRAINING EXPENSE 338.00 101 65100 260 MISC. SUPPLIES 15.53 526 69020 120 TRAVEL & MEETINGS 390.00 526 69020 250 OFFICE EXPENSE 40.40 527 66520 110 EQUIPMENT MAINT. 329.78 530 65400 200 OFFICE EXPENSE 184.63 619 64460 110 MISC. SUPPLIES 563.93 619 64460 120 5130 SMALL TOOLS 188.23 619 64460 130 DUES & SUBSCRIPTIONS 120.00 619 64460 240 PROFESSIONAL & SPECIALIZED S 169.00 620 66700 210 OFFICE EXPENSE 419.79 621 64450 110 MISC. SUPPLIES 515.57 730 69533 120 MISC. SUPPLIES 139.81 730 69583 120 MISC. SUPPLIES 12.93 730 69533 120 CONTRACTUAL SERVICES 91.90 730 69544 220 1 � 1 ) CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40072 UNITED COMFORT SOLUTIONS INC 26639 7,206.91 PROFESSIONAL & SPECIALIZED S 4,206.91 619 64460 210 5240 PUMP EQUIPMENT REPAIR 3,000.00 619 64460 230 5240 40073 CALIFORNIA SUPPLY NORTH, INC. 26716 37.64 BLDG. & GROUNDS MAINT. 37.64 101 67500 190 40074 SKYLINE BUSINESS PRODUCTS 26825 123.76 OFFICE EXPENSE 123.76 531 65300 110 40075 JANA NISBET 27195 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 40076 CTC SUPPLIES 27213 350.00 MISC. SUPPLIES 350.00 526 69020 120 40077 RICOH AMERICAS CORPORATION 27326 565.47 LIBRARY EXPENSES 565.47 731 22531 40078 ECMS INC 27389 256.20 MISCELLANEOUS 256.20 201 65200 144 40079 JOHNNY LIU 27392 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 40080 SMARTSTUD SYSTEMS 27444 2,692.42 TRAFFIC CONTROL MATERIALS 2,692.42 101 66210 222 40081 SHANNON YARYAN 27600 780.00 MISCELLANEOUS 780.00 101 36330 000 1370 40082 JOHN ODDEN 27642 221.00 MISCELLANEOUS 221.00 101 36330 000 1349 40083 FORMS + SURFACES 27679 746.18 MISC. SUPPLIES 746.18 101 66210 120 40084 AT&T MOBILITY 27715 62.71 COMMUNICATIONS 62.71 531 65300 160 40085 AT&T MOBILITY 27758 32.20 COMMUNICATIONS 32.20 101 65150 160 40086 AD BRAKES 27766 1,472.91 FIRE APPARATUS MAINT. 1,472.91 625 65213 203 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40057 INTERNATIONAL CODE COUNCIL 24647 165.85 DUES & SUBSCRIPTIONS 165.85 531 65300 240 40058 GOLDEN STATE FLOW MEASUREMENT IN 24696 51,057.29 PROFESSIONAL & SPECIALIZED S 8,995.43 526 69020 210 CONTRACTUAL SERVICES 31,267.35 526 69020 220 CAPITAL EQUIPMENT 10,794.51 526 69020 803 40059 TIM LEUNG 24802 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 40060 DANIEL HAAS 25049 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 40061 OFFICE DEPOT 25224 689.86 OFFICE EXPENSE 689.86 101 65100 110 40062 CINTAS FIRST AID & SAFETY 25729 1,631.13 DUES & SUBSCRIPTIONS 565.35 526 69020 240 TRAINING EXPENSE 700.00 527 66520 260 TRAINING EXPENSE 365.78 619 64460 260 40063 WELLS FARGO FINANCIAL LEASING 25820 154.63 RENTS & LEASES 154.63 526 69020 180 40064 HASLER FINANCIAL SERVICES, LLC 25852 516.26 CITY HALL MAINTENANCE 516.26 621 64450 200 40065 PRISTINE AUTO DETAIL 26046 50.00 EQUIPMENT MAINT. 50.00 101 65100 200 40066 LANCE BAYER 26156 437.50 PROFESSIONAL & SPECIALIZED S 437.50 101 64350 210 40067 COIN TECH 26173 197.71 EQUIPMENT MAINT. 197.71 530 65400 200 40068 PATRICIA EATON 26184 221.00 MISCELLANEOUS 221.00 101 36330 000 1349 40069 U S POSTAL SERVICE (CMRS-FP) 26339 400.00 MISC. SUPPLIES 400.00 101 67500 120 40070 DANCE FORCE 26351 5,600.00 CONTRACTUAL SERVICES 5,600.00 101 68010 220 1646 40071 ACCEL MAIL EQUIPMENT 26466 155.25 EQUIPMENT MAINT. 155.25 101 67500 200 { CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40044 TLC ADMINISTRATORS 23156 175.00 MISCELLANEOUS 175.00 101 64420 031 40045 OFFICE MAX 23306 1,765.54 OFFICE EXPENSE 631.50 101 68010 110 1101 OFFICE EXPENSE 331.89 101 66100 110 OFFICE EXPENSE 241.47 101 64400 110 MISC. SUPPLIES 150.30 101 67500 120 MISC. SUPPLIES 207.03 101 64560 120 OFFICE EXPENSE 94.24 621 64450 110 LIBRARY EXPENSES 109.11 731 22531 40046 WILCO SUPPLY 23333 61.51 MISC. SUPPLIES 61.51 619 64460 120 5120 40047 SFPUC WATER QUALITY BUREAU 23846 3,015.00 MISCELLANEOUS 3,015.00 526 69020 233 40048 DEPARTMENT OF JUSTICE 23905 2,007.00 MISCELLANEOUS 1,911.00 101 23620 PROFESSIONAL & SPECIALIZED S 96.00 101 64420 210 40049 THE TEACHING COMPANY 23943 56.00 MISC. SUPPLIES 56.00 101 67500 120 40050 K.J. WOODS CONSTRUCTION INC 24058 33,667.00 MISCELLANEOUS -3,740.00 327 20005 CONTRACTUAL SERVICES 37,407.00 327 81800 220 40051 CALIFORNIA WATER SERVICE COMPANY 24249 662.40 MISCELLANEOUS 662.40 526 69020 233 40052 JERRY FRAYNE 24283 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 40053 ROBIN MAY 24285 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 40054 J&L CONSTRUCTION 24288 2,200.00 BLDG. & GROUNDS MAINT. 2,200.00 201 65200 190 40055 FASTLANE TEK INC. 24304 916.25 TRAINING EXPENSE 900.00 101 66210 260 CAPITAL EQUIPMENT 16.25 619 64460 800 40056 XEROX CORPORATION 24634 596.82 CONTRACTUAL SERVICES 596.82 101 67500 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40028 JODI YOUNG 20589 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 40029 CERTIFIED LABORATORIES 20771 360.77 SUPPLIES 360.77 620 15000 40030 PACIFIC COAST TRANE SERVICE 20818 800.00 PROFESSIONAL & SPECIALIZED S 800.00 619 64460 210 40031 CEB 21210 148.28 MISC. SUPPLIES 148.28 101 64350 120 40032 SPARTAN TOOL LLC 21329 324.81 SMALL TOOLS 324.81 527 66520 130 40033 CDW GOVERNMENT, INC. 21482 348.94 OFFICE EXPENSE 348.94 621 64450 110 40034 BROWN & CALDWELL 21507 26,802.61 PROFESSIONAL & SPECIALIZED S 26,802.61 327 82240 210 40035 HILLYARD/SAN FRANCISCO 21658 508.22 MISC. SUPPLIES 508.22 101 68020 120 2200 40036 TURBO DATA SYSTEMS, INC. 21767 6,268.68 MISCELLANEOUS 6,268.68 101 37010 40037 ALL PETROLEUM RECOVERY SERVICE, 22008 131.00 GAS, OIL & GREASE 131.00 201 65200 201 40038 DAVID WEDEKING 22262 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 40039 TECHNOLOGY,ENGINEERING & CONSTRU 22435 200.00 PROFESSIONAL & SPECIALIZED S 200.00 620 66700 210 40040 COUNTY OF SAN MATEO 22559 25,000.00 MISC. SUPPLIES 25,000.00 326 82220 120 40041 SAN MATEO REGIONAL NETWORK, INC. 22759 435.00 UTILITY EXPENSE 435.00 896 20281 40042 CARL DEQUANT 22842 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 40043 ALLIED IRON CO. 22855 53.10 MISC. SUPPLIES 53.10 619 64460 120 5240 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 40016 GREAT AMERICA 18078 713.79 CONTRACTUAL SERVICES 713.79 101 68010 220 1212 40017 SIERRA MORENO MERCANTILE CO. 18357 254.02 SMALL TOOLS 254.02 101 68020 130 2300 40018 TOWN OF HILLSBOROUGH 18419 18,549.79 MISCELLANEOUS 18,549.79 201 35212 40019 RICOH AMERICAS 18555 1,276.67 OFFICE EXPENSE 89.88 621 64450 110 CITY HALL MAINTENANCE 1,186.79 621 64450 200 40020 ACCESS UNIFORMS & EMBROIDERY 18990 202.19 TRAINING EXPENSE 202.19 201 65200 260 40021 PRUDENTIAL OVERALL SUPPLY 19027 1,551.30 UNIFORMS AND EQUIPMENT 180.05 101 66210 140 UNIFORMS AND EQUIPMENT 492.17 526 69020 140 UNIFORMS AND EQUIPMENT 180.04 527 66520 140 UNIFORMS AND EQUIPMENT 35.40 528 66600 140 UNIFORMS AND EQUIPMENT 109.80 619 64460 140 UNIFORMS AND EQUIPMENT 223.40 620 66700 140 FIRE APPARATUS MAINT. 330.44 625 65213 203 40022 ARROWHEAD MOUNTAIN SPRING WATER 19330 197.73 MISC. SUPPLIES 87.09 101 67500 120 MISC. SUPPLIES 110.64 201 65200 111 40023 BURTON'S FIRE, INC. 19366 7,349.62 FIRE APPARATUS MAINT. 1,938.55 201 65200 203 FIRE APPARATUS MAINT. 5,411.07 625 65213 203 40024 PENINSULA CORRIDOR JOINT 20060 6,460.02 RENTS & LEASES 2,190.00 526 69020 180 RENTS & LEASES 2,190.00 527 66520 180 CONTRACTUAL SERVICES 2,080.02 736 64570 220 40025 AFFINITEL COMMUNICATIONS 20246 320.00 COMMUNICATIONS 320.00 621 64450 160 40026 CMC FLUIDIQS INC 20421 1,552.33 PUMP EQUIPMENT REPAIR 1,552.33 527 66520 230 40027 PBS&J 20526 960.00 PROFESSIONAL & SPECIALIZED S 960.00 530 65400 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 40003 RADIOSHACK CORPORATION 11749 151.81 OFFICE EXPENSE 14.19 527 66520 110 SMALL TOOLS 137.62 527 66520 130 40004 BURLINGAME POLICE DEPT 13720 935.82 OFFICE EXPENSE 113.44 101 65100 110 MISC. SUPPLIES 24.75 101 65150 120 UNIFORMS AND EQUIPMENT 52.24 101 65100 140 COMMUNICATIONS 120.00 101 65100 160 TRAINING EXPENSE 541.90 101 65100 260 POLICE INVESTIGATION EXPENSE 43.49 101 65100 292 COMMUNICATIONS 40.00 530 65400 160 40005 FORTE PRESS CORP. 13759 60.09 OFFICE EXPENSE 60.09 101 65100 110 40006 COAST OIL CO. 13818 18,256.94 GAS, OIL & GREASE 18,256.94 101 65100 201 40007 YOUTH AND FAMILY ENRICHMENT SERV 13927 2,550.00 PRISONER EXPENSE 2,550.00 101 65100 291 40008 UNITED TRANSMISSION INC. 14760 1,332.52 SUPPLIES 1,332.52 620 15000 40009 PENINSULA SPORTS OFFICIALS 15711 1,820.00 CONTRACTUAL SERVICES 1,820.00 101 68010 220 1787 40010 VALLEY OIL CO. 15764 16,802.89 SUPPLIES 16,802.89 620 15000 40011 MOSS RUBBER & EQUIPMENT CORP. 16225 73.78 SUPPLIES 73.78 620 15000 40012 CINTAS CORP. #464 16911 860.54 UNIFORMS AND EQUIPMENT 860.54 101 68020 140 2100 40013 SHERWIN-WILLIAMS 17224 152.84 MISC. SUPPLIES 152.84 619 64460 120 5130 40014 STANDARD REGISTER 17495 3,035.19 OFFICE EXPENSE 3,035.19 101 64250 110 40015 COLORPRINT 17497 1,432.81 OFFICE EXPENSE 99.96 101 64100 110 MISC. SUPPLIES 1,332.85 526 69020 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39991 CITY OF MILLBRAE 09234 4,318.27 PROFESSIONAL & SPECIALIZED S 4,250.22 101 64350 210 CONTRACTUAL SERVICES 68.05 730 69544 220 39992 SAN MATEO COUNTY SHERIFF'S OFC. 09433 252.00 CONTRACTUAL SERVICES 252.00 101 65100 220 39993 STERICYCLE, INC. 09439 29.45 PRISONER EXPENSE 29.45 101 65100 291 39994 ABAG - LIABILITY 09518 32,049.66 PROFESSIONAL & SPECIALIZED S 30,446.17 618 64520 210 CLAIMS PAYMENTS 1,603.49 618 64520 601 39995 OLE'S 09626 397.82 FIRE APPARATUS MAINT. 397.82 625 65213 203 39996 BARKER BLUE REPROGRAPHICS 09990 314.86 OFFICE EXPENSE 314.86 619 64460 110 39997 DARYL D JONES INC 10101 697.02 BLDG. & GROUNDS MAINT. 206.02 201 65200 190 CONTRACTUAL SERVICES 491.00 201 65200 220 39998 EMPLOYMENT DEVELOPMENT DEPARTMEN 10567 20,358.00 MISCELLANEOUS 137.00 101 64100 010 MISCELLANEOUS 2,908.00 101 65100 010 MISCELLANEOUS 5,400.00 101 64420 010 TEMPORARY EMPLOYMENT SVC. 1,708.00 101 68010 011 1100 TEMPORARY EMPLOYMENT SVC. 169.00 101 68010 011 1890 TEMPORARY EMPLOYMENT SVC. 137.00 101 68020 011 2200 TEMPORARY EMPLOYMENT SVC. 64.00 101 68010 011 1781 TEMPORARY EMPLOYMENT SVC. 112.00 101 68010 011 1100 TEMPORARY EMPLOYMENT SVC. 3,082.00 526 69020 011 TEMPORARY EMPLOYMENT SVC. 4,971.00 527 66520 011 TEMPORARY EMPLOYMENT SVC. 1,670.00 619 64460 011 39999 PIP PRINTING 10620 120.18 MISCELLANEOUS 120.18 101 64100 115 40000 MEYERS, NAVE, RIBACK, SILVER 11101 1,188.00 PROFESSIONAL & SPECIALIZED S 1,188.00 101 64350 210 40001 WINGFOOT COMMERCIAL TIRE SYSTEMS 11316 2,346.65 FIRE APPARATUS MAINT. 2,346.65 625 65213 203 40002 WECO INDUSTRIES, INC. 11640 2,102.50 SMALL TOOLS 2,102.50 527 66520 130 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 05/21/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39978 GRAY'S PAINT, BURLINGAME 01025 640.43 MISC. SUPPLIES 34.38 526 69020 120 MISC. SUPPLIES 237.48 619 64460 120 5130 MISC. SUPPLIES 328.16 619 64460 120 5140 SMALL TOOLS 40.41 619 64460 130 39979 L. N. CURTIS & SONS 02027 526.59 MISCELLANEOUS 526.59 201 65200 144 39980 VEOLIA WATER 02110 227,371.00 CONTRACTUAL SERVICES 227,371.00 527 66530 220 39981 WATER/FINANCE PETTY CASH 02184 1,520.29 MISCELLANEOUS 1,520.29 896 20282 39982 W.W. GRAINGER, INC. 02248 100.57 MISC. SUPPLIES 16.83 619 64460 120 5120 MISC. SUPPLIES 57.95 619 64460 120 5140 MISC. SUPPLIES 25.79 619 64460 120 5130 39983 GRANITE ROCK COMPANY 02261 1,063.77 MISC. SUPPLIES 1,063.77 101 66210 120 39984 CHARLES J. HAPP 02360 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 39985 PENINSULA BATTERIES 02625 474.42 EQUIPMENT MAINT. 138.21 101 68020 200 2200 MISC. SUPPLIES 171.24 619 64460 120 5130 SUPPLIES 164.97 620 15000 39986 P. G. & E. 03054 1,588.68 GAS & ELECTRIC 1,350.22 101 68010 170 1286 GAS & ELECTRIC 228.23 201 65200 170 GAS & ELECTRIC 10.23 527 66520 170 39987 AT&T 03080 221.44 UTILITY EXPENSE 221.44 896 20281 39988 INFORMATION SERVICES DEPT. 03378 1,752.08 CONTRACTUAL SERVICES 1,752.08 101 65150 220 39989 WEST GROUP PAYMENT CTR. 03964 515.60 PROFESSIONAL & SPECIALIZED S 515.60 101 64350 210 39990 B.E.I. ELECTRICAL SUPPLIES 09072 15.43 MISC. SUPPLIES 15.43 619 64460 120 5130 CITY OF BURLINGAME 05-15-2009 W A R R A N T R E G I S T E R PAGE 12 FUND RECAP 08-09 NAME FUND AMOUNT GENERAL FUND 101 92,199.94 PAYROLL REVOLVING FUND 130 3,963.60 CENTRAL COUNTY FIRE 201 25,547.17 WATER CAPITAL PROJECT FUND 326 65,405.34 SEWER CAPITAL PROJECT FUND 327 25,585.86 WATER FUND 526 28,957.60 SEWER FUND 527 14,947.73 SOLID WASTE FUND 528 7,014.00 BUILDING ENTERPRISE FUND 531 3,739.00 SELF INSURANCE FUND 618 9,758.00 FACILITIES SERVICES FUND 619 10,507.05 EQUIPMENT SERVICES FUND 620 4,482.87 INFORMATION SERVICES FUND 621 38,398.31 FIRE MECHANIC SERVICES FUND 625 1,732.30 OTHER LOCAL GRANTS/DONATIONS 730 487.53 TRUST AND AGENCY FUND 731 1,048.68 TOTAL FOR APPROVAL $333,774.98 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 12 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 39843 THROUGH 39977 INCLUSIVE,TOTALING IN THE AMOUNT OF $333,774.98, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 11 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39970 NANCY FERNANDEZ 29516 50.00 MISCELLANEOUS 50.00 101 22593 39971 MARY TONG 29517 50.00 MISCELLANEOUS 50.00 101 22593 39972 VANESSA SANCHEZ 29518 100.00 MISCELLANEOUS 100.00 101 22593 39973 LAUREL STANELY 29519 419.00 MISCELLANEOUS 100.00 101 22593 MISCELLANEOUS 319.00 101 36330 000 1213 39974 JOCELYN C. SAVELLANO 29520 100.00 MISCELLANEOUS 100.00 101 22593 39975 SHELIA CREEKS 29521 100.00 MISCELLANEOUS 100.00 101 22593 39976 OUR LADY OF LEBANON CHURCH 29522 300.00 MISCELLANEOUS 300.00 101 22593 39977 RUNI CHATTOPADRYAY 29523 100.00 MISCELLANEOUS 100.00 101 22593 TOTAL $333,774.98 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 10 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39954 STEPHEN MCDONNELL 29347 88.00 EMPLOYEE BENEFITS 88.00 130 20015 39955 ICMA RETIREMENT CORPORATION 29349 1,761.28 MISCELLANEOUS 1,761.28 101 64550 040 39956 J EDWARDS AND ASSOCIATES 29370 3,589.00 MISCELLANEOUS 3,589.00 531 22546 39957 GCS ENVIRONMENTAL EQUIPMENT SERV 29501 622.53 SUPPLIES 622.53 620 15000 39958 KELLY BRODERICK 29502 85.00 MISCELLANEOUS 85.00 101 36330 000 1781 39959 TERESA DONNELLY 29504 231.00 MISCELLANEOUS 231.00 101 36330 000 1330 39960 HUI YIN WANG 29505 2,875.00 MISCELLANEOUS 2,875.00 101 36330 000 1890 39961 LOIS SCOTT 29506 52.00 MISCELLANEOUS 52.00 101 36330 000 1660 39962 JONGSOON YEU 29507 30.00 MISCELLANEOUS 30.00 101 36330 000 1660 39963 GISH JEAN 29508 300.00 DEPOSIT REFUNDS 300.00 101 22520 39964 ROBERT SAY 29509 300.00 DEPOSIT REFUNDS 300.00 101 22520 39965 JOHN GRIFFIN 29510 528.00 EMPLOYEE BENEFITS 528.00 130 20015 39966 LENORE KARP 29512 52.00 MISCELLANEOUS 52.00 101 36330 000 1660 39967 EVELYN LASSMAN 29513 50.00 MISCELLANEOUS 50.00 101 22593 39968 PAT BUSTOS 29514 75.00 MISCELLANEOUS 75.00 101 22593 39969 MARIE CARPER 29515 50.00 MISCELLANEOUS 50.00 101 22593 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39942 U.S. BANK CORPORATE PAYMENT SYST 27931 2,564.42 OFFICE EXPENSE 42.00 201 65200 110 MISC. SUPPLIES 174.61 201 65200 120 SMALL TOOLS -129.60 201 65200 130 COMMUNICATIONS 63.87 201 65200 160 BLDG. & GROUNDS MAINT. 62.32 201 65200 190 VEHICLE MAINT. 28.90 201 65200 202 FIRE APPARATUS MAINT. 301.34 201 65200 203 TRAVEL & MEETINGS 829.15 201 65200 250 TRAINING EXPENSE 617.17 201 65200 260 FIRE APPARATUS MAINT. 100.00 625 65213 203 MISCELLANEOUS 474.66 731 22554 39943 A+ SPANISH ACADEMY 27960 580.00 CONTRACTUAL SERVICES 580.00 101 68010 220 1331 39944 R&S ERECTION NORTH PENINSULA 27969 116.08 MISC. SUPPLIES 116.08 619 64460 120 5250 39945 VICTORIA PAREDES 28416 75.00 MISCELLANEOUS 75.00 101 22593 39946 CAINE COMPUTER CONSULTING 28458 9,551.52 PROFESSIONAL & SPECIALIZED S 91551.52 101 65100 210 39947 U.S. HEALTHWORKS MEDICAL GROUP 28499 75.00 TRAINING EXPENSE 75.00 527 66520 260 39948 HILTI INC 28501 1,015.54 SMALL TOOLS 1,015.54 201 65200 130 39949 ANGELA NEGHERBON 28917 745.00 MISCELLANEOUS 420.00 101 36330 000 1372 MISCELLANEOUS 325.00 101 36330 000 1330 39950 GMPCS PERSONAL COMMUNICATIONS IN 28941 4.95 MISC. SUPPLIES 4.95 201 65500 120 39951 PACIFIC MAINTENANCE COMPANY 29145 8,375.63 CONTRACTUAL SERVICES 8,375.63 619 64460 220 39952 JOHN QUILICI 29267 29.00 MISCELLANEOUS 29.00 101 36330 000 1645 39953 JOSH ELLINGTON 29282 300.00 MISCELLANEOUS 300.00 731 22554 i \ ` CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39929 MARC SYMKOWICK 26350 291.00 MISCELLANEOUS 291.00 130 20016 39930 CEMEX 26506 57.36 MISC. SUPPLIES 57.36 101 66210 120 39931 R.A. METAL PRODUCTS, INC 26527 165.00 FIRE APPARATUS MAINT. 165.00 201 65200 203 39932 THOMAS REX HARDY AIA 26740 1,429.50 DEPOSIT REFUND 1,429.50 101 22590 39933 AMERICAN MESSAGING 26822 70.92 COMMUNICATIONS 70.92 526 69020 160 39934 SKYLINE BUSINESS PRODUCTS 26825 729.96 OFFICE EXPENSE 216.86 101 66210 110 OFFICE EXPENSE 513.10 526 69020 110 39935 SUNNY WONG 26959 120.00 MISCELLANEOUS 120.00 101 36330 000 1890 39936 JOSEPH BUNNELL 27243 100.00 EMPLOYEE BENEFITS 100.00 130 20060 39937 INTERSTATE BATTERY SYSTEM OF SAN 27283 257.47 MISC. SUPPLIES 87.09 201 65200 111 FIRE APPARATUS MAINT. 170.38 625 65213 203 39938 ROSEMARIE SCHUBERT 27361 20.00 MISCELLANEOUS 20.00 101 36330 000 1660 39939 STEVE BESOZZI 27371 108.00 MISCELLANEOUS 108.00 130 20016 39940 PRECISE PRODUCTIONS 27443 225.00 CONTRACTUAL SERVICES 225.00 730 69533 220 39941 ROB MCNICHOL 27501 102.00 MISCELLANEOUS 102.00 130 20016 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39914 DORIS MORTENSEN 24871 530.00 EMPLOYEE BENEFITS 530.00 130 20015 39915 CAPORICCI & LARSON 24920 33,052.50 PROFESSIONAL & SPECIALIZED S 33,052.50 101 64560 210 39916 S AND S SUPPLIES & SOLUTIONS 24963 9,377.92 CAPITAL EQUIPMENT 9,377.92 527 66520 800 39917 DENHAM LLC 24968 1,040.00 MISCELLANEOUS 290.00 101 22525 MISCELLANEOUS 750.00 101 36630 39918 DE LAGE LANDEN 25057 172.94 CONTRACTUAL SERVICES 172.94 201 65200 220 39919 DIAMOND DIESEL SERVICE INC. 25062 896.22 SUPPLIES 896.22 620 15000 39920 JAMES MURPHY 25080 1,104.00 CONTRACTUAL SERVICES 1,104.00 101 68010 220 1661 39921 OFFICE DEPOT 25224 202.98 OFFICE EXPENSE 118.21 201 65200 110 MISCELLANEOUS 84.77 201 65200 132 39922 MERCY MARTIN 25270 987.00 CONTRACTUAL SERVICES 987.00 101 68010 220 1661 39923 LORAL LANDSCAPING 25394 173.00 BLDG. & GROUNDS MAINT. 173.00 527 66520 190 39924 MWH SOFT INC. 25416 1,000.00 SMALL TOOLS 1,000.00 326 81230 130 39925 MARTIN DILLON 25774 115.00 EMPLOYEE BENEFITS 80.00 130 20060 MISCELLANEOUS 35.00 130 20016 39926 KEVIN REYES 25970 270.00 CONTRACTUAL SERVICES 270.00 101 68010 220 1789 39927 JOHNSON W00 26340 822.05 TRAINING EXPENSE 822.05 201 65500 260 39928 ENVIRONMENTAL SYSTEMS RESEARCH I 26345 2,227.88 MISC. SUPPLIES 2,227.88 326 75170 120 � c � CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39901 DEWEY SERVICES, INC. 23902 3,189.25 RAT CONTROL PROGRAM 2,759.25 527 66520 218 CONTRACTUAL SERVICES 70.00 619 64460 220 5120 CONTRACTUAL SERVICES 55.00 619 64460 220 5150 CONTRACTUAL SERVICES 70.00 619 64460 220 5180 CONTRACTUAL SERVICES 70.00 619 64460 220 5110 CONTRACTUAL SERVICES 55.00 619 64460 220 5130 CONTRACTUAL SERVICES 55.00 619 64460 220 5170 CONTRACTUAL SERVICES 55.00 619 64460 220 5160 39902 NEXTEL COMMUNICATIONS 23946 234.02 MISCELLANEOUS 234.02 731 22554 39903 K.J. WOODS CONSTRUCTION INC 24058 11,852.65 MISCELLANEOUS -1,316.96 326 20005 CONTRACTUAL SERVICES 13,169.61 326 80910 220 39904 KUMUDINI MURTHY 24210 1,071.00 CONTRACTUAL SERVICES 1,071.00 101 68010 220 1644 39905 ATLAS AUTO GLASS 24319 70.00 FIRE APPARATUS MAINT. 70.00 625 65213 203 39906 SUSAN MCKEE 24442 799.00 CONTRACTUAL SERVICES 799.00 101 68010 220 1661 39907 GRETCHEN LOTT 24452 1,128.00 CONTRACTUAL SERVICES 1,128.00 101 68010 220 1661 39908 RICHARD HORNE 24489 200.00 TRAVEL & MEETINGS 200.00 527 66520 250 39909 KENNEDY/JENKS CONSULTANTS 24570 535.00 PROFESSIONAL & SPECIALIZED S 360.00 326 82040 210 PROFESSIONAL & SPECIALIZED S 175.00 326 81180 210 39910 BARTEL ASSOCIATES LLC 24574 5,600.00 PROFESSIONAL & SPECIALIZED S 5,600.00 101 64560 210 39911 KIDZ LOVE SOCCER, INC. 24637 6,306.30 CONTRACTUAL SERVICES 6,306.30 101 68010 220 1372 39912 SPRINGERWEST LLC 24704 232.50 CONTRACTUAL SERVICES 232.50 101 68010 220 1762 39913 LANGUAGE LINE SERVICES 24815 90.00 CONTRACTUAL SERVICES 90.00 201 65200 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39889 TOWNE FORD SALES, INC. 22146 218.92 SUPPLIES 96.56 620 15000 EQUIPMENT MAINT. 122.36 620 66700 200 39890 R&B COMPANY 22178 420.39 MISC. SUPPLIES 420.39 526 69020 120 39891 SAN MATEO DAILY JOURNAL 22804 240.00 MISCELLANEOUS 240.00 526 69020 233 39892 ATHENS ADMINISTRATORS 22851 9,758.00 CLAIMS ADJUSTING SERVICES 9,758.00 618 64520 225 39893 CPS 23005 35.00 PERSONNEL EXAMINATIONS 35.00 101 64420 121 39894 FIRST AMERICAN CORE LOGIC INC 23012 750.00 MISC. SUPPLIES 150.00 101 64400 120 MISC. SUPPLIES 150.00 101 66100 120 PROFESSIONAL & SPECIALIZED S 150.00 101 64350 210 CONTRACTUAL SERVICES 150.00 201 65200 220 MISC. SUPPLIES 150.00 531 65300 120 39895 BONDLOGISTIX 23088 2,750.00 OTHER DEBT EXPENSES 2,750.00 526 69020 764 39896 OFFICE MAX 23306 424.72 OFFICE EXPENSE 424.72 101 66100 110 39897 ERLER AND KALINOWSKI,INC. 23531 50,780.99 PROFESSIONAL & SPECIALIZED S 49,789.81 326 82300 210 CONTRACTUAL SERVICES 991.18 526 69020 220 39898 REFRIGERATION SUPPLIES DISTRIBUT 23639 69.48 MISC. SUPPLIES 69.48 619 64460 120 5240 39899 BKF ENGINEERS 23641 25,585.86 PROFESSIONAL & SPECIALIZED S 25,585.86 327 81800 210 39900 DAVE CREAMER 23876 1,134.00 CONTRACTUAL SERVICES 1,134.00 101 68010 220 1644 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39875 BAY ALARM 18854 973.06 PROFESSIONAL & SPECIALIZED S 405.00 619 64460 210 5180 PROFESSIONAL & SPECIALIZED S 187.50 619 64460 210 5210 PROFESSIONAL & SPECIALIZED S 465.00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S -84.44 619 64460 210 5121 39876 BURTON'S FIRE, INC. 19366 337.45 FIRE APPARATUS MAINT. 337.45 201 65200 203 39877 BOB DISCO 19894 806.00 TRAINING EXPENSE 806.00 201 65500 260 39878 AFFINITEL COMMUNICATIONS 20246 1,647.75 COMMUNICATIONS 1,647.75 621 64450 160 39879 CENTRAL GARDEN CENTER 20300 340.73 MISC. SUPPLIES 340.73 .101 68020 120 2200 39880 RAY VANOVER 20343 1,348.00 EMPLOYEE BENEFITS 280.00 130 20060 EMPLOYEE BENEFITS 1,068.00 130 20015 39881 VICENTE QUINTANA 20437 753.60 EMPLOYEE BENEFITS 753.60 130 20015 39882 DAPPER TIRE CO., INC. 20464 1,197.75 SUPPLIES 1,197.75 620 15000 39883 BAYSIDE BUILDING MATERIALS INC. 20650 839.06 MISC. SUPPLIES 839.06 526 69020 120 39884 CHANNING L. BETE CO., INC. 20761 163.88 SUPPLIES 163.88 201 65200 112 39885 DELL MARKETING L.P. 20900 3,610.61 MISCELLANEOUS 3,610.61 201 65200 132 39886 VINCENT FALZON 21893 170.00 TRAVEL & MEETINGS 170.00 527 66520 250 39887 IEDA 21981 3,046.28 PROFESSIONAL & SPECIALIZED S 3,046.28 101 64420 210 39888 DEPARTMENT OF CONSUMER AFFAIRS 22082 125.00 DUES & SUBSCRIPTIONS 125.00 101 66100 240 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39862 PETER GAINES 10507 324.20 TRAVEL & MEETINGS 324.20 527 66520 250 39863 WINGFOOT COMMERCIAL TIRE SYSTEMS 11316 1,717.79 MISC. SUPPLIES 624.54 201 65200 120 FIRE APPARATUS MAINT. 1,093.25 625 65213 203 39864 CHIEF DON DORNELL 11568 766.34 MISC. SUPPLIES 6.74 201 65200 111 MISC. SUPPLIES 8.00 201 65200 120 MISCELLANEOUS 196.60 201 65200 144 TRAVEL & MEETINGS 60.00 201 65200 250 TRAINING EXPENSE 455.00 201 65200 260 MISCELLANEOUS 40.00 731 22554 39865 RECHARGE'EM 14523 98.33 OFFICE EXPENSE 98.33 201 65200 110 39866 ALL CITY MANAGEMENT 15595 3,602.63 CONTRACTUAL SERVICES 3,602.63 101 65100 220 39867 AIR EXCHANGE, INC 15625 13,167.64 BLDG. & GROUNDS MAINT. 13,167.64 201 65200 190 39868 DAILY JOURNAL CORP. 15626 417.90 PUBLICATIONS & ADVERTISING 417.90 101 64200 150 39869 MILLBRAE LOCK SHOP 15739 130.99 SMALL TOOLS 130.99 101 68020 130 2200 39870 TEAM CLEAN 15827 300.06 CONTRACTUAL SERVICES 300.06 201 65200 220 39871 MOSS RUBBER & EQUIPMENT CORP. 16225 392.90 SUPPLIES 392.90 620 15000 39872 MUNICIPAL MAINTENANCE 16629 1,774.03 SMALL TOOLS 1,774.03 527 66520 130 39873 MILLS-PENINSULA HEALTH SERVICES 18546 1,388.80 PROFESSIONAL & SPECIALIZED S 1,388.80 101 64420 210 39874 KLEINFELDER, INC 18684 578.00 PROFESSIONAL & SPECIALIZED S 578.00 528 66600 210 1 ` CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 39855 BURLINGAME REC. DEPT./PETTY CASH 03910 1,522.83 MISC. SUPPLIES 544.30 101 68010 120 1212 MISC. SUPPLIES 30.00 101 68010 120 1781 MISC. SUPPLIES 19.99 101 68010 120 1101 MISC. SUPPLIES 30.47 101 68010 120 1521 MISC. SUPPLIES 6.33 101 68020 120 2100 MISC. SUPPLIES 12.00 101 68020 120 2300 RENTS & LEASES 525.00 101 68020 180 2200 CONTRACTUAL SERVICES 88.21 101 68010 220 1349 TRAVEL & MEETINGS 4.00 101 68020 250 2300 MISC. SUPPLIES 127.53 730 69533 120 MISC. SUPPLIES 135.00 730 69583 120 39856 JEAN BUCKS 09019 174.75 CONTRACTUAL SERVICES 51.75 101 68010 220 1644 CONTRACTUAL SERVICES 123.00 101 68010 220 1646 39857 LYNGSO GARDEN MATERIALS 09143 1,224.62 MISC. SUPPLIES 422.18 101 68020 120 2200 SIDEWALK REPAIR EXPENSE 802.44 101 66210 219 39858 RD OFFICE SOLUTIONS 09213 10.93 OFFICE EXPENSE 10.93 527 66520 110 39859 SAN MATEO LAWN MOWER SHOP 09560 2,456.83 SMALL TOOLS 576.68 101 68020 130 2200 EQUIPMENT MAINT. 841.18 101 68020 200 2200 EQUIPMENT MAINT. 251.28 101 68020 200 2300 SMALL TOOLS 787.69 526 69020 130 39860 MARGARET KRAMER 09612 1,903.50 CONTRACTUAL SERVICES 1,903.50 101 68010 220 1661 39861 WFCB OSH COMMERCIAL SERVICES 09670 797.15 MISC. SUPPLIES 126.12 101 68020 120 2200 SIDEWALK REPAIR EXPENSE 72.87 101 66210 219 TRAFFIC CONTROL MATERIALS 101.27 101 66210 222 BLDG. & GROUNDS MAINT. 103.20 201 65200 190 TRAINING EXPENSE 21.74 201 65200 260 MISC. SUPPLIES 162.61 526 69020 120 SMALL TOOLS 52.24 526 69020 130 MISC. SUPPLIES 8.24 527 66520 120 SMALL TOOLS 62.44 527 66520 130 MISC. SUPPLIES 46.29 619 64460 120 5240 MISC. SUPPLIES 18.54 619 64460 120 5120 MISC. SUPPLIES 7.17 619 64460 120 5160 MISC. SUPPLIES 14.42 619 64460 120 5140 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 05/15/09 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 39843 * INTERNAL REVENUE SERVICE 24293 21,665.40 OTHER DEBT EXPENSES 21,665.40 526 69020 764 39844 BAYSHORE INTERNATIONAL TRUCKS 01236 9.17 SUPPLIES 9.17 620 15000 39845 BURLINGAME AUTO SUPPLY 01507 2,289.48 GAS, OIL & GREASE 124.41 201 65200 201 VEHICLE MAINT. 229.22 201 65200 202 FIRE APPARATUS MAINT. 491.80 201 65200 203 SUPPLIES 1,136.68 620 15000 SMALL TOOLS 8.70 620 66700 130 FIRE APPARATUS MAINT. 298.67 625 65213 203 39846 CITY OF REDWOOD CITY 01862 36,750.56 COMMUNICATIONS 300.00 621 64450 160 CITY HALL MAINTENANCE 36,450.56 621 64450 220 39847 GENE EVANS 02149 152.75 CONTRACTUAL SERVICES 152.75 101 68010 220 1644 39848 W.W. GRAINGER, INC. 02248 41.64 SMALL TOOLS 41.64 201 65200 130 39849 LAWSON PRODUCTS, INC. 02755 352.79 MISC. SUPPLIES 352.79 619 64460 120 39850 MILLBRAE LUMBER CO. 02898 1,034.28 MISC. SUPPLIES 196.60 101 66210 120 SIDEWALK REPAIR EXPENSE 256.36 101 66210 219 MISC. SUPPLIES 402.74 526 69020 120 SMALL TOOLS 62.27 526 69020 130 MISC. SUPPLIES 12.72 527 66520 120 MISC. SUPPLIES 103.59 619 64460 120 5140 39851 P. G. & E. 03054 40.54 GAS & ELECTRIC 37.66 101 68020 170 2200 GAS & ELECTRIC 2.88 101 66100 170 39852 SANDRA POBE 03175 2,030.25 CONTRACTUAL SERVICES 1,794.00 101 68010 220 1644 CONTRACTUAL SERVICES 236.25 101 68010 220 1646 39853 SAN MATEO COUNTY ENVIRONMENTAL 03380 6,436.00 MISC. SUPPLIES 6,436.00 528 66600 120 39854 WITMER-TYSON IMPORTS, INC. 03788 400.00 CONTRACTUAL SERVICES 400.00 101 65100 220 c� MEETING MINUTES Regular Meeting of the Burlingame Parks & Recreation Commission Thursday, May 21, 2009 The regular meeting of the Burlingame Parks & Recreation Commission was called to order by Chairman Shanus at 7:02 pm at Burlingame City Hall, 501 Primrose Road, Burlingame. ROLL CALL Commissioners Present: Shanus, Carlton, Fisher, La Mariana, Eaton Commissioners Absent: Castner-Paine, Hesselgren Staff Present: Director of Parks & Recreation Skeels; Recreation Superintendent Mutto; Administrative Secretary Joleen Helley Others Present: None MINUTES The Minutes of the March 19, 2009 regular meeting were approved as submitted. Chairperson Shanus introduced the new Parks & Recreation Director Jim Skeels to the Commission. Skeels will be splitting his time between Brisbane and Burlingame. PUBLIC COMMENTS—None OLD BUSINESS Update on City Budget Status — Director Skeels explained position losses in Recreation division of a Recreation Supervisor and a Recreation Coordinator that is being debated. The Parks division is losing two maintenance positions, possibly one tree maintenance worker. If the state decides to "borrow" property taxes from local governments, the City of Burlingame's loan would be around $1,000,000. Parks & Recreation has percentage wise taken the largest hit. Staff morale seems pretty good despite the reductions. Superintendant Mutto reported that Parks Superintendent Foell has accepted a full time position in another city and retired superintendent Richmond will be"on call". NEW BUSINESS A. Cost Recovers Analysis of Recreation Programs — Mutto handed out a summary of the programs represented in the analysis requested by City Manager Nantel. Included in the report are the Income/Expenses (p/t salaries, supplies, utilities, janitorial and ten percent to Burlingame School District) Of the nine programs included, six are over fifty percent cost recovery. (See attached) Commissioner Shanus inquired as the purpose the report. Mutto said it was used as a quick glance for staff during the budget reduction process. Parks & Recreation Commission Minutes May 21, 2009—Page 2 B. Bond Measure/Budget Impacts- Mutto reported that with the passing of the Bond Measure, the reductions slated for tier seven have been saved. C. Walk of Fame Honors - Helley reported that a committee comprised of two commissioners from various commissions met in May to review the applications submitted by the local non-profit groups. Of the nine applications received, three were recommended for honor to the City Council. Carl Reyna, Linda White and Gloria Barton's nominations were approved by Council and will be honored at the June 15, 2009 council meeting. D. BIS and Franklin Field Projects - Mutto reported that two portable classrooms will be placed adjacent to the tennis courts at Ray Park until October 2010. The backboard will be removed to accommodate the portables. Staff will evaluate the replacement of the backboard upon removal of the portables. The synthetic field installation at Franklin and Osberg fields is almost approved and is scheduled to begin mid November 2009 and be completed by March 2010. At that time, the BIS fee structure will change. The elementary school district may wish to have the City schedule the fields. Conduit for lighting will be layed at the time of synthetic installation for the possibility of future lighting of the field. Osberg will still have a track around it and portable bathrooms will be on site. REPORTS/HANDOUTS A. Staff Reports 1. Monthly Report-attached 2. Correspondence-None. 3. Revenue Report-attached 4. Needs Assessment Survey/Updated Facilities Master Plan 02/09 B. Commissioner Reports 1. Commissioner Easton inquired as to the progress on the aquatics manual. Mutto reported that staff is in the process of hiring summer part-time staff and that the lifeguarding class was currently in session. There is two full weeks of training for the lifeguards. Lindsy McLeod, the Aquatics Coordinator, will be back at the beginning of August to work on the manual. 2. Commissioner Fisher stated that his young son uses the newly renovated Cuernavaca playground and participates in the recreation programs regularly, such as My First Art, Half Moon Music Together, etc. He stated that as a parent he would pay even more if needed to have his child participate in the classes. He urged that staff please do not let the classes lapse; he feels that the fees could be raised by five to ten dollars if needed to save them. Parks& Recreation Commission Minutes May 21, 2009—Page 3 3. Commissioner Shanus inquired if the new high school superintendant would be available to engage in a conversation regarding the fee schedule. Mutto responded that she hoped to meet with the new superintendent in the near future. Shanus also mentioned that he had observed the middle school sports tryouts and was hoping that the changes he wished to implement during Director Schwartz' tenure could be carried over to the current management at the recreation department. Shanus extended the highest of compliments to the parks staff stating that they do a phenomenal job at fixing broken things at Bayside Park. NEXT MEETING The next meeting of the Parks & Recreation Commission is scheduled to be held on Thursday, June 18, 2009 at 7:00 p.m. at Burlingame City Hall. There being no further business to come before the Commission, the meeting was adjourned at 8:40 pm. Respectfully submitted, Joleen Helley Administrative Secretary Burlingame Parks & Recreation BURLINGAME BEAUTIFICATION COMMISSION JUNE 4,2009 The regularly scheduled meeting of the Beautification Commission was called to order at 6:00 p.m. by Chairperson Lahey. ROLL CALL Present: Chairperson Lahey, Commissioners Benson, Dittman, McQuaide, and Wright. Absent: Commissioner(s)Carney and Hunt Staff: Parks Supervisor Disco, Admin. Secretary Harvey, and Jane Gomery(Public Works) Guests: Judy Dostal Schneider&Realtor Bobbi Maniscalco(1812 Easton Drive); Jennifer Pfaff MINUTES—Minutes were approved with the following corrections: 1) Under OLD BUSINESS/Broadway Planters. (page 2, last paragraph, last sentence) corrected to read: "Commissioner Benson concluded, that some of the adopted planters on Burlingame Avenue had been abandoned and are not being watered, and now Commissioner Benson had begun watering those planters too." 2) Under OLD BUSINESS/Street Tree Fundraising—Art in Park Booth (June 13 or June 14), (page 3, fust paragraph, second sentence) . . . "Commission could purchase California flower seed packets for $25 for 50 packets that could be given to anyone that donates toward the tree fund. " CORRESPONDENCE Staff Report and all related correspondence regarding the appeal of the denial for the removal of a City-owned Monterey Pine tree at 1812 Easton Drive. Letter to Judy Dostal Schneider, 1812 Easton Drive, and all surrounding property owners, informing of the hearing scheduled for June 4, 2009 regarding the appeal of the denial for the removal of a City-owned Monterey Pine tree at 1812 Easton Drive. (4)Nomination forms submitted for the 2009 Business Landscape Award. Broadway Planters/Maintenance Jurisdiction document. FROM THE FLOOR There was no comment `From the Floor'. Order ofAgenda was changed at the request of Chairperson Lahey, in order to accommodate those present for the scheduled hearing. Further, Chairperson Lahey recused herselffrom the hearing(because she is a property owner on Easton Drive) and Vice Chair Wright chaired the meeting for the hearing. NEW BUSINESS Appeal of the Denial for the Removal of a City-owned Cupressus Machrocarpa (Monterey Cypress) (a 1812 Easton Drive- V. Chair Wright asked Parks Supervisor Disco to review the Staff Report with the Commission. Supervisor Disco reviewed with the Commission the background history dating back to December 2005 when the property requested removal due to root damage to the sidewalk, brick wall, and driveway. Because the tree was healthy, the Parks Supervisor denied the request and item was appealed to the Beautification Commission. The appeal was denied in July of 2006. The applicant appealed the Commission's decision to the City Council in September of 2006 but the City Council postponed a decision on the appeal and referred the applicant back to the Beautification Commission for a decision to be made after the Commission had established a long range reforestation plan for Easton Drive. The appellant has now submitted documentation and has again requested the Commission reconsider removal of the tree due to root damage to sidewalk, driveway, brick fence and gate, as well as paint damage to the property owner's car caused during entering and exiting driveway. 1 NEW BUSINESS - Appeal of the Denial for the Removal of a City-owned Cupressus Machrocarpa (Monterey Cypress)(a) 1812 Easton Drive—(Contd.) Supervisor Disco stated that the health of the tree is relatively the same as in 2006 (65% healthy), however damage to the driveway and sidewalk had slightly increased due to the continuing growth of the roots and the root flare. He further noted that this situation is unique in that root pruning on the Monterey Cypress cannot be done to mitigate the situation because Cypress tree roots will not regenerate once cut. Supervisor Disco stated that this was a difficult decision because though the tree is in decline, it is still healthy. However, the Commission could make further recommendation and could also consider the financial burden to the homeowner for damage and repairs to the property and if those might outweigh the justification for keeping a tree that had been determined to be only 65%healthy. Supervisor Disco noted that if the Commission were to decide to uphold the appeal, as part of the motion the Commission would also need to determine: 1) Who would pay the cost removal of the Monterey Cypress? 2) Who would pay the cost of the stump removal? 3) Who would pay the cost for the purchase of a 24"box size Eucalyptus citriodora tree? Commissioner McQuaide noted that the roots are pushing up the sidewalk and driveway and asked if ramping over the roots could be done? Supervisor Disco stated that the roots would continue to grow and ramping over the sidewalk in this situation would be a difficult transition. Commissioner Benson asked if shaving down the roots could be done? Supervisor Disco stated that it would expose the root(s) to possible decay and shaving or pruning roots would be too close to the root buttress. Commissioner Benson asked if gravel for the driveway could be used? Supervisor Disco stated that gravel or asphalt for the driveway could be an option, although the asphalt would crack over time. Commissioner McQuaide commented that this is a problem with all trees and why would this be a unique situation? Supervisor Disco responded that this tree is in decline, is only 65% healthy, it is a Monterey Cypress tree on a street (lined with Eucalyptus trees) that has a reforestation plan in place, root pruning could not be conducted on this specie tree unlike other species, and the roots are causing significant damage and cost to the property owner. Commissioner Dittman asked what the cost would be for removal of a tree this size? Supervisor Disco stated a somewhat larger Eucalyptus tree on Easton removed by the City's contractor cost over $10,000 for removal of the tree and stump, and the replanting of Eucalyptus citriuodora, so he thought the overall cost might be in the $5,000 to $8,000 range but clarified that if removal were approved by the Commission, City crews could conduct the removal and replacement planting. Commissioner Benson asked where the new replacement tree would be planted? Supervisor Disco stated the new tree would be planted closer to the curb. There being no further questions or clarifications to Staff from the Commission, V. Chair Wright opened the hearing to the audience. Judy Dostal Schneider stated she requested removal of this tree because the tree is destroying her home; the roots of the tree have caused a safety issue for persons walking on the sidewalk, are lifting her driveway and her brick fence is about to "keel" over. Ms. Schneider continued that the tree should not be able to remain and destroy the beauty of her home; when she looks out the window all she sees is"trunk", and the tree obstructs her view from getting in and out of her driveway. Ms. Schneider concluded her comments stating that damage to her home is a relevant consideration; that this is the third time she has requested removal of the tree, her neighbors support her request, and that this tree is not part of the"canopy of trees on Easton". Bobbi Maniscalco stated that she is Ms. Schneider's realtor, noting that Ms. Schneider does not currently plan to sell her property but if she should at some future time, the damage caused by the tree would need to be disclosed because the roots will continue to grow and cause more damage. Ms. Maniscalco stated that has also observed how dangerous it is for Ms. Schneider getting in and out of her driveway. There being no further comments from the audience on this item, V. Chair Wright closed the public hearing. Commissioner Benson commented that she would be in favor of approving the removal of the tree because it is only 65% healthy and in decline, the curb is crumbling, the property owner will be spending a lot of money fixing the brick fence and as part of the reforestation plan in place on Easton Drive, a Eucalyptus citriodora would grow well over the next 10 years. 2 NEW BUSINESS - Appeal of the Denial for the Removal of a City-owned Cupressus Machrocarpa (Monterey Cypress)(7a, 1812 Easton Drive—(Contd.)- Commissioner McQuaide stated that this is a tough decision but added that, she had a hard time removing a beautiful tree, that the tree had already been "limbed", and although damage had occurred to the sidewalk, driveway, and fence she did not feel that the tree was a "safety" hazard, concluding that as with all the trees on Easton Drive, a resident would just see"trunk",but that is the beauty of all high canopied trees. Commissioner Dittman stated that while walking down Easton Drive, she had seen the tree but had not noticed the driveway problem nor had realized that the tree was in decline. She added that not being able to prune the roots did seem to make this tree a unique to other situations. Commissioner Wright added that she had also walked by this property. She stated that the sidewalk is a safety hazard and she believes it to be dangerous to community members, the value of the property is compromised due to the damage to the driveway, sidewalk, and fence, and the cost of repairs as well as the money already spent by the property owner, outweigh the justification for keeping the tree. Commissioner McQuaide responded that repairs would need to be made whether the tree remained or not; at the time of repair the fence could be moved, different landscaping and/or a different type of entrance could be considered, but the tree is a real asset to the street and the homeowners and other options to removal should be considered. Commissioner Benson countered that the driveway is used everyday by the homeowner and the driveway goes up and down; taking out this one Cypress tree that is in decline, when a reforestation plan is in affect to replant with a Eucalyptus citriodora,would not affect the historic nature of Easton Drive. Following the discussion, Commissioner Dittman moved that the Commission uphold the appeal of the denial, and approve the removal of the Monterey Cypress tree at 1812 Easton Drive, because the tree is in decline, and is a unique situation because root pruning is not an option; and that, the property owner be responsible for the cost of the stump removal and the purchase cost of a 24" box size Eucalyptus citriodora tree; seconded Benson. Motion carried, 3 (approved/Benson, Dittman, and Wright), 1 (opposed/McQuaide), 1 (recused/Lahey), and 2 (absent/Carney and Hunt). Secretary Harvey informed the appellant that she and surrounding property owners would be notified by mail of the Commissions decision, that anyone could appeal the Commission's decision to Council by the date so indicated in the correspondence, and that if no appeals had been received by that date, the Parks Division would be contacting her to schedule the removal and the replacement of the tree. Chairperson Lahey resumed her position as chair of the meeting and returned the posted order of the Agenda. OLD BUSINESS Broadway Planters/Clarification of Maintenance Jurisdictions on Broadway/Ideas for Volunteer Opportunities— Secretary Harvey referenced the Broadway Planters/Maintenance Jurisdiction document that she had developed with input from Supervisor Disco (Parks), Jane Gomery(Public Works), and Ross Bruce (BID) in order to help clarify maintenance responsibilities on Broadway for further assessment of needs. After reviewing with the Commission the different areas of responsibility, Supervisor Disco stated that the Parks crews had weeded and cleaned up leaves in the bulb out; and in keeping with the original streetscape plan would be planting 5 gallon size lantana and lavender plants in the empty spots in the bulb outs (including planting in the bulb out in front of Broadway Grill that had been removed by the business owner). Supervisor Disco also reported that repairs had been made and a watering cycle had been added to the irrigation in the BID pots. 3 OLD BUSINESS - Broadway Planters/Clarification of Maintenance Jurisdictions on Broadway/Ideas for Volunteer Opportunities—(Contd.)- Jane Gomery, Public Works Project Manager for the Broadway Streetscape was introduced. Ms. Gomery reported on the history of how the different maintenance jurisdictions became established as part of the overall Streetscape Project on Broadway, BID's input on the project, as well as the BID's monetary contributions, maintenance agreements, and etc. Commissioner Benson stated that Ross Bruce indicated that BID has hired Community Gate Path to maintain the BID maintenance areas and that the Historical Society has agreed to take 3 of the large pots to place at the Burlingame Avenue train station. Jennifer Pfaff asked if installation of a water spicket is required when a new business comes in on the Avenues. Supervisor Disco stated that he did not know the answer to Ms. Pfaff's question and Secretary Harvey referred Ms. Pfaff to the Building/Planning or Public Works Department for that information. Chairperson Lahey thanked everyone for the information and asked that the Commission consider all that had been reported and then asked that this item be tabled to a future meeting. Secretary Harvey added that two Commissioners, Benson and Carney,had turned in ideas with regard to future volunteer opportunities. Votine for Winner of the 2009 Business Landscape Award- Chairperson Lahey then opened up the discussion from the floor and recognized Jennifer Pfaff. Jennifer Pfaff stated that she had been in attendance at the Council meeting last year when the fust Business Landscape Award had been presented to Solo Bambini. She had noticed Earthbeam doing an amazing job providing the community with beauty around the entire corner fronting their business, using incredible planters. She concluded her comments that she thought Earthbeam is the most beautiful business and anyone, not just customers, could go by and sit and enjoy. The Commission discussed the 4 nominations: • Carr, McClellan, Ingersoll, Thomson&Horn(216 Park Road) • Earthbeam Natural Foods(1399 Broadway) • Le Croissant Caf6(1151 Broadway) • Broadway Grill(1400 Broadway) It was the general consensus of the Commission that all the nominees had met the overall criteria worthy of the award. Following the discussion, Commissioner Wright moved that Earthbeam Natural Foods, 1399 Broadway, be chosen as the winner of the 2009 Business Landscape Award because the landscaping enhances the beauty of the street, enhances the atmosphere, and is outstanding; seconded, Benson. Motion carried (5 — 0 — 2 absent/Carney and Hunt). Commissioner Wright stated she would contact Dale Perkins who has again agreed to do the water color rendering of the winning business; Secretary Harvey noted that this year, Mr. Perkins would be reimbursed for the cost of materials. The Business Landscape Award Committee consisting of Commissioners Wright, Benson, and McQuaide will reconvene to arrange for publicity and notification of this year's winner; Secretary Harvey added that a letter would also go out to the winner on Commission letterhead. The award will be presented to the winner at a September 2009 Council meeting. Street Tree Fundraisine—Art in the Park Booth—Sunday,June 14`h— The Commission briefly discussed the Art in the Park booth. Commissioner Dittman agreed to pick up and return display items and flyers at the Rec Center and will set up the booth. Commissioners Dittman, Hunt, and Carney agreed to operate the booth for the day. 4 NEW BUSINESS Consideraton of Cancellation of the July 2, 2009 Beautification Commission Meeting Due to July 4"' Holiday Schedule Following a brief discussion, it was a general consensus of those present that the meeting of July 2nd be cancelled until the next regularly scheduled meeting of the Commission on August 6, 2009. REPORTS Supervisor Disco 1) City Attorney Gus Guinan confirmed that "proxy voting" on City agenda items is forbidden and would violate the Brown Act. 2) Jane Gomery (PW) clarified that the BID is responsible for the large Broadway Planters and may do with them as they wish. 3) CalTrans is scheduled to plant ivy on the new wall on Rollins Road but will not be doing any landscaping until after completion of the overpasses; approximately in another 1 or 2 years. 4) Pine tree near W.P. Tennis Courts was removed and would be replaced with and Accolade Elm in October. 5) Corrections were made with to the updated Urban Forest Management Plan with regard to Rotation of Officers and Commission meeting time. 6) P.G.& E. will be trimming the Eucalyptus trees on the west side of El Camino between Bellevue and Floribunda Avenues including a large Eucalyptus on the north west corner of Bellevue. Commissioner Wright Commissioner Wright proposed that the winner of last year's Business Landscape Award, Solo Bambini, be invited to attend this year's award presentation to Earthbeam in September. The Commission was in agreement with the proposal. Commissioner Benson Commissioner Benson reported that she trimmed plants in the Burlingame Avenue planters and will be replanting red geraniums on Broadway from the old Wells Fargo building off Burlingame Avenue. There being no further business, the meeting adjourned at 8:00 p.m. Respectfully submitted, Karlene arvey Recording Secretary 5 POLICE DEPARTMENT BURLINGAME City of Burlingame Jack L. Van Etten Chief of Police May 28, 2009 Honorable Mayor and Members of the City Council: Police Department statistics and highlights for the month of April, 2009 DEPARTMENTAL INFORMATION: -One new recruit officer(funded with the state COPS grant)is in the 6 month Police Academy -Two new officers are completing the FTO Program -One sworn officer(19 months)remains out on long-term leave -Neighborhood Watch presentations continue(upon community request) -Citizen crime identification system"Crimereports.com"is in place;RapidNotify(a reverse 911 notification system) is currently in use by the police department,CCFD and PW -BPD continues its involvement with the County Gang Task Force which is currently in maintenance mode throughout the winter/spring months -Reported Part 1 crimes in Burlingame for April are down slightly from last year(73)compared to(77)and YTD (299 vs 323);while Part 2 crimes for April are also down slightly from last year(147)compared to(178)and YTD (673 vs 716). Our community should NEVER take safety for granted. We have seen a decrease in reported crimes for the past several years,due to the diligence of our police department. However,with the downturn in the economy,unemployment and uncertainty,crime will certainly be on the rise at some point in time in all communities,as well as ours TRAFFIC AND PARKING INFORMATION: -Moving citations continue to increase for YTD: 2,029 vs 1,675 (the same time last year).As mentioned,this is due to specialized traffic motorcycle officer enforcement,selective enforcement of citizen generated traffic complaints in problem areas by patrol officers and the diligence of our new officers;all of which are committed to our community's safety -Parking citation totals have also increased YTD 12,706 vs 11,083 (the same time last year). -Red Light photo enforcement is actively working at ECR and Broadway -The pilot daytime parking permit program will be considered for permanent status(by Council)in June MONTHLY STATISTICAL INFORMATION: -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 to contact me if you have any questions. 1 t7hief k Van Etten Burlingame Police Department 1111 Trousdale Drive-Post Office Box 551-Burlingame,California 94011-0551-(650)777-4100-Fax(650)697-8130 05-28-09 SUMMARY OF PART ONE OFFENSES PAGE: 1 FOR: APRIL, 2009 Prev Last Act Act YTD YTD Crime Classification.................... Current Year.. YTD... YTD... Change % Change Murder and Nonnegligent Manslaughter 0 0 0 0 0 Manslaughter by Negligence 1 0 1 0 1 Rape By Force 0 0 1 2 -1 -50.00 Attempt to Commit Forcible Rape 0 0 0 0 0 Robbery Firearm 0 0 3 1 2 200.00 Robbery Knife L 0 2 2 0 0.00 Robbery Other Dangerous Weapon L 0 2 0 2 Robbery Strong-Arm :3 1 4 3 1 33.33 Assault - Firearm 0 0 0 0 0 Assault - Knife 0 1 1 1 0 0.00 Assault - Other Dangerous Weapon 1 1 12 5 7 140.00 Assault - Hands,Fists,Feet 0 1 3 5 -2 -40.00 Assault - Other (Simple) 8 16 43 42 1 2.38 Burglary - Forcible Entry 2 4 11 23 -12 -52.17 Burglary - Unlawful Entry 3 8 23 30 -7 -23.33 Burglary - Attempted Forcible Entry 0 1 4 4 0 0.00 Larceny Pocket-Picking 0 0 0 0 0 Larceny Purse-Snatching 0 0 0 1 -1 -100.00 Larceny Shoplifting 5 0 15 7 8 114.29 Larceny From Motor Vehicle 16 19 80 80 0 0.00 Larceny Motor Veh Parts Accessories 6 5 19 37 -18 -48.65 Larceny Bicycles 3 1 6 5 1 20.00 Larceny From Building 7 9 26 26 0 0.00 Larceny From Any Coin-Op Machine 3 0 5 0 5 Larceny All Other 7 6 22 24 -2 -8.33 Motor Vehicle Theft Auto 5 2 14 15 -1 -6.67 Motor Vehicle Theft Bus 1 0 2 7 -5 -71.43 Motor Vehicle Theft Other 0 2 0 3 -3 -100.00 73 77 299 323 74 77 299 323 05-28-09 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 1 CITY REPORT FOR: APRIL, 2009 Prev Last Act Act YTD YTD Crime Classification.................... Current Year.. YTD... YTD... Change Change All Other Offenses 41 39 152 142 10 7.04 Animal Abuse 0 0 0 0 0 Animal.Nuisance 0 0 0 0 0 Arson 2 0 4 4 0 0.00 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 0 0 0 1 -1 -100.00 Bribery 0 0 0 0 0 Check Offenses 1 2 1 3 -2 -66.67 Child Neglect/prot custody 3 6 17 19 -2 -10.53 Computer Crime 0 0 0 0 0 Conspiracy 0 0 0 0 0 Credit Card Offenses 0 0 4 1 3 300.00 Cruelty to Dependent Adult 0 0 0 0 0 Curfew and Loitering Laws 0 0 1 0 1 Death Investigation L 2 7 10 -3 -30.00 Disorderly Conduct 1 2 1 3 -2 -66.67 Driver's License Violations 0 0 1 1 0 0.00 Driving Under the Influence 4 7 27 36 -9 -25.00 Drug Abuse Violations 3 4 9 10 -1 -10.00 Drug/Sex Registrants/Violations 0 0 0 0 0 Drunkeness 4 5 8 13 -5 -38.46 Embezzlement 0 0 3 1 2 200.00 Escape 0 0 0 0 0 Extortion 0 0 0 0 0 - False Police Reports 1 0 1 0 1 False Reports of Emergency 0 0 0 0 0 Fish and Game Violations 0 0 0 0 0 Forgery and Counterfeiting 2 4 11 20 -9 -45.00 Found Property 4 �5 18 24 -6 -25.00 Fraud 3 1 8 5 3 60.00 Gambling 0 0 0 0 0 Harrassing Phone Calls 0 4 4 6 -2 -33.33 05.-28-09 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 2 CITY REPORT FOR: APRIL, 2009 Prev Last Act Act YTD YTD Crime classification.................... Current Year.. YTD... YTD... Change % Change Hit and Run Accidents 1 2 8 10 -2 -20.00 Impersonation 1 0 1 1 0 0.00 Incest 0 0 0 0 0 Indecent Exposure 0 2 0 2 -2 -100.00 Intimidating a Witness 0 0 0 0 0 Kidnapping 0 0 0 0 0 Lewd Conduct 0 0 0 0 0 Liquor Laws 0 0 14 0 14 Littering/Dumping 0 0 0 0 0 Marijuana Violations 2 1 9 4 5 125.00 Mental Health Cases 8 6 38 23 15 65.22 Missing Person 3 5 8 11 -3 -27.27 Missing Property 6 2 21 15 6 40.00 Municipal Code violations 7. 4 11 18 -7 -38.89 Narcotics Sales/Manufacture 0 0 0 1 -1 -100.00 Offenses Against Children 0 1 3 2 1 50.00 Other Assaults 8 16 43 42 1 2.38 Other Juvenile Offenses 0 1 1 7 -6 -85.71 Other Police Service 1 2 3 11 -8 -72.73 Pandering for immoral purposes 0 0 0 0 0 Parole Violations 0 1 1 3 -2 -66.67 Perjury 0 0 0 0 0 Possession of Burglary Tools 0 0 0 1 -1 -100.00 Possession of drug paraphernalia 0 0 0 0 0 Possession of obscene literature;picture 0 0 0 0 0 Probation Violations 0 0 1 1 0 0.00 Prostitution and Commercial Vice 0 0 0 0 0 Prowling 0 0 3 0 3 Resisting Arrest 0 0 0 2 -2 -100.00 Restraining Orders 0 0 0 1 -1 -100.00 Runaways (Under 18) 0 0 0 0 0 Sex Offenses 0 0 1 0 1 Sex Offenses against Children 0 1 0 2 -2 -100.00 Sodomy 0 0 0 0 0 Stalking 0 0 0 0 0 05-28-09 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 3 ' CITY REPORT FOR: APRIL, 2009 Prev Last Act Act YTD YTD Crime Classification.................... Current Year.. YTD. . . YTD... Change Change Statutory Rape 0 0 0 0 0 Stolen Property;Buying;Receiving;Possess 1 1 1 2 -1 -50.00 Suspended License 2 2 23 15 8 53.33 Tax Evasion 0 0 0 0 0 Terrorist Threats 0 0 0 4 -4 -100.00 Towed Vehicle 18 19 94 116 -22 -18.97 Trespassing 2 0 5 2 3 150.00 Truants/Incorrigible Juvs 0 0 0 0 0 US Mail Crimes 0 0 0 0 0 Vagrancy 0 0 0 0 0 Vandalism 9 13 52 61 -9 -14.75 Vehicle Code Violations 6 7 21 17 4 23.53 Violation of Court Order 1 1 6 7 -1 -14.29 Warrants - Felony 0 1 3 7 -4 -57.14 Warrants - Misd 6 8 23 27 -4 -14.81 Weapons;Carrying,Possessing 0 1 2 2 0 0.00 Welfare Fraud - 0 0 0 0 0 ------- ------ ------ ------ 147 178 673 716 _=--147 ---178 ---673 _--716 05-28-09 MONTHLY SUMMARY OF CITATIONS PAGE : 1 CITY REPORT FOR: APRIL, 2009 Prev Last Act Act Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD. . . Parking Citations 2917 1, 929 12 , 706 11, 083 Moving Citations 451 431 2 , 029 1, 675 ----- -- ------ ------ ------ 3368 2 , 360 14 , 735 12 , 758 ------- ------ ------ ------ ------- ------ ------ ------ 3368 2 , 360 14 , 735 12 , 758 BURLINGAME Officer Productivity. . . . generated on 05/28/2009 at 02 : 29 : 06 PM Reported On: All Officers Report Range : 04/01/2009 to 04/30/2009 Data Type Reported on: PARKING Valid All Voids All o Officer: ID: Cnt valid Cnt Voids valid ------------------------------------------------------------------------------------------------------------------------ ALVISO 355 680 25.31 17 28.33 97.56 DOTSON 509 558 20.77 10 16.67 98.24 MACDEVITT 511 496 18.46 14 23.33 97.25 SERRANO 510 701 26.09 14 23.33 98.04 SMITH 654 252 9.38 5 8.33 98.05 Total 2687 60 Page 1 of 1 City of Burlingame MAY PERMIT ACTIVITY " Permit activity was slow in all sectors during the month of May. Commercial activity, which has been strong during the last year, was down by 40%this month.There were no permits issued for new buildings during the month of May. " A pre-application meeting was held for a proposed "ready-to-eat'food establishment at 240 Park Road. THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2009 F. Y.2008 DIFF Permit Type # # % # # % WATER HEATED 5 5,872 15 32,351 33 54,459 -41 SWIMMING POOL 1 21,500 3 119,000 7 172,500 -31 SIGN 1 2,000 6 24,150 -92 27 129,833 43 173,165 -25 ROOFING 10 118,959 18 263,597 -55 151 2,260,335 209 3,005,440 -25 RETAINING WALL 1 4,000 1 75,000 -95 PLUMBING 6 50,655 7 37,800 34 110 436,094 122 459,985 -5 NEW SFD 1 500,000 11 6,825,000 7 3,895,000 75 NEW COMMERCIAL 1 5,347,500 1 42,000,000 -87 NEW 5 UNIT APT OR CO 1 2,500,000 NEW 3 OR 4 UNIT APT MECHANICAL 2 15,610 28 193,058 34 229,523 -16 KITCHEN UPGRADE 2 60,000 27 886,904 48 1,582,543 -44 FURNACE 12 97,633 20 93,949 4 ELECTRICAL SERVICE 1 3,500 22 74,200 25 104,465 -29 City of Burlingame MAY PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2009 F. Y.2008 DIFF Permit Type # # % # # % ELECTRICAL 5 32,800 3 28,900 13 42 483,781 49 252,729 91 i BATHROOM UPGRADE 3 41,500 5 92,000 -55 38 645,779 50 858,259 -25 ALTERATION RESIDENTI 21 749,000 39 2,006,451 -63 264 12,321,591 368 15,726,828 -22 ALTERATION NON RES 10 1,986,120 6 3,202,000 -38 104 30,002,529 95 17,827,664 68 Totals: 58 2,996,644 94 6,245,770 -52 857 62,359,587 1,112 86,511,510 -28 CITY OF BURLINGAME Portfolio Management Portfolio Summary May 31, 2009 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 24,812,765.93 24,812,765.93 24,812,765.93 55.36 1 1 1.532 1.553 Federal Agency Issues-Coupon 18,000,000.00 18,252,000.00 17,994,654.91 40.15 1,747 1,381 4.049 4.106 Miscellaneous Securities-Coupon 2,000,000.00 2,003,000.00 2,016,120.00 4.50 242 21 4.192 4.250 44,812,765.93 45,067,765.93 44,823,540.84 100.00% 713 556 2.662 2.699 Investments Total Earnings May 31 Month Ending Fiscal Year To Date Current Year 103,984.53 1,245,220.71 Average Daily Balance 44,316,789.18 37,729,897.68 Effective Rate of Return 2.76% 3.60% 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 availa lity of some of these funds is restricted by law(e.g. Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). I 1/a.•rG A"t JE", FINANCE DIR./TREASURER Reporting period 05/01/2009-05/31/2009 Portfolio CITY CP Run Dale:06/09/2009-14:35 PM(PRF_PM1)SymRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments May 31, 2009 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAW&County Pool SYS77 77 LOCAL AGENCYINV.FD. 23,651,365.32 23,651,365.32 23,651,365.32 1.530 1.530 1 SYS79 79 S M COUNTY POOL 1,161,400.61 1,161,400.61 1,161,400.61 2.020 Aaa 2.020 1 Subtotal and Average 24,306,014.27 24,812,765.93 24,812,765.93 24,812,765.93 1.553 1 Federal Agency Issues-Coupon 31331YGR5 545 FEDERAL FARM CREDIT BANK 12/07/2007 1,000,000.00 1,020,300.00 1,000,000.00 4.490 4.490 1,285 12/07/2012 31331Y4Y3 559 FEDERAL FARM CREDIT BANK 07/30/2008 1,000,000.00 1,007,500.00 1,000,000.00 5.000 5.000 1,520 07/30/2013 3133XMKS9 541 FEDERAL HOME LOAN BANK 10/22/2007 1,000,000.00 1,018,000.00 1,000,000.00 5.020 Aaa 5.020 1,239 10/22/2012 3133XMSW2 544 FEDERAL HOME LOAN BANK 11/16/2007 1,000,000.00 1,020,000.00 1,000,000.00 4.850 Aaa 4.850 1,264 11/16/2012 3133XNW21 546 FEDERAL HOME LOAN BANK 01/07/2008 1,000,000.00 1,003,900.00 1,000,000.00 4.375 Aaa 4.375 1,316 01/07/2013 3133XNYV5 547 FEDERAL HOME LOAN BANK 01/22/2008 1,000,000.00 1,019,600.00 1,000,000.00 4.050 Aaa 4.050 1,331 01/22/2013 3133XP3C6 548 FEDERAL HOME LOAN BANK 01/29/2008 1,000,000.00 1,020,200.00 1,000,000.00 4.000 Aaa 4.000 1,338 01/29/2013 3133XQEH1 549 FEDERAL HOME LOAN BANK 03/18/2008 1,000,000.00 1,008,800.00 1,000,000.00 4.000 Aaa 4.000 1,386 03/18/2013 3133XQZT2 552 FEDERAL HOME LOAN BANK 04/30/2008 1,000,000.00 1,026,300.00 1,000,000.00 4.000 Aaa 4.000 1,429 04/30/2013 3133XRYR5 560 FEDERAL HOME LOAN BANK 08/22/2008 1,000,000.00 1,025,400.00 1,000,000.00 4.400 Aaa 4.400 1,543 08/22/2013 3133XS7K8 561 FEDERAL HOME LOAN BANK 09/25/2008 1,000,000.00 1,011,400.00 1,000,000.00 4.000 Aaa 4.000 1,212 09/25/2012 3133XSA24 562 FEDERAL HOME LOAN BANK 10/01/2008 1,000,000.00 1,011,100.00 1,000,000.00 4.250 Aaa 4.250 1,583 10/01/2013 3128X6AZ9 538 FEDERAL HOME LOAN MORTG.CORP. 08/30/2007 1,000,000.00 1,000,300.00 1,006,000.00 5.400 Aaa 5.254 1,099 06/04/2012 3128X7RW6 554 FEDERAL HOME LOAN MORTG.CORP. 06/09/2008 1,000,000.00 1,027,100.00 991,154.91 4.000 Aaa 4.200 1,442 05/13/2013 3128X7W26 566 FEDERAL HOME LOAN MORTG.CORP. 10/16/2008 1,000,000.00 1,037,900.00 997,500.00 4.375 Aaa 4.432 1,555 09/03/2013 3128X8YZ9 570 FEDERAL HOME LOAN MORTG.CORP. 04/30/2009 1,000,000.00 984,300.00 1,000,000.00 2.125 Aaa 2.125 1,794 04/30/2014 3136FHAL9 568 FANNIE MAE 02/19/2009 1,000,000.00 1,009,700.00 1,000,000.00 2.200 Aaa 2.200 809 08/19/2011 3136F97K3 569 FANNIE MAE 02/18/2009 1,000,000.00 1,000,200.00 1,000,000.00 3.250 Aaa 3.250 1,723 02/18/2014 Subtotal and Average 17,994,654.91 18,000,000.00 18,252,000.00 17,994,654.91 4.106 1,381 Miscellaneous Securities -Coupon 13063A3P7 567 CA ST-RANS-A 10/23/2008 2,000,000.00 2,003,000.00 2,016,120.00 5.500 4.250 21 06/22/2009 Subtotal and Average 2,016,120.00 2,000,000.00 2,003,000.00 2,016,120.00 4.250 21 Total and Average 44,316,789.18 44,812,765.93 45,067,765.93 44,823,540.84 2.699 556 Portfolio CITY CP Run Date:06/09/2009-14:35 PM(PRF_PM2) mRept 6.41.202_ 1 _port Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Activity By Type May 1, 2009 through May 31, 2009 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS79 79 S M COUNTY POOL 2.020 621,096.01 0.00 Subtotal 24,191,669.92 621,096.01 0.00 24,812,765.93 Federal Agency Issues-Coupon 31331YJ76 553 FEDERAL FARM CREDIT BANK 4.250 05/01/2009 0.00 1,000,000.00 Subtotal 18,994,654.91 0.00 1,000,000.00 17,994,654.91 Miscellaneous Securities-Coupon Subtotal 2,016,120.00 2,016,120.00 Total 45,202,444.83 621,096.01 1,000,000.00 44,823,540.84 Portfolio CITY CP Run Date:06/09/2009-14:35 PM(PRF_PM3)Sym Rept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 4 Activity Summary May 2008 through May 2009 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 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 November 2008 26 32,766,685.78 3.911 3.966 2.547 0 1 1,218 1,046 December 2008 25 38,128,735.98 3.619 3.669 2.373 0 1 1,010 848 January 2009 23 39,451,958.47 3.332 3.378 2.038 0 2 920 759 February 2009 25 40,931,168.88 3.249 3.294 1.859 2 0 954 782 March 2009 23 37,001,923.84 3.203 3.247 1.797 0 2 917 727 April 2009 22 45,202,444.83 2.897 2.937 1.904 1 2 747 597 May 2009 21 44,823,540.84 2.662 2.699 1.553 0 1 713 556 Average 23 38,824,542.28 3.547% 3.596% 2.461 1 1 966 816 Portfolio CITY CP Run Date:06/09/200 '"'35 PM(PRF(44)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 5 Distribution of Investments By Type May 2008 through May 2009 May June July August September October November December January February March April May Average Security Type 2008 2008 2008 2008 2008 2008 2008 2008 2009 2009 2009 2009 2009 by Period LAW&County Pool 50.6 52.4 47.5 43.4 35.4 18.9 20.6 34.4 41.7 38.9 40.5 53.5 55.4 41.0% 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 49.4 47.6 52.5 56.6 64.6 75.1 73.2 60.3 53.2 56.2 54.0 42.0 40.2 55.8% Federal Agency Issues-Discount Treasury Securities-Coupon Treasury Securities-Discount Miscellaneous Securities-Coupon 6.1 6.2 5.3 5.1 4.9 -5.5- 4.5 4.5 3.2% 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:06/09/2009-14:35 PM(PRF_PM5)SymRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Interest Earnings Summary May 31, 2009 May 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 65,500.00 866,688.89 Plus Accrued Interest at End of Period 252,815.64 252,815.64 Less Accrued Interest at Beginning of Period ( 247,485.70) ( 192,079.56) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 70,829.94 927,424.97 Adjusted by Capital Gains or Losses 0.00 3,750.00 Earnings during Periods 70,829.94 931,174.97 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 0.00 416,029.30 Plus Accrued Interest at End of Period 408,281.92 408,281.92 Less Accrued Interest at Beginning of Period ( 375,127.33) ( 510,265.48) Interest Earned during Period 33,154.59 314,045.74 Total Interest Earned during Period 103,984.53 1,241,470.71 Total Capital Gains or Losses 0.00 3,750.00 Total Earnings during Period 103,984.53 1,245,220.71 Portfolio CITY CP Run Dale:06/09/2009-14,35 PM(PRF_PM6)SyrnRept 6.41.202a / / Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Portfolio Summary May 31, 2009 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 10,960,392.49 10,960,392.49 10,960,392.49 100.00 1 1 1.509 1.530 10,960,392.49 10,960,392.49 10,960,392.49 100.00% 1 1 1.509 1.530 Investments Total Earnings May 31 Month Ending Fiscal Year To Date Current Year 15,250.95 207,714.55 Average Daily Balance 11,191,037.65 Effective Rate of Return 1.60% I' 9 t�u�f Zoo1 J US NAVA, FINANCE DIR./TREASURER Reporting period 05/01/2009-05/31/2009 Portfolio 07BD CP Run Date:06/09/2009-14:35 PM(PRF_PM1)SymRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments May 31, 2009 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 10,960,392.49 10,960,392.49 10,960,392.49 1.530 1.530 1 Subtotal and Average 11,191,037.65 10,960,392.49 10,960,392.49 10,960,392.49 1.530 1 Total and Average 11,191,037.65 10,960,392.49 10,960,392.49 10,960,392.49 1.530 1 Portfolio 07BD CP Run Date:06/09/2009-14:35 PM(PRF_PM2)SyrnRept 6.41.202a \ aport Ver.5.00