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HomeMy WebLinkAboutAgenda Packet - CC - 2009.11.16 CITY G BURLINGAME AF o� n $Fico Awa[6. BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING REVISED A G E N D A Monday, November 16, 2009 STUDY SESSION: 6:00 p.m. - Conference Room A a. Water and Sewer Capital Improvement Program and rates 1. CALL TO ORDER—7:00 p.m.—Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. APPROVAL OF MINUTES —Regular Council Meeting of November 2, 2009 5. PRESENTATIONS a. Children's Bill of Rights Presentation to the City b. High Speed Rail update c. Proclamation for five-time Mayor, Rosalie M. O'Mahony 10 MINUTE RECESS 6. PUBLIC HEARINGS a. Request for a finding of Public Convenience and Necessity(PCN)pursuant to Section 23958.4 of the California Business and Professions Code, related to a request for an alcoholic beverage sales permit issued through the California Alcoholic Beverage Control Board (ABC), for a BEVMO retail store to be located at 1462 Burlingame Avenue 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. b. Application for Tentative and Final parcel map for a lot split of parcel A, Block 4, Burlingame Hills No.2, 12 Vista Lane—PM 09-04, and variance for lot frontage for creation of two lots with 55-foot wide street frontage where 60 ft. of street frontage is required, on property at 12 Vista Lane, located within a single-family residential (R-1) zone (THIS ITEM HAS BEEN PULLED FROM THE AGENDA AND WILL NOT BE HEARD AT THE REQUEST OF THE STAFF AS DISCUSSED IN THE STAFF REPORT) c. Adopt Ordinance for amendments to Chapter 25,16,130 of Title 25 of the Municipal Code to increase the time limit for exercise of variance, conditional use permit, special permit, or condominium permit and to amend the time limit for extensions, and to amend chapter 25,57.030 to clarify the appeal period for design review applications d. Public Hearing and Resolution amending the Parks and Recreation fees in the City of Burlingame master fee schedule 7. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 8. STAFF REPORTS AND COMMUNICATIONS a. First Quarter Financial Report b. Recreation Center seismic study update c. Consider Appointments to Traffic, Safety&Parking Commission 9. APPROVAL OF CONSENT CALENDAR a. Approve lease agreement with T-Mobile Corporation for antenna placement in Washington Park b. Adopt Resolution authorizing a Professional Services Agreement with Kennedy Jenks for construction management of the Burlingame Gate/Grove/Village subdivisions water main replacement project c. Adopt Resolution authorizing participation in the State of California Urban Forestry Grant Program d. Consider appointment to San Mateo County Mosquito and Vector Control District Board of Trustees, Burlingame representative e. Local Taxpayer, Public Safety and Transportation Protection Act 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. f. Resolution approving the Proposition 218 solid waste rate setting process 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS/AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 11. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 12. OLD BUSINESS 13. NEW BUSINESS a. Appointment of Councilman Jerry Deal to the Joint Powers Board b. Confirm Council Members attending the meeting with Union Pacific representative c. Discuss endorsement of candidate to fill vacant Transportation Authority position 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, September 15, 2009; Planning, October 26, 2009, b. Department Reports: Building, October 2009, Finance, October 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.btirlingame.org. Agendas and minutes are available at this site. NEXT REGULAR CITY COUNCIL MEETING—MONDAY, DECEMBER 7, 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 BURLINGAME 9fo, ao $,wrco mune O BURLINGAME CITY COUNCIL Unpproved Minutes Regular Meeting of November 2, 2009 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 with Labor negotiators, gave direction to the Labor negotiators, and were updated on the status of labor negotiations on the following: City Negotiators: Jim Nantell, Glenn Berkheimer Employee Organizations: Police Administrators, Police Officers Association, There was no further reportable action. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Gino Gasparini. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Vice Mayor Baylock made a motion to approve the minutes of the October 19, 2009 regular Council meeting; seconded by Councilman Deal. 5. PUBLIC HEARINGS a. ADOPT ORDINANCE NO. 1841 REPEALING CHAPTER 3.48, CIVIL SERVICE COMMISSION, AND SECTION 3.052.04, APPEAL HEARINGS, AND AMENDING SECTION 3 52.030 OF TITLE 3 OF THE BURLINGAME MUNI CIPAL CODE; ADOPTION OF A RESOLUTION AMENDING THE CIVIL SERVICE RULES; AND ADOPTION OF A RESOLUTION DELEGATING THE CITY MANAGER THE AUTHORITY TO DETERMINE INDUSTRIAL DISABILITY OF SAFETY MEM BERS 1 Burlingame City Council November 2,2009 Unapproved Minutes CA Guinan reviewed the staff report and requested Council adopt Ordinance No. 1841-2009 eliminating the Civil Service Commission based on the decision of the City Council at the September 8, 2009 Council meeting. Mayor Keighran opened the public hearing. Burlingame residents Stephen Hamilton and Michael Brownrigg spoke. There were no further comments from the floor, and the hearing was closed. Council requested that a report from the Municipal Employees Relations Committee be placed on an agenda for a Council meeting in February or March 2010. Mayor Keighran requested CC Kearney read the title of the proposed ordinance repealing Chapter 3.48, Civil Service Commission, and section 3.052.04, Appeal Hearings, and amending Section 3.52.030 of title 3 of the Burlingame Municipal Code. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion to approve adoption of Ordinance No. 1841; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran requested CC Kearney publish a summary of the ordinance within 15 days of adoption. b. APPEAL OF THE PLANNING COMMISSION'S DENIAL WITH PREJUDICE OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE TO BE USED FOR RECREATIONAL PURPOSES ON PROPERTY LOCATED AT 349 LEXINGTON WAY CCD Meeker requested Council hold a public hearing on the appeal of the application for a conditional use permit for an accessory structure to be used for recreational purposes on property located at 349 Lexington Way 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 City Council may consider the following alternatives (1) deny the appeal and uphold the Planning Commission's action denying the application for conditional use permit for a recreational area in an accessory structure; or(2) grant the appeal, and approve the project subject to conditions. Mayor Keighran opened the public hearing. Marie Nasser, applicant and owner of the property, and Leigh Prince, attorney for the applicant, spoke about the project. Barry Chandler, contractor for the project stated that he has done work in Burlingame. Burlingame residents Steve Dwyer, Fred Stirm and Pat Giorni all spoke against the project. There were no further comments from the floor, and the hearing was closed. Councilwoman Nagel made a motion to uphold the Planning Commission's decision and deny the conditional use permit; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 6. PUBLIC COMMENTS Mayor Keighran opened the public comments. Carolyn Wylie, Field Representative/Caseworker for Congresswoman Jackie Speier introduced herself as the new liaison for the City. 2 Burlingame City Council November 2, 2009 Unapproved Minutes The following Burlingame citizens spoke: Michael Brownrigg spoke on item 8d and spoke about the artists' project in front of Peninsula Hospital; Pat Giorni spoke on item 7a, and urged everyone to vote. 7. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE FOR AMENDMENTS TO TITLE 25 OF THE MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOMINIUM PERMIT AND TO AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS CDD Meeker reviewed the staff report and requested Council consider amending the zoning code to increase the initial time limit for exercising approvals by the Planning Commission and City Council from one year to three years; amend the number and time limit for extensions from a one year extension to a one-time, two- year extension; provide for the application of the proposed time limit amendments to approvals that have not yet expired, or are still within an approved one-year extension; and clarify and amend the appeal period for design review applications from 7 days to 10 days to be consistent with appeal periods for other applications. CDD Meeker said the item was returned to the Planning Commission on October 26, 2009 to add the sunset clause, as requested by the Council at their October 5, 2009 meeting. Councilman Deal wanted it noted that this does not apply to building permits. Mayor Keighran requested CC Kearney read the title of the proposed ordinance amending Chapter 25.16.130 of Title 25 to increase the time limit for exercise of variance, conditional use permit, special permit, or condominium permit, and to amend the time limit for extensions, and to amend Chapter 25.57.030 to clarify the appeal period for design review applications. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Baylock made a motion to introduce the proposed ordinance; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. b. STORM DRAINAGE CAPITAL IMPROVEMENT PROGRAM IMPLEMENTATION UPDATE DPW Murtuza introduced Matt Zucca of Erler&Kalinowski who gave a Capital Improvement Program Update presentation. Mayor Keighran stated there will be additional updates throughout the year. C. ADOPT A RESOLUTION AUTHORIZING THE FORMATION OF THE STORM DRAINAGE PROGRAM CITIZENS OVERSIGHT COMMTTEE DPW Mutuza reviewed the staff report and requested Council adopt Resolution No. 96-2009 establishing the City's Storm Drain Fee Oversight Committee. 3 Burlingame City Council November 2,2009 Unapproved Minutes Councilwoman O'Mahony made a motion to approve Resolution No. 96-2009; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. d. CONSIDER APPOINTMENTS TO PARKS & RECREATION COMMISSION Council interviewed the two incumbents, John Eaton and Susan Castner-Paine on October 21, 2009 and agreed to reappoint them to the Commission for a three year term, ending in October 2012. Councilman Deal made a motion to reappoint the two incumbents; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. e. CONSIDER APPOINTMENTS TO BEAUTIFICATION COMMISSION Council interviewed the four applicants on October 21, 2009 and agreed they were all very qualified. They decided to reappoint the three incumbents, Donna Wright, Mary Hunt, and Leslie McQuaide. Vice Mayor Baylock made a motion to reappoint the three incumbents; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. 8. CONSENT CALENDAR Mayor Keighran requested that item 8c be removed for a presentation; Councilwoman Nagel requested that 8d be removed from the Consent Calendar for further discussion. Vice Mayor Baylock made a motion to approve Items 8a, b, e, f, g, and h of the Consent Calendar; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. a. ADOPT A RESOLUTION APPROVING A TEN-YEAR AGREEMENT WITH SOUTH BAY RECYCLING, LLC FOR THE OPERATION OF THE SHOREWAY RECYCLING AND DISPOSAL CENTER FinDir Nava requested Council adopt Resolution No. 97-2009 approving an agreement for the operation of the Shoreway Recycling and Disposal Center. b. ADOPT A RESOLUTION ACCEPTING 2009 FEDERAL ARRA GRANT STREET RESURFACING PROJECT AWARDED TO GALLAGHER& BURK DPW Murtuza requested Council adopt Resolution No. 98-2009 accepting the 2009 Federal ARRA grant street resurfacing program. C. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT WITH RECOLOGY SAN MATEO COUNTY FOR RECYCLABLE MATERIALS, ORGANIC MATERIALS AND SOLID WASTE COLLECTION SERVICES FinDir requested Council adopt Resolution No. 99 -2009 authorizing the City Manager to execute a franchise agreement with Recology San Mateo County. 4 Burlingame City Council November 2, 2009 Unapproved Minutes Mario Puccinelli, representing Recology, gave a presentation about the company and outlined the many services they will be offering the residents of Burlingame when the contract commences in January 2011. Vice Mayor Baylock made a motion to approve item 8c and adopt the Resolution; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. d. ADOPT A RESOLUTION TO PERMANENTLY ADOPT RESIDENTIAL PARKING PERMIT PROGRAM COP Van Etten requested Council adopt Resolution No. 100-2009 permanently establishing preferential parking areas and policies to be applied in connection with those areas. Councilwoman Nagel requested clarification as to where the residential permit is currently in place. COP Van Etten provided clarification on the areas and reviewed the process for applying for a permit. Councilwoman O'Mahony made a motion to approve item 8d and adopt the Resolution; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. e. APPROVAL FOR YOUNG ADULT SERVICES LIBRARIAN TO ATTENL OUT-OF-STATE CONFERENCE CL Escoffier requested Council approve out-of-state travel for Amy Pelman to attend Library Association Mid-Winter Conference in Chicago, Illinois. f. REQUEST FROM BROADWAY MERCHANTS TO HAVE A CHILDREN'S SNOW GARDEN ON CAPUCHINO AVENUE ON DECEMBER 5, 2009 Mr. Broadway, Ross Bruce requested Council approve closure of a portion of Capuchino Avenue from 2:00 p.m. to 9:00 p.m. on Saturday, December 5, 2009. g. ADOPT A RESOLUTION TO APPROVE 2009 TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND TO GIVE NOTICE OF INTENT TO LEVY ASSESSMENTS FOR THE 2010 YEAR CA Guinan requested Council approve Resolution No. 101-2009 declaring its intention to levy 2010 annual assessments for the San Mateo County Tourism Business Improvement District. h. SECURITIZATION OF PROPOSITION 1A LOAN TO THE STATE OF CALIFORNIA IN THE AMOUNT OF $1.1 MILLION FinDir Nava requested Council authorize the Proposition I loan to the State of California in the amount of $1.14 million and authorize the use of General Fund reserves to augment any potential budgetary shortfall until repayment of the loan in 2013. 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. 5 Burlingame City Council November 2,2009 Unapproved Minutes 10. PUBLIC COMMENTS Burlingame resident Pat Giomi spoke on several items; Burlingame resident Charles Voltz spoke about bicycle riding and the first new bicycle lane on Howard Avenue; Burlingame resident Russ Cohen spoke on several items. There were no further comments. 11. OLD BUSINESS Councilman Deal requested that the position on the Joint Powers Board be on a future agenda. 12. NEW BUSINESS 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning, October 13, 2009; Parks & Recreation, October 15, 2009 b. Department Reports: Police, September 2009 C. Letter from Comcast regarding account billing d. Letter from AT&T concerning programming change 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:49 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 6 Burlingame City Council November 2,2009 Unapproved Minutes AWAJL AL Peninsula Peninsula Partnership Leadership Council Pen:nsula Partnership Bill of Rights for Children and Youth Leadership Council of San Mateo County We res(dve to inv(-,t M all children and yo uth so that: * 'I hev 11,we a healthy mind, body and spirit that enables them to 11w\1lllize their potential. * 1 hey develop a healthy attachinent to a parent, �,,uardian, or caregiver al-1,,j an Ongoing 1-cl,itiOnsilip with a cariiig and supportive adult. oTheir essential needs are niet - nutritious food, S11014T, health care, and accessible transportation. oThey have a safe and healthy environment, including homes, schools, neighborhoods and ( ()IIIIIIIInities. Thur have access to a 21 st century education that promotes success in life, in future careers and a love of life-long learning. . They have training in life skills that will prepare them to live indepeiideiitlY, he self-sufficient and contribute to their community. oThey have eiiiploynicllt opportunities with protcctiolls from 1,1111air labor practices. 111(w have fi-k-edoill Iron) nilstwatiiwiit, abuse null 'I'llev have a \101( k, Ill llimtei-s that affect thein. have a SellSe Of 1101-W for 0101- I'LItUrV. Leaders in Action for Children, Youth, and Families BURLINGAME STAFF REPORT AGENDA ITEM 140: 6a MEETING DATE: November 16,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: November 9,2009 APPROVED BY: FROM: William Meeker,Community Development Director—(650)558,77255 SUBJECT: REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY(PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE,RELATED TO A REQUEST FOR AN ALCOHOLIC BEVERAGE SALES PERMIT ISSUED THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD(ABC),FOR A BEVMO RETAIL STORE TO BE LOCATED AT 1462 BURLINGAME AVENUE RECOMMENDATION The City Council should: • conduct a public hearing and consider all information within the staff report,as well as any written and oral testimony,and following closure of the public hearing; • consider adoption of the following resolution,by title only,waiving further reading: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD'S ISSUANCE OF AN ALCOHOLIC BEVERAGE SALES LICENSE FOR 1462 BURLINGAME AVENUE(BEVERAGES AND MORE)" BACKGROUND Beverages & More (BevMo) has leased the vacant retail space (formerly "Talbot's') located at 1462 Burlingame Avenue. The space is to be converted to a new BevMo retail outlet that will offer an extensive inventory of beer,wine,spirits,gourmet food and other related items; such as glassware and accessories. On August 31, 2009, BevMo applied for two types of alcoholic beverage sales licenses through the California Alcoholic Beverage Control Board (ABC). A "Type 21" on-sale beer and wine permit is requested for the retail sales of alcoholic beverages for off-site consumption. Additionally, a"Type 42" on-sale permit is requested to allow educational beer and wine tastings on premises;the area used for tastings is to be physically separated from the retail portion of the store by 42-inch high walls; and is to be located within the rear of the store,occupying an area of 10-feet x 10-feet. Beer and wine tastings are to be offered on Friday evenings from 4 pm.To 7 p.m.,and Saturdays from 12 p.m. to 6 p.m. During the store's grand-opening, tastings will occur Friday through Sunday from 9 a.m.to 7 p.m. Special tastings will be offered for holidays,and will occur from 12 p.m.to 7 p.m.on those days. Holidays include: Valentine's Day, St. Patrick's Day, Cinco de Mayo, Halloween, day before 1 1462 Burlingame Avenue — BevMo Finding of Public Convenience and Necessity November 16, 2009 Thanksgiving, and New Year's Eve. Samples are to be approximately one ounce in size, subject to a nominal charge, as required by the ABC. No one under 21-years of age will be permitted within the tasting area. BevMo indicates that the facility will employ approximately fifteen (15) local residents; additional help may be hired during holiday periods. DISCUSSION Finding of Public Convenience and Necessity: As noted, BevMo's license application was filed with the ABC on August 31, 2009. Pursuant to Section 23958.4 of the California Business and Professions Code, since the number licenses permitting alcohol sales within the area exceeds the maximum number allowed within the census tract (six licenses existing; four allowed), constituting an "overconcentration" per ABC regulations; BevMo is required to seek City adoption of a finding of "public convenience and necessity' prior to issuance of the licenses by the ABC. Adoption of a finding of public convenience and necessity by the City is, in essence, a determination that based upon analysis by the City, issuance of the requested Type 21 and Type 42 licenses to BevMo will not be detrimental to the public health, safety and welfare. Police Department Review: The Burlingame Police Department has reviewed BevMo's request for ABC licenses. The findings of this review are attached to this report. To summarize, the Department supports a finding of"public convenience and necessity" and issuance of the requested licenses by the ABC. The Police Department found that there are four businesses similar to BevMo within Burlingame (these are listed within the attached report); only one of which is located in the Downtown area. That business (Wine Stop Liquors) has had 25 calls for service within that past three years. However, none of these calls were associated with ABC license violations, and none had a significant relationship to the nature of the business. Statistics for the other businesses located outside of the Downtown area are included within the Department's report. Though the Downtown area has a high number of licensed alcohol outlets, Wine Stop Liquors is the only other business similar in nature to BevMo. The other ABC licensed locations are associated with restaurants, bars, nightclubs and retail food sales. The Police Department supports City Council adoption of a finding of public convenience and necessity, and recommends that the following suggested conditions be forwarded to the ABC for consideration: 1. Ensure that any actual alcoholic beverage window displays be kept to a minimum to discourage "window smash" type burglaries and thefts when the business is closed. 2. The interior and exterior designs of the building should include camera monitoring and recording to assist local law enforcement in the suppression of crime and the identification and apprehension of violators of the law, in- or outside of the business. 3. The company shall support efforts of the ABC, the Burlingame Police Department, and local schools related to student education in the areas of alcohol awareness, danger and avoidance, and education awareness about the dangers of DUI driving in local high schools that have teenage students at (or near) driving age. 4. Ensure that shopping carts from the business are retrieved on a regular basis from all locations within the community. 2 1462 Burlingame Avenue — BevMo Finding of Public Convenience and Necessity November 16, 2009 Zoning and Land-Use: The property at 1462 Burlingame Avenue contains a gross floor area of 9,963 square feet. The property is presently zoned "C-1" and lies within "Sub-Area A" of the "Burlingame Avenue Commercial District". Within the district, the retail sale of alcoholic beverages for off-site consumption is considered a "permitted" use. Since the change in tenancy of the property results in no change in the classification of the use (retail sales), additional parking is not required for the use. On October 13, 2009 BevMo received Planning Commission approval of a commercial design review request that will result in a minor alteration to the Burlingame Avenue entry to the building (a change in the entry doors, with retention of the existing entry alcove). Awnings will be installed on the Burlingame Avenue fagade of the building, in accordance with applicable City regulations. Signage will also be installed in conformance with the City's Sign Ordinance. No other significant exterior changes are proposed for the exterior of the structure. Necessary tenant improvements will occur within the shell of the structure to accommodate the new use. FISCAL IMPACT Though an exact amount is unknown, BevMo's retail operation will generate additional sales tax revenue to the City. Attachments: • Resolution— Finding of Public Convenience and Necessity • September 11, 2009 letter from BevMo, with attachments • September 15, 2009 Memorandum from Burlingame Police Department, with attachments 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD'S ISSUANCE OF AN ALCOHOLIC BEVERAGE SALES LICENSE FOR 1462 BURLINGAME AVENUE (BEVERAGES AND MORE) WHEREAS, Beverages and More has applied to the California Alcoholic Beverage Control Board ("ABC") for an on-sale license (#42) and a general off-sale license (#21) and intends to open an alcoholic beverage sales store, a permitted use in the downtown, at 1462 Burlingame Avenue; and, WHEREAS, the number of businesses with alcoholic beverage sales licenses in the City's downtown area exceed the number of such licensed businesses permitted by the ABC for that census tract area ("overconcentration"); and, WHEREAS, pursuant to California Business and Professions Code section 23958.4, an applicant for a beverage sales license in an area of"overconcentration" of alcoholic beverage sales license can request the local governmental agency to determine that the public convenience and necessity would be served by the issuance of the alcohol beverage sales license and, if the local agency so finds, the ABC will issue the license; and, WHEREAS, Beverages and More has applied to the City for a determination of public convenience and necessity to obtain an alcoholic beverage sales licenses from the ABC; and, WHEREAS, the Police Department has reviewed this application, investigated the number of alcohol related incidents in this census tracts and reviewed the names and locations of businesses with alcoholic beverage sales licenses in the downtown area; and WHEREAS, the Police Department, after determining that no facts or circumstances exist which would prevent the City's determination of public convenience and necessity, recommends that the City approve the application for Beverages and More for a determination of public convenience and necessity in its report attached to the staff report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as follows: 1) All of the facts recited above and in the staff report and in all of the attachments thereto, are true and correct. Resolution No. 2) The City Council determines that the public convenience and necessity would be served by the issuance of the alcoholic beverages sales licenses to Beverages and More for their location at 1462 Burlingame Avenue. BE IT FURTHER RESOLVED THAT, based upon the Burlingame Police Department's review of the matter, the City Council suggests that the ABC consider the following conditions as part of the issuance of the alcohol sales licenses for BevMo at 1462 Burlingame Avenue: 1) Ensure that any actual alcoholic beverage window displays be kept to a minimum to discourage"window smash"type burglaries and thefts when the business is closed. 2) The interior and exterior designs of the building should include camera monitoring and recording to assist local law enforcement in the suppression of crime and the identification and apprehension of violators of the law,in-or outside of the business. 3) The company shall support efforts of the ABC, the Burlingame Police Department, and local schools related to student education in the areas of alcohol awareness, danger and avoidance, and education awareness about the dangers of DUI driving in local high schools that have teenage students at(or near)driving age. 4) Ensure that shopping carts from the business are retrieved on a regular basis from all locations within the community. 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 16th day of November,2009,by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney,City Clerk 2 BeVMO! 1470 Enea Circle.Suite 1600 Concord,California 94520 T 925.609.6000 F 925.609.7712 -be+mo.com .... .�, September 11,2009 William Meeker Director City of Burlingame 501 Primrose Road Burlingame,CA 94010 RE:1462 Burlingame Ave,Burlingame,CA Dear Mr.Meeker: Beverages&More,Inc.dba BevMo!hereby requests the City of Burlingame approve the positive findings of Public Convenience or Necessity(PCN). BevMo! is the largest specialty retailer in California and was awarded Retailer of the Year in 2006 by Wine Enthusiast.BevMo!will complement the retail uses in the area by providing a convenient and unique place for the local residents to acquire an extensive inventory of beer,wine,spirits,gourmet food and related items,such as glassware,and accessories,etc.,which are not easily found elsewhere.BevMo!offers over 3000 brands of premium wines, 1000 different gourmet food items,600 brands of specialty beers and 1200 brands of specialty spirits. The store will provide the residents with a convenient new place to shop in a well-maintained facility. The store will have a positive influence on the local economy by providing jobs and retail tax revenue to the City of Burlingame,as well as competitive pricing to the consumer. BevMo! will employ approximately 15 local residents, additional help may be hired during the holidays. BevMo!is committed to the responsible marketing of alcoholic beverage products which is demonstrated by: 1) Hours of operation being limited to: 9 a.m. - 9 p.m. Sunday through Saturday (holiday hours may very). 2) Company policy prohibiting the sale of cigarettes and products of abuse (such as 40 oz. of malt liquor, low-priced, screw-top fortified wines and pints or half- pints of spirits). 3) Company policy prohibiting the use of video or pinball games, sales of pornographic videos and magazines, pay telephones, lottery tickets, newspaper stands and other items that would encourage loitering or minors patronizing the store (unlike some convenience stores). 4) Company provides an in house Minor Sting Program. Every store is shopped every month by a minor decoy. These policies are not required by law, but enforced to insure compliance. 5)Company posts and maintains a professional quality sign stating "No Loitering. No public drinking of alcoholic beverages", and "Stop you must be 21 to enter unless accompanied by an adult". BevMol requires license type 42 On-Sale Beer and Wine, Public Premises for educational beer and wine tastings. The area is will be located against the back wall of the store and is separated from the license type 21 premises by 42" high walls. The size of the tasting is 10x 10, and there are no furnishings or counters in the area. Beer and wine tastings will be offered in-store on Friday evenings from 4 p.m. to 7 p.m., Saturdays from 12 p.m. to 6:00 p.m. and during our Grand Opening Friday through Sunday 9 a.m. to 7 p.m. Service in the area is by winemakers, vendor representatives and trained store staff. Special tastings will be offered for special holidays from 12 p.m. to 7 p.m. such as: • Valentine's Day • St Patrick's Day • Cinco de Mayo • Halloween • Day before Thanksgiving • New Year's Eve Samples are approximately 1 oz in size and, a nominal fee is charged for each sample as required by the ABC. Disposable plastic tasting cups are used; all samples must take place within the boundaries of the tasting area. A sign is posted stating that no one under 21 is allowed in the tasting area. Customers are also not allowed to bring in spirits or shopping carts of any kind into the area. Permitting the sale of alcoholic beverages and offering testings at this location will provide residents with a convenient, well-maintained facility with reasonable prices that will have a positive impact on the local economy and community. In conclusion, Beverages and More! respectfully request the City of Burlingame grant a finding of Public Convenience or Necessity for the alcoholic beverage licenses. If you have further questions, please contact me at 925-609-6074. Sincerely, Rocio Clough Real Estate Administrative Manager state of California Department of Alcoholic Beverage Control ARNOLD SCHWARMNEGGER,Govemor INFORMATION AND INSTRUCTIONS - SECTION 23958.4 B&P instructions Tlds form is to be used for all applications for original issuance or premises to premises transfer of licenses. Part I is to be completed by an ABC employee,given to applicant with pre-application package,with copy retained in holding Sle or applicant's district file. Part 2 is to be completed by the applicant,and returned to ABC. Part 3:is.to-be completed by-the-local governing-body or-its-designated subordinateofficer or body,and returned to ABC. PART 1 -TO BE COMPLETED BY ABC 1. APPUCAN S NAME . K 2, PREARSEB ADDRESSI I versa.tlry,WPa LICE E Mal 0. E 6F BUSINESS OFuif Service Restaurant OHofbreufCafetaria OCodtsil Lounge Private Club ❑Deli or Specialty Restaurant ❑Comedy Club []Night Club ❑Vaterans Club OCafe/Coffee Shop ❑Brew Pub OTavem: Beer []Fraternal Club OBed&Breakfast Theater ❑Tavern: Beer&Wme Owns Tasting Room []Wine only OAR OSupermatket Membership Store ❑Servbe Station []Swap Mee1I Market OLigyuorr Stole Department Store OCatvenience Market 0Drive4n Dairy ❑prgarletyStore �FIor{st1GItShop ❑Comr e an Mark w/Gasoli_ ne ice+ _ `her-descnbe: _cive t �( S. COUNTY POPULATION a. TOTAL NUMBER OF LICENSES IN MY 7. RATIO OF LICENSES TO POPULATION IN COUNTY On-Sale 0011-Sale ❑OnSale 0OfF-Sale a. CENSUS TRACIr N R No.OF Lr.-"-3 OWED IN CENSUS CT 10. NO.OF LICENSESDOSTNG IN CENSUS nSala ❑OffSale nSab ❑OffSwe 11. Is ABOVE CENSUS TRACT OVERCONCENTRATEOWmiLN:EN5E87(Le..does lfenUo o/asws°s to pnWWl°Ilnsn Ne cenw led posed/ rMio lrl Seto ^Wbnfar lhs+nFry--W) [Ries,the number of existing licenses exceeds the number slowed l� Ct�l []No,the number of existing licenses is lower than the number allowed 12 DOES LAW ENFORCf3AENI AGENCY MAINTAIN CRIME STATISTICS? OYes(Go to Item#13) ONo(Go to Item#20) 7s. pTAL NI1hBER O OFFENSES IN DISTRICTS 13. CRIME REPORTING DISTRTNLIMBER 19. TOTAL NuRERQ RtB'ORTII ��I "�Y , E 19 AVENGE NO.OF OFFENSES PER DISTRICT 17, 120%OFA MBEROFOFrFJ 1 .TOMBEROFTALNUOFFENSES RENG DISTRICT 19. IS THE PREMISES LOCATED N A MIOH CRIME REPORTNG DISTRICT?Re.has a 2D%greehr rsrtbera! cimee/rrl tlr aw°B•nusber a<roP°s°d�eNs p�°^e1^°d from alt chna reporting dist ids w1hin me Wsdctiw of ee bW law adao ,L aOrKY) Oyes,the total number of offenses in the reporting district equals or exceeds the total number in item#17 []No,the total number of offenses in the reporting district is lower than the total number in item#17 _ 20. CNECKTHE BOX THAT APPLIES(ottedr any ane W [] a. If"&"is checked In both item#11 and item#19,Safjo 959.4 S&P door not apply to this application,and no additional information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. 1-1 b. If"Yes'is checked in either item#11 gr item#19,ItrW the applicant is applying for a non-retail license,a retail bona fide public eating place license, a retail license issued for a hotel,motel or other lodging establishment as defined in Section 25503.16(b)S&P,or a retail license issued In conjuction with a beer manufacturer's license,or winegrowers license,advise the appNotIrd to comdete Section 2 and bring the completed form to ABC when filing the (cation or as soon as possible thereafter. c. If"yes"is checked in either item#11 iu item#19,g�Nd the applicant is applying for an off-sale beer and wine license,an oft-sale genera{license,an on-sale beer license,an on-sale beer and wide(public premises)license,or an on-sale general(public premises)license,advise the a0kffcant fo take this form to the local govaminD body,or its des' fed subordinate officer or body to have them comolete Section 3. The completed form will need to be provided to ABC in order to process the application. • /�/�V Governing Body/Designated Subordinate Name l( e FOR DEPARTMENT USE ONLY PREPARED BY(Name of DepbM Employee) (� ABC-245(12/03) ('f[ PART 2-TO BE COMPLETED BY THE APPLICANT(If box#20b is checked) 21. Based on the information on the reverse,the Department may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You may attach a separate sheet or additional documenlion,if desired. Do not proceed to Part 3. 22. APPLICANT SIGNATURE 23. DATE SIGNED PART 3-TO BE COMPLETED BY LOCAL OFFICIALS(If box#20c Is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists p.e., an over-concentration of licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Secgons 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located,Or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. Please complete items#24 to 1130 below and certify or affix an official seal,or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity. 24. w1LLPusuccONVHaENCE ORNECES$ITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? QYes []No See Anadled(Le.,letter,resolution,etc.) RS AOOrtgNAL COA7.1EHr$,r DESIRED tmry Iridial rrbroru ror epprwal m OenW dpl0e euwaridwe ar necess.Iyl. n CrrYTAUNrY 07FICWLNMIE 27. CnymbuNTYOFFICULLTIRE m. cnYxumN OFFlCULL PHONE NUMBER 14 CITYMOUNTYOFFICULSIGNATURE W DATE SIGNED -- -- -- 46C-245 REVERSE(12/03) - Slate of Cdifomis Department of Alcoholic Beverage Control ARNOLD SCHWARZENEGGER,Governor INFORMATION AND INSTRUCTIONS - SECTION 23958.4 B&P lnmuctions This form is to be used for all applications for original issuance or premises to premises transfer of licenses. • Part 1 is to be completed by an ABC employee,given to applicant with pre-application package,with copy retained in holding file or applicants district file. • Part 2 is to be completed by the applicant,and returned to ABC. Part 3 is to be completed by the local governing body or its designated subordinate officer or body,and returned to ABC. PART 1 -TO BE COMPLETED BY ABC 1.APPLICANT'S NAME n ` ter_ - `1' 2. PREMIS S ADEWE (S/"d la,nnerI/ .ply,zip ecee) /��/ /�/ i LICE2 E Wov / rrQ . . [/117r A� rlT%'� t.TYPE' USWE88 Full Service Restaurant IlHotbrau/Cafateria Cocktail Lounge Private Club nDeli or Specialty Restaurant n Comedy Club nNighl Club ❑Veterans Club PCafe/Coffee Shop Brew Pub ❑Tavem: Beer []Fraternal Club []Bed&Breakfast Theater F]Tavem: Beer&Wine Wine Tasting Room ❑Wine only QAll ---- nSupermarket E]Membership Store []Sep ]Se MasonSwap Meet/F1ea Marxet en nLiquor Store FIDepartment StStoreorrvience Market Drive-in Dairy nDrugNariety Store �Florist/Gi6 Shop ElConveniance Market w/Gasoline [:]Olher-describe: — A COUNTY POPULATION fl TOTAL NUMBER OF LICENSES I"COUNTY 7. RATIOOF 110ENSE6T0 POPULATION IN COUNTY ❑OnSale QOIfSata DOnSale Doff-sale e. CENSUS BE 8 NO.OF LICENSES ALLpWEp NCEN8USIRACT fa NO.OF LICENSES IXISia10 IN CENSUS TRACT []OnSale ale �On-Sale wpfriele 11. IS ABOVE CENSUS TRA CT OVERCONCENTRATED wnT1 LICENSES Il.a,dao rine ramdlkenaes to popuWlm lAMpunaaM Maratio��al/I /a•b Bon brlha enaia mu�Yrzi) as,the number of existing licenses exceeds the number allowed vMv'// No,the number of existing licenses is lower than the number allowed 12. DOES LAW ENFORCEMENT AGENCY MAINTAW CR STATISTICS? F]Yes(Go to Item#13) No(Go to item#20) 13. CftrA E REPORTING DISTRICT NUMBER tl TOTAL OF RE • 1S.TOTAL NUMBER O E U W ALL REPORTING DISmICTS (i /7 /Y1A1 7 u/MQ 18. AVERAGENO.OFOFFENBESPERDIBTW l /7. 12g%OFA NUh®ER OF OFFFNSe5 to 70TAL NIRABER OF OFFENSES IN REPORTW6018TRN:T T9.9. I$THE PREMISES LOCATED INA HIGH CRIME REPORTING DISiRK:T?(La-fns a 20%greeler rurberdrepalad alno Mn Ba sversga amber d napalad mnrs o eMrmned frenn all cam• repelling dstdds within the pAiSdiainn Of UM local law adacement agency) FlYes,the total number of offenses in the reporting district equals or exceeds the total number in item 917 FjNo,the total number of offenses in the reporting district is lower than the total number in Rem#17 20. CHECK THE BOX THAT APPLIES(dwrA only ono W.) a. If"ft'is checked In both Rem#11 and Ram#19, Section 23958-4 8&P does not arl"I to this application,and no additional information will be El needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. Db. if'Yes"is checked in either item#11 gr item#19,ang the applicant Is applying for a non-retail license,a retail bona fide public eating Place license, a retail license issued for a hotel,motel or other lodging establishment as defined in Section 25503.15(b)S&P,or a retail license issued in conjucbn with a beer manufacturers license,orwinegrowers license,advise the applicant to complete Section 2 and bring the completed loon to ABC when filing th application or as soon as possible thereafter. c. If- es'is checked in either item#11 or item#19,g(ji the applicant is applying for an off sale beer and wine license,an off-sale general license, an on-sale beer license,an on-sale beer and wine(public premises)license,or an on-sale general(public premises)license,advise the gopticanf fo take this form to the local voveming body, orifs designated subordinate ofhceror body to have them comnlate Section 3. The completed form will need to be provided to ABC in order to process the application. ry Governing Body/Designated Subordinate Name: �flT,��l. FOR DEPARTMENT USE ONLY PREPARED BY(Name d DePaaneni Empbyee) ABC-245(I V03) PART 2-TO BE COMPLETED BY THE APPLICANT(If box#20b is checked)_ 21. Based on the information on the reverse,the Department may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You may attach a separate sheet or additional documention,if desired. Do not proceed to Part 3. 22. APPLICANr SIGNATURE p' DATE SIGNED PART 3-TO BE COMPLETED BY LOCAL OFFICIALS(If box#20c is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (Le., an over-concentration of licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the Issuance. Please complete items#24 to#30 below and certify or affix an official seal,or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity. �_ BE M. WRL PUBLIC-CONVENIENCE OR NECESSrY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE 500mE7 LJYe$ E]No El See ACached(Le.,letter,resolution,etc.) 23. ADDITIONAL COMAEMS,IF OESIRED(Ruy WWI&rwsoru foraprorel w daW VAWarwaiwrt,wraceWyX 26. CRYXMNTYOFFICrALNAME 27. CITY/COUNTY OFFICIAL Tn1E 25. CRYICOUNTY OFFICIAL PHONE NUMBER 29. CnYICOUNTYOFFICIAL SIGNATURE 3O OATESIGNED aBC•245 REVERSE(12103) PAR DE -- -- - -- - ----- ------F-- �- FILM 0-1-7001 "hI N-16 (OWAOt GW"com) fn►.,wR Amw t ',+ ..«e7•-f7A-17o .va•aw , fi t: O ` a k -2 mrz i x a J�JJ . a... . •, , r ° x r�� tU .W ,J f SaE I' T _ 777 1 s 30 rz �#. 37 Ri N � T.1 •, mu ? � ° '�k F r10-OY�' F ' �� . ,` I VICINITY MAP LANK OF V.*UrM Vxl —P wpv ozr-Izr-OSO w0►.Ommm1 I _ 1 )' ,..be�Nri fm' m, 15 0 r •� 73 Y TV 21 s-� fM. MM \,\\ S. �__qa�m ,gs•.�qR 1 ar _� �jmAwR+Imo�"' _L-+rr w 17' •aw ,m.^^C `=- - m • ' 4m 7M, ^ a r - sa - 'n as (K N 39 T BISCHOFF S 0 9 i • ;.: a G -- ;:; 1 CIIAP[N COURT 1; J o PO*Wm Of Lor 4 LAW b 11 7Z 'r_�•.' 0, fY 22-270oumm , •/vr fAwr Opr-ISl-7�0 I "Uqr All r N•.. 77 E Iy s � r .,. T ma � �•� � f /may ,wn fur-ur-t•o ,••• � � 12 wommmum MOLLIE STONER r; . .�•:;:,�."z=- ::_ _ . ..� I r a 6j fAyp3 O" pmy�tfNpGA ��.: Y ,ww ms-In-wo R NDs of 112 At Gr Lor a ,,vAs Ot 1.f. • ► 00. m � • � TOPOGRAPHY NOTES 1" 7n-�r uctA LEGEND �� I�°� om +n• IT I ,. ran rmRa•Ac, nw.mm 1-R• • rmav wra s v0 w+vIW •� • w •Tr0•oR Ru.eR �,.,7WR. I I 1 l0.OIR[6M4A Ob •m•w.Iw Mlrr/TOR.r K arW I a AyTiw RY• M 1•w 0"m Av,r O Gall•\l O-.b•TY rIV10 110!7. la✓�.I,I.Iw. m 1.rr OIw - .r.a.I.INR_1•AIo r r>< a r Iw r,rW.r-le+.a xY =." , y wI 1 ,O:l nse.alow [.r+r •K w M 1_IR..Ii ti wr 1...w.«+w q � aNl-MM.OM ROHA M. sia �La ` aw w ,a m a 1. w •N..ma ftomm am I ' Z� 11M a•T I ♦ ROPDR aw. A1..w w.otia IR,A Lw. 1,aRm H NI.,I n fr.w w.p 5100 SxMn!PP fUwl OIIT - .fly i i a WR_N-RA TAM w a Ilmm'.r� IM»•'+••r...+vr.Ati >C 101•a we /wilier Om1Yn C_W..1 R YYaO•.w..1 w••d Ow Mw4 ARxI TOR lOi d On I• R id of fY n my d mlA •w AAaowmaw IwRIR¢ vera•gra,mra.r Im.1 ws•m-_T w IMN wool RYAN ..IAA..+•.n...�.. M,.ti•RryI►•.•wwm.w 71rJer MM w %aw WM 11 V 10 ROO M-19" fwN Aa =-Raw w>mI ._rT 1 41-7R.p9 I.tl aG • s Rs•R TOPOGRAPHIC MAP 101 rM8 1'.10' ,ft=a SOUTH 1/2 IAT 5 bm 7-7� 8 �4 >r 0 �ri n"I Cl �P O l E O Q O D � D ID Q o D M M a 0 ® pr p ^- O X a 0 0 0 0 [=HAYABHnBeverages & more! 1461 BURUNGAMB AVENUE � '�BURLINGAME,CALIFORNIA �alre CITY OF B URLINGAME INTER-DEPARTMENT MEMO TO: William Meeker, Community Developmen ing Director FROM: Jack Van Etten, Chief of Police DATE: September 15, 2009 RE: Police Department Recommendation in Support of the ABC License Applications with suggested recommended conditions(BEV MO— 1462 Burlingame Avenue) According to the attached documents presented to the Burlingame Community Development and Planning Department,the applicant company(BEV MO) is intending to open a liquor sales business at 1462 Burlingame Avenue, and has applied for a both"On Sale" (type 42) and"Off Sale" (type 21) ABC liquor licenses to sell alcoholic beverages(and related items such as gourmet food, glassware, accessories, etc.)to the public. Also, as part of their business, the company plans to hold wine and beer tasting in a designated area within the business establishment(the reason for the "On Sale"license application). The BEV MO company has already completed the necessary documentation through the State Department of Alcoholic Beverage Control for both of these licenses. However, due to the high concentration of liquor licenses in the Burlingame Avenue (downtown) Area,the applicants' request for both"Off Sale" and"On Sale" liquor licenses exceeds the number of liquor licenses allowed by ABC for the census tract and area. As a result,the applicant must seek approval for the ABC licenses from the City of Burlingame through the City Council by way of a letter of public convenience or necessity. After reviewing the applicant company's ABC documentation, the Police Department conducted some research into similar types of businesses. This includes crimes and calls for service related to those similar businesses for the past three (3)year time period(9/1/06—8/31/09). The research found 4 similar businesses within the main retail areas in our city. The businesses are identified as follows: Wine Stop Liquors - 1300 Burlingame Avenue (Downtown Business District) Weimax Liquors - 1178 Broadway Avenue (Broadway Business District) Young's Liquors- 1408 Broadway Avenue(Broadway Business District) Baggies Liquors- 1535 Plaza.Lane (Burlingame Plaza.Business District) Only one(1)of these businesses is located in the Downtown Business Area(Wine Stop Liquors), and that business had 25 calls for service during the past 3 years. However,none of the calls for 1 service at or near the establishment were associated with ABC violations and none had any significance to their liquor sales business. The other three(3)businesses (Weimax Liquors, Young's Liquors and Baggies Liquors) all of which are not located in the Downtown Business Area had 9 calls for service, 10 calls for service and 18 calls for service, respectfully, over the same three (3) year time period. Weimax Liquors had 1 reported city ordinance violation; Young's Liquors had 2 reported ABC violations; Baggies Liquors had 1 reported ABC violation. The premise history information regarding each of businesses identified above is attached to this memorandum. The police department has noted that only one (1) other business in the Downtown Business Area is an actual liquor store business, similar to the BEVMO applicant. The downtown area has a high number of liquor licenses, but these licenses are mainly associated with other types of businesses, such as; adult or family dining establishments, convenience food businesses, bars, nightclubs or convenience stores. Since only one (1) other similar business exists in the Downtown Business Area, it appears that another similar business would mainly supplement the convenience of our community, as well as the adjacent communities of Hillsborough and Northern San Mateo. Based on the above information, as well as the information contained in their letter to our Community Development and Planning Director on September 11, 2009, the Burlingame Police Department finds and concludes there is a public convenience issue involved in this application for the sale of alcoholic beverages (and related items) associated with such a business. The Burlingame Police Department therefore recommends(in addition to the conditions agreed upon in the BEVMO letter),that the City Council accepts the application(with the following conditions that should be included as a condition of the ABC licenses): 1. Insure that any actual alcoholic beverage window displays be kept to a minimum to discourage "window smash"type burglaries and thefts when the business is closed. 2. The interior and exterior designs of the building include camera monitoring and recording to assist local law enforcement in the suppression of crime and the identification and apprehension of violators of the law in or outside of the business. 3. The company support efforts of the ABC,the Burlingame Police Department and local schools related to student education in the areas of alcohol awareness, danger and avoidance, and education awareness about the dangers of DUI driving in local high schools that have teen age students at(or near) driving age. 4. Insure that shopping carts from the business be retrieved on a regular basis from all locations in the community. If these conditions are met by the applicant and approved as conditions through the ABC licensing process, the Burlingame Police Department is recommending that the city approve the applicant's request for both"Off Sale"and"On Sale" liquor licenses for their business(with the 2 noted conditions)as a public convenience. Attachments: BEVMO letter BPD Calls for Service (similar businesses) ABC Retail and Off Sale Licenses in Burlingame 3 PREMISE HISTOR FOR 1300 BURLINGAME AV FRO 09/01/06 TO 08/31/09 Call . . DATE. . . . RCVD. Call Type. . . . . . . . . . . . . . . . DR. . . . . . . 622519 09/03/06 10 :42 TRF. HAZARD 626654 10/24/06 16 : 13 WALK THROUGH 630295 12/04/06 14 : 04 PARKING PROBLEM 633805 01/12/07 12 : 59 PAN HANDLING 642671 04/20/07 19 : 30 PARKING PROBLEM 655994 09/01/07 20 :40 DOWNTOWN CHECK 657698 09/17/07 20 :40 SELECTIVE TRAFFIC 661832 10/25/07 05 : 27 ROAD CLOSURE 663802 11/12/07 18 : 50 SELECTIVE TRAFFIC 664697 11/21/07 09 : 32 BICYCLE STOP 666345 12/07/07 16 :43 FOUND PROPERTY 668124 12/24/07 11 : 12 CITIZEN CONTACT 669916 01/09/08 10 :44 SELECTIVE TRAFFIC 671567 01/22/08 14 : 53 SELECTIVE TRAFFIC 675624 02/28/08 08 : 04 OFCR OUT W/SUBJ 692935 08/02/08 00 : 04 OFCR OUT W/SUBJ 693705 08/08/08 21 : 09 ARREST-DRUNK DRIVER 200802323 693709 08/08/08 21 : 35 AUTO ALARM 695641 08/25/08 10 : 54 SUSP PERSON 200802541 700137 10/02/08 15 : 57 CITY ORDINANCE 715134 02/16/09 13 :42 PARKING PROBLEM 717099 03/08/09 00 : 10 AUDIBLE ALARM 720634 04/12/09 01 : 11 SUSP. VEH. 727912 06/25/09 17 : 05 TOW 200901536 733888 08/18/09 18 :31 MEDICAL CALL 200902018 25 records listed. ( tk),el (Y)OC)�,( ),) qN�� PREMISE HISTORY FOR 1178 BROADWAY FROM 09/01/06 TO 08/31/09 Call . . DATE. . . . RCVD. Call Type . . . . . . . . . . . . . . . . DR. . . . . . . 623981 09/21/06 11 :45 CITY ORDINANCE 631148 12/14/06 11 : 15 SOLICITOR 631280 12/15/06 20 : 05 PARKING PROBLEM 638631 03/06/07 10 :34 SUSP PERSON 638794 03/08/07 10 :20 INFORMATION ONLY 660870 10/16/07 16 : 01 FRAUD 200703153 687326 06/14/08 09 :47 WELFARE CHECK 687519 06/16/08 11 :23 SOLICITOR 711498 01/13/09 10 : 19 SOLICITOR 9 records listed. (\A 00095 Ll PREMISE HISTORY FOR 1408 BROADWAY FROM 09/01/06 TO 08/31/09 Call. . DATE.. . . RCVD. Call Type.. .. . . . . . . . . . . . . DR.. . . . . . 627264 10/31/06 11:01 AUDIBLE ALARM 628600 11/15/06 16:31 SUSP PERSON 641507 04/06/07 15:09 SUSP PERSON 689110 06/29/08 12:29 SUSPICIOUS CIRCUMSTANCES 695337 08/22/08 20:50 ABC VIOLATION 200802509 710542 01/04/09 14:08 OUTSIDE AGENCY ASSIST 716268 02/27/09 19:05 ABC VIOLATION 200900515 717321 03/10/09 14:35 SUSP. VEH. 719613 04/02/09 09:42 SUSP PERSON 721910 04/25/09 22:23 SUSPICIOUS CIRCUMSTANCES 10 records listed. l.4s� PREMISE HISTORY FOR 1535 PLAZA LN FROM 09/ 01/ 06 TO 08/31 / 09 Call . . DATE . . . . RCVD . Call Type . . . . . . . . . . . . . . . . DR . . . . . . . 624490 09/27/ 06 11 : 18 SUSP PERSON 625331 10/ 08/ 06 11 : 16 AUDIBLE ALARM 627144 10/29/ 06 18 : 44 ACC . NON- INJ . 630817 12 / 10/ 06 13 : 43 ATTEMPTED CRIME 652911 08 / 04 / 07 09 : 55 DUMPING COMPLAINT 655815 08 /31/ 07 15 : 13 SHOPLIFTER 200702640 656823 09/ 09/ 07 08 : 08 HOMELESS/TRANSIENT 657070 09/ 11/ 07 15 : 37 SALE OF TOBACCO TO MINOR 200702766 657964 09/20/ 07 18 : 27 HOMELESS/TRANSIENT 659393 10 / 03 / 07 13 : 51 WELFARE CHECK 665380 11/27/ 07 19 : 13 ACC . NON- INJ . 200703641 687065 06/ 12 / 08 10 : 24 FRAUD 200801662 687194 06/ 13 / 08 08 : 41 FOLLOW UP 711320 01/ 11 / 09 11 : 53 HOMELESS/TRANSIENT 711607 01/ 14 / 09 10 : 49 PARKING PROBLEM 716266 02 /27 / 09 18 : 43 ABC VIOLATION 200900513 719429 03 /31/ 09 13 : 48 LOCATED MISSING PERSON 200900783 721357 04/20/ 09 09 : 15 TRESPASSING 18 records listed . Page 1 of 4 California Department of Alcoholic Beverage Control • � For the city of BURLINGAME- Off-Sale Licenses r ' V r Report as of 9/10/2009 License Status License Orig. Iss. Expir Primary Owner Business Mailing Geo Number Type Date Date and Premises Name Address Code Add r. 1) 235200 ACT 20 8/3/1989 10/31/2009 STEPHAN ADELINE 4103 MICHEL A MARKET 1508 ADELINE DR BURLINGAME, CA 94010 Census Tract: 6050. 2) 456903 ACT 20 10/4/2007 9/30/2009 TERROIR WINE TERROIR 4103 MERCHANTS WINE INC MERCHANTS 2621 ADELINE (TWM) DR BURLINGAME, CA 94010-5544 Census Tract: 6052. 3) 460900 ACT 20 12/21/2007 11/30/2009 MZ GIFTS INC MZ GIFTS 4103 150 ANZA BLVD INC BURLINGAME, CA 94010-1924 Census Tract: H, 6054. 4) 452070 ACT 20 6/3/2008 5/31/2010 DENPO DENPO 4103 AMERICA INC AMERICA 1533 BAYSHORE HWY BURLINGAME, CA 94010-1602 Census Tract: 6051. 5) 23826 ACT 21 6/30/2010 WEIMAX WEIMAX 4103 CORPORATION WINES& 1178 SPIRITS BROADWAY BURLINGAME, CA 94010 Census Tract: 6051. 6) 393353 ACT 21 11/21/2002 12/31/2009 BURLINGAME BURLINGAME 4103 FOODS LLC FOODS 1236 http://www.abc.ca.gov/datport/AHCltyRep.asp 9/10/2009 Page 2 of 4 BROADWAY BURLINGAME, CA 94010-3424 Census Tract: 6051. 7) 15842 ACT 20 2/28/2010 BIG BOULDER EARTH 4103 ROLLIN INC BEAMS 1399 NATURAL BROADWAY FOODS BURLINGAME, CA 94010 Census Tract: 6051. 8) 174168 ACT 21 10/8/1985 8/31/2010 KIM IN PAE YOUNGS 4103 1408 BURLINGAME BROADWAY LIQUOR BURLINGAME, CA 94010 Census Tract: Hi 1 6051. 9) 147607 ACT 21 11/16/1983 7/31/2010 TOTTENHAM PRESTIGE 4103 WINES& LIQUORS SPIRITS INTERNTNL 1300 BURLINGAME AVE BURLINGAME, CA 94010 Census Tract: Hl 1 6055. 10) 377500 ACT 21 2/20/2002 10/31/2009 PATEL ANILA BURLINGAME 4103 ASHOK SMOKE 1400 SHOP BURLINGAME AVE BURLINGAME, CA 94010 Census Tract: 6055. 11) 278130 ACT 21 2/4/1993 1/31/2010 HUSSAIN KWIK 4103 RUKHSANA G CONVENIENT 505 CALIFORNIA DR BURLINGAME, CA 94010 Census Tract: 6055. 12) 88323 ACT 20 3/31/1980 3/31/2010 WUEHRER DANISH 4103 NIKOLAUS F FRENCH 733 CALIFORNIA CATERING DR INC BURLINGAME, CA 94010 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 3 of 4 Huuuuu 6053. Census Tract: 13) 3487615 ACT 21 3/9/1999 6/30/2010 ALBECO INC MOLLIE 150 4103 1477 CHAPIN STONES SHORELINE AVE MARKET 6 HWY BLDG D BURLINGAME, MILL VALLEY, CA 94010 CA 94941 Census Tract: 6055. 14) 367085 ACT 21 10/4/2000 9/30/2009 LUNARDI LUNARDIS 432 N CANAL 4103 FOODS ST 1825 EL CAMINO SOUTH SAN REAL FRANCISCO, BURLINGAME, CA 94080 CA 94010 Census Tract: 6050. 15) 4.733_62 ACT 20 2/27/2009 1/31/2010 PRIME CELLAR PRIME 4103 LLC CELLAR 1870 EL CAMINO REAL BURLINGAME, CA 94010-3128 Census Tract: 6050. 16) 477764 ACT 21 6/22/2009 5/31/2010 GARFIELD LONGS ONE CVS DR 4103 BEACH CVS LLC DRUG WOONSOCKET, 1871 EL CAMINO STORE 9811 RI 02895-6146 REAL BURLINGAME, CA 94010-3220 Census Tract: 6050. 17) 194300 ACT 21 1/22/1987 6/30/2010 SAFEWAY INC SAFEWAY PO BOX 29096 4103 1450 HOWARD INC 948 PHOENIX,AZ AVE 85038-9096 BURLINGAME, CA 94010 Census Tract: 6055. 18) 450059 ACT 21 5/4/2007 4/30/2010 HADDADIN SUNRISE 4103 BASHAR WADEE CAFE DELI 948 HOWARD MARKET AVE BURLINGAME, CA 94010-3009 Census Tract: 6054. 19) 4. 73359 ACT 20 8/20/2009 7/31/2010 HOLIDAY THE 4103 HOUSE THE HOLIDAY 348 LORTON HOUSE AVE BURLINGAME, CA 94010-4104 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 4 of 4 Census Tract: 6055. 20) 463641 ACT 20 3/19/2008 2/28/2010 ANGUTANO OAK GROVE 4103 BLAS MARKET 1000 OAK GROVE AVE BURLINGAME, CA 94010-2731 Census Tract: 6054. 21) 454356 ACT 21 7/16/2007 6/30/2010 SAWAYA HADIL BAGGYS 4103 1535 PLAZA LN LIQUORS BURLINGAME, CA 94010-3203 Census Tract: 6050. 22) 358957 ACT 20 12/16/1999 11/30/2009 PDB CORP PENA RIDGE PO BOX 2067 4103 2018 RAY DR WINES BURLINGAME, BURLINGAME, CA 94011-2067 CA 94010-4656 Census Tract: Hi 6050. 23) 429858 ACT 20 2/10/2006 1/31/2010 PERELLIMINETTI MPM PO BOX 1635 4103 MARIO JOSEPH BURLINGAME, WILLIAM CA 94011 1744 ROLLINS RD BURLINGAME, CA 94010-2208 Census Tract: 6051. 24) 450388 ACT 20 4/23/2007 6/30/2010 7 ELEVEN INC 7 ELEVEN PO BOX 2245 4103 975 ROLLINS RD STORE 2231 BREA, CA BURLINGAME, 14316D 92822-2245 CA 94010-2604 Census Tract: 6054. ---End of Report--- For a definition of codes, view our glossary. http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 1 of 14 California Department of Alcoholic Beverage Control For the city of BURLINGAME- Retail Licenses) L Report as of 9/10/2009 ��� License Status License Orig. Iss. Expir Primary Owner and Business Name Mailing Geo Number Type Date Date Premises Addr. Address Code 1) 235700 ACT 20 8/3/1989 10/31/2009 STEPHAN MICHELA ADELINE MARKET 4103 1508 ADELINE DR BURLINGAME,CA 94010 Census Tract:6050. 2) 456903 ACT 20 10/4/2007 9/30/2009 TERROIR WINE TERROIR WINE 4103 MERCHANTS INC MERCHANTS 2621 ADELINE DR (TWM) BURLINGAME,CA 94010-5544 Census Tract:6052. 3) 4.5.81:77 ACT 47 10/31/2007 9/30/2009 CRP BAHP BAY AREA CROWNE PLAZA 13760 NOEL RD 4103 LLC INTL AIRPORT DALLAS,TX 1177 AIRPORT BLVD 75240-1304 BURLINGAME,CA 94010-1909 Census Tract:6054. 4) 456177 ACT 66 10/31/2007 9/30/2009 CRP BAHP BAY AREA CROWNE PLAZA 13760 NOEL RD 4103 LLC INTL AIRPORT DALLAS,TX 1177 AIRPORT BLVD 75240-1304 BURLINGAME,CA 94010-1909 Census Tract:6054. 5) 292872 ACT 47 3/3/1994 4/30/2010 HARBOR VIEW HILTON SAN 433 CALIFORNIA 4103 HOTELS INC FRANCISCO ST 600 AIRPORT BLVD AIRPORT SAN BURLINGAME,CA FRANCISCO,CA 94010 94104 Census Tract:6054. 6) 29287_2 ACT 68 8/10/2009 4/30/2010 HARBOR VIEW HILTON SAN 433 CALIFORNIA 4103 HOTELS INC FRANCISCO ST 600 AIRPORT BLVD AIRPORT SAN BURLINGAME,CA FRANCISCO,CA 94010 94104 Census Tract:6054. 7) 3581.9_5 R65 47 3/16/2000 2/28/2010 765 AIRPORT HILTON GARDEN 4103 BOULEVARD INN PARTNERSHIP 765 AIRPORT BLVD BURLINGAME,CA 94010 Census Tract:6054. -H 8) 410.798 ACT 47 6/1/2004 5/31/2010 LU DAN LEANNS CAFE 4103 777 AIRPORT BLVD BURLINGAME,CA 94010 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 2 of 14 Census Tract:6054. II II lu 9) 291717 ACT 47 4/22/1994 3/31/2010 FIT TEXAS DOUBLETREE 4103 INVESTMENT HOTEL CORPORATION 835 AIRPORT BLVD BURLINGAME,CA 94010 H H Census Tract:6054. Lj 10) 29171.7 ACT 68 4/22/1994 3/31/2010 FIT TEXAS DOUBLETREE 4103 INVESTMENT HOTEL CORPORATION 835 AIRPORT BLVD BURLINGAME,CA 94010 Hi H i Census Tract:6054. 11) 4609.00 ACT 20 12/21/2007 11/30/2009 MZ GIFTS INC MZ GIFTS INC 4103 150 ANZA BLVD BURLINGAME,CA 94010-1924 Census Tract:6054. 12) 480328 ACT 47 7/27/2009 8/31/2010 PROMUS HOTEL 9336 CIVIC 4103 SERVICES INC CENTER DR 150 ANZA BLVD BEVERLY HILLS, BURLINGAME,CA CA 90210-3604 94010-1924 Census Tract:6054. 13) 480828 ACT 68 7/27/2009 8/31/2010 PROMUS HOTEL 9336 CIVIC 4103 SERVICES INC CENTER DR 150 ANZA BLVD BEVERLY HILLS, BURLINGAME,CA CA 90210-3604 94010-1924 Census Tract:6054. 14) 382006 ACT 41 2/15/2002 1/31/2010 VB GOLF II LLC BURLINGAME 2401 E 3RD AVE 4103 250 ANZA BLVD GOLF CENTER FOSTER CITY, BURLINGAME,CA CA 94404 94010 Census Tract:6054. 15) 4.33335 ACT 47 2/8/2006 1/31/2010 RESTAURANTS KINCAIDS 1818 N 4103 UNLIMITED INC NORTHLAKE 60 BAY VIEW PL WAY BURLINGAME,CA SEATTLE,WA 94010 98103-9036 Census Tract:6054. 16) 203215 ACT 47 6/18/1987 5/31/2010 MAXS OPERA CAFE MAXS OPERA 120 E GRAND 4103 OF BURLINGAME INC CAFE OF AVE 1250 BAYSHORE BURLINGAME SOUTH SAN HWY FRANCISCO,CA BURLINGAME,CA 94080 94010 Census Tract:6051. 17) 203215 ACT 58 12/27/2005 5/31/2010 MAXS OPERA CAFE MAXS OPERA 120 E GRAND 4103 OF BURLINGAME INC CAFE OF AVE 1250 BAYSHORE BURLINGAME SOUTH SAN HWY FRANCISCO,CA BURLINGAME,CA 94080 94010 Census Tract:6051. IF- http://www.abe.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 3 of 14 18) 359328 ACT 47 12/21/1999 11/30/2009 GAMBIRAZIO ROMY CARIBBEAN 1306 OLD 4103 1306 BAYSHORE GARDENS BAYSHORE HWY HWY SUPPER CLUB BURLINGAME, BURLINGAME,CA CA 94010 94010 Census Tract:6051. 19) 251561 ACT 41 10/29/1990 12/31/2009 SIZZLER USA SIZZLER 889 6101 W 4103 RESTAURANTS INC CENTINELA AVE 1310 BAYSHORE CULVER CITY, HWY CA 90230-6359 BURLINGAME,CA 94010 Hi H i Census Tract:6051. 20) 220571 ACT 47 9/8/1988 1/31/2010 HYATT HYATT REGENCY 71 S WACKER 4103 CORPORATION SAN FRANCISCO DR 1333 BAYSHORE AIRPORT CHICAGO, IL HWY 60606 BURLINGAME,CA 94010 Census Tract:6051. 21) 220571 ACT 58 9/8/1988 1/31/2010 HYATT HYATT REGENCY 71 S WACKER 4103 CORPORATION SAN FRANCISCO DR 1333 BAYSHORE AIRPORT CHICAGO, IL HWY 60606 BURLINGAME,CA 94010 Census Tract:6051. 22) 400333 ACT 47 7/30/2003 6/30/2010 FANDORIN FANDORIN 4103 RESTAURANTINC 1492 BAYSHORE HWY BURLINGAME,CA 94010 Census Tract:6051. 23) 139135 ACT 47 5/23/1983 5/31/2010 BENIHANA NATIONAL BENIHANA OF 8685 NW 53RD 4103 CORP TOKYO TER 1494 BAYSHORE MIAMI, FL 33166- HWY 4537 BURLINGAME,CA 94010 Hi Census Tract:6051. 24) 452070 ACT 20 6/3/2008 5/31/2010 DENPO AMERICA INC DENPO AMERICA 4103 1533 BAYSHORE HWY BURLINGAME,CA 94010-1602 Census Tract:6051. 25) 166660 ACT 47 4/11/1985 12/31/2009 EL TORITO EL TORITO 5660 KATELLA 4103 RESTAURANTS INC AVE STE 100 1590 BAYSHORE CYPRESS,CA HWY 90630-5058 BURLINGAME,CA 94010 LH Census Tract:6051. 26) 377919 ACT 47 11/6/2001 10/31/2009 S B RESTAURANT CO ELEPHANT BAR 14241 4103 1600 BAYSHORE FIRESTONE HWY BLVD BURLINGAME,CA LA MIRADA, CA 94010 90638-5533 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 4 of 14 uuuuuu Census Tract:6051. u 27) 461080 ACT 41 2/4/2008 1/31/2010 JOES CAFE BY THE JOES CAFE BY 4103 BAY INC THE BAY 1669 BAYSHORE HWY BURLINGAME,CA 94010-1512 Ll 1-1 Census Tract:6051. 28) 235553 ACT 47 9/4/1990 3/31/2010 ACE FOODS INC GULLIVERS OF 4103 1699 BAYSHORE SAN FRANCISCO HWY BURLINGAME,CA 94010 Census Tract:6051. 29) 300521 ACT 47 3/1/1995 12/31/2009 MARRIOTT HOTEL 610 SMITHFIELD 4103 SERVICES INC ST 1800 BAYSHORE PITTSBURGH,PA HWY 15222-2512 BURLINGAME,CA 94010 HH Census Tract:6051. 30) 300_521 ACT 68 11/5/1998 12/31/2009 MARRIOTT HOTEL 610 SMITHFIELD 4103 SERVICES INC ST 1800 BAYSHORE PITTSBURGH, PA HWY 15222-2512 BURLINGAME,CA 94010 Census Tract:6051. 31) 458042 ACT 41 2/22/2008 1/31/2010 SAHAARA SAHAARA 4103 RESTAURANTINC 1130 BROADWAY BURLINGAME,CA 94010-3422 Census Tract:6051. 32) 4_6.5357 ACT 47 5/22/2008 4/30/2010 DIAMOND HUT INC ONCE UPON 4103 1136 BROADWAY METRO BURLINGAME,CA 94010-3422 Census Tract:6051. 33) 23825_ ACT 21 6/30/2010 WEIMAX WEIMAX WINES& 4103 CORPORATION SPIRITS 1178 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 34) 2_3826_ ACT 42 7/2/1979 6/30/2010 WEIMAX WEIMAX WINES& 4103 CORPORATION SPIRITS 1178 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 35) 375881_ ACT 41 5/24/2001 4/30/2010 MIAO ZHEN WU AJI YOSHI YA 183 ELMIRA ST 4103 1190 BROADWAY SAN BURLINGAME,CA FRANCISCO,CA 94010 94124 Census Tract:6051. t---I http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 5 of 14 36) 447675 ACT 41 3/9/2007 2/28/2010 FAT CRAB INC JOANIES HAPPY 4103 1199 BROADWAY DAYS DINER BURLINGAME,CA 94010-3493 Census Tract:6051. 37) 347519 ACT 41 11/23/1998 10/31/2009 CHAO CHUAN PING GRACE GARDEN 4103 1200 BROADWAY RESTAURANT BURLINGAME,CA 94010 Census Tract:6051. 38) 168015 ACT 41 2/26/1985 5/31/2010 BELISA VILLAGE HOST 4103 CORPORATION PIZZA 1201 BROADWAY BURLINGAME,CA 94010-3423 Census Tract:6051. 39) '.2.48296 ACT 41 7/27/1990 6/30/2010 JUBAN INC YAKINIKU HOUSE PO BOX 4646 4103 1204 BROADWAY JUBAN BURLINGAME, BURLINGAME,CA CA 94011 94010 Census Tract:6051. 40) 475451 ACT 47 4/20/2009 3/31/2010 ROCCA KURTS RISTORANTE 4103 BROTHERSINC ROCCA 1205 BROADWAY BURLINGAME,CA 94010-3423 Census Tract:6051. 41) 475451 ACT 58 4/20/2009 3/31/2010 ROCCA KURTS RISTORANTE 4103 BROTHERSINC ROCCA 1205 BROADWAY BURLINGAME,CA 94010-3423 Census Tract:6051. 42) 268349 ACT 41 4/6/1992 9/30/2009 CAFFE ITALIA IL PICCOLO 4103 1219 BROADWAY CAFFE BURLINGAME,CA 94010 Census Tract:6051. 43) 405946 ACT 41 2/9/2004 1/31/2010 ZIMAG INC MIVAN 4103 1232 BROADWAY MEDITREANEAN BURLINGAME,CA CUSINE 94010 Census Tract:6051. 44) 393359 ACT 21 11/21/2002 12/31/2009 BURLINGAME FOODS BURLINGAME 4103 LLC FOODS 1236 BROADWAY BURLINGAME,CA 94010-3424 Census Tract:6051. 45) 451810 ACT 41 9/14/2007 8/31/2009 TOY KENNETH BIG JOES CAFE 4103 GINGMOO 1251 BROADWAY BURLINGAME,CA 94010-3423 Census Tract:6051. 46) 366971 ACT 47 12/27/2000 11/30/2009 TIANMAR INC BROADWAY 4103 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 6 of 14 1316 BROADWAY PRIME RIB BURLINGAME,CA 94010 Census Tract:6051. 47) 3.669.71 ACT 58 1/15/2002 11/30/2009 TIANMAR INC BROADWAY 4103 1316 BROADWAY PRIME RIB BURLINGAME,CA 94010 Census Tract:6051. 48) 410728 ACT 47 5/5/2004 3/31/2010 CAFE FIGARO CAFE FIGARO 4103 1318 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 49) 292998 ACT 41 1/25/1994 5/31/2010 CHOTISIN BUA THONG 4103 VISATHORN KITCHEN 1320 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 50) 1.77895 ACT 48 10/1/1985 12/31/2009 BEHANS AN IRISH BEHANS AN IRISH 4103 PUB PUB 1327 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 51) 148369 ACT 41 12/28/1983 9/30/2009 JUN JAE D RESTAURANT 4103 1355 BROADWAY JUN BURLINGAME,CA 94010-3425 Census Tract:6051. 52) 15842 ACT 20 2/28/2010 BIG BOULDER EARTH BEAMS 4103 ROLLIN INC NATURAL FOODS 1399 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 53) 431569 ACT 47 11/29/2006 10/31/2009 BROADWAY GRILL BROADWAY 414 CLARK DR 4103 INC GRILL SAN MATEO,CA 1400 BROADWAY 94402 BURLINGAME,CA 94010 Census Tract:6051. 54) 1741:68 ACT 21 10/8/1985 8/31/2010 KIM IN PAE YOUNGS 4103 1408 BROADWAY BURLINGAME BURLINGAME,CA LIQUOR 94010 Census Tract:6051. 55) 360984 ACT 41 12/31/1999 11/30/2009 HO CECIL YUK MING BROADWAY DELI 4103 1431 BROADWAY BURLINGAME,CA 94010 Census Tract:6051. 56) 41Q299 ACT 47 8/4/2004 7/31/2010 STRAITSSTRAITS 1122 7TH AVE 4103 BURLINGAME LLC BURLINGAME LLC SAN MATEO,CA 1100 BURLINGAME 94402 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 7 of 14 AVE BURLINGAME,CA 94010 Census Tract:6055. 57) 468276 ACT 47 7/29/2008 6/30/2010 BURL INC AVENUE BAR& 4103 1101 BURLINGAME GRILL AVE BURLINGAME,CA 94010-4105 Census Tract:6055. 58) 4605866 R65 47 12/20/2007 11/30/2009 YAYA CUISINE INC YAYA CUISINE 236 W PORTAL 4103 1108 BURLINGAME #157 AVE SAN BURLINGAME,CA FRANCISCO,CA 94010-4106 94127 Census Tract:6055. 59) 442037 ACT 41 12/13/2006 11/30/2009 ALVAREZDECAMPOS LA CORNETA 4103 LAURA PATRICIA TAQUERIA 1123 BURLINGAME AVE BURLINGAME,CA 94010 HI Census Tract:6055. 60) 444977 ACT 47 4/3/2007 3/31/2010 KAHRAMAN LLC BONARDA 4103 1125 BURLINGAME RESTAURANT& AVE BAR BURLINGAME,CA 94010-4115 Census Tract:6055. 61) 392.056 ACT 41 2/7/2003 1/31/2010 ROUND TABLE ROUND TABLE 1320 WILLOW 4103 DEVELOPMENT PIZZA PASS RD COMPANY CONCORD,CA 1207 BURLINGAME 94520 AVE BURLINGAME,CA 94010 H H Census Tract:6055. 62) 462779 ACT 41 2/5/2008 1/31/2010 MINGALABA INC MINGALABA 4103 1213 BURLINGAME AVE BURLINGAME,CA 94010-4107 Census Tract:6055. 63) 141238 ACT 41 11/22/1983 8/31/2010 NIELSEN BAKERY COPENHAGEN 4103 COMPANY BAKERY&CAFE 1216 BURLINGAME AVE BURLINGAME,CA 94010 Census Tract:6055. 64) 417711 ACT 47 4/29/2005 3/31/2010 LA SCALA CAFE LA SCALA 4103 CORPORATION 1219 BURLINGAME AVE BURLINGAME,CA 94010 Census Tract:6055. http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 8 of 14 65) 147607 ACT 21 11/16/1983 7/31/2010 TOTTENHAM WINES PRESTIGE 4103 &SPIRITS LIQUORS INTERNTNL 1300 BURLINGAME AVE BURLINGAME,CA 94010 Census Tract:6055. 66) 387154 ACT 41 6/10/2002 5/31/2010 SULEIMAN CREPEVINE THE 4103 FAKHOURI&SONS 1310 BURLINGAME AVE BURLINGAME,CA 94010 H H I Census Tract:6055. 67) 473998 ACT 41 3/13/2009 2/28/2010 GYROS INC MEDITERRANEAN 146 SANTA 4103 1318 BURLINGAME KEBAB CLARA AVE AVE REDWOOD CITY, BURLINGAME,CA CA 94061-3405 94010-4109 Census Tract:6055. 68) 3775.00 ACT 21 2/20/2002 10/31/2009 PATEL ANILA ASHOK BURLINGAME 4103 1400 BURLINGAME SMOKE SHOP AVE BURLINGAME,CA 94010 Census Tract:6055. 69) 412744 ACT 41 2/23/2007 4/30/2010 T00 TARTS LLC ALANAS CAFE 4103 1408 BURLINGAME AVE BURLINGAME,CA 94010 Census Tract:6055. 70) 467460 ACT 47 8/7/2008 7/31/2009 LA BOHEME CAFE& LA BOHEME 4103 PATISSERIE LLC RESTAURANT 1425 BURLINGAME AVE BURLINGAME,CA 94010-4110 Census Tract:6055. 71) 3744.19 ACT 47 3/9/2007 2/28/2010 MAMME INC SAPORE 4103 1447 BURLINGAME ITALIANO AVE RISTORANTE BURLINGAME,CA 94010-4110 Census Tract:6055. 72) 38411.07 ACT 47 3/1/2002 2/28/2010 RIMARDEN LLC HOLA MEXICAN 4103 1448 BURLINGAME RESTAURANT AVE BURLINGAME,CA 94010 Census Tract:6055. 73) 3_84107 ACT 58 3/1/2002 2/28/2010 RIMARDEN LLC HOLA MEXICAN 4103 1448 BURLINGAME RESTAURANT AVE BURLINGAME,CA 94010 Census Tract:6055. http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 9of14 74) 407848 ACT 41 8/4/2004 7/31/2010 ISOBUNE ISOBUNE SUSHI 4103 BURLINGAME LLC 1451 BURLINGAME AVE BURLINGAME,CA 94010 Census Tract:6055. 75) 122599 ACT 51 10/2/1982 9/30/2009 LIONS CLUB OF LIONS CLUB OF PO BOX 206 4103 BURLINGAME THE BURLINGAME BURLINGAME, 990 BURLINGAME CA 94010 AVE BURLINGAME,CA 94010 H, Census Tract:6054. Ll 76) 347745 R65 47 8/11/1999 7/31/2009 AQUA PISCES 244 CALIFORNIA 4103 DEVELOPMENT ST CORP SAN 1190 CALIFORNIA DR FRANCISCO,CA BURLINGAME,CA 94111 94010-3506 Hi I I I Census Tract:6051. 77) 476095 ACT 47 4/29/2009 3/31/2010 STAZIONE LLC BRIO 4103 1190 CALIFORNIA DR BURLINGAME,CA 94010-3506 Census Tract:6051. 78) 468793 ACT 41 2/4/2009 1/31/2010 SAKAE INC SAKAE INC 1519 4103 243 CALIFORNIA DR BURLINGAME BURLINGAME,CA AVE 94010-4112 BURLINGAME, CA 94010-5101 Census Tract:6055, 79) 98247 ACT 41 12/29/1980 7/31/2010 AZAR BASIM CHRISTIES 4103 245 CALIFORNIA DR RESTAURANT BURLINGAME,CA 94010 Census Tract:6055. 80) 474940 ACT 48 4/3/2009 3/31/2010 JACOB EL MEZCAL 1135 4103 ENTERTAINMENT TOURNAMENT LLC DR 261 CALIFORNIA DR HILLSBOROUGH, BURLINGAME,CA CA 94010 94010-4112 Census Tract:6055. 81) 474940 ACT 58 8/18/2009 3/31/2010 JACOB EL MEZCAL 1135 4103 ENTERTAINMENT TOURNAMENT LLC DR 261 CALIFORNIA DR HILLSBOROUGH, BURLINGAME,CA CA 94010 94010-4112 Census Tract:6055. 82) 303725 ACT 47 5/3/1996 4/30/2010 GOLDEN STATE STEELHEAD PO BOX 11006 4103 BREWING COMPANY BREWING EUGENE,OR 333 CALIFORNIA DR COMPANY 97440-3006 BURLINGAME,CA 94010 Census Tract:6055. 83) 2?8'30 ACT 21 2/4/1993 1/31/2010 HUSSAIN RUKHSANA KWIK I 4103 http://www.abe.ca.gov/datport/AHCltyRep.asp 9/10/2009 Page 10 of 14 G CONVENIENT 505 CALIFORNIA DR BURLINGAME,CA 94010 Census Tract:6055. 84) 382557 ACT 41 12/4/2001 11/30/2009 GOTO KOJI RAMEN CLUB 4103 723 CALIFORNIA DR BURLINGAME,CA 94010 Census Tract:6053. 85) 83323_ ACT 20 3/31/1980 3/31/2010 WUEHRER DANISH FRENCH 4103 NIKOLAUS F CATERING INC 733 CALIFORNIA DR BURLINGAME,CA 94010 Census Tract:6053. 86) 3487C-5 ACT 21 3/9/1999 6/30/2010 ALBECO INC MOLLIE STONES 150 SHORELINE 4103 1477 CHAPIN AVE MARKET 6 HWY BLDG D BURLINGAME,CA MILL VALLEY,CA 94010 94941 Census Tract:6055. 87) 9451 ACT 51 8/1/1977 1/31/2010 PENINSULA TENNIS PENINSULA 4103 CLUB TENNIS CLUB 433 CHATHAM RD BURLINGAME, CA 94010 Census Tract:6054. 88) 340626 ACT 47 5/19/1998 5/31/2010 AMERICAN BULL BAR AMERICAN BULL 4103 AND GRILL INC THE BAR&GRILL 1817-19 EL CAMINO REAL BURLINGAME,CA 94010 "I Census Tract:6050. 89) 367983 ACT 21 10/4/2000 9/30/2009 LUNARDI FOODS LUNARDIS 432 N CANAL ST 4103 1825 EL CAMINO SOUTH SAN REAL FRANCISCO,CA BURLINGAME, CA 94080 94010 Census Tract:6050. 90) 391-748 ACT 41 10/9/2002 8/31/2010 NEALS COFFEE NEALS COFFEE 4103 SHOP INC SHOPINC 1845 EL CAMINO REAL BURLINGAME,CA 94010 Census Tract:6050. 91) 341394 ACT 41 7/9/1998 6/30/2010 FU YAN FIVE AS 4103 CORPORATION RESTAURANT 1851 EL CAMINO REAL BURLINGAME,CA 94010 Census Tract:6050. 92) 41,362 ACT 20 2/27/2009 1/31/2010 PRIME CELLAR LLC PRIME CELLAR 4103 1870 EL CAMINO REAL http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 11 of 14 BURLINGAME,CA 94010-3128 Census Tract:6050. 93) 477764 ACT 21 6/22/2009 5/31/2010 GARFIELD BEACH LONGS DRUG ONE CVS DR 4103 CVS LLC STORE 9811 WOONSOCKET, 1871 EL CAMINO RI 02895-6146 REAL BURLINGAME,CA 94010-3220 Hl I I Census Tract:6050. 94) 397680 ACT 47 9/29/2003 8/31/2009 CRYSTAL SPRINGS WEDGEWOOD 2180S 4100 F&B OPERATOR LLC CRYSTAL MCDOWELL 6650 GOLF COURSE SPRINGS F&B BOULEVARD EXT DR PETALUMA,CA BURLINGAME,CA 94954 94010 Census Tract:6135.01 95) 397680 ACT 68 9/29/2003 8/31/2009 CRYSTAL SPRINGS WEDGEWOOD 2180S 4100 F&B OPERATOR LLC CRYSTAL MCDOWELL 6650 GOLF COURSE SPRINGS F&B BOULEVARD EXT DR PETALUMA, CA BURLINGAME,CA 94954 94010 Hi I Census Tract:6135.01 96) 389313 ACT 41 9/16/2002 8/31/2009 CHEN MIKE TEA PLUS 4103 1100 HOWARD AVE NOODLE BURLINGAME,CA 94010 Census Tract:6055. 97) 395225 ACT 41 5/22/1996 5/31/2010 YOSIZONO TOMOKAZU 4103 JAPANESE CUISINE JAPANESE CORP CUISINE 1101 HOWARD AVE RESTAURANT BURLINGAME,CA 94010 H H Census Tract:6055. 98) 308772 ISUS 41 7/27/1995 6/30/2009 SHIWEI USA ARCHIPELAGO 4103 ENTERPRISES GRAND VIEW 1107 HOWARD AVE BISTRO BURLINGAME,CA 94010 Census Tract:6055. 99) 3676638 R65 41 9/28/2000 8/31/2010 COCONUT BAY COCONUT BAY 4103 COMPANY INC 1300 HOWARD AVE BURLINGAME,CA 94010 Census Tract:6055. 100) 367638 ACT 47 2/15/2006 1/31/2010 COCONUT BAY COCONUT BAY 4103 COMPANY INC 1300 HOWARD AVE BURLINGAME,CA 94010 Census Tract:6055. 101) 1 64300 ACT 21 1/22/1987 6/30/2010 SAFEWAY INC SAFEWAY INC 948 PO BOX 29096 4103 http://www.abc.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 12 of 14 1450 HOWARD AVE PHOENIX,AZ BURLINGAME,CA 85038-9096 94010 Census Tract:6055. 102) 450559 ACT 21 5/4/2007 4/30/2010 HADDADIN BASHAR SUNRISE CAFE 4103 WADEE DELI MARKET 948 HOWARD AVE BURLINGAME,CA 94010-3009 Census Tract:6054. 103) 450050 ACT 41 5/4/2007 4/30/2010 HADDADIN BASHAR SUNRISE CAFE 4103 WADEE DELI MARKET 948 HOWARD AVE BURLINGAME,CA 94010-3009 Census Tract:6054. 104) 451237 ACT 48 6/4/2007 5/31/2010 BURLINGAME ALIBI THE 4103 DELIGHT INC THE 220 LORTON AVE BURLINGAME,CA 94010-4204 Census Tract:6055. 105) 305305 ACT 48 5/1/1995 4/30/2010 FLYNN PATRICK PADDY FLYNNS 4103 246 LORTON AVE BAR BURLINGAME,CA 94010 Census Tract:6055. 106) 40850.4 ACT 47 3/22/2004 2/28/2010 ZEYNO ZENYO 4103 CORPORATION MEDITERRANEAN 248-50 LORTON AVE GRILL BURLINGAME,CA 94010 Census Tract:6055. 107) 468060 ACT 47 7/25/2008 9/30/2009 MOUNTAIN GOAT TRAPEZE 4103 RESTAURANTINC 266 LORTON AVE BURLINGAME,CA 94010-4204 Census Tract:6055. 108) 475774 ACT 41 8/31/2009 11/30/2009 NWL LLC NECTAR WINE 4103 270 LORTON AVE LOUNGE& BURLINGAME,CA RESTAURANT 94010-4204 Census Tract:6055. 109) 347122 ACT 47 6/18/1999 5/31/2010 SHARIF TOORAJ ECCO 322 LORTON AVE 4103 322 LORTON AVE BURLINGAME, BURLINGAME,CA CA 94010 94010 Census Tract:6055. 110) 373383 ACT 47 4/2/2001 3/31/2010 IL FORNAIO IL FORNAIO 770 TAMALPAIS 4103 AMERICA DR CORPORATION CORTE MADERA, 327 LORTON AVE CA 94925 BURLINGAME,CA 94010 Census Tract:6055. http://www.abc.ca.gov/datport/AHCltyRep.asp 9/10/2009 Page 13 of 14 111) 47335.9 ACT 20 8/20/2009 7/31/2010 HOLIDAY HOUSE THE HOLIDAY 4103 THE HOUSE 348 LORTON AVE BURLINGAME,CA 94010-4104 Census Tract:6055. 112) 463641 ACT 20 3/19/2008 2/28/2010 ANGUTANO BLAS OAK GROVE 4103 1000 OAK GROVE MARKET AVE BURLINGAME,CA 94010-2731 Census Tract:6054. 113) 469613 R65 41 11/19/2008 10/31/2009 ROTI RESTAURANTS ROTI INDIAN 4103 LLC BISTRO 209 PARK RD BURLINGAME,CA 94010-4205 Census Tract:6055. 114) 469613 ACT 47 7/15/2009 6/30/2010 ROTI RESTAURANTS ROTI INDIAN 4103 LLC BISTRO 209 PARK RD BURLINGAME,CA 94010-4205 Census Tract:6055. 115) 426-092 ACT 48 3/3/2005 2/28/2010 AGSJ INC VINYL ROOM THE 4103 221 PARK RD BURLINGAME,CA 94010 Census Tract:6055. 116) 291395 ACT 41 2/3/1994 1/31/2010 KOMINDR MARTIN NARIN THAI 4103 231 PARK RD CUISINE BURLINGAME,CA 94010 Census Tract:6055. 117) 342793 ACT 41 7/3/1998 3/31/2010 SAKAE INC SAKAE 4103 240 PARK RD BURLINGAME,CA 94010 Census Tract:6055. 118) 454356 ACT 21 7/16/2007 6/30/2010 SAWAYA HADIL BAGGYS 4103 1535 PLAZA LN LIQUORS BURLINGAME,CA 94010-3203 Census Tract:6050. 119) 447996 ACT 41 2/26/2007 1/31/2010 GOOD BITES PIAZZA ITALIA 4103 321 PRIMROSE RD CAFE BURLINGAME,CA 94010-4404 Census Tract:6055. 120) 424365 ACT 47 1/5/2007 12/31/2009 AM FERRARI STELLA ALPINA 4103 CORPORATION OSTERIA 401 PRIMROSE RD BURLINGAME,CA 94010-4009 Census Tract:6055. 121) 440556 ACT 47 8/17/2006 7/31/2010 JH LIM —11 BARRACUDA IF 4103 http://www.abe.ca.gov/datport/AHCityRep.asp 9/10/2009 Page 14 of 14 CORPORATION 347 PRIMROSE RD B BURLINGAME, CA 94010 Census Tract:6055. 122) 358957 ACT 20 12/16/1999 11/30/2009 PDB CORP PENA RIDGE PO BOX 2067 4103 2018 RAY DR WINES BURLINGAME, BURLINGAME,CA CA 94011-2067 94010-4656 Census Tract:6050. 123) 479064 ACT 47 8/3/2009 7/31/2010 MEDALLION MEDALLION 4103 STEAKHOUSEINC STEAKHOUSE 1095 ROLLINS RD BURLINGAME,CA 94010-2501 Census Tract:6054. 124) 75580_ ACT 41 7/19/1979 10/31/2009 ZANELLO ARTHUR ROYAL ATHLETIC 4103 1718 ROLLINS RD CLUB BURLINGAME,CA 94010 Census Tract:6051. 125) 33358:3 ACT 41 12/26/1997 8/31/2009 PRIME TIME PRIME TIME 4103 ATHLETIC CLUB INC ATHLETIC CLUB 1730 ROLLINS RD BURLINGAME,CA 94010 Census Tract:6051. 126) 429858 ACT 20 2/10/2006 1/31/2010 PERELLIMINETTI MPM PO BOX 1635 4103 MARIO JOSEPH BURLINGAME, WILLIAM CA 94011 1744 ROLLINS RD BURLINGAME,CA 94010-2208 Census Tract:6051. 127) 450383 ACT 20 4/23/2007 6/30/2010 7 ELEVEN INC 7 ELEVEN STORE PO BOX 2245 4103 975 ROLLINS RD 2231 14316D BREA,CA 92822- BURLINGAME,CA 2245 94010-2604 Census Tract:6054. 128) 444785 ACT 47 11/19/2007 10/31/2009 DAGO MARYS SHERMAN THE 1875 MISSION ST 4103 410 S AIRPORT BLVD SAN BURLINGAME,CA FRANCISCO,CA 94010-1902 94103-3501 Census Tract:6054. 129) 423303 ACT 41 4/27/2005 5/31/2010 FOR MY MA INC FRANCESCOS 4103 840 STANTON RD DELI &CAFE BURLINGAME,CA 94010 Census Tract:6051. ---End of Report--- For --For a definition of codes,view our wfiossa http://www.abe.ca.gov/datport/AHCltyRep.asp 9/10/2009 IN BURL( . AGENDA ITEM NO: 6b STAFF REPORT MEETING DATE: November 16,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: 11k6m DATE: November 10, 2009 APPROVED BY: - G FROM: William Meeker, Community Development Director—(650) 55&-'7255 SUBJECT: APPLICATION FOR TENTATIVE AND FINAL PARCEL MAP FOR A LOT SPLIT OF PARCEL A, BLOCK 4, BURLINGAME HILLS NO. 2, 12 VISTA LANE — PM 09-04, AND VARIANCE FOR LOT FRONTAGE FOR CREATION OF TWO LOTS WITH 55-FOOT WIDE STREET FRONTAGE WHERE 60 FEET OF STREET FRONTAGE IS REQUIRED, ON PROPERTY AT 12 VISTA LANE, LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE. This item has been removed from the agenda by staff and will be re-scheduled for a future date. This action was taken in light of information contained within a recent letter from an opponent to the project that calls into question the adequacy of the CEQA evaluation of the project. Staff will immediately proceed to conduct a revised evaluation of the project pursuant to CEQA and schedule the matter for re- consideration by the Planning Commission in advance of presenting the matter to the City Council. This error has been acknowledged by staff and discussed with the applicant, who has graciously consented to the delay in consideration of the matter. AGENDA ITEM: 6C CREW STAFF REPORTMEETING DATE: November 16.2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: November 9, 2009 APPROVED BY: FROM: William Meeker, Community Development Director— (650) 558-7255 SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.16.130 OF TITLE 25 OF THE BURLINGAME MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOMINIUM PERMIT AND TO AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS RECOMMENDATION The City Council should: ■ Conduct a public hearing and consider all information contained in the staff report, and any written and oral testimony; after conclusion of the public hearing; ■ Adopt the ordinance, by title only, waiving further reading; and ■ Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption. The public hearing for action was noticed in a newspaper of general circulation (The Examiner) on November 11, 2009. HISTORY City Council Introduction: On November 2, 2009, the City Council introduced the proposed ordinance to amend certain provisions of the Title 25 of the Burlingame Municipal Code. The Council, by a 5-0 vote, introduced the ordinance, directed the City Clerk to publish a summary of the ordinance and set the date for the second reading of the ordinance on November 16, 2009. Planning Commission Action: On September 14, 2009, the Planning Commission recommended that the City Council adopt the amendments to Title 25 of the Municipal Code (Zoning Ordinance). The City Council previously considered the amendments at its meeting of October 5, 2009 (see attached City Council Staff Report from that date which provides full analysis of the amendments, as well as the minutes from the meeting). At that time, the Council generally concurred with the Planning Commission's September 14, 2009 recommendations, but expressed a desire to include a "sunset clause" which would limit the life of the amendment related to approvals granted by the Planning Commission and/or City Council to a period of two years; after which time the time limits for permit 1 INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING CODE) November 16, 2009 approvals and extensions would revert back to the current one year initial term, with the opportunity for additional one year extensions beyond that initial term. The addition of the sunset clause was deemed a material change to the proposed amendments, causing the Council to remand the package of amendments back to the Planning Commission for consideration of the addition of the sunset clause. At its meeting of October 26, 2009, the Planning Commission conducted a public hearing to consider the proposed amendments extending time limits for approvals granted by the Planning Commission and/or City Council; extending the term for extensions of such approvals; and clarifying the appeal period for design review applications. The primary focus of the hearing was the addition of a sunset clause, as suggested by the City Council on October 5, 2009. Following conclusion of the public hearing, the Planning Commission moved to recommend approval of the amendments as contained in the draft resolution attached to this report, including the addition of a two year sunset clause, as follows: The term for this amendment extending time limits applicable to permits granted by the Planning Commission and/or City Council as referenced herein, shall "sunset" (expire) two (2) years following the effective date of the amendment; after which time, the initial term for permits granted following the "sunset" date shall be one (1) year, with the opportunity provided for one (1) year extensions; as stated within Section 25.16.130 of Title 25 of the Burlingame Municipal Code prior to adoption of the amendments contained herein. Impact of the Sunset Clause: Projects approved, or permits for which times limits have been extended, during the two year period that the extended time limits remain in place would continue to benefit from the extended time limits granted during the period of applicability of the amendments. Upon "sunset' of the amendment to the time limits, the remaining time limit for any existing approvals would be allowed to lapse in accordance with the latest approval; whether an initial approval, or extension. Beyond the "sunset' date, new project approvals would be subject to a one-year initial time limit, with the opportunity for one year extensions beyond that initial period. Prosect Description: The following amendments are proposed for consideration by the City Council: ■ Increase the initial time limit for exercising approvals granted by the Planning Commission and City Council from one year to three years (Burlingame Municipal Code Section 25.16.130 (a); ■ Amend the number and time limit for extensions from one year extensions (applicant may now apply for more than one extension) to a one-time, two-year extension (Burlingame Municipal Code Section 25.16.130 (a); ■ Provide for the application of the proposed time limit amendments to approvals that have not yet expired, or are still within an approved one-year extension; and ■ Clarify and amend the appeal period for design review applications from 7 days to 10 days to be consistent with appeal periods for other applications (Burlingame Municipal Code Section 25.57.030 (h). 2 INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING CODE) November 16,2009 BACKGROUND: Increase the Time Limit for Exercising Approvals Granted by Planning Commission and City Council: Residents and business owners in the City of Burlingame have been experiencing economic difficulties during the recession. In its second quarterly report of 2009(released June 16, 2009), UCLA Anderson Forecast senior economist Jerry Nickelsburg notes "there is nothing happening in California that will help pull the state out of recession in advance of the nation."The Forecast also says that`overall, the forecast for California is for a very weak first two quarters of 2009,to be followed by very little growth in the last six months of the year.The economy will begin to pick up in 2010 and return to more normal levels of growth in 2011." In speaking with homeowners, contractors and developers, Planning Division staff is finding that because of the recession,many applicants are postponing building projects approved by the Planning Commission and City Council until the economy recovers. Applicants have given several reasons for deferring projects,including job loss and difficulties in obtaining a construction loan or obtaining a loan at a reasonable rate. Currently, the Zoning Code (Code Section 25.16.130) requires construction for a project which includes approval of a variance,conditional use permit,special permit,condominium permit or design review application to commence within one year from the date of approval by the Planning Commission and/or City Council. Planning staff would note that a building permit must be issued within that one year period. If the applicant is unable to commence with the use or obtain a building permit within one year of approval,the Commission may grant a one-year extension upon request by the applicant. Currently,the Zoning Code allows the Commission to grant more than one extension upon review of the application;though,historically,the policy has been to grant only one extension. Staff would note that in the case of a condominium or condominium conversion project,the approval is valid until the tentative map for the condominium subdivision expires, which is two years during which time a building permit must be issued. Generally, an extension of up to three years may be considered if application is made before the end of the second year,in accordance with the provisions of the Subdivision Map Act for a Tentative Map. This proposed amendment would not make any changes to time limits involving condominium projects. As previously noted, applicants are increasingly deferring projects because of the current economic situation. The existing time limit to exercise an approval may not be sufficient to keep permits alive until the economy recovers. Often, applicants may be forced to let permits expire or may not remember to apply for an extension. In addition,other cities have time limits for exercising approvals which exceed our current provisions. Based on these factors, this amendment is proposed to increase the time limit of the initial term for exercising approvals granted by the Planning Commission and City Council from one year to three years. The amendment would also change the time limit for extensions from unlimited, one-year extensions to a one time,two-year extension to provide a control on the extensions. Combined,these amendments would provide an applicant up to five years to exercise their approval and obtain a building permit to construct the project. It is suggested that the revised time limits also be applied to approvals that have not yet reached their initial expiration, or that have been extended and remain valid; in other words,an initial one-year approval that has not expired as of the effective date of the amendments would be automatically receive a two-year additional term for the initial approval (resulting in an initial term of three years). For those approvals that have received a one-year extension; an additional one-year would be added to the extension period (for an extension period totaling two years). Given the uncertainty regarding when the economy may be expected to recover, the increase in the time limit to exercise an approval and a longer extension period would provide applicants ample time to obtain the appropriate financial resources for their projects. 3 INTRODUCE ORDINANCE AMENDING TITLE 25 (ZONING CODE) November 16, 2009 For comparison, Table 1 below describes the approval periods for cities close to Burlingame and throughout the state. Table 1 - Comparison of Time Limits for Exercising Approvals City Approval Period Extension Total City of Burlingame (current) _ 1 year 1-year extensions 2+ years ..... ..... .... i ....... _..__._._.._ City of Burlingame (proposed) 3 years 2 years 5 years .............................................................................................................................................................-- ----...---...................................... - ----._....._............................. -...................................................---- -- City of San Mateo 2 years 2 years 4 years .................__.................................................................._..._........_ _ ....----.............---.................__..............._.__._. ._........................_......_......_.................................................._.... __.__.._..........................................._......_..._............... City of Millbrae 1 to 3 years 1 -year extensions i 4+ years .. ....................-- .._....__._................_ _._...._...----.._......__ ............................_..........--- -- -- ..........................__..._.._........_...............----................................._.._.---..._.._...._._._........................................I.._._..._._-.............. City of Lomita 1 ....................__ .�._..._ __..___. _ _ .... City of Modesto 2 years j 1 -year extensions 3+ years .... ..............__.............._................-_..........._._...__... _.� ---. _..�—�-- ........................................ . ....... __........ ...--------.--------------------------------_._....._..._......... City of Sacramento 3 years up to 5 years 8 years ................ . ...... .......... ............................................_._ _ _— ----..._.._............................ . . ........._....__.......... __-�_..._.._..................................................................................._. -................................................................_........... City of Salinas 1 year k none 1 year ......................................................................................................................._............-._ ...-..-_.___._....._......_...............................................................___......__.........................._.........I..... ............ ..............................._.__--... ............................. ... ................... City of San Marino 1 year 1-year extensions 1 2+ years ......................_....................... ... ...... ................... ................................_ _ ..._.._._—_..._.................................. ............................_..--._._..__... ._._._...._--._.........................................................................................._.........._.._...._...............................................................-....._............ City of Thousand Oaks 3 years 2, 2-year extensions 7 years Planning staff would note that since January of 2007, approximately 30 applications reviewed and approved by the Planning Commission were not submitted for a building permit (includes design review, conditional use permit, variance, special permit and condominium applications). In addition, the Building Division reports that in the same time period, approximately 15 applications reviewed by the Commission were approved by the Building Division, but have not yet been issued building permits because the applicant has not paid the permit fees. The proposed amendment would apply to all future applications approved the Planning Commission and City Council and would also apply to all previously approved projects that are within their initial approval term, or extension term. Unfortunately, current laws do not allow for this amendment to be retroactively applied to projects for which approvals have expired by the effective date of the amendment. These applicants would need to reapply as a new project. Please note that the sole purpose of the amendments is to provide a greater timeframe for project proponents to complete their projects (e.g. receive financing approval, obtain building permits, etc.). Adoption of the proposed amendments would not "freeze" any applicable development and/or permit fees at levels that would have been collected during the initial term of the approvals. All fees collected at the time of permit issuance would be those in effect at the time the permits for construction are actually issued; unless the project includes a vesting subdivision map as part of the approval. Clarify the Appeal Period for Design Review Applications: While recently reviewing the Zoning Code, Planning staff noted an inconsistency in the appeal period for design review applications. Previously, the Zoning Code stated that the appeal period for all Planning Commission approvals ended at the following City Council meeting, which was usually seven days after an application was approved. Several years ago, the Zoning Code was amended to establish a 10-day appeal period. Burlingame Municipal Code Section 25.16.040, which applies to all applications approved by the Commission, states that "the determination and order of the commission shall become final and conclusive after ten (10) days from the date of the commission decision if no appeal is filed." However, the change to the appeal period for design review applications was inadvertently left out and never amended. Municipal Code Section 25.57.030 (h) (Design Review) states that "Decisions of the Planning Commission under this chapter shall be subject to appeal to the city council and. . .that the determination of the commission shall become final and conclusive in seven (7) days from the date of the Commission decision if no appeal is filed with the City Clerk." 4 INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING CODE) November 16, 2009 Planning staff has been applying the 10-day appeal period to all approved applications, including design review projects. The proposed amendment ordinance would eliminate the inconsistent language in the second part of Code Section 25.57.030 (h) so that approved design review applications would also be subject to the 10-day appeal period. Environmental Review Status: The proposed changes to the Zoning Code are Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15061(b) (3) of the California Guidelines for Implementation of the California Environmental Quality Act (CEQA) which states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. No significant environmental impacts would occur as a result of this amendment. Attachments: ■ Draft Ordinance Amending Chapter 25.16.130 of Title 25 of the Burlingame Municipal Code ■ October 5, 2009 City Council Staff Report ■ October 5, 2009 City Council Minutes • August 24, 2009; September 14, 2009; and October 26, 2009 Planning Commission Minutes 5 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.16.130 OF TITLE 25 OF 3 THE BURLINGAME MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOMINIUM PERMIT AND TO 4 AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS 5 6 The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows: 7 Section 1. Section 25.16.130 is amended to read as follows: 8 25.16.130 Time limit for exercise of variance, conditional use permit, special permit, or 9 condominium permit. to (a) Where a use is conditional upon the granting of a variance or the issuance of a 11 conditional use permit or special permit, such use shall be commenced within a period of three years 12 from the date of the granting of the variance or the issuance of the conditional use permit or special 13 permit, and in the event that such use shall not have been so commenced within such period, such 14 variance or permit shall become null and void. The commission is authorized to grant one extension for a i5 period not exceeding two years upon application. 16 (b) In those instances where an initial approval referenced in 25.16.130 (a) remains valid as 17 of (effective date of this ordinance), the initial approval shall be automatically extended for a period of 18 two additional years from the initial expiration date. For those approvals granted a one-year extension 19 that remains effective as of (effective date of this ordinance), the term of the extension shall be 20 increased by one-year from the date of expiration. 21 (c) However, where a variance, conditional use permit, special permit, or condominium 22 permit has been granted or issued for conversion or development and construction of a condominium 23 pursuant to Title 26, the variance or permit shall become null and void when the tentative map for the 24 condominium expires because no final map has been filed pursuant to State law and this code, rather 25 than the time limits specified in subsection (a) above. 26 (d) Notwithstanding the amount of applicable development impact fees and/or permitting 27 fees in place at the time of the initial approvals; such fees collected shall be in the amount adopted by 28 resolution of the Burlingame City Council as of the date of Building Permit issuance. 29 (e) The term for this amendment extending time limits applicable to permits granted by the 30 Planning Commission and/or City Council as referenced herein, shall "sunset' (expire) two (2) years 31 following the effective date of the amendment; after which time, the initial term for permits granted 32 following the "sunset' date shall be one (1) year, with the opportunity provided for one (1) year -1 I extensions; as stated within Section 25.16.130 of Title 25 of the Burlingame Municipal Code prior to 2 adoption of the amendments contained herein. 3 Section 2. Section 25.57.030 is amended to read as follows: 4 25.57.030 Design Review Process. 5 (a) Any person seeking approval of construction to be reviewed under this chapter shall 6 submit an application for design review to the director of community development in the same form and 7 containing the same signatures as provided in Section 25.16.040 of this title. The schematic design 8 plans submitted with the application shall demonstrate the architectural details of the proposal, and in 9 the case of an addition, of the existing structure and the addition. 10 (b) Upon completion of the application, the schematic design plans and the application shall 11 be referred to the planning commission for study. The study meeting shall be noticed in accordance with 12 the provisions for notice in this title. If at the study meeting, the planning commission determines that 13 formal design review is not required for the application or that only minor changes are needed, the 14 planning commission may order that the application not be subject to subsection (c) below and will 15 proceed directly to hearing under subsection (e). 16 (c) If the commission instead refers the application for further design review, the plans 17 submitted shall be referred by the director of community development on a random basis to the 18 appointee professional described above for review and comment. The appointee's analysis shall be 19 forwarded to the planning commission. 20 (d) No prior mailed notice of the appointee's review is necessary. However, notice of the 21 commission's review of and hearing on each application under this chapter shall be given a provided in 22 Section 25.16.050. 23 (e) A design review application in an R-1 district shall be reviewed by the planning 24 commission for the following considerations: 25 (1) Compatibility of the architectural style with that of the existing character of the 26 neighborhood; 27 (2) Respect for the parking and garage patterns in the neighborhood; 28 (3) Architectural style and consistency and mass and bulk of structures, including accessory 29 structures; 30 (4) Interface of the proposed structure with the structures on adjacent properties; 31 (5) Landscaping and its proportion to mass and bulk of structural components; and 32 (6) In the case of an addition, compatibility with the architectural style and character of the existing structure as remodeled. -2 1 (f) A design review application in a C-1 or C-2 district shall be reviewed by the planning 2 commission for the following considerations: 3 (1) Support of the pattern of diverse architectural styles that characterize the city's 4 commercial areas; and 5 (2) Respect and promotion of pedestrian activity by placement of buildings to maximize 6 commercial use of the street frontage, off-street public spaces, and by locating parking so that it does 7 not dominate street frontages; and 8 (3) On visually prominent and gateway sites, whether the design fits the site and is 9 compatible with the surrounding development; and 10 (4) Compatibility of the architecture with the mass, bulk, scale, and existing materials of 11 existing development and compatibility with transitions where changes in land use occur nearby; and 12 (5) Architectural design consistency by using a single architectural style on the site that is 13 consistent among primary elements of the structure, restores or retains existing or significant original 14 architectural features, and is compatible in mass and bulk with other structures in the immediate area; 15 and 16 (6) Provision of site features such as fencing, landscaping, and pedestrian circulation that 17 enriches the existing opportunities of the commercial neighborhood. 18 (g) The applicant shall bear the burden of demonstrating to the satisfaction of the planning 19 commission that the applicant's design and project comply with the design criteria set forth in 20 subsections (e) or (f) above, as applicable. The commission may deny, deny without prejudice, approve, 21 or approve with conditions any application under this chapter. 22 (h) Decisions of the planning commission under this chapter shall be subject to appeal to 23 the city council and the effectiveness as provided in Sections 25.16.070 through 25.16.130. 24 Section 3. This ordinance shall be published as required by law. 25 26 Mayor 27 28 I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify dthat the foregoing ordinance was introduced at a regular meeting of the City Council held on the 2 day oof 29 November, 2009 and adopted thereafter at a regular meeting of the City Council held on the 16 Ihday of November, 2009, by the following vote: 30 AYES: COUNCILMEMBERS: 31 NOES: COUNCILMEMBERS: 32 ABSENT: COUNCILMEMBERS: City Clerk -3 AGENDA ITEM NO: �BURLINGAME� STAFF REPORT l MEETING DATE: October 5,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: September 29, 2009 APPROVED BY: FROM: William Meeker, Community Development Director-(650) 558-7255 SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.16.130 OF TITLE 25 OF THE BURLINGAME MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOMINIUM PERMIT AND TO AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS INTRODUCTION: The City Council should review the proposed ordinance amending certain provisions of the Zoning Code, suggest any changes, if desired; and introduce the ordinance. The following actions should be taken to introduce the ordinance; A. Request City Clerk to read title of the proposed ordinance. B. Waive further reading of the ordinance. C. Introduce the proposed ordinance. D. Direct the City Clerk to publish a summary of the ordinance at least five days before proposed adoption. If the proposal for the amendments to the Zoning Code is clear, this item should be set for a public hearing, and consideration for adoption at the Council meeting of October 19, 2009. Environmental Review Status: The proposed changes to the Zoning Code are Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15061(b)(3) of the California Guidelines for Implementation of LL. !'�_I'I__ _ .- _l�l /'1...I"L, A_1 /!'�rllAl L:�L 1.1.. 1L�L L.... 't L. "1L —ainty LLat L11C Call U111ld CIIVIIUnrrit:ntal Quality Act �lrChC/1) wI11111 �LdLCS Llldl YV%IICIC IL l.all LJC JCCII 11VILI1 lelldlllly llldl there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. No significant environmental impacts would occur as a result of this amendment. Planning Commission Action: On August 24, 2009, the Planning Commission reviewed the proposed changes to the Zoning Code at a regular St.'dy session. The COmi??l 1—1 1.Karl ca�rcra( ^,�:esti;?r1S regarding the proposed amendments and d i n (ref to antt nhcrl Alin ict 7 2009 PIM n Commission responses vrere provided by staff a� the meeting ����er .�. e.�a..� A-ze -� 4, nn{ny Minutes). The Commission suggested no changes to the proposed amendments at that time. At the Planning Commission meeting on September 14, 2009, the Commission held a public hearing on the proposed changes to the Zoning Code (refer to attached September 14, 2009 Planning Commission R Minutes). One person from a ie public Spoke noting that ti ie init approval should be 'valid for only two (2) years instead of three (3) years, because with the two-year extension a total of five (5) years is too long; that INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING CODE). October 5,2009 it is a good idea to make the amendments retroactive to include active project approvals;and that increasing the appeal period to ten(10)days for design review applications is good because it provides more time for anyone interested in the project to appeal. The Commission noted that they agree with the changes suggested by staff. However,they expressed some concern about the initial approval term of three(3)years being too long and noted that they would be more comfortable with an initial two(2)year term. On the other hand,the Commission also pointed out that there could be fewer requests for extensions with an initial three (3) year term. The Commission recommended the proposed changes to the Zoning Code, as presented (with a three-year initial term),to the City Council for action. Proiect Description: The following amendments are proposed for consideration by the City Council: • Increase the initial time limit for exercising approvals granted by the Planning Commission and City Council from one year to three years(Burlingame Municipal Code Section 25.16.130(a); • Amend the number and time limit for extensions from one year extensions(applicant may now apply for more than one extension)to a one-time,two-year extension(Burlingame Municipal Code Section 25.16.130(a); • Provide for the application of the proposed time limit amendments to approvals that have not yet expired,or are still within an approved one-year extension;and • Clarify and amend the appeal period for design review applications from 7 days to 10 days to be consistent with appeal periods for other applications (Burlingame Municipal Code Section 25.57.030 (h). Attachment"A" is an edited copy of the existing code sections with strikeouts and proposed new language. Attachment"B"is a clean copy of the ordinance as it would be adopted. Background: Increase the Time Limit for Exercising Approvals Granted by Planning Commission and City Council: Residents and business owners in the City of Burlingame have been experiencing economic difficulties during the recession. In its second quarterly report of 2009 (released June 16, 2009), UCLA Anderson Forecast senior economist Jerry Nickelsburg notes"there is nothing happening in California that will help pull the state out of recession in advance of the nation."The Forecast also says that"overall, the forecast for California is for a very weak first two quarters of 2009, to be followed by very little growth in the last six months of the year.The economy will begin to pick up in 2010 and return to more normal levels of growth in 2011." In speaking with homeowners, contractors and developers, Planning Division staff is finding that because of the recession, many applicants are postponing building projects approved by the Planning Commission and City Council until the economy recovers. Applicants have given several reasons for deferring projects, including job loss and difficulties in obtaining a construction loan or obtaining a loan at a reasonable rate. Currently, the Zoning Code (Code Section 25.16.130) requires construction for a project which includes approval of a variance, conditional use permit, special permit, condominium permit or design review application to commence within one year from the date of approval by the Planning Commission and/or City Council. Planning staff would note that a building permit must be issued within that one year period. If the applicant is unable to commence with the use or obtain a building permit within one year of approval, the Commission may grant a one-year extension upon request by the applicant. Currently, the Zoning Code allows the Commission to grant more than one extension upon review of the application;though,historically, the policy has been to grant only one extension. -2- INTRODUCE ORDINANCE AMENDING TITLE 25 (ZONING CODE). October 5, 2009 Staff would note that in the case of a condominium or condominium conversion project, the approval is valid until the tentative map for the condominium subdivision expires, which is two years during which time a building permit must be issued. Generally, an extension of up to three years may be considered if application is made before the end of the second year, in accordance with the provisions of the Subdivision Map Act for a Tentative Map. This proposed amendment would not make any changes to time limits involving condominium projects. As previously noted, applicants are increasingly deferring projects because of the current economic situation. The existing time limit to exercise an approval may not be sufficient to keep permits alive until the economy recovers. Often, applicants may be forced to let permits expire or may not remember to apply for an extension. In addition, other cities have time limits for exercising approvals which exceed our current provisions. Based on these factors, this amendment is proposed to increase the time limit of the initial term for exercising approvals granted by the Planning Commission and City Council from one year to three years. The amendment would also change the time limit for extensions from unlimited, one-year extensions to a one time, two-year extension to provide a control on the extensions. Combined, these amendments would provide an applicant up to five years to exercise their approval and obtain a building permit to construct the project. It is suggested that the revised time limits also be applied to approvals that have not yet reached their initial expiration, or that have been extended and remain valid; in other words, an initial one-year approval that has not expired as of the effective date of the amendments would be automatically receive a two-year additional term for the initial approval (resulting in an initial term of three years). For those approvals that have received a one-year extension; an additional one-year would be added to the extension period (for an extension period totaling two years). Given the uncertainty regarding when the economy may be expected to recover, the increase in the time limit to exercise an approval and a longer extension period would provide applicants ample time to obtain the appropriate financial resources for their projects. For comparison, Table 1 below describes the approval periods for cities close to Burlingame and throughout the state. Table 1 - Comparison of Time Limits for Exercising Approvals City Approval Period Extension Total City of Burlingame (current) 1 year 1-year extensions 2+ years City of Burlingame (proposed) 3 years 2 years 5 years City of San Mateo 2 years 2 years 4 years City of Millbrae 1 to 3 years 1-year extensions 4+ years City of Lomita 1 year 1 - year extensions 2+ years City of Modesto 2 years 1-year extensions 3+ years City of Sacramento 3 years up to 5 years 8 years City of Salinas 1 year none 1 year City of San Marino 1 year 1 -year extensions 2+ years City of Thousand Oaks 3 years 2, 2-year extensions 7 years Planning staff would note that since January of 2007, approximately 30 applications reviewed and approved by the Planning Commission were not submitted for a building permit (includes design review, conditional use permit, variance, special permit and condominium applications). In addition, the Building Division reports that in the same time period, approximately 15 applications reviewed by the Commission were approved by the -3- INTRODUCE ORDINANCE AMENDING TITLE 25(ZONING CODE). October 5,2009 Building Division,but have not yet been issued building permits because the applicant has not paid the permit fees. The proposed amendment would apply to all future applications approved the Planning Commission and City Council and would also apply to all previously approved projects that are within their initial approval term,or extension term. Unfortunately, current laws do not allow for this amendment to be retroactively applied to projects for which approvals have expired by the effective date of the amendment. These applicants would need to reapply as a new project. Please note that the sole purpose of the amendments is to provide a greater timeframe for project proponents to complete their projects (e.g. receive financing approval, obtain building permits, etc.). Adoption of the proposed amendments would not "freeze" any applicable development and/or permit fees at levels that would have been collected during the initial term of the approvals. All fees collected at the time of permit issuance would be those in effect at the time the permits for construction are actually issued; unless the project includes a vesting subdivision map as part of the approval. Clarify the Appeal Period for Design Review Applications: While recently reviewing the Zoning Code, Planning staff noted an inconsistency in the appeal period for design review applications. Previously, the Zoning Code stated that the appeal period for all Planning Commission approvals ended at the following City Council meeting, which was usually seven days after an application was approved. Several years ago,the Zoning Code was amended to establish a 10-day appeal period. Burlingame Municipal Code Section 25.16.040,which applies to all applications approved by the Commission,states that"the determination and order of the commission shall become final and conclusive after ten (10) days from the date of the commission decision if no appeal is filed." However, the change to the appeal period for design review applications was inadvertently left out and never amended. Municipal Code Section 25.57.030(h) (Design Review)states that"Decisions of the Planning Commission under this chapter shall be subject to appeal to the city council and...that the determination of the commission shall become final and conclusive in seven(7) days from the date of the Commission decision if no appeal is filed with the City Clerk." Planning staff has been applying the 10-day appeal period to all approved applications, including design review projects. The proposed amendment ordinance would eliminate the inconsistent language in the second part of Code Section 25.57.030(h)so that approved design review applications would also be subject to the 10-day appeal period. Attachments: Attachment "A" - Edited Copy of the Proposed Ordinance Amending Title 25 of the Burlingame Municipal Code(Zoning Code) Attachment "B" - Clean Copy of the Proposed Ordinance Amending Title 25 of the Burlingame Municipal Code(Zoning Code) August 24 and September 14,2009 Planning Commission Minutes S.REPORTSICode AmendmentslAmend Time Limit forAppmvalsllntro Amend Time Limit Ordinance 10 05 09.doc -4- oke a ain and answered some questions posed by the speakers and commented about railroad quiet zones. Kent Lau er spo e There were no further comments from the floor. 7. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE FOR AMENDING CHAPTER 25.16.130 OF THE MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOAUNIUM PERMIT AND TO AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS CDD Meeker reviewed the staff report and requested Council consider amending the zoning code to increase the initial time limit for exercising approvals by the Planning Commission and City Council from one year to three years; amend the number and time limit for extensions from a one year extension to a one-time, two- year extension; provide for the application of the proposed time limit amendments to approvals that have not yet expired, or are still within an approved one-year extension; and clarify and amend the appeal period for design review applications from 7 days to 10 days to be consistent with appeal periods for other applications. Council discussion followed and it was suggested that a two year sunset clause be added to the Ordinance; after which time the original time limits for planning permits would be reinstated for projects approved after the sunset date. There was also a suggestion to adopt the changes as they were introduced, and then amend the ordinance again in two years. CDD Meeker advised that it was necessary to return it to the Planning Commission for consideration of the change. Councilwoman Nagel made a motion add a two year sunset clause to the Ordinance and return it to the Planning Commission; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. CONSIDER APPOINTMENT TO TRAFFIC, SAFETY, & PARKING COMMISSION CM Name eviewed therstaff report and recommended Council call for applications for the Traffic, Safety & Parking Co 'ssion. pplication deadline was set for October 30, 2009. 8. CONSENT C AR Councilwoman O'Mahony made a tion to approve the Consent Calendar; seconded by Councilman Deal. The motion was approved unanimously voice vote, 5-0. a. ADOPT A RESOLUTION AWARD BAYSHORE HIGHWAY SIGNAL INTERCONNECT TO W. BRADLEY EL TRIC DPW Murtuza requested Council adopt Resolution No. 91-200 arding contract for Bayshore Highway Traffic Signal Interconnect Project. b. APPROVAL FOR OUT-OF-STATE TRAVEL FOR EMERGEN PREPAREDNESS COORDINATORS' ATTENDANCE AT THE EMERGENCY MANA-ffe.,MENT INSTITUTE IN ENBUTSBURG, MARYLAND 3 Burlingame City Council October 5, 200 Approved Minutes CITY OF BURLINGAME PLANNING COMMISSION BURLINGAME APPROVED MINUTES Monday, August 24, 2009-7:00 p.m. City Council Chambers-501 Primrose Road Burlingame, California I. IQALL TO ORDER Chai errones called the August 24, 2009, regular meeting of the Planning Commission to order at 7:00 p.m. if. ROLL CALL Present: Commis 'oners Auran, Brownrigg, Terrones, Yie, and Lindstrom Absent: Commissione istica Staff Present: Community D elopment Director,William Meeker; Planning Manager, Maureen Brooks;and City Attorney, Gus Guinan III. MINUTES Commissioner A uran moved, seconded b ommissioner Brownrigg to approve the minutes of the August 10, 2009 regular meeting of the Planning C mission, with the following change.- Page hange.Page 9, "Discussion of Motion",revised sta meet to read. "Supports concern expressed regarding the negative environmental effects of installi vinyl windows". ® Page 9, last paragraph (record of vote); record ommissioner Lindstrom as absent. Motion passed 6-0-1 (Commissioner Vistica absent). IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR Pat Giorni, 1445 Balboa Avenue, spoke: Suggested that the Planning Commission and Building Division require dump ers to be placed upon properties during construction, unless extenuating circumstances prevent t i approach, or request that Public Works increase the permit fee for dumpster placement to cov the cost of damaged pavement. VI. STUDY ITEMS , awul1v ° C�vE(ZONING CODE.-0 INCREASEDTO TITLE'15 OF TiiE uvRLj#- 1 ev1%% Vr1% 1 4% THE TIME LIMIT FOR EXERCISING APPR^v VALS GRANT'ED BY THE PLANNING CGMfvIiSSiOiv AivU CiTY COUNCIL, TO AMEND THE TIME LIMIT FOR EXTENSIONS AND TO CLARIFY THE LAAPPEAL PERIOD FOR DESIGN REVIEW. STAFF CONTACT: RUBEN HURIN 1 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes August 24,2009 Community Development Director Meeker presented a summary of the staff report,dated August 24,2009. The proposed changes would extend the initial approval term for development entitlements from one-year to three-years. Project proponents would be permitted to request one,two-year extension of the initial term for a combined term of five-years. Current policy is to grant one,one-year extension;though a literal reading of the code implies that more than one extension is possible. The proposed amendments also include language that would create consistency between the appeal periods applicable to design review permits and other entitlements;creating a uniform ten-day appeal period;the appeal period for a design review permit is presently seven-days. Commission comments: • How did staff arrive at the 3-year time frame? (Meeker—reviewed other cities'approaches,also considered the timeframe applied to projects that involve a subdivision map.) • Is there a sense forthe number of approvals that are actually used;how many approvals are never used? (Brooks-We haven't kept records of the number of applications that are not pursued,the number of outstanding permits represents about 25%of the number approved in a year.) • Does the department intend to notify applicants of the change in the time frame for extensions? (Meeker—parties that currently hold valid approvals granted prior to the effective date of the ordinance change will be notified that their permits will be automatically extended;by two years if they are in the initial term,and by one year if the permit is in an extension period.) • Could it be tailored based upon project type; residential versus commercial; multi-family versus single-family? (Meeker—discouraged such a differentiation,would be hard to keep track,and all types are impacted by the economic downturn.) • How will the City ensure ongoing maintenance of properties prior to construction? (Meeker—the City's Code Enforcement Officer has the ability to work with property owners to ensure that properties are maintained in a clean and safe condition,many of the delayed projects are single family homes where someone still resides on the property.) • Would building code changes apply to project where the approvals were granted in advance of the changes?(Meeker—unless the project included approval of a vesting subdivision map,the codes in place at the time of issuance of a building permit would apply.) • Would fees be frozen at the time of project approval? (Meeker—Building Permit fees would be collected at the rate in place at the time of building permit issuance. If a project included approval of a vesting subdivision map,development impact fees would be those in place at the time the project was approved.) No changes to the proposed amendments were requested,and the item was scheduled for the Regular Action Calendar when ready for consideration. This item concluded at 7:22 p.m. VII. ACTION ITEMS Consent Ca e -Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless s discussion and/or action is requested by the applicant,a member of the public or a Commissioner prior to the Commission votes on the motion to adopt. Chair Terrones asked if anyone in the audience or on mmission wished to call any item off the consent calendar. Pat Giomi,1445 Balboa Avenue;requested the a(1613 Easton Drive)be pulled from the Consent Calendar. 2 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes September 14, 2009 ..Y... t.. . .f..Vai4:.e.'.L._ .4'.: .... C .'ry _'iT.C... —._...-. �.Y..-..: "�.�•...���� '� � .... . �. .._�.. .. ... _. .�.v.._.. z. . . ...Y._ 3 .. a..n Ylr.^R'Y that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s) based on t elevation at the top of the form boards per the approved plans; this survey shall be accepted by the • Engineer; 15. that prior to s eduling the framing inspection the project architect or residential designer, or another architect or rest ntial design professional, shall provide an architectural certification that the architectural details own in the approved design which should be evident at framing, such as window locations and b s, are built as shown on the approved plans; architectural certification documenting framing comp ce with approved design shall be submitted to the Building Division before the final framing inspecti shall be scheduled; 16. that prior to scheduling the roof deck in ection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that h • ht to the Building Department; and 17. that prior to final inspection, Planning Departmen aff will inspect and note compliance of the architectural details (trim materials, window type, etc. o verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Lindstrom. Discussion of motion: None. Chair Terrones called for a voice vote on the motion to approve. The motion passed 6-0-1. (Comm' ioner Cauchi absent). Appeal procedures were advised. This item concluded at 8:54 p.m. 7. AMENDMENT TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING CODE) TO INCREASE THE TIME LIMIT FOR EXERCISING APPROVALS GRANTED BY THE PLANNING COMMISSION AND CITY COUNCIL, TO AMEND THE TIME LIMIT FOR EXTENSIONS AND TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS. STAFF CONTACT: RUBEN HURIN Reference staff report dated September 14, 2009, with attachments. Senior Planner Hurin briefly presented the proposed amendments. The amendments would provide for an initial term of three (3) years for Planning Commission approvals, with the opportunity for one, two (2) year extension. Previously approved nrniact-q with valid annrnval.q wood have two (7) vParg added to thair initial tarm of annrnval nr in tha avant that a project is in the extension period, an additional one (1) year would be added to the extension. Additionally, the appeal period for design review applications is proposed to be changed to ten (10) days, as opposed to seven (7) days, consistent with other Planning permits. There were no questions of staff. Chair Terrones opened the public comment period. Public Comment: Pat Giorni, 1445 Balboa Avenue; spoke: (I. . L -1 L aL_ .-'L'_1 _ - -� C L_ L 1. �n� 1 t rr. �rt 'v� .v v"viGai 'in r ei. . a ' . W. i..�i Hili r i . i dl rlL a U, .airs . yi f .Rrri .,. '.. . {c!V . ..� �{{v {{ ..�{w. •.e Fi'{.i'{vVur `r'��.e{{d {v. v`. ..J iisv �r-� jvu. .`3, � LUL yr i.r�. �v� y,.ars rs Qrt� res. .`�. Good to make the amendments retroactive to active project approvals. Increasing the appeal period to ten (10) days is good; it provides more time for anyone interested in 13 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes September 14, 2009 the project to appeal. There being no further public testimony, the public hearing was closed. Commission comments: ■ Agree with the changes suggested by staff. ■ Some concern about the initial approval term of three (3) years being too long; would be more comfortable with an initial two (2) year term. ® Could be fewer extension requests with an initial three (3) year term. CommissionerAuran moved to recommend the proposed amendments foradoption by the City Council, as presented. The motion was seconded by Commissioner Vistica. The motion passed on a vote of 6-0-1 (Commissioner Cauchi absent). Discussion of motion: None. The Planning Commission's action is advisory and not appealable. This item concluded at 9:05 p.m. X. SIGN REVIEW STUDY ITEMS 8. 1256 C TEZ AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO- STORY SI E FAMILY DWELLING AND DETACHED GARAGE (NATALIE HYLAND,APPLICANT AND DESIGNER A AZIZ AND SAIMAAHMAD PROPERTY OWNERS) STAFF CONTACT: RUBEN HURIN Reference staff report ed September 14, 2009,with attachments. Senior Planner Hurin briefly presented the project description. Th were no questions of staff. Chair Terrones opened the public mm period. Natalie Hyland, 585 Quarry Road, San Ca s; represented the applicant. Commission comments: ■ The massing needs more work; there is a long fla all along the driveway side. ■ Porch is a bit shallow; could be a bit more prominent. ■ Right-side elevation could benefit from a redesign on the s and floor; perhaps add a pop-out with corbels. ■ Concerned about the pitch on the roof; consider changes to elimin A the flat roof portion. (Hyland— could add a slight parapet and slope to promote drainage.) Will be important to see the type of stone that is proposed. (Hyland — ; king and limestone or sandstone.) Windows on side elevations should have an arched detail to compliment eyebrowdormers. Th + i..,.,­.-Ar- ,W+h..+ :_ ..IpA ..+...... L...a. ..t,.i a t_— I-��..---:- makes tc r Vin: _aq ei _ t:!cc !_ _!as !'i _:1:!e som Sc ise, u: ::%1::: ! stone stop at the corner,terminate it around the corner, or fully continue the detail! Have v e stone features terminate in a logical location so that they don't appear as veneer. 14 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes October 26,2009 that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street;and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 9. tha a project shall complywith the Construction and Demolition Debris Recycling Ordinance which requir affected demolition,new construction and alteration projects to submit a Waste Reduction plan and eet recycling requirements;any partial orfull demolition of a structure,interior or exterior, shall require demolition permit; 10that the project sh I meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition,as am ded by the City of Burlingame; THE FOLLOWING CO ITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIO O THE INSPECTIONS NOTED IN EACH CONDITION 11. that prior to scheduling the framing spection the project architect or residential designer,or another architect or residential design profe ional, shall provide an architectural certification that the architectural details shown in the appro d design which should be evident at framing,such as window locations and bays,are built as sh wn on the approved plans;architectural certification documenting framing compliance with approv design shall be submitted to the Building Division before the final framing inspection shall be sche led; 12. that prior to scheduling the roof deck inspection,a lice ed surveyor shall shoot the height of the roof ridge and provide certification of that height to the B 'ding Division,and 13. that prior to final inspection, Planning Division staff will ins ct and note compliance of the architectural details (trim materials, window type, etc.) to verify at the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Yie. Discussion of motion: • They are not increasing the FAR,the slope of the lot creates an additional hardship. Chair Tenones called for a voice vote on the motion to approve. The motion passed 7-0. Th" item concluded at 7:30 p.m. 3. AMENDMENTS TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING CODE) TO INCREASE THE INITIAL TERM FOR LAND-USE APPROVALS GRANTED BY THE PLANNING COMMISSION AND CITY COUNCIL FROM ONE-YEAR TO THREE-YEARS,AMENDING THE TERM FOR EXTENSIONS OF THE TERM FOR LAND-USE APPROVALS FROM ONE-YEAR TO TWO-YEARS,AND TO MODIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS FROM SEVEN-DAYS TO TEN-DAYS. WITH RESPECT TO THE AMENDMENTS RELATED TO THE TERMS FOR LAND-USE APPROVALS(INITIAL TERM AND EXTENDED TERM),A TWO-YEAR SUNSET CLAUSE FROM THE EFFECTIVE DATE OF THE AMENDMENTS IS PROPOSED.(NEWSPAPER NOTICE—SAN MATEO COUNTY TIMES 10/16/09) STAFF CONTACT:RUBEN HURiN Reference staff report dated October 26, 2009, with attachments. Community Development Director Meeker presented the report,reviewed criteria and staff comments. 4 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes October 26, 2009 Chair Terrones opened the public hearing. Commission comments: ® Requested clarification regarding the impact of the sunset clause upon valid approvals. (Meeker — existing approvals would be permitted to run their term.) Would a two year initial term have caused the City Council to adopt the amendment without a sunset clause? (Meeker/Guinan — didn't appear likely.) Public comments: Pat Giorni, 1445 Balboa Avenue; spoke: ® Thought that the initial term should be a two year period. ® The whole idea of the change is based upon economic conditions. ® Doesn't see a problem with the sunset clause. There were no further comments and the public hearing was closed. Commissioner Lindstrom moved to recommend to the City Council, adoption of the amendments to Title 25 of the Burlingame Municipal Code (Zoning Code) relative to time limits forland-use approvals granted by the Planning Commission, extensions of time limits for Planning Commission approvals, and clarifying appeal procedures for design review applications. The motion was seconded by Commissioner Vistica. Discussion of motion.- None. otion:None. Chair Terrones called for a voice vote on the motion to recommend approval. The motion passed 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 7:37 p.m. IX----, DESIGN REVIEW STUDY ITEMS 4. 107 L VISTA DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECONDS Y ADDITION TO A SINGLE FAMILY DWELLING (UNA KINSELLA, APPLICANT AND APr'HITFr.T- Am_ A\/in ANn nmmmF WII I ni IC hHRY PRQPFPTY r1WNFPR) CTAFF r'QNTAr.T: ERICA STROHMEI ER Reference staff report dated Octob 61 2009, with attachments. Planning Manager Brooks briefly presented the project description. There w no questions of staff. Chair Terrones opened the public comment period. Commission comments: Where is the fourth bedroom? (Brooks — the den is considered to be th rth bedroom.) David Willoughby, 107 Loma Vista Drive and Una Kinsella, 1033 Paloma Avenue; rep :eted the applicant. 5 CITY 0 STAFF REPORT BURLJNGAME AGENDA ITEM# 6d %IFo9 Ao MTG. �Ao,Eo, wEb' DATE Nov 16,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY ' DATE: November 10,2009 APPROVED B FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: Public Hearing and Resolution Amending the Parks and Recreation Fees In the City of Burlingame Master Fee Schedule RECOMMENDATION: That the City Council: 1) Hold a public hearing; and 2) Approve a Resolution amending the Parks and Recreation fees in the City of Burlingame Master Fee Schedule. BACKGROUND: The City Council approved fee adjustments for the FY 2009-2010 budget on April 20, 2009. The adjustments are reflected in the City of Burlingame Master Fee Schedule. All fee adjustments became effective July 1, 2009. The Parks & Recreation department is adding several new rental fees, which are market based. In addition the department is delineating fees that will be applicable to San Mateo Union High School District and Burlingame School District as determined by the existence or absence of a facility use agreement with the city. DISCUSSION: The following new fees are added to the Master Fee Schedule: Tennis Court Rental Fees for private, commercial, business purposes such as private lessons. Ray Park and Washington Park Courts: Burlingame Residents - $16.00 per hour per court Non-Residents - $20.00 per hour per court Currently rentals are only allowed in four-hour increments at $30 per court for Burlingame residents and $50 per court for non-residents. Adopting an hourly fee per court will increase the rental opportunities for the department. Picnic Fees for Non-Profit Groups wanting to reserve facilities for private use. Cuernavaca, Village and Ray Parks $50 plus $50 refundable cleaning deposit 1 The Parks and Recreation department occasionally get requests from a Burlingame non-profit group to reserve these picnic area and currently there is no fee established for this use. These picnic areas are available to the public on a first-come, first-serve basis. Reservations would be limited to Burlingame non-profit groups requesting the rental and paying the fee. Rental of Park Space (not fields) for private, commercial, business purposes such as exercise boot camps, stroller exercise classes and private coaching. All City Parks (as determined appropriate by Parks & Recreation management) Burlingame Residents - $16.00 per hour Non-Residents - $20.00 per hour Banner HangingforBurlingame Events (as determined appropriate by Parks & Recreation management) $25 per banner School District Fees. Fees shall be applied to the district and its affiliated organizations (examples: PTA, Booster Clubs, Education Foundations) as follows: A. San Mateo Union High School District 1. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the SMUHSD fee schedule as it pertains to City use of similar SMUHSD facilities. 2. Picnic and special park facility fees, and staffing fees charged to SMUHSD shall be at the rates described in other sections of the fee schedule. B. Burlingame School District 1. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the BSD fee schedule as it pertains to City use of similar BSD facilities. 2. Picnic and special park facility fees, and staffing fees charged to BSD shall be at the rates described in other sections of the fee schedule. Pool fees for BSD use shall be charged at the non-profit rate. Currently Burlingame School District has an adopted facility use agreement with the city and fees are delineated in the Master Fee Schedule. San Mateo Union High School District does not have a facility use agreement in place with the city. City fees charged to the high school district will reflect the fees charged by the district to the city. ATTACHMENTS: A Resolution of the City Council of the City of Burlingame Amending the Parks and Recreation Fees in City of Burlingame Master Fee Schedule 2 MASTER FEE SCHEDULE PARKS & RECREATION DEPARTMENT Group Classifications for Purposes of Parks&Recreation Facilities Usage: Group A: City of Burlingame,Burlingame School District(per current joint use agreement) Group A-1: Recognized Burlingame based non-profit youth sports groups accredited by the P&R Commission Group B: Non-profit groups or organizations with IRS Section 501c(3)tax exempt status Group C: Private parties,commercial,business,and profit-making organizations School District Fees Fees shall be applied to the district and affiliated organization(examples: PTA,Boosters,Foundations)as follows: A. San Mateo Union High School District i. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the SMUHSD fee schedule as it pertains to City use of similar SMUHSD facilities. ii. Picnic and special park facility fees,and staffing fees charged to SMUHSD shall be at the rates described in other sections of the fee schedule. B. Burlingame School District i. Unless otherwise specified in an adopted facility use agreement, indoor and athletic facility fees shall be calculated administratively to be comparable to the BSD fee schedule as it pertains to City use of similar BSD facilities. ii. Picnic and special park facility fees,and staffing fees charged to BSD shall be at the rates described in other sections of the fee schedule. Pool fees for BSD use shall be charged at the non-profit rate. FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE INDOOR FACILITIES Burlingame High School Resolution No. 41-2008 Set by SMUHSD Main Gym Group A and A-1 Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents Small Gym Group A and A-1 Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents CITY-WIDE FEES - 33 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Other Indoor Facilities, except the Resolution No. 41-2008 Set by SMUHSD Auditorium Group A and Al Group B Burlingame residents Non-residents Group C Residents of SMUHSD Non-residents Auditorium Group A and Al Resolution No. 31-2003 No charge Group B Burlingame residents Resolution No. 33-2008 $32.00 per hour Non-residents Resolution No. 33-2008 $38.00 per hour Group C Burlingame Residents Resolution No. 33-2008 $83.00 per hour Non-residents Resolution No. 33-2008 $100.00 per hour Building Attendant* Resolution No. 33-2008 $39.00 per hour Field Attendant Resolution No. 41-2008 $39.00 per hour Weekend Custodian Resolution No. 27-2006 $80.00 per hour Weekday Custodian Resolution No. 31-2003 $25.00 per hour Extra,Non-Scheduled Hours Resolution No. 27-2006 $125 per hour Security Personnel* Resolution No. 33-2008 $118 per hour Tables/Chairs—up to 50 Resolution No. 33-2008 $8.00 per hour Tables/Chairs—5 1-100 Resolution No. 33-2008 $16.00 per hour Tables/Chairs—over 100 Resolution No. 33-2008 $22.00 per hour * Building Attendant or Security will be on duty 1 hour prior to and hour after duration of activities at Recreation Center. Security fee will be charged for all private parties over 150 persons or serving alcoholic beverages. CITY-WIDE FEES - 34 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Coffee Pots Resolution No. 33-2008 $12.00 per pot Wine/beer to be served Resolution No. 31-2003 $30.00 additional TV/VCR Resolution No. 31-2003 $10.00 Overhead Projector Resolution No. 31-2003 $10.00 Microphone Resolution No. 31-2003 $10.00 OUTDOOR FACILITIES Group A-1: Field Use per Season Resolution No. 33-2007 $10 per resident by Burlingame-based non-profit player per league youth sports group. Must be per season; accredited by the Parks & $30/non-resident Recreation Commission player per league per season CITY-WIDE FEES - 35 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Burlingame High School Stadium Field Group A and Al Resolution No. 31-2003 No charge Group B Burlingame residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 61-2006 $30.00 per hour Group C Burlingame residents Resolution No. 61-2006 $40.00 per hour Non-residents Resolution No. 31-2003 $50.00 per hour Stadium Track(Track only) Group A and Al Resolution No. 61-2006 No charge Group B Burlingame Residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 61-2006 $15.00 per hour Group C Burlingame residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 61-2006 $25.00 per hour Stadium Lights Group A and Al Resolution No. 61-2006 No charge Group B Burlingame residents $30 per hour Non-residents $30 per hour Group C Burlingame residents $39 per hour Non-residents $39 per hour Burlingame High School Back Field Resolution No. 41-2008 Set by SMUHSD Group A and A 1 Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents CITY-WIDE FEES - 36 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Burlingame High School Softball Field (#1 or 42) Resolution No. 41-2008 Set by SMUHSD Group A and Al Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents Burlingame High School Resolution No. 41-2008 Set by SMUHSD Tennis Courts Group A and Al Group B Burlingame residents Non-residents Group C Burlingame residents Non-residents Franklin Field Group A and Al Resolution No. 31-2003 No charge Group B Burlingame residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 33-2008 $20.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour CITY-WIDE FEES - 37 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Osberg Field Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 33-2008 $20.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Bayside Ball Fields #1 or#2 Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 33-2008 $20.00 per hour Group C Burlingame Residents Resolution No. 31-2003 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Bayside Field Lights $25 per hour Bayside Ball Fields#3 or#4 for softball or baseball Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $7.00 per hour Non-residents Resolution No. 33-2008 $15.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $15.00 per hour Non-residents Resolution No. 33-2008 $30.00 per hour Bayside Field Lights $25 per hour CITY-WIDE FEES - 38 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Bayside Ball Fields#3 or#4 for soccer Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 33-2008 $20.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Bayside Field Lights $25 per hour Cuernavaca Park Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 33-2008 $20.00 per hour Group C Burlingame Residents Resolution No. 31-2003 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Murray Field Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $40.00 per hour Non-residents Resolution No. 33-2008 $60.00 per hour Murray Field Lights $25 per hour CITY-WIDE FEES - 39 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Ray Park Ball Fields #1 or#2 Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $10.00 per hour Non-residents Resolution No. 33-2008 $20.00 per hour Group C Burlingame Residents Resolution No. 31-2003 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Ray Park Tennis Courts (per court) Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $15.00 for 4 hours Non-residents Resolution No. 61-2006 $25.00 for 4 hours Group C Burlingame Residents Resolution No. 61-2006 $30.00 for 4 hours $16.00 per hour Non-residents Resolution No. 61-2006 $50.00 for 4 hours $20.00 per hour Washington Park Main Ball Field for baseball Group A and Al Resolution No. 41-2008 No charge Group B Burlingame Residents Resolution No. 41-2008 $20.00 per hour+ field attendant Non-residents Resolution No. 41-2008 $40.00 per hour+ field attendant Group C Burlingame Residents Resolution No. 41-2008 $40.00 per hour+ field attendant Non-residents Resolution No. 41-2008 $60.00 per hour+ field attendant Washington Park Lights $25 per hour CITY-WIDE FEES - 40 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Washington Park Bullpen Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $5.00 per hour Non-residents Resolution No. 61-2006 $10.00 per hour Group C Burlingame Residents Resolution No. 33-2007 $20.00 per hour Non-residents Resolution No. 33-2008 $30.00 per hour Washington Park Main Ball field Outfield for Soccer Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $20.00 per hour Non-residents Resolution No. 33-2008 $40.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $40.00 per hour Non-residents Resolution No. 33-2008 $60.00 per hour Washington Park Lights $25 per hour Washington Park Small Ball field Group A and Al Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 61-2006 $7.00 per hour Non-residents Resolution No. 33-2008 $15.00 per hour Group C Burlingame Residents Resolution No. 61-2006 $15.00 per hour Non-residents Resolution No. 33-2008 $30.00 per hour CITY-WIDE FEES - 41 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Washington Park Tennis Courts (per court) Group A and A 1 Resolution No. 31-2003 No charge Group B Burlingame Residents Resolution No. 31-2003 $30.00 for 4 hours Non-residents Resolution No. 61-2006 $50.00 for 4 hours Group C Burlingame Residents Resolution No. 61-2006 $30.00 for 4 hours 516.00 per hour Non-residents Resolution No. 61-2004 $50.00 for 4 hours $20.00 per hour Pool—50 meter Group A and Al Resolution No. 31-2003 Lifeguard cost Group B Burlingame Residents Resolution No. 31-2003 $125.00 per hour plus lifeguard Non-residents Resolution No. 27-2006 $188.00 per hour plus lifeguard Group C Burlingame Residents Resolution No. 31-2003 $225.00 per hour plus lifeguard Non-residents Resolution No. 27-2006 $288.00 per hour plus lifeguard Pool (small pool) Group A Resolution No. 31-2003 Lifeguard cost Group B Burlingame Residents Resolution No. 27-2006 $63.00 per hour plus lifeguard Non-residents Resolution No. 31-2003 $95.00 per hour plus lifeguard Group C Burlingame Residents Resolution No. 31-2003 $125.00 per hour plus lifeguard Non-residents Resolution No. 27-2006 $188.00 per hour plus lifeguard CITY-WIDE FEES - 42 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Pool Lanes (short) Group A Resolution No. 31-2003 Lifeguard cost Group B Resolution No. 31-2003 $10.00 per lane per hour plus lifeguard Group C Resolution No. 27-2006 $16.00 per lane per hour plus lifeguard Pool Lanes (long) Group A Resolution No. 31-2003 Lifeguard cost Group B Resolution No. 31-2003 $20.00 per lane per hour plus lifeguard Group C Resolution No. 31-2003 $25.00 per lane per hour plus lifeguard Lifeguard (minimum of 2 per event) Resolution No. 31-2003 $25.00 per guard per hour Infield dragging and lining (subject Resolution No. 31-2003 Fees to be to availability determined by Parks Division based on conditions PICNIC PERMITS West-end of Washington Park Resolution No. 32-2009 $300.00 + $175 (April 20, 2009) refundable cleaning deposit Electrical Service Hook-up at West- Resolution No. 32-2009 $75.00 end of Washington Park (April 20, 2009) Small Picnic Area at Washington Burlingame residents Resolution No. 33-2008 $55.00 + $50 refundable cleaning deposit Non-residents Resolution No. 33-2008 $80.00 + $50 refundable cleaning deposit CITY-WIDE FEES - 43 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Large Picnic Area at Washington Burlingame residents Resolution No. 33-2008 $110.00 + $100 refundable cleaning deposit Non-residents Resolution No. 33-2008 $135.00 + $100 refundable cleaning deposit Non-profit Group Picnic Fees : New Fee (October 19, N/A $50.00 + $50 Cuernavaca, Village & Ray Parks 2009) refundable cleaning deposit Rental of Park Space for Private New Fee (October 19, N/A $16 per hour Classes (Exercise Boot Camps, 2009) (Residents) Stroller Exercise Classes & Other $20 per hour Private Uses) (Nonresidents) Picnic Equipment Rentals (Daily Resolution No. 32-2009 Fee) (April 20, 2009) Tables $2.00 per table Chairs $1.00 per chair Tents $10.00 per tent Risers $25 per riser CLASSES Class Fees Resolution No. 31-2003 To be set based on class provider and materials/facilities provided Registration Fees Resolution No. 33-2007 $10.00 Non-resident Fee on Classes Resolution No. 31-2003 Add 20%to class fee rounded to nearest dollar Senior discount—Burlingame Resolution No. 31-2003 25% off class fee residents age 65 and over on classes held at Recreation Center Senior discount—non-residents age Resolution No. 31-2003 Waive non-resident 65 and over fee CITY-WIDE FEES - 44 FACILITY/SERVICE REFERENCE CURRENT FEE NEW FEE Registration cancellation charge Resolution No. 33-2008 $7.00 per class or event TREE AND PARKS FEES Memorial tree plantings Resolution No. 33-2008 $175.00 Additional street tree plantings Resolution No. 32-2009 $95.00 (April 20, 2009) Protected Tree Removal Resolution No. 33-2008 $75.00 Applications Arborist's plan review for Resolution No. 33-2008 $163.00 landscaping requirements on planning applications (See also planning fee schedule) Arborist check of construction plans Resolution No. 33-2008 $163.00 and inspection of landscape requirements on building permit submittals Appeal to City Council from Resolution No. 33-2008 $146.00 Beautification Commission decision (does not include noticing costs) Noticing, City Council appeal Resolution No. 33-2008 $85.00 Banner Hanging New Fee (October 19, N/A $25.00 per hanging 2009) CITY-WIDE FEES - 45 CITY OF BURLINGAME NOTICE OF PUBLICE HEARING The City Council of the City of Burlingame will hold a public hearing to consider adoption of a Resolution amending the City's Master Fee Schedule to add new fees for certain recreation department facility rentals and services, including tennis court fees, picnic facility rental fees, park space rental fees, school district facility use fees and banner hanging services. The public hearing will be held at the City Council meeting on Monday, November 16, 2009 at 7:00 p.m. in the Council Chambers, City Hall, 501 Primrose Road, Burlingame, California. At the public hearing, members of the public may comment on the proposed Resolution. The City Council will consider all public comment and will decide whether or not to adopt the Resolution. For those unable to attend, written comments may be sent to the City Clerk, 501 Primrose Road, Burlingame, California 94010. For more information, contact Jim Skeels, Director of Park and Recreation, 650-558-7307, during regular business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE CITY'S MASTER FEE SCHEDULE TO ADD NEW FACILITY RENTAL FEES FOR TENNIS COURTS,PICNIC AREAS AND PARK SPACE,NEW RATES FOR BANNER HANGING SERVICES AND RATES FOR FACILITY USE BY THE SAN MATEO UNION HIGH SCHOOL DISTRICT AND THE BURLINGAME SCHOOL DISTRICT WHEREAS, each year, the City Council adopts the fiscal year master fee schedule for all of the fees and charges levied by the City Departments for City services or for the use of public facilities; and WHEREAS, the Park and Recreation Department, after reviewing its rates and charges for certain facilities as measured against market rates for similar facilities in the area,has determined that certain City facility use rates should be increased; and WHEREAS, the Park and Recreation Department has determined that the rates for use of City facilities by the San Mateo Union High School District and the Burlingame School District should be adjusted by the presence or absence of a joint facility use agreement with the City and each district; and WHEREAS,the Park and Recreation Department has determined that rental rates for tennis courts, picnic areas, park space and banner hanging should be increased in order to recover the full cost of providing these facilities and services; NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Burlingame as follows: 1) All of the facts recited above and in the staff report are true and correct. 2) The City Council approves the amendment to the City's Master Fee Schedule to include a) new rental rates for tennis courts,picnic areas,park space and banner hanging as are more specifically detailed in the revised Master Fee Schedule attached to the staff report; b) rental rates and facility use fees for the San Mateo High School District and the Burlingame School District as are more specifically detailed in the revised Master Fee Schedule attached to the staff report 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 16`b day of November,2009,by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney,City Clerk CITY o� STAFF REPORT BURUNGAME AGENDA ITEM# 8a w�oq Som MTG. �NATEO JUNEm DATE Nov. 16,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: November 10,2009 APPROVED BY FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: FIRST QUARTER FINANCIAL REPORT FOR FY 2009-2010 General Fund Revenues: First quarter revenues continue to decline from prior year collections. Total revenues for July, August and September of 2009 were $4,430,237. This amount represents a decrease of 13.6% or $697,115 from the same period last fiscal year. Total revenues for July, August and September of 2008 were $5,127,352. The city historically collects 10% of its revenue in the first quarter. Property Taxes—No property tax payments were received in the first quarter. The city receives about half of its property taxes in December. The other half is paid in April. Sales Taxes—The city only receives and posts one monthly advance from the State in the first quarter. Therefore it is difficult to establish a trend for the new fiscal year. The first quarter payment was $208,454, a 59% reduction from the first quarter payment of$510,262 that occurred in fiscal year 2008-2009. TOT Taxes—The city received $2,460,178 in the first quarter of the fiscal year. This amount represents a 24% reduction from the $3,244,161 collected in the first quarter of fiscal year 2008- 2009. Please note that first quarter TOT grew by 12% last fiscal year prior to the start of its decline. The double digit growth last year exacerbates the decline in the current fiscal year. General Fund Expenditures: First quarter expenditures total $8,923,858 and represent 23% of the total budget. Expenditures are down by $1.1 million or 11% from the prior year first quarter total of$10,047,951. Recommended Fiscal Posture: ➢ Cautious and conservative city finances ➢ No new expenditures until trends are positive for 2 to 3 consecutive quarters ➢ Continue to look for savings opportunities ➢ Continue to look for cost reductions ➢ Explore future cost containment strategies ➢ Forecast future operating cost increases City of Burlingame First Quarter Financial Report Presented to: Burlingame City Council Monday, November 16, 2009 Presentation Contents ✓ Review FY 2008-09 Revenues ✓ Review 1 Q Revenues for FY 2009- 10 ✓ Review FY 2008-09 Expenditures ✓ Look at Looming Costs On the Horizon 2 Year- end General Fund Revenues fn $50 _ 0 $45 -- _ $43.4 $41 .3 $41 .6 $40.2 $40 - - - ---- - -- -- $38.4 - $34.8 - $33 $35 .3 $32.9 _ - - --- $31 .2 50000,,�t $30 _ _ $ 3 . 3 million drop In annual Collections $25 - --- -7 . 6 % $20 FY01, FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY09 FY10 Budget Year-end Adopted 3 Year-end Transient Occupancy Taxes I cn $15 C o $14 _ $13.8 $12 — - $11.3 $11.5 j $10 $10.4 _ $10.2 - [�l0.3 j $9 -- - -- - -- $8 $9.3 7 $8.1 6 $7.3 - $6.7 $5 $4 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY09 FY10 Budget Year Adopted 4 CITY OF BURLINGAME, CA TRANSIENT OCCUPANCY TAX COLLECTIONS FY 08 FY 09 $ Increase % Increase FY 10 $ Increase % Increase Jul $ 997,903 $ 1 ,104,694 $ 106,791 11% $ 847,030 $ (257,664) -23% Aug $ 965,956 $ 1 ,037,322 $ 71,366 7% $ 790,319 $ (247,003) -24% Sep $ 936,581 $ 1 ,102,145 $ 165,564 % $ 822,829 $ (279,316) -25% 1Q $ 2,900,440 $ 3,244,161 $ 343,721 12% 2,460,178 $ (783,983) -24% Oct $ 1 ,112,351 $ 1 ,019,435 $ (92,916) -8% Nov $ 938,963 $ 755,786 $ (183,177) -20% Dec $ 684,007 $ 697,140 $ 13,133 2% 2Q $ 2,735,321 $ 2,472,361 $ (262,960) -10% $ - Jan $ 825,639 $ 678,625 $ (147,014) -18% Feb $ 860,892 $ 734,192 $ (126,700) -15% Mar $ 957,505 i $ 763,735 $ (193,770) -20% 3Q $ 2,644,036 $ 2,176,552 $ (467,484) -18% $ - Apr $ 904,523 $ 777,018 $ (127,505) -14% May $ 967,349 $ 704,600 $ (262,749) -27% Jun $ 1,112,929 $ 780,296 $ (332,633) -30% 4Q $ 2,984,801 $ 2,261 ,914 $ (722,887) -24% $ - $ 11,264,598 $ 10,154,988 $ (1,109,610) -10% $ 2,460,178 5 Year-end Sales and Use Taxes ; $12 $11.4 c 0 $11 $10.0 $10' $9.7 $9.2 $9.2 $9.0 $9 $8.2 $8.3 $8.2 $8 $7 $6 I $5 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY09 FY10 Budget Year-end Adopted I 6 CITY OF BURLINGAME, CA SALES TAX COLLECTIONS Q1 Q2 Q3 Q4 Total Growth FY 04-05 $ 704,932 $ 1,646,515 $ 1,579,160 $ 2,647,733 $ 6,578,340 FY 05-06 $ 659,104 $ 1,816,220 $ 1,671 ,462 $ 2,720,578 $ 6,867,364 4.4% FY 06-07 $ 586,299 $ 1,780,049 $ 1,761 ,158 $ 2,810,688 $ 6,938,194 1 .0% FY 07-08 $ 706,242 $ 1,807,159 $ 1,749,958 $ 2,689,388 $ 6,952,747 0.2% FY 08-09 $ 510,262 $ 1,601 ,799 $ 1,427,161 $ 2,323,263 $ 5,862,485 -15.7% Difference FY08 to FY09 $ (195,980) $ (205,360) $ (322,797) $ (366,125) $ (1,090,262) % Difference -27.7% -11.4% -18.4% -13.6% -15.7% Revenue Distrib by Q: 9.5% 26.1% 24.6% 39.7% 100% FY 09-10 Sales Tax Budget $ 5,880,000 Budgeted: $ 560,076 $ 1,534,058 $ 1,449,319 $ 2,336,547 $ 5,880,000 Distribution by Quarter: 9.5% 26.1% 24.6% 39.7% 100.0% Actual (One month advance): $ 208,454<� One Month =[ Payment Difference from Prior Year $ (301,808) % Difference -59.1% Diff from Estimated Collection $ (351,622) % Difference -62.8% 7 Year-end Property Taxes y $14 - C $13 $12 - _ $12.2 �24 $12.8 $12.6 $11 $11.5 $10 -- - --- - $10.4 $9.4 $g - - $7 - $6 $6.8 $6.8 - $5 $6.1]i $4 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY09 FYI Budget Year-end Adopted 8 Year-end Unaudited Expenditures General Fund Amended MID-YEAR % YEAR-END % Department Budget SUBTOTAL BUDGET TOTAL BUDGET 64100 CITY COUNCIL $ 131,026 $ 56,979 43.5% $ 132,705 101% 64150 CITY MANAGER $ 393,974 $ 173,474 44.0% $ 373,335 95% 64200 CITY CLERK $ 226,806 $ 131,183 57.8% $ 223,870 99% 64250 FINANCE $ 853,204 $ 396,827 46.5% $ 818,661 96% 64350 CITY ATTORNEY $ 408,099 $ 290,712 71.2% $ 500,011 123% 64400 PLANNING DEPARTMENT $ 1,116,977 $ 442,187 39.6% $ 879,413 79% 64420 HUMAN RESOURCES $ 597,376 $ 293,853 49.2% $ 573,934 96% 64540 ELECTIONS $ 124,500 $ - 0.0% $ 103 0% 64550 OTHER EMPLOYEE BENEFITS $ 2,335,250 $ 1,112,893 47.7% $ 1,888,481 81% 64560 OTHER NON-DEPARTMENTAL F $ 698,258 $ 414,460 59.4% $ 503,813 72% 65100 POLICE $ 8,906,076 $ 4,177,968 46.9% $ 8,525,146 96% 65150 COMMUNICATIONS $ 932,817 $ 476,905 51.1% $ 1,019,367 109% 66100 ENGINEERING $ 1,781,197 $ 621,764 34.9% $ 1,437,348 81% 66210 STREETS & STORM DRAINAGE $ 2,404,169 $ 1 ,083,714 45.1% $ 2,162,186 90% 67500 LIBRARY $ 3,853,593 $ 97% 68010 RECREATION $ 3,329,709 $ Departmental 97% 68020 PARKS $ 2,619,461 $ p 91% GENERAL FUND SUBTOTAL: $ 30,712,492 $ Savings of 6 /o from 93% Budget 65200 FIRE $ 9,698,300 $ o 97% 65212 FIRE MUTUAL AID $ - $ - #DIV/0! $ - #DIV/0! 65500 DISASTER PREPAREDNESS $ 103,184 $ 68,572 66.5% $ 93,894 91% FIRE FUND SUBTOTAL: $ 9,801 ,484 $ 5,033,464 51.4% $ 9,518,769 ° TOTAL GENERAL FUND $ 40,513,976 $ 19,344,385 47.7% $ 37,929,102 94% 9 1 Q Revenue Results CITY OF BURLINGAME, CA SUMMARY OF GENERAL FUND REVENUE COLLECTIONS Mid-Year Monthly Collections Jul Aug Sep Oct Nov Dec Collections FY 08-09 $ 1,736,938 $ 1,539,838 $ 1,850,575 $ 3,036,739 $ 2,417,418 $ 8,128,869 $ 18,710,378 Difference $ (164,002) $ (80,190) $ (405,864) $ (140,026) $ 27,549 $ (163,466) $ (925,999) Percentage Difference -8.63% -4.95% -17.99% -4.41% 1.15% -1.97% -4.72% Monthly Cumulative Totals: $ 1,736,938 $ 3,276,777 $ 5,127,352 $ 8,164,091 $ 10,581,509 $ 18,710,378 Quarterly Collections: $ 5,127,352 $ 13,583,026 Difference from Prior Year: $ (650,056) $ (275,943) Percentage Difference: -11.25% -1.99% FY 09-10 $ 1,559,812 $ 1,304,787 $ 1,565,638 Difference $ (177,127) $ (235,051) $ (284,937) Percentage Difference -10.20% -15.26% -15.40% Monthly Cumulative Totals: $ 1,559,812 $ 2,864,599 $ 4,430,237 Quarterly Collections: $ 4,430,237 Difference from Prior Year: $ (697,115) Percentage Difference: -13.60% 10 Q1 Expenditure Results General Fund Amended Q1 % Department Budget Jul Aug Sep TOTAL BUDGET 64100 CITY COUNCIL $ 121,364 $ 5,524 $ 12,576 $ 8,854 $ 26,954 22.2% 64150 CITY MANAGER $ 375,648 $ 19,229 $ 40,924 $ 28,706 $ 88,859 23.7% 64200 CITY CLERK $ 206,467 $ 9,278 $ 18,115 $ 12,873 $ 40,266 19.5% 64250 FINANCE $ 833,386 $ 21,495 $ 92,739 $ 51,453 $ 165,687 19.9% 64350 CITY ATTORNEY $ 381,085 $ 23,686 $ 37,575 $ 23,264 $ 84,525 22.2% 64400 PLANNING DEPARTMENT $ 945,673 $ 37,561 $ 83,502 $ 57,968 $ 179,032 18.9% 64420 HUMAN RESOURCES $ 561,282 $ 30,378 $ 56,592 $ 44,983 $ 131,953 23.5% 64540 ELECTIONS $ 124,500 $ - $ - $ - $ - 0.0% 64550 OTHER EMPLOYEE BENEFITS $ 2,548,000 $ 196,553 $ 124,438 $ 147,979 $ 468,970 18.4% 64560 OTHER NON-DEPARTMENTAL 1 $ 648,138 $ 155,779 $ 50,785 $ 2,515 $ 209,079 32.3% 65100 POLICE $ 8,199,622 $ 527,957 $ 920,735 $ 609,708 $ 2,058,399 25.1% 65150 COMMUNICATIONS $ 956,187 $ 63,235 $ 105,970 $ 67,765 $ 236,970 24.8% 66100 ENGINEERING $ 2,238,365 $ 74,467 $ 121,794 $ 97,961 $ 294,221 13.1% 66210 STREETS&STORM DRAINAGE $ 2,036,115 $ 112,000 $ 181,205 $ 137,592 $ 430,798 212% 67500 LIBRARY $ 3,406,417 $ 308,618 $ 353,311 $ 256,364 $ 918,293 27.0% 68010 RECREATION $ 3,177,042 $ 257,685 $ 394,667 $ 168,543 $ 820,895 25.8% 68020 PARKS $ 2,223,774 $ 102,337 $ 208,624 $ 157,366 $ 468,326 21.1% GENERAL FUND SUBTOTAL: $ 28,983,065 $ 1,945,801 $ 2,803,784 $ 1,873,894 $ 6,623,478 22.9% 65200 FIRE $ 9,698,300 $ 489,046 $ 1,050,768 $ 688,222 $ 2,228,036 23.0% 65212 FIRE MUTUAL AID $ - $ - $ 14,459 $ - $ 14,459 65500 DISASTER PREPAREDNESS $ 103,184 $ 5,387 $ 49,322 $ 3,176 $ 57,885 56.1% FIRE FUND SUBTOTAL: $ 9,801,484 $ 494,433 $ 1,114,548 $ 691,398 $ 2,300,380 23.5% TOTAL GENERAL FUND $ 38,784,549 $ 2,440,234 $ 3,918,332 $ 2,565,292 $ 8,923,858 23.0% 11 Scheduled Salary Adjustments FY 2009 -2010 pay freeze produced a balanced budget � Current contracts call for 3 % salary increases in FY 2010-2011 Largest single cost item in budget ta Ability to pay will be constrained by lack of revenue growth 12 CaIPERS Increases t Scheduled for FY 2011 -2012 it Start recouping losses and re-funding plan c Will be paid as a percentage of pay E Will add pressure to budget Health Insurance Premiums r Continue to budget 10% annual increases Will continue to increase on annual basis May be compounded by lower than expected increases in 2009 and 2010 May be affected by federal legislation 14 Unfunded Retiree Health Currently paid on an annual cash basis FY09- 1 0 cost is $2 . 74 million Unfunded liability ranges from $44 million to $66 million GASB 45 requires posting of unfunded amounts in FY08-09 annual financial report 15 Recommended Fiscal Posture ✓ Cautious and conservative city finances ✓ No new expenditures until trends are positive for 2 to 3 consecutive quarters ✓ Continue to look for savings opportunities ,/ Continue to look for cost reductions ✓ Explore future cost containment strategies ✓ Forecast future operating cost increases 16 Agenda Item # 8b Meeting BURLINGAME STAFF REPORT Date: November 16, 2009 1 SUBMITTED B APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: NOVEMBER 6, 2009 FROM: PUBLIC WORKS SUBJECT: RECREATION CENTER SEISMIC STUDY UPDATE RECOMMENDATION: It is recommended that council review the findings of the Recreation Center Seismic Study and provide direction to staff. BACKGROUND: The purpose of this study is to evaluate the Recreation Center auditorium hall per current seismic code requirements and present alternatives to upgrade the structure to the 2007 California Building Code (CBC). The existing building was originally constructed in the late 1940's and was modified several times to obtain its current configuration. The building contains a large auditorium, social hall, a small exercise room, classrooms, administrative rooms, a kitchen and storage rooms. The evaluation was limited to the seismic systems of the auditorium hall and multipurpose room. Structural engineer, Cecil H. Wells Jr. and Associates, Inc. of San Mateo performed the seismic evaluation of the structure. DISCUSSION: As part of the seismic evaluation, field inspections, structural calculations, and a review of as-built drawings were done. In addition, non- destructive structural testing was performed on the building to determine the level of steel reinforcement and concrete grouting in the existing masonry walls. The details of the evaluation and findings are included in the consultant's report (see attached). Following are the key findings: ■ No visual apparent issues were found that requires immediate attention. ■ No significant cracking was observed. ■ No apparent settlement of the foundation was seen. ■ The foundation of the building included continued reinforced concrete beams. ■ The perimeter walls were built of Concrete Masonry Units (CMU) with both horizontal and vertical steel reinforcement. ■ The CMU walls were found to be grouted only at the cells containing steel reinforcement. ■ Similar to other buildings that were built prior to the current code which do not meet the current seismic requirements, the recreation center is no different. The reinforcement as well as grouting in the walls would not meet the current code and would require new vertical elements to be designed for the lateral force resisting system. ■ Similarly, the roof sheathing of the structure would not comply with the current code and new plywood needs to be added over the existing sheathing to transfer the seismic forces to the new vertical elements. It is important to note that CBC requires that if a building is remodeled or substantially upgraded it would need to comply with current seismic standards. In this case, since no such improvements are being made at this time, no seismic upgrade is required and is confirmed by City's Chief Building Official, Joseph Cyr. It is also noteworthy to mention that the structure performed very well during the 1989 Loma Prieta Earthquake of magnitude 6.9 and did not experience major damage. The seismic evaluation presented three alternatives to upgrade the structure to the 2007 CBC ranging in costs from approximately $1.17 to $1.26 million dollars. The upgrades consist of new lateral resistive structures made of wood, shotcrete or steel frames and foundations with properly securing roof system. The cost estimates do not include replacement or upgrade of architectural, mechanical, electrical, fire and safety or accessibility systems. Also, the costs do not include studies for the removal of hazardous materials, if present. Further, the costs mentioned herein are for engineering purposes only and true costs would be known upon receiving construction bids. Options: Following are the options with advantages and disadvantages are for Council consideration: 1. Upgrade the facility now to meet current seismic standards. Advantages Disadvantages • The structure will comply • No funding is available for this with current seismic code upgrade. resulting in improved safety • If seismic improvements are made now, the auditorium hall may or may not fit with future configuration of the Recreation Center and may potentially have to be demolished/reconstructed resulting in inefficient use of funds. • As the existing building is nearly 60 years old, it may be wise to redo the entire Recreation Center as compared to only upgrading the auditorium hall. 2. Consider improvements to the facility as part of a comprehensive future Community Center project. Advantages Disadvantages • Funds needed to upgrade the • Structure would not meet current structure could be used in a more seismic standards until a later date comprehensive improvement to the Recreation Center at a later • The building seismic performance date potentially may not be as strong as if it would be with upgrades. (This would be similar to other buildings built before the current code) Alternately, the Council may desire to prioritize the project with respect to other City needs as part of the capital improvement program and pursue the upgrade of the auditorium in the near future when funding becomes available without waiting for a comprehensive Recreation Center improvements plan. FISCAL IMPACT: There is no funding available in the current budget for suggested improvements. EXHIBITS: Recreation Center Seismic Evaluation Report C: City Manager,City Attorney,Chief Building Official, Director of Parks and Recreation. SAA Public Works Directory\StaffS:\A Public Works Directory\Staff Reports\Recreation Center Seismic evaluation staff reportl1-16-09.doc CECIL H. WELLS, JR. & ASSOCIATES, INC. STRUCTURAL ENGINEERS LICENSED BY THE BOARD FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS 1700 SOUTH AMPHLETT BLVD. SUITE 215 TELEPHONE: (650) 345-3554 SAN MATEO CALIFORNIA 94402 TELEcoPIER: (650) 345-3885 E-MAIL: mail@chwells.com PRINCIPALS: RICHARD M. CASSIDY, S.E. #2758 CECIL H.WELLS,JR. (1927-1991) June 9, 2009 09-003 City of Burlingame Department of Public Works 501 Primrose Rd. Burlingame, CA 94010 Attn: Phil Monaghan Re: Seismic Evaluation City of Burlingame Recreation Center 850 Burlingame Ave. Burlingame, CA Dear Mr. Monaghan: I. Introduction and Scope: In accordance with your request we have completed our seismic evaluation of a portion of the above noted recreation center. For the purposes of this study, our work has been confined to the evaluation of the lateral force resisting system for the social hall and auditorium portions of the building. Our review was based on the lateral force design requirements in the 2007 California Building Code. In addition where appropriate, we will suggest seismic improvements for the above noted portions of the building. The scope of our work included: 1. The structural review of the available construction documents relevant to the social hall and auditorium areas of the building. 2. Limited field observations and measurements of the building. 3. Consult with the testing laboratory during the testing phase of the work. 4. Preparation of structural calculations to review the lateral force resisting system for the social hall and auditorium portions of the building. 5. Preparation of schematic plans and details to highlight suggested seismic improvements to the social hall and auditorium. 6. Provide preliminary budget construction cost estimates for the suggested structural improvements. 7. Preparation of this report. MEMBER STRUCTURAL ENGINEER' S ASSOCIATION OF CALIFORNIA AMERICAN SOCIETY OF CIVIL ENGINEERS AMERICAN CONCRETE INSTITUTE AMERICAN INSTITUTE OF TIMBER CONSTRUCTION NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS FED I.D. 94-3150580 Burlingame Recreation Center 09-003 June 9, 2009 page 2 The scope of work does not include a geotechnical evaluation of the site or geotechnical evaluations of the existing or proposed foundations, review for compliance with architectural related issues such as ADA or fire related concerns, services for the review of electrical, mechanical and plumbing systems, evaluation of the existing roofing and flashing, hazardous material study, or preparation of as-built drawings for the building. This report will present suggested options for improving the seismic performance of the building where appropriate. Each of the options will be presented in schematic form. In addition, preliminary budget cost estimates for the construction of each one of options will be presented in this report. Actual cost of the work can only be determined through the bidding process. Appropriate bid documents will need to be prepared for bidding, permitting and construction of the work. The budget cost estimates provided with this report will provide allowances for the preparation of the bid documents. II. Buildin1l Description The existing building was originally constructed in the late 1940's as a one story primarily wood framed structure. The original construction is shown on the architectural and structural drawings titled "Recreation Building for Washington Park, Burlingame California", dated November 12, 1948. The drawings were prepared by Oscar R. Thayer, A.I.A., Architect. The code used to design this building is not noted on the construction documents. However, the probable edition of the code used that was used would likely have been the 1946 Uniform Building Code. The building has been modified many times since the original construction to obtain its current configuration. The building contains a large auditorium, social hall, a small exercise room, classrooms, administrative rooms, a kitchen and storage rooms. This report is limited to the seismic systems of the social hall and auditorium. The social hall is a one story wood framed structure which is located at the south west corner of the building, directly west of the auditorium. This section was remodeled in 1997 when a small addition was constructed along the south and west exterior walls. These modifications are noted on the architectural and structural drawings titled "Burlingame Recreation Center Remodel-Phase I", dated March 1997. The drawings were prepared by Steve Nielsen Architects and the work was designed using the 1994 Uniform Building Code. The roof over this portion of the building is constructed of composition shingles over plywood supported by sloping 2x10 roof joist and a grid of exposed glue laminated wood beams. The first floor is a 4" thick concrete slab on grade. The foundations consist of continuous reinforced concrete grade beams. The perimeter walls and interior bearing walls are constructed of wood studs. The perimeter walls and selected interior walls in the area also have plywood on one face. The wall finishes consist of painted gypsum board at the interior walls and wood siding at the exterior faces of the perimeter wall. The lateral load resisting system for this area consists of the plywood roof diaphragm, the plywood shear walls and the existing concrete masonry (CMU)walls of the auditorium. Burlingame Recreation Center 09-003 June 9, 2009 page 3 The auditorium is a one story structure which is located at the south east corner of the building. This portion of the building was originally constructed with a small mezzanine at the west end of the auditorium and an elevated stage at the east end of this section. The original construction consists of composition roofing placed over 2x straight laid decking supported by 4x10 wood purlins and glue laminated arches. The first floor is a 4" thick concrete slab on grade. The first floor of the stage is an elevated wood framed structure over a crawl space. The foundations consist of a continuous concrete foundation under the perimeter walls with isolated spread footings supporting the glue laminated arches and the interior supports under the stage. The perimeter walls are constructed of 8" thick CMU walls. The original drawings indicate that in general the walls are reinforced with #5 vertical bars spaced at 32" center to center. The lateral load resisting system for this area consists of the plywood roof diaphragm and the existing perimeter concrete masonry (CMU)walls. The auditorium was remodeled in 1970 when a small addition was constructed at the east side of this area. These modifications are noted on the architectural and structural drawings titled "City of Burlingame Recreation Building Additions and Alteration- Project 1", dated October 30, 1969. The architectural drawings were prepared by Kingsford Jones Architect. The structural portions of those drawings were prepared by J. Albert Paquette and Associates, Structural Engineer. The code used to design this portion of the building is not noted on the construction documents. However,the probable edition of the code used to design the work would have been either the 1966 or the 1969 version of the Uniform Building Code. The roof over this portion of the building is consists of composition roofing placed on 2x straight laid decking supported by 4x10 beams. The framing of the first floor is unknown. However the first floor appears to be an elevated wood floor with a crawl space below. The foundations system likely consists of a continuous concrete foundation under the perimeter walls with isolated interior spread footings at the interior supports for the floor system. The walls are constructed of 8" and 12"reinforced CMU. The addition also contains a small wood framed mezzanine. III. Structural TestinE The seismic design of the multipurpose room and social hall use the CMU walls around the auditorium as the vertical elements of the lateral force resisting system for these areas. The information on the original construction documents related to the spacing and grouting of the wall appears to be incomplete. Therefore, non destructive testing was performed by Applied Materials & Engineering, Inc. to supplement the information shown on the original documents. The results of this work are noted in the letter prepared by Applied Materials & Engineering, Inc, dated March 23, 2009. A copy of this letter is included in appendix A at the back of this report. In general, it was found that the perimeter walls of the auditorium were reinforced with vertical bars spaced at 32" to 40" center to center while the horizontal bars were spaced at 40" to 48" center to center. The CMU walls were found to be grouted only at the cells containing reinforcing. Burlingame Recreation Center 09-003 June 9, 2009 page 4 The CMU walls of the 1970 addition were found to be reinforced with vertical and horizontal bars spaced at 16" center to center. In addition, the 12" thick CMU wall appears to have a double curtain of horizontal and vertical reinforcing. The walls at the 1970 addition were also found to be fully grouted. IV. Findings 1. No significant cracking of the masonry walls or settlement of the building foundations or other visual structural issues that would require immediate attention. 2. The building does not meet current code, which is similar to other buildings in this area which have been built prior to the current code. 3. The California Building Code requires that if a building is repaired or altered structurally it must be made to comply with the current seismic standards. If no such improvements are made, seismic upgrades are not required by the code. However; in order to improve the seismic performance of the building and to meet current seismic standards, options for upgrading the structure have been evaluated and are presented below. V. Structural Evaluation and Suggested Seismic Improvements There have been many changes to the building code since the original design of this building. The current seismic design requirements are provided in section 1613 of the 2007 California Building Code. In general, paragraph 1613.1 of this section states that "Every structure or portion thereof............shall be designed and constructed to resist the effects of earthquake motions in accordance with ASCE 7...... ". ASCE 7 is the design standard titled Minimum Design Loads for Buildings and Other Structures and is published by the American Society of Civil Engineers. Chapter 12, Table 12.2-1 of this standard requires masonry walls that are used as the vertical elements of the lateral force resisting system be designed as special reinforced masonry shear walls. The reinforcing and the grouting conditions of the 1948 constructed masonry walls will not comply with the requirements for special reinforced masonry shear walls. Therefore, the existing masonry walls cannot be used as part of the lateral force resisting system. The auditorium and social hall will require new vertical elements be designed for the lateral force resisting system. In addition, the 2x straight sheathing on the roof of the auditorium and the 1970 addition will not meet the diaphragm requirements of the 2007 California Building Code. Therefore, new plywood will need to be added over the existing 2x sheathing to transfer the seismic forces to the new vertical elements. Burlingame Recreation Center 09-003 June 9, 2009 page 5 There are two basic approaches for the design of the new vertical elements for the lateral force resisting system. These approaches are briefly explained below: 1. Remove the existing masonry walls around the auditorium and construct new vertical elements which are designed to comply with the 2007 California Building Code. 2. Leave the existing partially grouted walls in place and construct new vertical resisting elements next to the partially grouted CMU walls. The existing walls would be considered a non structural veneer. New structural systems will need to be designed and constructed to support the in plane and out of plane lateral forces of the CMU walls. Our office has prepared preliminary structural calculations and schematic drawings for three options considering each of the two above approaches. These options are presented as options A, B and C. The schematic drawings are included in appendix C at the back of this report. The foundations shown on the suggested options were designed using assumed geotechnical considerations. A geotechnical report will be required for the final design of the foundations. More economical foundation options can be explored with the geotechnical engineer during the preparation of the final construction documents. The budget cost estimates are summarized in Section V of this report. A brief summary of each of the three suggested options is as follows: A. Option A The suggested improvements for Option A are shown on the schematic plans sheets SA1.1 and SA1.2 along with preliminary 8'/2" x 11" details enclosed in appendix C. Option A would leave the existing partially grouted walls around the auditorium in place. New shotcrete walls designed as special concrete shear wall would be constructed on the inside face of the existing CMU walls. A brief summary of the suggested improvements in this option would include: • Remove the roofing over the auditorium and 1970 addition and add new %"plywood over the existing 2x straight sheathing. • Construct an 8" thick shotcrete wall on the inside face of the east and west wall of the auditorium. In addition, 2- 16 foot long sections of shotcrete wall would be required along the north and south walls. • Construct new foundations 2'-0" to 2'-6" thick and up to 7'-0" wide under the new sections of shotcrete wall. • Connect the existing CMU walls to the new shotcrete wall with lines of plates and anchor bolts. These connections would be visible from the outside of the building. Burlingame Recreation Center 09-003 June 9, 2009 page 6 • Connect the new shotcrete wall to the roof structure by adding new wood framing members with holdown ties to the shotcrete wall. These connections are required to hold the wall to the roof structure. • Provide a frame work of steel columns behind the CMU wall in the multipurpose room where the new shotcrete walls do not occur. These columns would be designed to support the out of plane forces from the existing CMU walls. • Connect the existing CMU wall at the 1970 addition to the roof structure by adding new wood framing members with holdown ties to the CMU wall. These connections are required to hold the wall to the roof structure. • Add new cross ties to the roof diaphragm over the auditorium. • Add new collector ties from the social hall roof structure to the auditorium. • Add new roof ties from the hall and classroom areas located to the north of auditorium to the auditorium structure. • Add new 1/2" plywood to the ceiling of the hallway and kitchen area north of the auditorium. B. Option B The suggested improvements for Option B are shown on the schematic plans sheets SB 1.1 and SB 1.2 along with preliminary 8'/2" x 11" details enclosed in appendix C. Option B features the removal of the existing CMU wall at the perimeter of the auditorium and constructing new wood framed shear walls in its place. A brief summary of the suggested improvements in this option would include: • Remove the roofing over the auditorium and 1970 addition to add new %2"plywood over the existing 2x straight sheathing. • Remove the existing CMU walls around the auditorium and construct new lighter weight plywood shear wall to replace these walls. • Construct small isolated concrete footings at the ends of each new plywood shear wall segment. Widen the existing continuous foundation at the rear wall of the stage. • Construct a new seismic joint between the 1970's addition and the rear wall of the stage. • Re-nail the some of the existing plywood shear walls at the social hall portion of the structure. • Add new collector ties from the social hall roof structure to the auditorium shear walls. • Add new roof ties from the hall and classroom areas located to the north of auditorium to the auditorium structure. Burlingame Recreation Center 09-003 June 9, 2009 page 7 • Connect the existing CMU wall at the 1970 addition to the roof structure by adding new wood framing members with holdown ties to the CMU wall. These connections are required to hold the wall to the roof structure. C. Option C The suggested improvements for Option C are shown on the schematic plans sheets SC1.1 and SC1.2 along with preliminary 81/2" x 11" details enclosed in appendix C. Option C, similar to option A would leave the existing partially grouted walls around the auditorium in place. New steel special concentric braced frames would be designed as the new vertical elements of the lateral force resisting system. There would be a total of five braced frames added to resist lateral forces in the north-south direction. These frames would be constructed within the envelope of the auditorium building. Four new braced frames would be added to resist lateral forces in the east west direction. These frames would be constructed on the exterior side of the wall and therefore would be visible along the south and north building elevations. In addition, steel tie beams placed just below the roof, and steel support columns outside of the building would be visible from the exterior. A brief summary of the suggested improvements covered in this option would include: • Remove the roofing over the auditorium and 1970 addition to add new %2"plywood over the existing 2x straight sheathing. • Construct 9 steel braced frames inside and outside the building. • Construct new foundations 2'-0" to 2'-6" thick and up to 8'-0" wide under the new braced frames. • Connect the existing CMU walls to the new steel columns at the braced frames with lines of plates and anchor bolts. These connections would be visible from inside and outside of the building. • Add new steel columns behind the CMU wall in the auditorium and stage area. These columns would be designed to support the out of plane forces from the existing CMU walls. • Connect the new steel columns to the roof structure by adding new wood framing members with ties to the columns. These connections are required to transfer the out of plane forces from the existing CMU wall to the roof structure. • Add new cross ties to the roof diaphragm over the auditorium. • Add new collector ties from the social hall roof structure to the auditorium braced frames. • Add new roof ties from the hall and classroom areas located to the north of auditorium to the auditorium structure. • Add new %2" plywood to the ceiling of the hallway and kitchen area north of the auditorium. Burlingame Recreation Center 09-003 June 9, 2009 page 8 • Construct a new seismic joint between the 1970's addition and the rear wall of the stage. • Construct a new shear wall in the 1970's addition. • Connect the existing CMU wall at the 1970 addition to the roof structure by adding new wood framing members with holdown ties to the CMU wall. These connections are required to hold the wall to the roof structure. VI. Preliminary Budget Cost Estimates Budget estimates have been prepared by Portman Associates, Construction Consulting & Project Management for all three of the above options. A copy of their estimate is included in appendix B at the back of this report. A partial listing of the assumptions used in the preparation of the preliminary estimates is as follows: • Costs do not include the replacement or upgrade of architectural, mechanical, electrical, fire and safety or accessibility systems. • The architectural treatment of exposed structural members has not been considered in this study. Therefore the costs for this work are not included in the preliminary budgets costs presented in this report. • New structural work to be installed by cutting and patching the areas of the building. • Costs do not include studies for or the removal of hazardous materials, if present. • Costs do not include the temporary relocation of the Recreation Department or loss of use of the building, if applicable. • Costs include an allowance for architectural, structural, mechanical, electrical and geotechnical design services. • Costs include a construction contingency of 15%. Please refer to appendix B for a detailed breakdown in the costs and a listing of other items that are not included. A summary of the preliminary costs for each option is as follows: Option A: $1,262,040.00 Option B: $1,244,750.00 Option C: $1,165,840.00 VII. Limitation of this Review A. It is understood that we make no warranty, either expressed or implied, as to the findings, designs, recommendations or professional advice except that they were prepared in accordance with current generally accepted professional practices. Burlingame Recreation Center 09-003 June 9, 2009 page 9 B. The building was partially reviewed for compliance with the seismic requirements of the 2007 California Building Code. The review is limited to the social hall and auditorium areas of the building. Other areas of the building were not considered and may not comply with the 2007 California Building Code. C. The review does not consider the vertical load carrying systems for the building. D. The geological stability of the site cannot be determined without geotechnical services. Such services were not included in the scope of this study. E. We have made reasonable efforts to assure that this report is accurate; however we cannot assume any liability for conditions that this report might fail to disclose. This concludes our work on this portion of the project. If you have any questions, please give us a call. Sincerely, CECIL H. WELLS, JR. & ASSOCIATES, INC. �pEESSIp STR TURAL ENGINEERS No. 2758 Richard M. Cassidy, President * Exp. 12-31-10 Structural Engineer s'j sTRUUV�P� qTF OF C c.c. Bill Portman RMC/j s �Ty BURUNGAME STAFF REPORT AGENDA °RATED J NE 6 ITEM# 8c MTG. DATE November 16,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE DATE: November 10, 2009 BY FROM: Ana Silva APPROVE Tel.No.: 558-7204 By41A SUBJECT: CONSIDER APPOINTMENTS TO THE TRAFFIC SAFETY PARKING COMMISSION RECOMMENDATION: Make appointment to fill vacancies in the Traffic Safety Parking Commission or take other action. BACKGROUND: The positions are due for appointment because of the resignation of Commissioner Bohnert and the soon-to-expire term of Commissioner Noworolski. One position was publicized and notification letters were sent to past commission applicants. Three applications were received as of the deadline of October 30, 2009. The following three applicants were interviewed by the Council on November 9, 2009: Douglas Rothschild; Quinn McKenna and Mark Noworolski. Should the Council decide to re-open the application process to fill the position recently vacated by Commissioner Bohnert, all remaining applicants and new applicants will need to be interviewed at a future date. Should the Council be comfortable in appointing the two positions from the current three applicants, no further interviewing will be required at this time. The appointee terms will be for three years, ending in November 2012. RECEWED N I � ��19 GI`fY QF`r1(:E CITY OF SUR NGAME Mike Bohnert 1201 Carmelita Avenue Burlingame, CA 94010 November 4, 2009 Honorable Mayor Ann Keighran 501 Primrose Road Burlingame, CA 94010 RE: Resignation from Chair of Traffic, Safety and Parking Commission Dear Mayor Keighran, I am sending this notice to you and the city council to formally announce my resignation from the Burlingame Traffic, Safety and Parking commission. It is with great sadness that I am leaving this commission which I've enjoyed so much the past four years. The reason for my resignation is completely personal—my wife and I are expecting our first child and have found an opportunity to live in a larger, more suitable home in San Mateo. Thank you for the opportunity to serve both the council and the city of Burlingame, Ann. I am very sorry for my inability to fulfill my term period. My resignation is effective immediately. If you have any questions or would like to speak with me directly to discuss, please do not hesitate to contact me anytime...650.504-2378. Best, Mike Bohnert CC; Augustine Chou, Traffic Engineer CITY STAFF REPORT BtlRl.N[?AME AGENDA rrEM# 9a '� ,p• MTG. DATE November 16, 2009 To: HONORABLE MAYOR AND CITY COUNCIL 4BY ✓�^' DATE: November 9,2009 FROM: Parks &Recreation Director (55&7307) `� SUBJECT: APPROVE LEASE AGREEMENT WITH T- BILL CORPORATION FOR ANTENNA PLACEMENT IN WASHINGTON PARK RECOMMENDATION: Staff recommends that City Council approve the attached lease agreement(Attachment A)with T-Mobile Corporation. BACKGROUND: Several months ago T Mobile approached the City with a proposal to install an antenna on top of one of the light poles at the Washington Park baseball diamond. Staff has met with T-Mobile representatives to fine tune the specifics,review the necessary process for approval and negotiate a fee to be paid to the City in exchange for their use of City property. The City Attorney has worked directly with T-Mobile legal staff on the lease agreement. Other City departments,Public Works and Community Development/Building, have been involved with the proceedings and have defined what will be necessary from T-Mobile assuming City Council approval. The contract calls for an initial 5 year term, with a T-Mobile option for up to 3 additional 5-year terms. DESCRIPTION(Please reference Attachment B,the site plan; Attachment C, which more specifically depicts the locations of both the antenna unit and the storage facility; and Attachment D, which provides a before and after construction photo simulation). T-Mobile proposes placing an antenna unit at the top of one of the field light standards at the Washington Park baseball diamond. This will be at a height of approximately 90 feet. The light standard will be a brand new unit(replacing the existing)so that T-Mobile can place their necessary wiring in the interior of the pole. The replacement light standard will operate in the same manner and at the same efficiency level as the old one. T-Mobile will then run their wiring underground from the base of the field light approximately 30 feet to a utility storage facility. This storage facility area is approximately 12 feet deep by 18 feet long by 8 feet high and will be located immediately adjacent to the south side of the existing T-MOBILE LEASE AGREEMENT NOVEMBER 16,2009 CITY COUNCIL MEETING PAGE TWO DESCRIPTION(CONT) batting cage closest to the ballfield. The storage unit will have fencing around it,matching the batting cage fencing,as well as landscaping allowing it to be"hidden" from public view. T-Mobile will also run an electrical line to the far(east)end of the batting cage so that it may be used as a power source for Movies in the Park and other needed electrical uses in this section of the park. It is anticipated that the new installations will not negatively affect any use of the park. The removal and replacement of the light standard will take place during the winter months when the baseball field is not being used. TIMELLINE: T-Mobile is anxious to proceed. Depending upon the time to receive permits and conclude the initial soil tests,they are hopeful of having all in place by the end of December or early January. BUDGET IMPACT: Based on the agreed-upon monthly fee of$1,950 paid by T-Mobile to the City of Burlingame, the General Fund will benefit by the annual amount of$23,400. This amount will be increased by 15% if future Lease Renewals take place. Staff requests City Council consideration of dedicating$5,000 of those proceeds to be used as part of our tree replacement program. ATTACHMENTS: A—Lease Agreement B— Site Location C— Schematic Drawing Depicting Antenna and Utility Storage Facility Locations D—Photo Simulation—Before and After Construction ATTACHMENT A OPTION AND LEASE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND T-MOBILE CORPORATION FOR AN ANTENNA SITE AND RELATED FACILITIES THIS SITE LEASE WITH OPTION(this"Lease")is by and between City of Burlingame, a municipal corporation established under the laws of the State of California and existing in the County of San Mateo ("Landlord" or "City") and T-Mobile West Corporation, a Delaware corporation("Tenant"). 1. Option to Lease. (a) In consideration of the payment of five hundred and no/100 dollars ($500.00) (the "Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached Exhibit A(the"Property"),on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of six (6) months, commencing on the Effective Date (as defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional six (6) months upon written notice to Landlord and payment of the sum of five hundred and no/100 dollars($500.00)("Additional Option Fee")at any time prior to the end of the Option Period.There shall be no further extensions of the Option Period unless both parties agree in writing to such extension. (b)During the Option Period and any extension thereof,and during the term of this Lease,Tenant shall obtain,at Tenant's sole expense,all licenses and permits or authorizations required for Tenant's use of the Premises(as defined below)from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communications Commission ("FCC") ("Governmental Approvals"), including all land use and zoning permit applications, and shall obtain a title report, zoning approvals and variances and land-use permits. Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals. Such surveys, tests procedures and investigations shall be at Tenant's sole expense.Notwithstanding the foregoing,Tenant may not apply to change the zoning classification of the Property without first obtaining Landlord's written consent. Excepting any and all regulatory laws, rules and procedures,during the Option Period and any extension thereof, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and permits or authorizations that relate to other property. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 13 hereof. (c) If Tenant exercises the Option during the Option Period or any extension thereof,then, subject to the following terms and conditions, Landlord hereby leases to Tenant the use of that portion of the Property,together with all necessary space and easements for access and utilities, as specifically described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises, located at 990 Burlingame Avenue,Burlingame,94010,California,comprises approximately 300 square feet. 2. Term. The initial term of this Lease shall be five(5)years commencing on the date of the exercise of the Option(the"Commencement Date"),and terminating at midnight on the last day of the month of the initial term(the"Initial Term"). 3. Renewal. Tenant shall have the right to extend this Lease for three (3) additional and successive five-year terms (each a "Renewal Term")on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing,of Tenant's intention not to renew this Lease,at least ninety(90)days prior to the expiration of the Initial Term or any Site Number:SF53613A 1 Site Lease—version 1.3.08 Site Name: Washington Park Market:San Francisco Renewal Term. Tenant shall not remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written extension of this Lease or other written agreement. 4. Rent. (a) From and after the Commencement Date, Tenant shall pay Landlord or designee, as rent one thousand nine hundred fifty dollars ($1,950.00)per month("Rent"). The first payment of Rent shall be due within twenty(20) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement Date,and thereafter Rent shall be payable monthly in advance on the first day of each month,delinquent by the tenth day of each month,to Landlord at the address specified herein. (b)If any Rent payment is not received by the 10th day of the month, a five percent(5%) late fee will be immediately due and payable in addition to any other amounts then due and payable. (c)If this Lease is terminated for any reason(other than a default by Tenant)at a time other than on the last day of a month,Rent shall be prorated as of the date of termination and all prepaid Rent shall be refunded to Tenant provided that Tenant has vacated the Premises in accordance of the terms this Lease. Landlord, its successors, assigns and/or designee, if any, will submit to Tenant any documents required by Tenant in connection with the payment of Rent,including,without limitation,an IRS Form W-9. (d) Upon the commencement of any Renewal Term hereunder, Rent will be increased for each such Renewal Term over the monthly or annual installment of Rent payable during the preceding Renewal Term by fifteen percent(15%). 5. Permitted Use. The Premises may only be used by Tenant for the transmission and reception of radio communication signals and for the construction, installation,operation,maintenance,repair,removal or replacement of related facilities, including,without limitation,a tower and base, antennas,microwave dishes,equipment shelters and/or cabinets and related activities. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or by lessees or licensees of Landlord with equipment installed prior in time to Tenant's installation. Similarly,Landlord shall not knowingly use,nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property with equipment installed or modified subsequent to Tenant's installation, which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event such interference does not cease promptly, parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. Damalze. Tenant shall exercise special precautions to avoid causing damage to the Premises and Property. Tenant shall assume responsibility for any loss from such damage caused by Tenant. Tenant shall make an immediate report of the occurrence of any such damage to Landlord and shall commence repairing such damage within ten(10)days of receipt of Landlord's written notice. Should Tenant fail to repair such damage within twenty (20) days thereafter, Landlord may repair the damage and Tenant shall reimburse Landlord for the total direct and indirect costs of such repairs including,but not limited to,all direct employee wage and benefit costs,cost of materials and cost of equipment used. 8. Improvements; (a)Subject to all applicable state,federal and local laws and regulations,Tenant shall have the right,at its expense,to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio Site Number: SF53613A 2 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco transmitting and receiving antennas,microwave dishes,tower and base,equipment shelters and/or cabinets and related cables and utility lines and a location based system, including, without limitation, antenna(s), coaxial cable, base units, location based systems, and other associated equipment (collectively, the"Antenna Facilities"). Tenant may alter, replace, enhance and upgrade the Antenna Facilities at any time during the term of this Lease, provided that if Tenant desires to expand the Premises or alters the appearance of its antennas when viewed from the ground, it must first obtain Landlord's prior written approval. Tenant shall cause all construction to occur lien-free and in compliance with all applicable State, federal and local laws, regulations and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. With the exception of Tenant's compliance with the Landlord's DPW (as defined below) and CDD (as defined below) approvals and with all state, federal and local laws and regulations,Landlord shall not interfere with any aspects of construction, including,without limitation,attempting to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below) ("Construction Interference"). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and shall be required to remove said Antenna Facilities within fifteen(15)days of the expiration or termination of this Lease. (b)Subject to all applicable State,federal and local laws and regulations and to all necessary approvals of the DPW and CDD,Tenant,at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence. (c) Tenant shall,at Tenant's expense,keep and maintain the Premises over which it has exclusive control and the Antenna Facilities now or hereafter located on the Property in good condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good condition, normal wear and tear and casualty loss excepted. (d) Subject to all applicable state,federal and local laws and regulations and to all necessary approvals of the DPW and CDD,Tenant shall have the right to install utilities,at Tenant's expense,and to improve the present utilities on the Property(including,but not limited to,the installation of emergency power generators). Tenant shall, wherever permitted by the local servicing utility, install separate meters for utilities used on the Property by Tenant. Landlord shall have no responsibility for the installation, maintenance, repair or service of any utilities to Tenant's Antenna Facilities,however Landlord agrees to cooperate in correcting any variation,interruption or failure of utility service. (e)As partial consideration for Rent paid under this Lease, subject to all applicable State, federal and local laws and regulations and the approvals of the Landlord's CDD and DPW, Landlord hereby grants Tenant an easement in, under and across the Property for ingress, egress, utilities and access(including access for the purposes described in Section 1)to the Premises adequate to install and maintain utilities,which include, but are not limited to,the installation of power and telephone service cable,and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term(collectively,the"Easements").The Easements provided hereunder shall have the same term as this Lease. (0 Tenant shall have 24-hours-a-day,7-days-a-week access to the Premises("Access")at all times during the Initial Term of this Lease and any Renewal Term at no additional charge to the Tenant. (g) Prior to commencing any work covered by this Lease, Tenant shall submit plans and specifications for the project and apply for any necessary permits through the Public Works Department("DPW")and the Community Development Department("CDD")of Landlord.Upon approval Site Number: SF53613A 3 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco of the plans and specifications and receipt of any required permits,Tenant agrees to and shall perform the work depicted in the plans and specifications at Tenant's sole cost and expense and in accordance with and in a manner that conforms to the plans and specifications. Approval by City of the plans and specifications shall not release Tenant from the responsibility for or the correction of any errors,omissions or other mistakes that may be contained in the plans and specifications. Within thirty(30)days of completion of the work,Tenant shall furnish to Landlord as-built plans showing actual location of the installation. (h) Pursuant to its permitted use under section 5,Tenant,at its sole expense,shall have the right to remove the existing light pole standard currently located in the approximate area designated on the Exhibit B as the area for the new"Light Pole Replacement". Tenant shall transport or dispose of such light pole at the direction of Landlord, provided Tenant receives written notice of Landlord's direction by the date that the existing light pole is removed. Ownership of the removed light pole shall remain with Landlord unless Landlord transfers such ownership to Tenant in writing. Following removal,Tenant shall have the right to replace the former light pole standard with a replacement light pole standard structurally capable of supporting Tenant's antennas and other ancillary equipment (the "Light Pole Replacement"). Prior to such removal and replacement, Tenant shall provide Landlord plans and drawings depicting the proposed new Light Pole Replacement for review and approval,which approval shall not be unreasonably withheld,conditioned or delayed. The installation of the Light Pole Replacement with proposed antennas shall be subject to all applicable local state and federal laws and regulations. Upon installation of the Light Pole Replacement, Tenant shall maintain the Light Pole Replacement during the term of this Lease provided that Landlord shall be solely responsible for changing out any light fixtures located thereon as necessary. Tenant shall ensure that Tenant's facilities on the pole do not interfere with the operation and functionality of the field lights on the pole. Upon the expiration or earlier termination of this Lease, title and ownership of the Light Pole Replacement shall automatically, without need for execution of further documentation transfer to Landlord in its"AS-IS"and"WHERE IS"condition without warranty or representation of any kind. Tenant shall,at is sole cost and expense,remove all of its antenna facilities and other equipment from the Light Pole Replacement and Tenant shall not be relieved of the obligation to pay rent until said facilities have been removed. Following such transfer,Landlord will be solely responsible for the ongoing maintenance and upkeep of the Light Pole Replacement and Tenant shall have no further responsibility in relation thereto provided Tenant has fulfilled all other obligations under the Lease. 9. Termination. Except as otherwise provided herein,this Lease may be terminated,without any penalty or further liability as follows: (a)upon thirty(30)days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty(30)day period or if Tenant is otherwise in material breach of this Lease; (b) at any time if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits or cancels,through no fault of its own, any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business,provided that Tenant shall continue to pay Rent until such time as the Antenna Facilities are removed from the Premises in their entirety; (c)upon thirty (30) days' written notice by Tenant if the Property or the Antenna Facilities are, or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong provided that Tenant shall continue to pay Rent until such time as the Antenna Facilities are removed from the Premises in their entirety; Site Number: SF53613A 4 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco (d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged, through no fault of Tenant, so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of damage or destruction,provided that Tenant remove the Antenna Facilities in which case Tenant shall be entitled to a pro-rata reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, Tenant shall continue to pay Rent pursuant to the Lease provisions. (e)at the time title to the Property transfers to a condemning authority,pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation;or (f) upon one hundred eighty (180) days written notice by Tenant if Tenant determines that the Property or Antenna Facilities are inappropriate or unnecessary for Tenant's operations due to economic reasons; or(g)upon one hundred eighty(180) days prior written notice from Landlord to Tenant if Tenant becomes insolvent or files a petition for bankruptcy and such petition is not dismissed within one hundred twenty(120) days of such filing. 10. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity,each party shall have the right,but not the obligation,to terminate this Lease on written notice pursuant to Section 13 hereof,to take effect immediately, if the other party(i)fails to perform any covenant for a period of thirty(30)days after receipt of written notice thereof to cure. 11. Taxes. Landlord is a municipal corporation and represents that it is exempt from property tax.Tenant shall pay any personal property tax,real property tax or any other tax or fee which are directly attributable to the presence or installation of the Tenant's Antenna Facilities,or related facilities or installations on Property or in the Easements,only for so long as this Lease has not expired of its own terms or is not terminated by either party. Tenant is hereby put on notice that the interest created in Tenant by this Lease may be subject to possessory interest taxes under the laws of the State of California and that,by the terms of this Lease,Tenant shall be liable for such taxes. Landlord hereby grants to Tenant the right to challenge,whether in a Court,Administrative Proceeding,or other venue,any personal property or real property tax assessments that may affect Tenant. If Landlord receives notice of any personal property or real property tax assessment against the Landlord,which may affect Tenant and is directly attributable to Tenant's installation,Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment. Further,within a reasonable time,Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section. Tenant agrees to hold Landlord harmless from all costs,expenses and penalties that may result from Tenant's contest. 12. Insurance and Subrogation and Indemnification. (a)Tenant shall provide the following insurance coverages: 1)Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code 1 (any auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Property insurance against all risks of loss to any tenant improvements or betterments. 2)Minimum Limits of Insurance Site Number: SF53613A 5 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco Tenant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Property Insurance: Full replacement cost with no coinsurance penalty provision. 3)Other Insurance Provisions The general liability policy is to contain,or be endorsed to contain,the following provisions: 1. The City of Burlingame,its officers,officials,employees and volunteers are to be covered as additional insureds with respect to liability arising out of Tenant's negligent acts or omissions on the Property. 2. With respect to Tenant's negligence,Tenant's insurance coverage shall be primary insurance as respects the City of Burlingame, its officers,officials,employees and volunteers. Any insurance or self-insurance maintained by the City of Burlingame,its officers,officials,employees or volunteers shall be excess of the Tenant's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled,except after thirty (30)days'prior written notice by certified mail,return receipt requested,has been given to the City. 4)Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-:VII. 5)Verification of Coverage Tenant shall furnish the City with original insurance certificates and amendatory endorsements effecting coverage required by this provision. All certificates and endorsements are to be received by the City before work commences. (b)Indemnification: To the fullest extent permitted by law,Tenant shall indemnify,defend and hold City its officers,agent,employees and volunteers harmless from all damages,liabilities,penalties,costs,or expenses in law or equity,including but not limited to reasonable attorneys' fees,to the extent caused by Tenant's negligence or willful misconduct,or by any of Tenant's officers,employees,agents or subcontractor's negligence or willful misconduct. This section shall not apply if the damage or injury to the extent caused by the negligence or willful misconduct of the City,its officers,agents,employees,or volunteers. 13. Notices. All notices,requests,demands and other communications shall be in writing and are effective three(3)days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant,to: If to Landlord,to: T-Mobile USA,Inc. Parks and Recreation Director 12920 SE 38th Street City of Burlingame Bellevue,WA 98006 850 Burlingame Avenue Attn: PCS Lease Administrator SF53613A Burlingame,CA 94010 Site Number: SF53613A 6 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco With a copy to: Attn: Legal Dept.SF53613A Send Rent payments to: And with a copy to: Finance Department T-Mobile West Corporation City of Burlingame 2380-A Bisso Lane 501 Primrose Road Concord,CA 94520 Burlingame,CA 94010 Attn:Lease Administration Manager SF53613A Attn:Mary Asturias,Finance Manager With a copy to: Attn: Legal Dept. SF53613A 14. Quiet Enjoyment,Title and Authority. Landlord covenants and warrants to Tenant that(i)Landlord has full right,power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution of this Lease will not violate any laws, ordinances,covenants,or the provisions of any mortgage,lease,or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed provided that Tenant is not in default or breach of this Lease beyond any applicable grace or cure period. 15. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance")on the Property that is identified as hazardous,toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any and all applicable state, federal and local environmental laws and regulations,all spills or other releases of any Hazardous Substance which are not caused by Tenant,and which have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings,claims,causes of action, demands,and liability(collectively,"Claims")including,but not limited to,damages,costs,expenses,assessments, penalties, fines, losses,judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment(collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property. The indemnification in this section specifically includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section shall survive the termination or expiration of this Lease. 16. Assignment and Subleasing. Tenant may, upon written notice to Landlord, assign or transfer (by sublease or otherwise) its rights arising under this Lease to any corporation, partnership or other entity which(i) is controlled by,controlling or under common control with Tenant, (ii)shall merge or consolidate with or into Tenant,(iii)shall succeed to all or substantially all the assets,property and business of Tenant,or(iv)is an Site Number: SF53613A 7 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco affiliate or subsidiary or other party as may be required in connection with any offering, merger, acquisition, recognized security exchange or financing. Under all other circumstances, such assignment or transfer shall require Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Upon assignment and upon the explicit written assumption by assignee of all liabilities, obligations and responsibilities under this Lease and including the assignee's name and notice address, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease to another entity for purpose similar use in compliance with all applicable laws,the Premises,upon written approval of Landlord,which approval shall not be unreasonably withheld.If Tenant subleases Premises,the monthly Rent Tenant pays to Landlord shall be increased immediately by an amount equal to fifteen percent(15%)of the gross rent actually received by Tenant from subtenant pursuant to the sublease. Sublease shall be subject to all terms and conditions of this Lease. Additionally, Tenant may,upon notice to Landlord, collaterally assign or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties"). In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by such Secured Parties. 17. Successors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties,their respective successors,personal representatives and assigns. 18. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have,statutory or otherwise,concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease,whether or not the same is deemed real or personal property under applicable laws,and Landlord gives Tenant and Secured Parties the right to remove all or any portion of the same from time to time,whether before or after a default under this Lease,in Tenant's and/or Secured Parties'sole discretion and without Landlord's consent. 19. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals,if any. (b) Each party agrees to furnish to the other, within twenty(20) days after request, such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. (d)Each party agrees to cooperate with the other in executing any documents including a Memorandum of Lease necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (e)This Lease shall be construed in accordance with the laws of the State of California. Site Number: SF53613A 8 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco (f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (g)The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h)This Lease may be executed in any number of counterpart copies,each of which shall be deemed an original,but all of which together shall constitute a single instrument. (i)All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A(the legal description of the Property)and Exhibit B (the Premises location within the Property), may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly,the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, and/or B, as the case may be,which may have been attached hereto in preliminary form,may be replaced by Tenant with such final, more complete exhibit(s)provided that the final, complete exhibits are reviewed and approved by Landlord as substantially in conformance with the preliminary exhibits and with the terms of the Lease,provided such approval is not unreasonably withheld,conditioned or delayed. The terms of all Exhibits are incorporated herein for all purposes. 0)If Landlord is represented by any broker or any other leasing agent,Landlord is responsible for all commission fees or other payment to such agent,and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all commission fees or other payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker The effective date of this Lease is the date of execution by the last party to sign(the"Effective Date"). LANDLORD: City of Burlingame TENANT: T-Mobile West Corporation By: By: Printed Name: Printed Name: Martin Vernon Title: Title: Area Director,Northern California Date: Date: T-Mobile Legal Approval Site Number: SF53613A 9 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco EXHIBIT A Legal Description The Property is legally described as follows: [Enter legal description here or on attachment(s).] INFORMATION TO FOLLOW Site Number: SF53613A 10 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco EXHIBIT B The location of the Premises within the Property(together with access and utilities)is more particularly described and depicted as follows: [Enter Premises description here or on attachment(s).] However,it is expressly agreed and understood by and between the Landlord and Tenant that the exact and precise location of the Tenant's Antenna Facilities are subject to review and approval by the Landlord's planning and/or zoning Boards having jurisdiction over the"Premises". Therefore,it is expressly agreed and understood by and between Landlord and Tenant that the precise location of the Premises as shown on Exhibit "B"may be modified by the Tenant,subject to Landlord's approval,such approval not to be unreasonably withheld,conditioned or delayed,in order to comply with and obtain necessary planning and/or zoning approvals,and any and all other approvals necessary for Tenant's intended use of the property. The Premises as described herein may therefore be modified by the Tenant to reflect the final engineering design. An amended Exhibit "B"(if necessary)will be provided by the Tenant and attached to the lease in place of the existing Exhibit"B",a copy of which will be provided to the Landlord for review prior to being incorporated into the Lease. INFORMATION TO FOLLOW Site Number: SF53613A 11 Site Lease—version 1.3.08 Site Name:Washington Park Market:San Francisco t ar k� LJ 4 Proposed T-Mobile ri• Antennas \ 4 t t r+� y• F,J ,"40 2009 Google O 2009 Sanborn • C3 � Poinlui 37'34'55 03` N 122'20'40.92" W elev 23 (( m �'*! S�rec�rning II{ III?II 100 c' Eye al1 956 Ut ATTACHMENT C PROPOSED ANTENNAS INSIDE T-MOBILE WFST CORPORATION RADOME WITH TMA A DELWARE CORPORATION 1&55 GATEWAY BLVD.,9PN FLOOR CONCORD,CA 99520 PROJECT INFORMATION: SF53613A BASEBALL STANDS WASHINGTON PARK 950 SURMNGAME AVENUE N PROPOSED T-MOBILE EQUIPMENT BURLINGAME,CA 9W14 m LIGHT UNITS UTILITY POLE CURRENT ISSUE DATE ON CONCRETE SLAB ENCLOSED/N _ (E) BUILDING 6=0" FENCE MATCHEX/S/TING 08/27/09 wLo o BUILDING COLOR AND TEXTURE = DO ON ELECTRICAL PANEL TISSUED FOR: Lu UJ L ZONNING a F- O Z W REV.:DATE:=DESCRIPTION: BY: WHillilorill Q U 1 09/99/09 W[ 20 S.G. R W/27/09 911.120 S.G. Lu0 1 09/15/09 901[ Z0 S.C. 0 UJ w QPROJECT ARCHITECT/ENGINEER: IL _ ARC•CTS (E) 82' LIGHT POLE TO BE REPLACED WITH NEW 92' LIGHT POLE BN1 4m ay Fe w 1M STEFI(d mim PROPOSED DOGHOUSE FOR COAXIAL CABLES F ROL R 9�m]10.91]1 11315 Ml 3H-SVQ SOUTH ELEVATION I1SC"`� ® CONSULTANT: PROPOSED ANTENNAS INSIDE RADOME WITH TMA CDRAWN BY CHK.:=APV. LICENSER: TMA'S TMNS HEFT TITLE: ELEVATIONS SHEEP NUMBER: ANTENNA DETAILS ,�AL� ® 2 A•3 0 H Z Wor 2 V Q H � H Q g p SITE ADDRESS: SITE CLIENT WASHINGTON PARK 850 BURLINGAME AVENUE ON- BURLINGAME, CA 94010 SF53613A DESCRIPTION: ' ' or . 'Mobile , • Zt IN AR4fl I II' t'fti,INC, VIEW TO NORTH BEFORE T-Mobile lVest Corporation 66U4r}I.1RIT1 4255 1 t • 1855 GXHAVAY BOULEVARD SAN FRANtasCt 1,CA 94111' NINE-11I FLOOR PIIONE; (915)7.417-9974 CONCORD,CA 9,152(lFh7: (•115}354-3502 0 H Z LLJ Q s . y , , a H s an Q a, ui a: y SITE ADDRESS: SITE CLIENT WASHINGTON PARK 850 BURLINGAME AVENUE ONS BURLINGA E, CA 94010 SF53613A Igo DESCRIPTION: - 'T - ` obile w wit ' '['S,[N'. VIEW TO NORTH AFTER T-Mobile West Corporation nsoa'r1i b161L1 c4; , IL455 GATEWAY BOULEVARD SAN¢RANCISc;O R.A 9II Gl! N[NE'C91 FLOOR MIME (415)i$0-99�9 c«N(-ORIJ,C:A�0,15:0 FAX: (A 15)3 7-3502 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE,A LEASE WITH T-MOBILE WEST CORPORATION FOR CELL A TELEPHONE ANTENNA SITE IN WASHINGTON PARK WHEREAS, the City of Burlingame owns Washington Park in which is located a baseball diamond with light poles to illuminate the field for night games; and WHEREAS, T-Mobile West Corporation ("T-Mobile") is a cellular telephone company which desires to lease from the City space on top of one of the light poles at the baseball field in Washington Park for the purpose of installing a cellular telephone antennae as well as a small site to locate its ancillary equipment structure; and WHEREAS, T-Mobile has agreed to replace the light pole with a new light pole, to the City's specifications and satisfaction, to support said antenna and has agreed to pay the City $1,950.00 per month for rights under the lease; and, WHEREAS, the initial term of the lease would be for five years with the option to renew for three additional five year term at increased rates of rent; and, WHEREAS, T-Mobile's installation of the antenna and supporting equipment will not interfere with the use of the baseball field or Washington Park and the monthly rent payment will provide needed financial resources to the City during this period of severe financial shortfalls; and WHEREAS, pursuant to section 15303 of the CEQA guidelines, the lease and the installation of the antenna and ancillary structure are categorically exempt from CEQA because such facilities constitute a limited number of new, small facilities and/or structures and the installation of small, new equipment and facilities in small structures, and the location is not in a an environmentally sensitive area or preserve; NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Burlingame as follows: 1) All of the facts recited above and in the staff report are true and correct. 2) The City Council approves the Lease with T-Mobile West Corporation, a copy of which is attached hereto, for the replacement of a light pole near the baseball field,the installation of antenna on the pole and the construction of a small support structure in Washington Park. 3) The Mayor is authorized to execute said Lease with T-Mobile West Corporation. 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 16th day of November,2009,by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Agenda Item # 9b Meeting BURLINGAME STAFF REPORT Date: November 16, 2009 SUBMITTED BY APPROVED BY / TO: HONORABLE MAYOR AND CITY COUNCIL DATE: October 27, 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KENNEDY JENKS FOR CONSTRUCTION MANAGEMENT OF THE BURLINGAME GATE/GROVE/VILLAGE SUBDIVISIONS WATER MAIN REPLACEMENT PROJECT, CITY PROJECT NO. 81180 RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing a professional services agreement with Kennedy Jenks for construction management of the Burlingame Gate/Grove/Village subdivisions water main replacement project in the amount of$139,933. BACKGROUND: The water system capital improvement plan identified the Burlingame Gate/Grove/Village subdivision area as one of the high priority projects. The existing water system in this area was installed between 1925 and 1948 and has reached the end of its useful life. On October 19, 2009, the Council awarded a construction contract to Conquest Construction to replace approximately 12,100 linear feet of aging and deteriorating water main system with a new and upgraded pipe line system in this area. This request is for construction management services. DISCUSSION: Kennedy Jenks being the project design engineer is familiar with the job requirements and therefore well qualified to perform construction management services. Staff has negotiated the following scope of work with the firm in the amount of $139,933: • Perform contractor submittal review for shop drawings and materials • Respond to contractor's requests for information • Review change order requests and provide recommendations • Attend weekly construction meetings • Complete final construction record drawings for compliance The professional service fee of $139,933 represents approximately 9% of the $1,509,799 construction contract and is consistent with industry standards. BUDGET IMPACT: The following are the estimated project expenditures: Construction award $1,509,799 Construction Management 139,933 Construction Inspection 50,000 Staff administration 10,000 Construction contingencies(10%) 150,980 Total $1,860,712 Sufficient funds are available in the FY2009-2010 Water System Capital Improvement Program budget to cover these costs. EXHIBITS:Resolution,Professional Services Agreement 4. 44. -� Philip onagha Senior Civil En ineer c: City Clerk,City Attorney,Kennedy Jenks SAA Public Works Directory\Staff Reports\81180-Award Construction manager Gate grove villagel1-16-09.doc RESOLUTION NO. AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH KENNEDY JENKS, CONSULTANTS FOR CONSTRUCTION MANAGEMENT SERVICES OF THE BURLINGAME GATE/GROVE/VILLAGE SUBDIVISIONS WATER MAIN REPLACEMENT PROJECT CITY PROJECT NO. 81180 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. 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 16`h day of November, 2009 and was adopted thereafter by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES BURLINGAME GATEIGROVEIVILLAGE SUBDIVISIONS WATER MAIN REPLACEMENT CITY PROJECT NO.81180 THIS AGREEMENT is entered into this day of 2009,by and between the City of Burlingame,State of California,herein called the "City",and KENNEDY JENKS CONSULTANTS engaged in providing PROFESSIONAL CONSTRUCTION MANAGEMENT services herein called the"Consultant". RECITALS A. The City is considering conducting undertaking activities for the construction management services for the Burlingame Gate/Grove/Village Subdivisions Water Main Replacement. B. The City desires to engage a professional engineering consultant to provide survey and engineering services because of Consultant's experience and qualifications to perform the desired work,described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scone of Services. The Consultant shall provide all services as set forth in Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by August 2010. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes,ordinances,and regulations of governing federal,state and local laws. Consultant represents and warrants to City that it has all licenses,permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall,at its sole cost and expense,keep in effect or obtain at all times during the term of this Agreement any licenses,permits,and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. Page 1 of 7 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $139,933.00; and payment shall be based upon City approval of each task. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Jeff Tarantino. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the C ity. Page 2 of 7 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Syed Murtuza, P.E.Asst. Director of Public Works City of Burlingame 501 Primrose Road Burlingame,CA 94010 To Consultant: Kennedy Jenks Consultants 2191 East Bayshore Road, Suite 200 Palo Alto, Ca. 94303 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for,traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion,divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would Page 3 of 7 conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: I. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage in a form at least as broad as ISO "Occurrence" Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Page 4 of 7 B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 65 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. H. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. Page 5 of 7 F. Verification of Coverage. Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, he Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo or Santa Clara. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. Page 6 of 7 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 21 . Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the parry to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame By: Syed Murtuza Print Name: Director of Public Works Title Kennedy Jenks Consultants Attest: Approved as to form: Mary Ellen Kearney, City Clerk Gus Guinan, City Attorney Page 7 of 7 Exhibit A Kennedy/Jenks Consultants Engineers & Scientists 2191 East Bayshore Road, Suite 200 Palo Alto,California 94303 650-852-2800 FAX:650-856-8527 23 October 2009 Jeffrey J. Tarantino, P.E. Erler & Kalinowski, Inc. 1870 Ogden Drive Burlingame, CA 94010-5306 Subject: Proposal for Construction Management Services City of Burlingame — Gate/GroveNillage Subdivisions City Project No. 80320 K/J Proposal No. 808144 Dear Jeff: We are pleased to submit this proposal to provide additional engineering services related to the City of Burlingame, Gate/GroveNillage Subdivisions Water Main Replacement Project. This proposal is for engineering construction management services during construction of the project. Scope Of Work Based on our initial assessment of the nature of the construction work for the Gate/GroveNillage Subdivisions Water Main Replacement Project, it is our opinion that full-time on-site observation of the construction should be performed. Based on our experience with similar projects, we have found that full-time onsite construction observation is necessary due to the potential for variation of site conditions. We understand that City staff will provide full-time on-site observation. It is also understood that City inspection staff will submit daily inspection reports to Kennedy/Jenks and coordinate and consult with Kennedy/Jenks on issues as they arise. The work to be provided by Kennedy/Jenks Consultants is as described below. We have divided our proposed work into the following four main tasks: • Task 1 : Construction Management • Task 2: Record Drawings • Task 3: Project Closeout • Task 4: Project Management 0paolprooc004W4U023-buiingame phase Pseclon 01-pre-job inhmk4on11.01 proposid 8 coppo ing dowmentalonlcm propcsal_101909.doc Exhibit A Kennedy/Jenks Consultants Jeffrey J. Tarantino, P.E. Erler& Kalinowski, Inc. 23 October 2009 Page 2 The work to be performed under these tasks and related subtasks are as follows: Task 1: Construction Management Subtask 1A: Site Visits & Meeting Attendance This subtask includes the following: • Visit the site on an as needed basis to collect information related to requests for information (RFIs), Change Orders, coordination, or other issues. • Attend a pre-construction conference, weekly progress meetings, and develop meeting minutes for each meeting. • Review observation records prepared by the construction inspectors. Subtask 113: Submittal Review This subtask includes the following: • Receive and track Contractor submittals. • Review Contractor submittals for conformance with the requirements of the contract documents. • Prepare responses to Contractor submittals. Subtask 1C: RFI Review This subtask includes the following: • Receive and track Contractor RFIs. • Review Contractor RFIs. • Prepare responses to Contractor RFIs. Subtask ID: Change Orders This subtask includes the following: • Identify, investigate, and track potential changes to the contract documents. • Prepare and submit to the Contractor requests for quote (RFQs)for required work determined to not be a part of the bid documents. Review quotes received from the Contractor. • Prepare and track contract change orders. lVaolprojectl04\0488023�budirg&Te phase iiil5ec8or.01-pre-job information\1.01 proposal&supporting documentation'rm proposaf_101MAoc Exhibit A Kennedy/Jenks Consultants Jeffrey J. Tarantino, P.E. Erler& Kalinowski, Inc. 23 October 2009 Page 3 Subtask 1 E: General Consultation This subtask includes the following: • Review Contractor's payment requests and prepare recommendations to City concerning Contractor's payment requests. • Review Contractor's construction schedule updates. • Receive and file Contractor's certified payroll records. • Provide miscellaneous project-related engineering consultation to the City of Burlingame and Erler& Kalinowski, Inc. (EKI). Task 2: Record Drawings This task includes the following: • Prepare a set of record drawings using AutoCAD 2007 by incorporating changes to the contract drawings precipitated by: change orders, RFls, and notations as recorded on a set of field-prepared record drawings maintained by the Contractor. City inspectors will be responsible for ensuring that notations on the Contractors field prepared record drawings are maintained. • Provide two (2) hardcopy sets of record drawings to the City and one (1) CD containing the record drawings in AutoCAD 2007 and PDF formats. Task 3: Project Closeout This task includes the following: • Prepare project closeout documentation. • Assemble a set of project-related documents for the City of Burlingame's files. Task 4: Project Management This task includes the following: • Set up of the project in K/J's internal accounting system. • Internal Coordination and Quality Control • Coordination with EKI, City construction observation personnel, and other City staff on project-related activities. • Review the status of the project budget. • Prepare monthly billings. Budget We will provide the proposed engineering services on a time and expense reimbursement basis in accordance with our Schedule of Charges dated 01/01/09, attached. Payments shall be made monthly based on invoices which describe services and list actual cost and expenses, ipaoryro;ecfl0410488021bur!ingame phase Asection 01-pre-job inform aton11.01 proposal 8 supporting docwmentationkm proposal 101909Aoc Exhibit A Kennedy/Jenks Consultants Jeffrey J. Tarantino, P.E. Erler& Kalinowski, Inc. 23 October 2009 Page 4 Based on our estimate of services required, we propose a budget of$139,933 which will not be exceeded without authorization. It is recognized that budgeting for constructing management services are inherently more difficult that budgeting for design services as construction management services are highly dependent on the quality and organizational skills of the Contractor. We will closely manage our budget and will advise you when we reach 80% of our budget and at that time provide an estimate of our services required to complete the work. A breakdown of our proposed budget is shown on the attached spreadsheet. This proposed budget is based upon the following assumptions: • Construction duration:150 working days • Site visits and meeting attendance: 150 hours of site visits, 30 weekly meeting plus one pre-construction conference ( 3 hours each ) • Submittal review: 25 submittals (including 5 resubmittals) at an average of 4 hours per submittal (including documentation) • RFI review: 12 RFIs at an average of 4 hours per RFI (including documentation) • Change orders: 4 Change Orders (6 hours each) • General consultation: 24 hours total • Partial Pay Estimates: 8 each • Sampling and testing: Contractor will contract directly with a soils testing company. • Contractor utilizes no more than one primary crew to execute the work. Construction Manager We are proposing to use Tom Gorman as construction manager with support to be provided by qualified staff from our Palo Alto office. We appreciate the opportunity to propose on these engineering services. If you have any questions regarding our proposal, or if you would like to discuss any aspect of the proposal in detail, please do not hesitate to call. Very truly yours, K DY/JENKS CON L A TS VJV � KJoh M. Wyc off Vl�k President Enclosures: Schedule of Charges Proposal Fee Estimate ibaoorojectl0410488023-burlingame phase iiNsection 01-pre-job inlorma0 W.01 proposal 8 supporting documentatonlcm proposal_101909.doc Proposal Fee Estimate Kennedy/Jenks Consultants CLIENT Name: City of Burlingame PROJECT Description: Gata/GvaM11 a Subdivisions Water Main Re lacement Proposal/Job Number: B08144/K/J:9XXXXX Data: 10/16/2009 TEV TRG NEP NEP RMT FNE JAM January 1,2008 Rates KJ KJ Sub Sub KJ KJ KJ + E - S. 7 Y Q Q T N CIessMWUon: WC h o! % 61 % "? ° a E E Ay ° R ° C C C C C C m es, WC W W W W W W W U 4 lotal n of w f lY f w Hourly Rats: $225 $220 $200 $160 Me, $143 $190 $115 1 $110 $120 $95 1 $85 $70 $56 Hours Fees Fees Fees 10% Fees 10% Faaa Task 1:Construction Management subtask 1-1:Site Visits 120 30 1 150 $28,900 s0 $0 $2.975 $ $3,273 $32,073 subtask 1-2:Meeting Attendance 31 ea. 93 24 1 117 $21,720 s0 $o so s0 $21720 subtask 1-3:Submittal Review 30 40 20 10 100 $14,200 s0 so E. $0 $14200 subtask 14:RFI Review 10 20 18 48 $8•� s0 $0 $0 $8,540 subtask 1-5:Change Orders 8 s 8 24 $4.400 $0 so s0 $4.400 subtask 1-6:General Consultation 4 18 2 24 54,620 $0 $0 $ s0 S4,620 Task 1-Subtotal 0 22 289 0 30 0 90 20 0 0 0 0 12 463 $82.280 $0 so s0 s0 52,975 $ S3,273 $85,553 Task 2:Record Drawings subtask 2-1:Engineering _ _ 10 30 40 $5900 SO $0 So s0 55900 subtask 2-2:Draftings0 80 $7.600 s0 $0 $500 $50 $560 $8,150 Task 2-Subtotal 0 0 10 0 0 0 30 0 0 0 $0 0 0 120 $13,500 s0 50 EO s0 $500 $50 $550 $14,050 Task 3:Project Closeout subtask 3-1:Closeout Documentation 24 16 18 56 $6,080 50 $0 $500 $S $560 $6,630 subtask 32:File Assembly4 8 1s 28 $2.580 s0 3a $0 32'580 Task J-Sublbald 0 0 0 0 0 0 28 24 0 0 0 0 32 0 84 $8,640 s0s0 $0 $500 $ $550 $9.190 Task 4:Pro act Management subtask 4-1:P ect Set-up4 2 6 8 18 $2,480 $0V $0 $0 52480 subtask 4-2:Internal Coordination and OC 24 8 I 36 57.160 $01 SO so s0 $7.160 subtask 4-2:CM Coordination 80 20 100 $18,600 SO $0 $ $0 $18,600 subtask 4-3:Budget Reviews&Billings 10 10 20 $2.900 Sf1 So $0 s0 S2.900 Task 4-Subtotal 0 38 901 0 0 0 26 0 0 0 0 20 0 174 $31.140 $Q SO SO SO $ O s0 $31.140 All Tasks Total 0 64 778 0 30 0 174 44 0 0 BO 0 64 0 841 $135,560 SO EO $0 $0 $3 975 $398 $4,373 $139,933 M x 6 CM P, 1F.Eslimal q—,101909.x1s cim5 xar,�e,com�na�r,irc.D Exhibit A Client/Address: CiryofBudingame Gate/Grove/Village Subdivision City project No.80320 Contract/Proposal Date: 23 October 2009 Schedule of Charges January 1,2009 Personnel Compensation Classification Hourly Rate CAD-Technician.....................................................................................................$95 Designer-Senior Technician.................................................................................$125 Engineer-Scientist-Specialist 2............................................................................$120 Engineer-Scientist-Specialist 3............................................................................$135 Engineer-Scientist-Specialist 4............................................................................$150 Engineer-Scientist-Specialist 5............................................................................$165 Engineer-Scientist-Specialist 6............................................................................$185 Engineer-Scientist-Specialist 7............................................................................$210 Engineer-Scientist-Specialist 8............................................................................$220 Engineer-Scientist-Specialist 9............................................................................$225 ProjectAdministrator.............................................................................................$85 Administrative Assistant.........................................................................................$70 Aide.......................................................................................................................$55 In addition to the above Hourly Rates,a three percent Communications Surcharge will be added to Personnel Compensation for normal and incidental copies,communications and postage. Direct Expenses Reimbursement for direct expenses,as listed below,incurred in connection with the work,will be at cost plus ten percent for items such as: a. Maps,photographs,reproductions,printing,equipment rental,and special supplies related to the work. b. Consultants,soils engineers,surveyors,contractors,and other outside services. c. Rented vehicles,local public transportation and taxis,travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees,insurance,permits,and licenses applicable to the work. I. Outside computer processing,computation,and proprietary programs purchased for the work. Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate. Reimbursement for use of computerized drafting systems(CAD),geographical information systems(GIS),and other specialized software and hardware will be at the rate of$12 per hour. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Other in-house charges for prints and reproductions,equipment usage,laboratory analyses,etc.will be at standard company rates. Excise and gross receipts taxes,if any,will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided,effective January 1,2009 through December 31,2009.After December 31,2009,invoices will reflect the Schedule of Charges currently in effect. CITY o� STAFF REPORT AGENDA E3�iRLINGAME ITEM # 9C MTG. DATE Nov. 16,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUB TTED )L BY DATE: October 28, 2W9 APPRO FROM: Parks & Recreation Director (558-7307) BY SUBJECT: URBAN FORESTRY TREE PLANTING GRANT RES TION RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution authorizing participation in the State of California urban forestry grant programs. BACKGROUND: In 2008 the City of Burlingame was approved for funding under the Green Trees for the Golden State Grant program. Council approved the required Resolution at the time of application for the Grant. The program was initially scheduled to expire in March 2010. Funding delays occurred in early 2009, so the program expiration date was reset to March 30, 2012. The reset requires that participating agencies resubmit resolutions showing the new date by which time the grant funds must be expended. The new resolution is attached. EXHIBITS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AN APPLICATION FOR FUNDING FROM THE STATE OF CALIFORNIA'S URBAN FORESTRY GRANT PROGRAM ENTITLED"AN URBAN FOREST FOR EVERY CITY",AS PROVIDED BY PROPOSITIONS 40 AND 84 WHEREAS,the Governor of the State of California and the California State Legislature,placed Propositions 40 and 84 before the People of the State and the People adopted said Propositions,which provide funds to the State of California and its political subdivisions for urban forestry programs;and WHEREAS, the State of California Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, establishing necessary procedures governing application for funds by local agencies and non-profit organizations;and WHEREAS,said procedures established by the State department of Forestry and Fire Protection require the local agency applicant to certify by resolution approval of the agency's application before its submission to the State; and WHEREAS,the City of Burlingame desires to submit an application for grant funding under this program and will enter into an agreement with the State of California to carry out an urban forestry project; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Burlingame as follows: 1.The City Council approves the filing of an application on behalf of the City of Burlingame,for "PROPOSITION 40 and 84"urban forestry program grant funds. 2.The City Council certifies that the City of Burlingame has or will have sufficient funds to operate and maintain the project,that fiords under the City's jurisdiction are available to begin the project and that the City will expend the grant funds prior to March 31,2012. 3.The City Council appoints the Director of the City's Parks and Recreation Department as agent of City of Burlingame to conduct all negotiations,execute and submit all documents including, but not limited to applications,agreements,amendments,payment requests and so on,which may be necessary for the completion of the aforementioned project. 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 le day of November,2009,by the following vote to wit: AYES: Councilmembers NOES: Councihnembers: ABSENT: Councilmembers: Mary Ellen Kearney,City Clerk CITY o� STAFF REPORT BURUNGAME AGENDA 9d °Q 9 JUNE ITEM # MTG. DATE November 16, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE BY DATE: November 3, 2009 APPROVE FROM: Ana Silva BY Tel.No.- 558-7204 SUBJECT: CONSIDER APPOINTMENT TO SAN MATEO COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES, BURLINGAME REPRESENTATIVE RECOMMENDATION: It is recommended that Council accept the resignation of Board Representative Dennis Preger and call for applications to fill his seat on the Mosquito Abatement District. The recommended due date is December 30, 2009. BACKGROUND: All past applicants on the two-year waitlist will be informed of the vacancy. ��4,CITY o� STAFF REPORT gVg AGENDA 9e MTG. Nov. 16, 2009 DATE "MAS wwc�. To: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED ��" BY DATE: November 7,2009 APPROVE A� FROM: Jim Nantell 558-7205 By SUBJECT: Local Taxpayer, Public Safety and Transportation Protection Acr Recommendation Adopt a resolution supporting Proposed Local Taxpayer, Public Safety and Transportation Protection Act ballot initiative for the November 2010 statewide ballot to further restrict the State legislature's ability to take local government funding Background On October 20, 2009 a coalition of local government,transportation and public transit leaders filed a ballot measure, called the Local Taxpayer, Public Safety and Transportation Protection Act with the California Attorney General's office. The measure would close loopholes and prevent the State from borrowing, raiding or otherwise redirecting local government,transportation and public transit funds. Two similar versions of the measure have been filed. If the group is successful in qualify the initiative via signature gathering, it would appear on California's November 2010 statewide ballot. California voters have overwhelmingly passed ballot measures to protect funding for public safety, emergency 911 response and other local government services. Chris McKenzie, Executive Director of the League of California Cities and co-chair of Californians to Protect Local Taxpayers and Vital Services has stated that Despite the passage of those measures, "State elected officials have exploited possible loopholes in the law and used legally questionable tactics to borrow and raid more than $5 billion in local government,transit and redevelopment funds this year alone, and billions more in ongoing raids from years' past. Those raids are having a significant and negative impact on the vital services that all Californians rely upon, including layoffs of local police and firefighters, delayed 911 emergency response times, and cuts to healthcare, parks, libraries,public transit and road safety maintenance and community improvements. The proposed measure would close the loopholes in current law and protect funding for these vital services once and for all. On several occasions, the voters of California have mandated that the gas taxes we pay at the pump be used to fund transportation improvements, Despite this, year after year the Legislature exploits every loophole it can find to borrow or outright raid these critical funds. This measure will once and for all protect gas taxes from future raids and insure they are used to improve our roads, highways and transit systems—just like the voters intended. Josh Shaw, Executive Director of the California Transit Association and co-chair of the coalition said: "For eight years in a row,State politicians have redirected funding that's supposed to go to local public transportation services, like buses, commuter rail and shuttles. Even though we've warned these raids are illegal and the courts have ruled that such raids are illegal,there's no recourse,so the politicians continue to ignore the law and the will of the voters. In these trying times, it's vital that we protect public transit services for working families who have no other mode of transportation to and from work,school,health care facilities and other life responsibilities." The coalition's measure would: ✓ Prohibit the State from taking, borrowing or redirecting local taxpayer funds dedicated to public safety, emergency response and other vital local government services.The measure would close loopholes to prevent the taking of local taxpayer funds currently dedicated to cities,counties and special districts. It would also revoke the state's authority to borrow local government property tax funds or divert local redevelopment funds. ✓ Protect vital,dedicated transportation and public transit funds from state raids. The measure would prevent State borrowing,taking or redirecting of the state sales tax on gasoline (Prop 42 funds) and Highway User Tax on gasoline (HUTA)funds that are dedicated to transportation maintenance and improvements. It would also prevent the State from redirecting or taking public transit funds. ✓ Protect Local Taxpayers by keeping more of our local tax dollars local where there's more accountability to voters, and by ensuring once and for all that our gas taxes go to fund road improvements. The measure also reduces pressure for local tax and fee increases that become necessary when the state redirects local funds. ✓ Reform state government and enhance fiscal accountability. This measure is a key step in reforming California's broken budget system by restoring more local control and accountability.This measure also stops the irresponsible practice of the State borrowing special funds that have to be repaid with interest, which only puts our State further in debt. Restoring more local control over our tax dollars is a central piece to broader reforms of our state's broken fiscal system. The fiscally irresponsible practice of borrowing local taxpayer funds makes our state budget problems worse down the line because local government and transportation funds have to be repaid, with interest. Additionally, several raids of local and transit funds have been rejected by the courts, creating even larger state budget deficits down the line. This measure will help prevent these irresponsible and dishonest raids and help force fiscal discipline in Sacramento." You can also visit the campaign's Web site at www.savelocalservices.com for additional information. Fiscal Impact There is no new fiscal impact associated with the adoption of this resolution. Attachments A. Questions and Answers about the Local Taxpayer, Public Safety and Transportation Protection Act sponsored by the League of California Cities. B. Long Versions of the propose Ballot measure C. November 9, 2009 Memo from League of California Cities to City Officials re: Protection Measure and other emerging reform measures. D. Resolution ATTACHMENT A — Cant' inns to Questions & Answers About the PROTECT LOCAL Local Taxpayer, Public Safety and Transportation Protection Act www.savelocatservices.can WHAT IS YOUR MEASURE AND WHAT DOES IT PROPOSE TO DO? The Local Taxpayer,Public Safety and Transportation Protection Act is a constitutional amendment that we are working to place on California's November 2010 statewide ballot.The initiative would stop the State from raiding or borrowing funding for local public safety,transportation,transit and other essential local government services. Specifically,the measure would: ✓ Prohibit the State from taking,borrowing or redirecting local taxpayer funds dedicated to public safety, emergency response and other vital local government services.The measure would close loopholes to prevent the taking of funds currently dedicated to cities,counties,special districts and redevelopment agencies. It would also end the State's fiscally irresponsible practice of borrowing local government property tax funds. ✓ Protect vital,dedicated transportation and public transit funds from State raids. The measure would prevent State borrowing,taking or redirecting of the state sales tax on gasoline(Prop 42 funds)and Highway User Tax on gasoline(HUTA)funds that voters have dedicated to transportation maintenance and improvements.It would also prevent the State from redirecting or taking public transit funds. ✓ Protect local taxpayers by keeping more of our local tax dollars local where there's more accountability to voters,and by ensuring once and for all that our gas taxes go to fund road improvements. The measure also reduces pressure for local tax and fee increases that become necessary when the State redirects local funds. WHY IS IT NEEDED? Unfortunately,the State has continued its irresponsible practice of taking and borrowing local taxpayer dollars and dedicated transportation funds. The 2009/10 state budget borrows and takes approximately$5 billion in city, county,transit,redevelopment and special district funds this year despite the fact that voters have overwhelmingly passed ballot measures to keep local funding at the local level to provide essential local services.This year's raids and previous,ongoing state raids and borrowing jeopardize the services Californians need most,including police, fire and emergency 911 services;local economic development and redevelopment;mass transit like buses and commuter rail;and transportation improvements like road repairs and congestion relief.We need to pass this measure to protect these vital local services from State raids and borrowing. ISN'T FUNDING FOR LOCAL GOVERNMENT AND TRANSPORTATION ALREADY PROTECTED FROM STATE RAIDS? California voters have overwhelmingly passed separate measures to prevent the State from raiding local government and transportation funds.However,each and every year the State attempts to take or borrow local government,transportation and transit funding using loopholes,or illegal funding diversions that have only been stopped after expensive and lengthy court battles.This year alone,the Legislature: • Borrowed approximately$2 billion in property taxes from local governments,despite no clear path to repay these funds. Paid for by Californians to Protect Local Taxpayers and Vital Services,a coalition of taxpayers,public safety,local government, transportation,business and labor,with major funding from the League of California Cities(non-public funds) 1121 L Street,#803-Sacramento,CA 95814 • Took $2.05 billion in local redevelopment funds, despite a recent Superior Court ruling that says these types of raids are unconstitutional. • Shifted $910 million in transit funding away from local transit agencies. The courts have since ruled these types of raids are unconstitutional. • Voted to take more than $1 billion of the local government share of the Highway User Tax (HUTA) to repay state bond debt (but the measure stalled in Assembly). These are funds that have always been used to finance local road repairs and maintenance. • Took action to eliminate the state sales tax on gasoline (Prop 42 funds) and HUTA and replace with a gasoline "fee' that would have no consfitutional protection from future raids by the legislature (the Governor ultimately vetoed this measure). • Threatened to borrow Prop 42 transportation funds to address the State's deficit. Our measure would close loopholes in current law that the legislature has exploited to take or divert local funds. And it would tighten sections of the law to prevent illegal State funding raids of local government and transportation funds before they happen. WHY DOES YOUR MEASURE PREVENT THE STATE FROM BORROWING LOCAL GOVERNMENT AND TRANSPORTATION FUNDS? The local government revenue protection measure in 2004 (Prop 1A) and the transportation revenue protection measure in 2006 (Prop 1A) included provisions that allow the State to borrow these funds during fiscal emergencies. However, after several budget cycles it is clear that these borrowing provisions are not only bad for local governments and transportation services, but fiscally irresponsible for the State. Borrowing these dedicated funds only plunges our state deeper into debt because the funds must to be repaid, with interestwithin three years. The borrowing was meant to provide an outlet in short-term budget emergencies, but it's instead being used to paper over structural budget problems. For example, the State has no clear way to pay back the $2 billion plus interest in local property taxes that the State is borrowing as part of this year's 2009-2010 State budget, yet lawmakers borrowed these funds anyway. What's more, because the State has the authority to borrow local government and transportation funds, it creates mass uncertainty for cities and counties who need to plan and pass their local budgets, and for transportation and transit planners who aren't sure if they can rely on these revenues in any given year. DOES THIS MEASURE INCREASE OR DECREASE REVENUES FOR LOCAL GOVERNMENTS OR FOR TRANSPORTATION AND TRANSIT? This measure does not increase or decrease the existing revenues that are dedicated to local government, transportation and transit funds. It simply prevents the State from borrowing or raiding existing local government, transportation and transit revenues that voters have dedicated to these services. WONT THIS MAKE OUR STATE'S BUDGET SYSTEM EVEN WORSE BY FURTHER PUTTING A LOCK BOX ON BILLIONS OF DOLLARS IN FUNDING? First, these are revenues that have historically been dedicated to cities, counties and special districts to fund local government services. It's fiscally irresponsible for State Government to raid funds from local governments. Paid for by Californians to Protect Local Taxpayers and Vital Services, a coalition of taxpayers, public safety, local government, transportation, business and labor,with major funding from the League of California Cities(non-public funds) 1121 L Sheet,#803—Sacramento, CA 95814 Second,its important to remember that these are funds that voters have ALREADY dedicated to local government, transportation and transit services.We are not dedicating any NEW funding for these services,but instead ensuring that the will of voters is upheld by protecting local government and transportation funds from further State raids and borrowing. This reform is fiscally responsible and a key step in long-term reform for California.The State has gotten itself into this deep fiscal mess in large part because lawmakers have relied on budget gimmicks like tapping into voter- protected funds and borrowing which only pushes our problems into the future. HOW DOES THIS MEASURE FIT INTO THE NEED FOR BROAD REFORM OF STATE GOVERNMENT IN CALIFORNIA? This measure is a necessary and responsible first step toward fiscal reform in California.Virtually everyone agrees that State reforms must include the restoration of more local control over local tax dollars,and moving services closer to the people at the local level.This measure ensures local control,predictability,and accountability for local tax dollars that are used to provide the most essential local services. WILL THIS MEASURE IMPACT FUNDING FOR PUBLIC SCHOOLS,HEALTHCARE OR OTHER SERVICES? No.This measure does not take away funding from schools or any other service funded by the State because it only protects EXISTING funds that are already dedicated to local services like public safety and transportation.And this measure in no-way alters Proposition 98,which guarantees funding levels for K-14 schools. HOW WILL THIS MEASURE IMPACT TAXPAYERS? This measure provides further protections for existing revenues that voters have already dedicated to local government,transportation and transit services.It does not increase taxes.In fact,this measure protects taxpayers by keeping more of our tax dollars local where they're more accountable.And this measure decreases pressure for local tax and fee increases at the local government level that become needed when the state takes local revenues and local governments are forced to look for new revenues to protect vital services. Paid for by Californians to Protect Local Taxpayers and Vital Services,a coalition of taxpayers,public safety,local government. transportation,business and labor,with major funding from the League of California Cities(non-public funds) 1121 L Street,#803—Sacramento,CA 95814 ATTACHMENT B Proposed Measure Section One. Title. This act shall be known and may be cited as the"Local Taxpayer,Public Safety,and Transportation Protection Aa of 2010." Section Two. Findings and Declarations. The people of the State of California find and declare that: (a)In order to maintain local control over local taxpayer funds and protect vital services like local fire protection and 9-1-1 emergency response,law enforcement,emergency room care,public transit,and transportation improvements,California voters have repeatedly and overwhelmingly voted to restrict state politicians in Sacramento from taking revenues dedicated to funding local government services and dedicated to funding transportation improvement projects and services. (b)By taking these actions,voters have acknowledged the critical importance of preventing State raids of revenues dedicated to funding vital local government services and transportation improvement projects and services. (c)Despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects and services,state politicians in Sacramento have seized and borrowed billions of dollars in local government and transportation funds. (d)In recent years,state politicians in Sacramento have specifically: (1)Borrowed billions of dollars in local property tax revenues that would otherwise be used to fund local police,fire and paramedic response and other vital local services; (2)Sought to take and borrow billions of dollars in gas tax revenues that voters have dedicated to on-going transportation projects and tried to use them for non-transportation purposes; (3)Taken local community redevelopment funds on numerous occasions and used them for unrelated purposes; (4)Taken billions of dollars from local public transit like bus,shuttle,light-rail and regional commuter rail,and used these funds for unrelated state purposes. (e)The continued raiding and borrowing of revenues dedicated to funding local government services and dedicated to funding transportation improvement projects can cause 1 severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services. (f)State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds. (g) It is hereby resolved,that with approval of this ballot initiative, state politicians in Sacramento shall be prohibited from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services or dedicated to transportation improvement projects and services. Section Two. Statement of Purpose. The purpose of this measure is to conclusively and completely prohibit state politicians in Sacramento from seizing, diverting, shifting, borrowing,transferring, suspending or otherwise taking or interfering with revenues that are dedicated to funding services provided by local government or funds dedicated to transportation improvement projects and services. Section Three. Section 24 of Article XIII of the California Constitution is hereby amended to read as follows: f1The Legislature may not impose taxes for local purposes but may authorize local governments to impose them. (b)The Legislature may not reallocate, transfer, borrow, appropriate, restrict the use of or otherwise use the proceeds of any tax imposed or levied by a local government solely for the local government's purposes. (c) Money appropriated from state funds to a local government for its local purposes may be used as provided by law. Shc Money subvened to a local government under Section 25 may be used for state or local purposes. Section Four. Section 25.5 of Article XIII of the California Constitution is hereby amended to read as follows: SEC. 25.5. (a) On or after November 3, 2004, the Legislature shall not enact a statute to do any of the following: 2 (1) (A) Except as otherwise provided in subparagraph (B), modify the manner in which ad valorem property tax revenues are allocated in accordance with subdivision (a) of Section 1 of Article XIII A so as to reduce for any fiscal year the percentage of the total amount of ad valorem property tax revenues in a county that is allocated among all of the local agencies in that county below the percentage of the total amount of those revenues that would be allocated among those agencies for the same fiscal year under the statutes in effect on November 3, 2004. For purposes of this subparagraph, "percentage" does not include any property tax revenues referenced in paragraph (2). (B) Beginning with the 2002 09 In the 2009-10 fiscal year only and except as otherwise provided in subparagraph (C),subparagraph (A) may be suspended for a that fiscal year if all of the following conditions are met: (i)The Governor issues a proclamation that declares that, due to a severe state fiscal hardship, the suspension of subparagraph (A) is necessary. (ii)The Legislature enacts an urgency statute, pursuant to a bill passed in each house of the Legislature by roilcall vote entered in the journal, two-thirds of the membership concurring, that contains a suspension of subparagraph (A) for that fiscal year and does not contain any other provision. (iii) No later than the effective date of the statute described in clause (ii), a statute is enacted that provides for the full repayment to local agencies of the total amount of revenue losses, including interest as provided by law, resulting from the modification of ad valorem property tax revenue allocations to local agencies. This full repayment shall be made not later than the end of the third fiscal year immediately following the fiscal year to which the modification applies. b p ph (A) is suspeAded. waS ..d to be Paid W .hies esunties, and cities and r Rt P; . ..dn.f..af.... 507[4 11 n the RP-OP-RUP and- Taxation Code, aS that 90&ti9R FPad OR 019vembeF 3, 2994, has Hat beeR Paid G!aWS@ (ii) Elf SUIRPaFagRIBIR (B). 3 (ivy f CCI A suspension of subparagraph (A) shall not result in a total ad valorem property tax revenue loss to all local agencies within a county that exceeds 8 percent of the total amount of ad valorem property tax revenues that were allocated among all local agencies within that county for the fiscal year immediately preceding the fiscal year for which subparagraph (A) is suspended. (2)(A) Except as otherwise provided in subparagraphs (B)and (C), restrict the authority of a city, county,or city and county to impose a tax rate under, or change the method of distributing revenues derived under,the Bradley-Burns Uniform Local Sales and Use Tax Law set forth in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, as that law read on November 3, 2004. The restriction imposed by this subparagraph also applies to the entitlement of a city, county, or city and county to the change in tax rate resulting from the end of the revenue exchange period, as defined in Section 7203.1 of the Revenue and Taxation Code as that section read on November 3, 2004. (B)The Legislature may change by statute the method of distributing the revenues derived under a use tax imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law to allow the State to participate in an interstate compact or to comply with federal law. (C)The Legislature may authorize by statute two or more specifically identified local agencies within a county, with the approval of the governing body of each of those agencies,to enter into a contract to exchange allocations of ad valorem property tax revenues for revenues derived from a tax rate imposed under the Bradley-Burns Uniform Local Sales and Use Tax Law. The exchange under this subparagraph of revenues derived from a tax rate imposed under that law shall not require voter approval for the continued imposition of any portion of an existing tax rate from which those revenues are derived. (3) Except as otherwise provided in subparagraph (C)of paragraph (2), change for any fiscal year the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county other than pursuant to a bill passed in each house of the Legislature by roll call vote entered in the journal,two-thirds of the membership concurring. The Legislature shall not change the pro rata shares of ad valorem property tax pursuant to this paragraph, nor change the allocation of the revenues described in Section 15 of Article XI,to reimburse a local government when the Legislature or any state agency mandates a new program or higher level of service on that local government. (4) Extend beyond the revenue exchange period, as defined in Section 7203.1 of the Revenue and Taxation Code as that section read on November 3, 2004,the suspension of the authority, set forth in that section on that date, of a city, county, or city and county to impose a sales and use tax rate under the Bradley-Burns Uniform Local Sales and Use Tax Law. 4 (5) Reduce,during any period in which the rate authority suspension described in paragraph (4) is operative, the payments to a city, county, or city and county that are required by Section 97.68 of the Revenue and Taxation Code, as that section read on November 3, 2004. (6) Restrict the authority of a local entity to impose a transactions and use tax rate in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)of Division 2 of the Revenue and Taxation Code), or change the method for distributing revenues derived under a transaction and use tax rate imposed under that law,as it read on November 3, 2004. (7) Require a community redevelopment agency(A)to pay, remit loan or otherwise transfer, directly or indirectly, taxes on ad valorem real property and tangible personal property allocated to the agency pursuant to Section 16 of Article XVI to or for the benefit of the State, any agency of the State,or any iurisdiction; or(B)to use, restrict, or assign a particular purpose for such taxes for the benefit of the State, any agency of the State, or any iurisdiction,other than (i)for making payments to affected taxing agencies pursuant to Sections 33607.5 and 33607.7 of Health and Safety Code or similar statutes requiring such payments,as those statutes read on January 1, 2008:or (ii)for the purpose of increasing, improving, and preserving the supply of low and moderate income housing available at affordable housing cost. (b) For purposes of this section,the following definitions apply: (1) "Ad valorem property tax revenues" means all revenues derived from the tax collected by a county under subdivision (a) of Section 1 of Article XIII A, regardless of any of this revenue being otherwise classified by statute. (2) "Local agency" has the same meaning as specified in Section 95 of the Revenue and Taxation Code as that section read on November 3, 2004. (3) 'Jurisdiction" has the same meaning as specified in Section 95 of the Revenue and Taxation Code as that section read on November 3, 2004. Section Five. Article XIX of the California Constitution is hereby amended to read as follows: SECTION 1. The Legislature shall not borrow revenue from the Highway Users Tax Account,or its successor, and shall not use these revenues for purposes,or in ways, other than those specifically permitted by this article. SEC. 2. Revenues from taxes imposed by the State on motor vehicle fuels for use in motor vehicles upon public streets and highways,over and above the costs of collection and any refunds authorized by law, shall be deposited into the Highway Users Tax Account (Section 2100 of the Streets and Highways Code) or its successor, which is hereby declared to be a trust 5 fund, and shall be allocated monthly in accordance with Section 4, and shall used solely for the following purposes: (a)The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects,the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes. (b)The research, planning, construction, and improvement of exclusive public mass transit guideways (and their related fixed facilities), including the mitigation of their environmental effects,the payment for property taken or damaged for such purposes,the administrative costs necessarily incurred in the foregoing purposes, and the maintenance of the structures and the immediate right-of-way for the public mass transit guideways, but excluding the maintenance and operating costs for mass transit power systems and mass transit passenger facilities, vehicles, equipment, and services. ccSEC. 3. Revenues from fees and taxes imposed by the State upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, shall be used for the following purposes: (a) The state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways of this State, including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effects of motor vehicle operation due to air and sound emissions. (b)The purposes specified in Section -12 of this article. SELF- SEC. 4. (a) Except as provided in subdivision (b),4the lmeoiSlatblFe shall PFeride ^-°'^'^ 9h4rh ^ 4 the ^•'a ^r^ q'^^statutory n'JeeaFeen formulas in effect on June 30, 2009 which allocate the revenues described in Section 2 to fef cities, counties, and areas of the State shall remain in effect. (b) The Legislature shall not modify the statutory allocations in effect on June 30, 2009 unless and until both of the following have occurred: (1)it The Legislature determines in accordance with this subdivision that another basis for an equitable, geographical, and jurisdictional distribution exist; PFGyqded ♦ha' untilquph . Any future statutory revisions shall (A) provide for the allocation of these revenues, together with other 6 similar revenues, in a manner which gives equal consideration to the transportation needs of all areas of the State and all segments of the population; and (B) be consistent with the orderly achievement of the adopted local, regional,and statewide goals for ground transportation in local general plans, regional transportation plans, and the California Transportation Plan-1 (2)The process described in subdivision (c) has been completed. (Whe Legislature shall not modify the statutory allocation pursuant to subdivision (b) until all of the following have occurred: (1)The California Transportation Commission has held no less than four public hearings in different parts of the State to receive public input about the local and regional goals for ground transportation in that part of the State: (2) The California Transportation Commission has published a report describing the input received at the public hearings and how the modification to the statutory allocation is consistent with the orderly achievement of local, regional, and statewide goals for ground transportation in local general plans, regional transportation plans, and the California Transportation Plan; and (3) Ninety days have passed since the Publication of the report by the California Transportation Commission. (d)A statute enacted by the Legislature modifying the statutory allocations must be by a bill passed in each house of the Legislature by roll call vote entered in the journal,two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision. (e)The revenues allocated by statute to cities,counties, and areas of the State pursuant to this article may be used solely by the entity to which they are allocated,and solely for the purposes described in Sections 2,S. or 6 of this article. (f)The Legislature may not take any action which permanently or temporarily does any of the following: (1)changes the status of the Highway Users Tax Account as a trust fund; (2) borrows, diverts, or appropriates these revenues for purposes other than those described in subdivision (e): or(3)delays, defers, suspends, or otherwise interrupts the payment, allocation distribution disbursal or transfer of revenues from taxes described in Section 2 to cities, counties, and areas of the State pursuant to the procedures in effect on June 30, 2009. SEG.4. SEC. 5. Revenues allocated pursuant to Section 3 4 may not be expended for the purposes specified in subdivision (b)of Section 4 2,except for research and planning, until such use is approved by a majority of the votes cast on the proposition authorizing such use of 7 such revenues in an election held throughout the county or counties, or a specified area of a county or counties, within which the revenues are to be expended. The Legislature may authorize the revenues approved for allocation or expenditure under this section to be pledged or used for the payment of principal and interest on voter-approved bonds issued for the purposes specified in subdivision (b) of Section 4 2. SECS. SEC. 6. W The I^^ishtWe May ....tl.. iZe Uop to 25 percent of the revenues aYa*lahlef9Fe*P8RditWF bYaAYGitY9FEGWR by the State, allocated to the State pursuant to Section 4 for the purposes specified in subdivision (a) of Section-12 of this article may be pledged or used by the State, upon approval by the voters and appropriation by the Legislature, for the payment of principal and interest on voter-approved bonds for such purposes issued by the State on and after November 2 2010€4oFsueh p�iFgeses. (b) Up to 25 percent of the revenues allocated to any city or county pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used only by any city or county for the payment of principal and interest on voter-approved bonds issued by that city or county for such purposes. �wAd oAly if one of the fallowing conditieRs is impesed; be delayed RAW A FIMP. RAt FnRFP thaR 30 days AeF the dMP At enaetmpns Af the budget bill fe (h)That any amount leaned is to be Fepaid iR full te the 4-nd 4PFn wh ch it was eFReFgeF;Gy Will FeWlt iR a significant negative fiscal a FOPaPt W the G-PRAFRI Pl. i as sperified in the budge8 desUibed by this 5-Jhd4ykiAA ghall -hP Fepaid, with iRteF@5t at the Fate paid eA FReney 4A the Pooled Money Investment Account, 9F any SW66eSSEIF te that BEEOMFA, dblFiRg the peFied ef tiMe SEC. 7. If the Legislature reduces or repeals the taxes described in Section 2 and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited into the Highway Users Tax Account,dedicated to the purposes listed in Section 2, and allocated to cities, counties, and areas of the State pursuant to Section 4. All other provisions of this article shall apply to any revenues adopted by the Legislature to replace the moneys derived from the taxes described in Section 2. SEC. 7. SEC. 8. This article shall not affect or apply to fees or taxes imposed pursuant to the Sales and Use Tax Law or the Vehicle License Fee Law, and all amendments and additions now or hereafter made to such statutes. sFC R. SEC. 9. Notwithstanding Sections I and 2 and 3 of this article, any real property acquired by the expenditure of the designated tax revenues by an entity other than the State for the purposes authorized in those sections, but no longer required for such purposes, may be used for local public park and recreational purposes. UC 9. SEC. 10. Notwithstanding any other provision of this Constitution, the Legislature, by statute, with respect to surplus state property acquired by the expenditure of tax revenues designated in Sections Sand 2 and 3 and located in the coastal zone, may authorize the transfer of such property, for a consideration at least equal to the acquisition cost paid by the sState to acquire the property,to the Department of Parks and Recreation for state park purposes, or to the Department of Fish and Game for the protection and preservation of fish and wildlife habitat, or to the Wildlife Conservation Board for purposes of the Wildlife Conservation Law of 1947, or to the State Coastal Conservancy for the preservation of agricultural lands. As used in this section, "coastal zone" means "coastal zone" as defined by Section 30103 of the Public Resources Code as such zone is described on January 1, 1977. Section Six. Article XIX A of the California Constitution is hereby amended to read as follows: SECTION 1. (a) The Legislature shall not borrow revenues from the Public Transportation Account, or any successor account, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article. (b)The funds iathe Public Transportation Account in the State Transportation Fund, or any successor account, is a trust fund. The Legislature may not change the status of the Public Transportation Account as a trust fund. Funds in the Public Transportation Account may 9 not be loaned or otherwise transferred to the General Fund or any other fund or account in the State Treasury. (c)All revenues specified in paragraphs (1)through (3), inclusive, of subdivision (a) of Section 7102 of the Revenue and Taxation Code, as that section read on lune 1, 2001, shall be deposited no less than quarterly into the Public Transportation Account (Section 99310 of the Public Utilities Code), or its successor. The Legislature may not take any action which temporarily or permanently diverts or appropriates these revenues for purposes other than those described in subdivision (d), or delays, defers, suspends, or otherwise interrupts the quarterly deposit of these funds into the Public Transportation Account. (d) Funds in the Public Transportation Account may only be used for transportation planning and mass transportation purposes. The revenues described in subdivision (c) are hereby continuously appropriated to the Controller without regard to fiscal years for allocation as follows: (1) Fifty percent pursuant to subdivisions (a) through (f), inclusive, of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (2)Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. 131 Twenty-five percent pursuant to subdivision (c) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009. thaR 30 days afteF f"'A't�40AAG#AeAt Gf the budget bill f4SF the subsequent Aseal yeaF. fF0FA thP d;Ae . (1) The G...,,....... 6... .. BG'ai Aed a state of eFReFeeRey ..d deGlaFeS that the eFReFgeAC Ill The ..,.,..eeat.. ...........t ,.f G,...,..A1 [,,..d ....,,...,.,.S f,..the r ,..,...t figral yeaF as , 19fejeeted by the f],..,........ L. a .,.,....t to the I egislatu Fe in May of the C ..,...t A«aI .,..a. '6 h.s fi sEdlyea k 10 (e) For purposes of paragraph (1) of subdivision (d), "transportation planning" means only the purposes described in subdivisions (c)through (f), inclusive, of Section 99315 of the Public Utilities Code,as that section read on July 30, 2009. (f) For purposes of this article, "mass transportation," "public transit,. and "mass transit" have the same meaning as "public transportation." "Public transportation" means: (1)(A) Surface transportation service provided to the general public,complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143,or similar transportation provided to people with disabilities or the elderly:(B) operated by bus, rail, ferry, or other conveyance on a fixed route, demand response, or otherwise regularly available basis: (Cl generally for which a fare is charged: and (D) provided by any transit district, included transit district, municipal operator, included municipal operator, eligible municipal operator, or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1, 2009, a ioint powers authority formed to provide mass transportation services, an agency described in subdivision (f)of Section 15975 of the Government Code, as that section read on January 1. 2009, any recipient of funds under Sections 99260,99260.7, 99275,or subdivision (c) of Section 99400 of the Public Utilities Code, as those sections read on January 1, 2009, or a consolidated agency as defined in Section 132353.1 of the Public Utilities Code, as that section read on January 1, 2009. (2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a)of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (3) Public transit capital improvement projects, including those identified in subdivision (b) of Section 99315 of the Public Utilities Code,as that section read on July 30, 2009. SEC. 2. (a)As used in this section, a "local transportation fund" is a fund created under Section 29530 of the Government Code, or any successor to that statute. (b)All local transportation funds are hereby designated trust funds. The Legislature may not change the status of local transportation funds as trust funds. (c)A local transportation fund that has been created pursuant to law may not be abolished. (d) Money in a local transportation fund shall be allocated only by the local government that created the fund, and only for the purposes authorized under Article 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3 of the Government Code and Chapter 4(commencing with Section 99200)of Part it of Division 10 of the Public Utilities Code, as those provisions existed on October 1, 1997. Neither the county nor the Legislature 11 may authorize the expenditure of money in a local transportation fund for purposes other than those specified in this subdivision. (e)This section constitutes the sole method of allocating, distributing, and using the revenues in a local transportation fund. The purposes described in subdivision (d) are the sole purposes for which the revenues in a local transportation fund may be used. The Legislature may not enact a statute or take any other action which, permanently or temporarily, does any of the following: (1)Transfers, diverts, or appropriates the revenues in a local transportation fund for any other purpose than those described in subdivision (d): (2) Authorizes the expenditures of the revenue in a local transportation fund for any other purpose than those described in subdivision (d); (3) Borrows or loans the revenues in a local transportation fund, regardless of whether these revenues remain in the Retail Sales Tax Fund in the State Treasury or are transferred to another fund or account. (f) The percentage of the tax imposed pursuant to section 7202 of the Revenue and Taxation Code allocated to local transportation funds shall not be reduced below the percentage that was transmitted to such funds during the 2008 calendar year. Revenues allocated to local transportation funds shall be transmitted in accordance with Section 7204 of the Revenue and Taxation Code and deposited into local transportation funds in accordance with Section 29530 of the Government Code, as those sections read on June 30, 2009. Section Seven. Article XIX B of the California Constitution is hereby amended to read as follows: SECTION 1. The Legislature shall not borrow revenues from the Transportation Investment Fund, or its successor, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article. SEC. 2. (a) For the 2003-04 fiscal year and each fiscal year thereafter, all Fs+eaeY6 revenues that are collected during the fiscal year from taxes under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), or any successor to that law, upon the sale, storage, use, or other consumption in this State of motor vehicle fuel, as defined for purposes of the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division 2 of the Revenue and Taxation Code). and that are deposited in the Ge-APFAI 9'.'Rd Of the State PUFSUaRt te that law, shall be tFansferred to deposited into the Transportation Investment Fund or its successor, which is hereby created in 12 the State Treasury and which is hereby declared to be a trust fund. The Legislature may not chance the status of the Transportation Investment Fund as a trust fund. (b)(1) For the 2003-04 to 2007-08 fiscal years, inclusive, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, in accordance with Section 7104 of the Revenue and Taxation Code as that section read on March 6, 2002. (2) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated solely for the following purposes: (A) Public transit and mass transportation. Moneys appropriated for public transit and mass transportation shall be allocated as follows: (i)Twenty-five percent pursuant to subdivision (b) of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009; (ii) Twenty-five percent pursuant to subdivision (c)of Section 99312 of the Public Utilities Code, as that section read on July 30, 2009: and (iii) Fifty percent for the purposes of subdivisions (a) and (b)of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (B)Transportation capital improvement projects, subject to the laws governing the State Transportation Improvement Program, or any successor to that program. (C) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by cities, including a city and county. (D) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by counties, including a city and county. (c) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund are hereby continuously appropriated to the Controller without regard to fiscal years, which shall be allocated, upon aPPFOPFiatien by the 6@giSlatWFe7 as follows: (A)Twenty percent of the moneys for the purposes set forth in subparagraph (A)of paragraph (2) of subdivision (b). (B) Forty percent of the moneys for the purposes set forth in subparagraph (B) of paragraph (2) of subdivision (b). (C)Twenty percent of the moneys for the purposes set forth in subparagraph (C) of paragraph (2) of subdivision (b). (D) Twenty percent of the moneys for the purposes set forth in subparagraph (D) of paragraph (2) of subdivision (b). 13 (A) The G...,,.FA9F issues a ....L. ARtiAR ♦h Rt dPrl4F@S that due teaseveFe state, fiscal (9) The LeSiSIAWFe enaLAs by statute, lawswant to a bill passed in eaeh house of the M\ Pie. IaIeF t aR 4h@_ @ffPrt".0e date of the ;heal..d..nn.a+.,d :.. ubpa FagFaph (8) whiGh the sbispension applies. &Wbdivisien (a) is S61spended- (9) The tFaMfeF FeqUiFed by subdivision (a) shall net be suspended dUFiRg any fiSeal year PaFagFaph (1) has Rat yet beeR eompleted, ke�ll The Legislature may not enact a statute that modifies the percentage shares set forth in subdivision (c) by a bill passed in each house of the 6e&latwe by FGI!r:all"AtP PntLFpd until all of the following have occurred: (1)The California Transportation Commission has held no less than four public hearings in different parts of the State to receive public input about the need for public transit, mass transportation,transportation capital improvement projects, and street and highway maintenance: (2) The California Transportation Commission has published a report describing the input received at the public hearings and how the modification to the statutory allocation is 14 consistent with the orderly achievement of local, regional and statewide goals for public transit mass transportation,transportation capital improvements, and street and highway maintenance in a manner that is consistent with local general plans, regional transportation plans, and the California Transportation Plan: (3) Ninety days have passed since the publication of the report by the California Transportation Commission. ( The statute enacted by the Legislature pursuant to this subdivision must be by a bill passed in each house of the Legislature by roll call vote entered in the journal,two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision and that the revenues described in subdivision (a) are expended solely for the purposes set forth in paragraph (2) of subdivision (b). (f)(1)An amount equivalent to the total amount of revenues that were not transferred from the General Fund of the State to the Transportation Investment Fund, as of July 1, 2007, because of a suspension of transfer of revenues pursuant to this section as it read on January 1, 2006, but excluding the amount to be paid to the Transportation Deferred Investment Fund pursuant to Section 63048.65 of the Government Code, shall be transferred from the General Fund to the Transportation Investment Fund no later than June 30, 2016. Until this total amount has been transferred,the amount of transfer payments to be made in each fiscal year shall not be less than one-tenth of the total amount required to be transferred by June 30, 2016. The transferred revenues shall be allocated solely for the purposes set forth in this section as if they had been received in the absence of a suspension of transfer of revenues. (2)The Legislature may provide by statute for the issuance of bonds by the state or local agencies, as applicable,that are secured by the minimum transfer payments required by paragraph (1). Proceeds from the sale of those bonds shall be allocated solely for the purposes set forth in this section as if they were revenues subject to allocation pursuant to paragraph (2) of subdivision (b). (g)This section constitutes the sole method of allocating, distributing, and using the revenues described in subdivision (a). The purposes described in paragraph (2) of subdivision (b) are the sole purposes for which the revenues described in subdivision (a) may be used. The Legislature may not enact a statute or take any other action which, permanently or temporarily, does any of the following: L11Transfers, diverts, or appropriates the revenues described in subdivision (a) for any other purposes than those described in paragraph (2)of subdivision (b)• (2)Authorizes the expenditures of the revenues described in subdivision (a) for any other purposes than those described in paragraph (2) of subdivision (b) or; 15 (3) Borrows or loans the revenues described in subdivision (a), regardless of whether these revenues remain in the Transportation Investment Fund or are transferred to another fund or account such as the Public Transportation Account, a trust fund in the State Transportation Fund. (h) For purposes of this article. "mass transportation," "public transit' and "mass transit' have the same meanings as "public transportation." "Public transportation" means: (1)(A) Surface transportation service provided to the general public, complementary paratransit service provided to persons with disabilities as required by 42 U.S.C. 12143, or similar transportation provided to people with disabilities or the elderly; (B) operated by bus, rail, ferry, or other conveyance on a fixed route, demand response, or otherwise regularly available basis; (C) generally for which a fare is charged; and (D) provided by any transit district, included transit district, municipal operator, included municipal operator, eligible municipal operator, or transit development board, as those terms were defined in Article 1 of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code on January 1, 2009, a joint powers authority formed to provide mass transportation services, an agency described in subdivision (f)of Section 15975 of the Government Code, as that section read on January 1, 2009, any recipient of funds under Sections 99260, 99260.7, 99275, or subdivision (c) of Section 99400 of the Public Utilities Code, as those sections read on January 1, 2009, or a consolidated agency as defined in Section 132353.1 of the Public Utilities Code, as that section read on January 1, 2009. (2) Surface transportation service provided by the Department of Transportation pursuant to subdivision (a)of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (3) Public transit capital improvement projects, including those identified in subdivision (b) of Section 99315 of the Public Utilities Code, as that section read on July 30, 2009. (i) If the Legislature reduces or repeals the taxes described in subdivision (a) and adopts an alternative source of revenue to replace the moneys derived from those taxes,the replacement revenue shall be deposited into the Transportation Investment Fund, dedicated to the purposes listed in paragraph (2) of subdivision (b), and allocated pursuant to subdivision (c). All other provisions of this article shall apply to any revenues adopted by the Legislature to replace the moneys derived from the taxes described in subdivision (a). Section Eight. Article XIX C is hereby added to the Constitution to read as follows: SECTION 1. If any challenge to invalidate an action that violates Articles XIX, XIX A, or XIX B of the California Constitution is successful either by way of a final judgment, settlement, 16 or resolution by administrative or legislative action, there is hereby continuously appropriated from the General Fund to the Controller,without regard to fiscal years,that amount of revenue necessary to restore the fund or account from which the revenues were unlawfully taken or diverted to its financial status had the unlawful action not been taken. SEC. 2. If any challenge to invalidate an action that violates Section 24 or Section 25.5 of Article XIII of this Constitution is successful either by way of a final judgment, settlement, or resolution by administrative or legislative action,there is hereby continuously appropriated from the General Fund to the local government an amount of revenue equal to the amount of revenue unlawfully taken or diverted. SEC. 3. Interest calculated at the Pooled Money Investment Fund rate from the date or dates the revenues were unlawfully taken or diverted shall accrue to the amounts required to be restored pursuant to this section. Within thirty days from the date a challenge is successful, the Controller shall make the transfer required by the continuous appropriation and issue a notice to the parties that the transfer has been completed. SEC. 4. If in any challenge brought pursuant to this section a restraining order or preliminary injunction is issued,the plaintiffs or petitioners shall not be required to post a bond obligating the plaintiffs or petitioners to indemnify the government defendants or the State of California for any damage the restraining order or preliminary injunction may cause. Section Nine. Section 16 of Article XVI of the Constitution requires that a specified portion of the taxes levied upon the taxable property in a redevelopment project each year be allocated to the redevelopment agency to repay indebtedness incurred for the purpose of eliminating blight within the redevelopment project area. Section 16 of Article XVI prohibits the Legislature from reallocating some or that entire specified portion of the taxes to the State, an agency of the State, or any other taxing jurisdiction, instead of to the redevelopment agency. The Legislature has been illegally circumventing Section 16 of Article XVI in recent years by requiring redevelopment agencies to transfer a portion of those taxes for purposes other than the financing of redevelopment projects. A purpose of the amendments made by this measure is to prohibit the Legislature from requiring, after the taxes have been allocated to a redevelopment agency, that the redevelopment agency transfer some or all of those taxes to the State, an agency of the State, or a jurisdiction; or use some or all of those taxes for the benefit of the State, an agency of the State, or a jurisdiction. Section Ten. Continuous Appropriations. 17 The provisions of Sections 6, 7, and 8 of this Act that require a continuous appropriation to the Controller without regard to fiscal year are intended to be "appropriations made by law" within the meaning of Section 7 of Article XVI of the California Constitution. Section Eleven. Liberal Construction. The provisions of this Act shall be liberally construed in order to effectuate its purposes. Section Twelve. Conflicting Statutes. Any statute passed by the Legislature between October 21, 2009 and the effective date of this measure, that would have been prohibited if this measure were in effect on the date it was enacted, is hereby repealed. Section Thirteen. Conflicting Ballot Measures. In the event that this measure and another measure or measures relating to the direction or redirection of revenues dedicated to funding services provided by local governments and/or transportation projects or services appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void. Section Fourteen. Severability. It is the intent of the People that the provisions of this Act are severable and that if any provision of this Act or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application. 18 Attachment C LEAGUE 1400 K Street, Suite 400•Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 OF CAL[FORN[A www.cacities.org CITIES TO: City Officials FROM: Chris McKenzie, Executive Director DATE: November 9, 2009 RE: Update on League-Supported Revenue Protection Measure; Other"Reform" Measures Emerge EXECUTIVE SUMMARY: Now that the Secretary of State's recommended deadline has come and gone for the filing of initiative ballot measures for the November 2010 ballot, the work of two other groups, California Forward and Repair California, may get confused with the League- supported initiative. The purpose of this memo is to provide you with some basic background on the measures. Since it has already been unanimously supported by the League General Assembly at the League's Annual Conference in September, city officials may want to pass resolutions of support for the League-sponsored measure (see below) when you are ready. Your Regional Public Affairs Manager can give you a copy of a sample resolution. However, we urge your city not to take a formal position on any of the other measures until they have been reviewed and acted on early next year by the relevant League policy committees and the League board of directors. League-Supported Ballot Measure The League, the California Alliance for Jobs, and the California Transit Association filed two similar versions of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 with the Attorney General on Tuesday, October 20, 2009. In early December, after receipt of the Attorney General's Title and Summary for the measure, the campaign may proceed with collecting the more than one million signatures necessary to qualify a constitutional amendment for the statewide ballot. During the period leading up to mid-December League staff and city officials are working with our coalition partners to lay the groundwork for a successful signature gathering and fundraising effort. The board will be asking the membership for input before beginning the next stage of the campaign. Here is what the measure covers: Key Provisions Local Taxpayer,Public Safety and Transportation Protection Act of 2010 Protects Locally Imposed Yes.Legislature may not take or borrow or direct how local taxes may be spent. Taxes(e.g.,parcel UUT, Property tax treated under Art.XIII,Sec.25.5. TOT,sales,etc? Prohibits Property Tax Yes.Repeals state authority to borrow under Art.XIII,Sec.25.5 after 2009-10. Borrowing? Prohibits Reallocation of Yes. Prop.Tax or VLF to Pay for State Mandates Prohibits Borrowing or Yes,and provides same protections to any replacement revenues and requires Stealing of the HUTA hearings and study before state and local shares changed. Gas Tax? Key Provisions Local Taxpayer,Public Safety and Transportation Protection Act of 2010 Prohibits Borrowing or Yes,and provides same protections to any replacement revenues and requires Stealing of Prop.42 Gas hearings and study before state and local shares changed. Tax? Prohibits Borrowing or Yes.Also restricts use of PTA revenues for transportation planning and mass Stealing of Public Transit transportation purposes only and requires"Spillover"sales tax to be deposited into Account PTA funds? the PTA ands lit evenly between State and local transportation agencies. Prohibits Taking, Yes.Prohibits state from requiring RDAs to pay tax increment to a state or another Borrowing or Directing local agency or require an agency to use its tax increment for any State purpose, Spending of RDA Funds? except affordable housing andpass-through payments. Remedy if State Violates Yes. If court finds state has taken funds illegally,repayment is continuously Constitution and appropriated to repay amount taken illegally. Repayment Due? Repeal of Conflicting Yes.Any conflicting statute enacted between Oct.21,2009 and November 2,2010 Statutes? is automatically repealed. California Forward California Forward is a government reform organization now headed by former Assembly Speaker Bob Hertzberg. It recently filed two initiative ballot measures: (1) State Budget Reform. The first measure includes state fiscal reforms, such as lowering the vote threshold to a simple majority to approve a state budget, performance based budgeting and restrictions on use of one-time spikes in revenues; and (2) New Countywide Sales Tax and Limited Local Government Revenue Protections. The second measure would: a. Additional Local Sales Tax; Redistribution of Local Government Revenues. Authorize a new one-cent sales tax at the county level—approved by a simple majority vote of the local electorate—to support schools, cities, counties and special districts to implement a new countywide strategic plan. If the tax is approved, cities and counties would be required to transfer to schools the equivalent of 50% of the new sales tax they receive from their existing property tax, sales tax, etc. in accordance with a plan adopted by the county. b. Local Revenue Protections. League attorneys are still studying the CA Forward measure to determine the scope of the local revenue protections it would provide. But upon initial review it's clear the measure provides no protections against state borrowing of the HUTA gas tax and public transit funding, and it also appears to allow continued borrowing of city property taxes. (In contrast, the League-supported measure explicitly prohibits State borrowing of local property taxes, HUTA and public transit funds and repeals the existing constitutional provisions allowing it). Unlike the League-supported measure, CA Forward measure does not contain language that would repeal any new legislation --passed between now and November 2010--that would take the revenues protected by the measure. 2 Repair California Repair California, the group advocating for calling a Constitutional Convention, led by the Bay Area Council, recently filed two initiative ballot measures as follows: (1) Voter-Called Constitutional Conventions. The first measure amends the constitution to allow the voters to call a constitutional convention every 10 years by initiative and to limit the issues the convention can discuss; and (2) Call for Convention. The second is a statutory measure that calls the convention and limits the subjects of discussion and action to: (a) Government Effectiveness, (b) Elections and Reduction of Special Interest Influence, (c) Spending and Budgeting,and Governance. a. How Delegates Will Be Chosen. Approximately half would be chosen at the county level by committees made up of county supervisors (2), city officials in counties with cities (mayors who are chair and vice chair of city selection committee), and school districts (1). The other half would consist of three delegates elected from each Assembly district from a group of 50 potential delegates in each Assembly district that was randomly chosen by the State Auditor from a pool of 400 possible delegates randomly chosen by the State Auditor in each Assembly district. Delegates are not required to be registered voters. b. Role of the FPPC. The appointed Fair Political Practices Commission (FPPC) that currently enforces the Political Reform Act would serve as the Constitutional Convention Commission, an influential steering committee responsible for deciding all matters concerning delegate qualifications, hiring the Clerk of the Commission, determining the place and date of the meeting of the Convention, training the delegates,and overseeing all other matters. The next few months will tell whether these measures go into circulation for signatures. What's Next? We invite you to help us in our pre-signature gathering effort for the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010. When your Regional Representative calls you, please respond and lend a hand. Our success depends on your leadership. Using your personal computer,you can find additional information at hgp:Hsavelocalservices.com/. What About Passing City Resolutions? Since it has already been unanimously supported by the League General Assembly at the September Annual Conference, city officials are encouraged to pass resolutions of support for the League-supported measure when you are ready. Your Regional Public Affairs Manager can give you a copy. Since the ballot measures proposed by California Forward and Repair California have not been analyzed or acted upon by the League policy committees or board of directors, we recommend that you delay any action on the other measures until they have been reviewed and acted on early next year by the relevant League policy committees and the League board of directors. 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME IN SUPPORT OF THE LOCAL TAXPAYER,PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS,these local government funds are critical to provide the police and fire, emergency response,parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads,to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS,despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects,the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS,this year's borrowing and raids of local government,redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences for cities, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development,healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally-dedicated funds; and WHEREAS, a coalition of local government,transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing,diverting, shifting,borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services,including redevelopment,or dedicated to transportation improvement projects and mass transit. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Burlingame as follows: 1. The City Council formally endorses the Local Taxpayer,Public Safety and Transportation Protection Act of 2010,a proposed constitutional amendment to the California Constitution. 2. The City Council hereby authorizes the listing of the City of Burlingame in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 and instructs staff to fax a copy of this resolution to the drafters of the measure. 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 16th day of November, 2009, and was adopted thereafter by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk CITio_, STAFF REPORT BURUNGAME AGENDA ITEM# 9f MTG. .coq ao ANTED JUNE N DATE Nov 16.2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY • �- DATE: November 9,2009 ,--; APPROVED BY FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: RESOLUTION APPROVING THE PROPOSITION 218 RATE SETTING PROCESS FOR THE 2010 SOLID WASTE RATE YEAR RECOMMENDATION: That the City Council adopt a resolution approving the Proposition 218 notice of public hearing and rate adjustment process for solid waste services. BACKGROUND: The City of Burlingame follows the Proposition 218 process for adjusting solid waste fees. It requires that a formal notice be mailed to all affected customers. The notice will be mailed by Allied Waste on Monday,November 30, 2009. The recommended increase to solid waste rates for the 2010 rate year is six percent (6.0%). The rate adjustment is effective February 1, 2010. FISCAL IMPACT: The new rates are necessary based on the terms of the franchise agreement between the City of Burlingame and Allied Waste Industries,which requires that rates be set to cover direct and pass-through costs and give the contractor a rate of return based on an approved cost proposal. The approved increase in contractor's costs will have a total rate impact of+1.6%. Annual landfill closure costs associated with the former city landfill are proposed to be financed through the city's solid waste rates. These costs have been paid for in prior years by solid waste franchise fees which are a general fund revenue source. The landfill closure costs are mandated by federal and state law. The $200,000 in on-going, annual costs result in a rate increase of+2.8%. The annual costs of steam cleaning the city-owned waste and recycling containers and litter abatement in the city's commercial areas have increased from$55,000 to $75,000. This expense has been part of the solid waste rates but has not been increased to reflect changes in the city's costs. The $20,000 increase results in a rate impact of+0.4%. Finally, an increase is needed to recover the city's costs of administering the franchise and the SBWMA JPA in addition to providing city-sponsored waste reduction activities. The city assesses a two percent (2%) charge for administration and waste reduction activities. The rate impact of the two-percent(2%) charge is+1%. ATTACHMENTS: Resolution Attachment A—Notice of Public Hearing Attachment B—Proposition 218 Calendar CITY BURLINGAME m 1t,D9 00 DNNTED JUNE 6 The City of Burlingame City Hall—501 Primrose Road Burlingame,CA 94010-3997 NOTICE OF PUBLIC HEARING TO CONSIDER AN INCREASE IN SOLID WASTE AND RECYCLING RATES FOR 2010 AND TO CONSIDER ANY PROTESTS TO INCREASED RATES The City Council of the City of Burlingame hereby gives notice of its intent to review and consider approval of increases to the existing residential and commercial rates charged by the City's solid waste franchisee, Allied Waste Industries, for the collection of solid waste and recyclable materials within the City of Burlingame. The City Council plans to review and consider this rate increase at a public hearing scheduled for Tuesday,January 19,2010 at 7:00 p.m. at the Burlingame City Hall. The need for this increase has been comprehensively discussed by the South Bayside Waste Management Authority(SBWMA) Board of Directors based on the final report entitled,Review of Allied Waste Industries'Refuse, Recyclable, and Plant Materials Collection Rate Application for 2010(prepared by HF&H Consultants, LLC). The City of Burlingame is a member of the SBWMA and along with the other 11 public agencies has a uniform franchise agreement with Allied Waste Industries. A copy of the report is available for public inspection at the Office of the City Clerk, City Hall, 501 Primrose Road, Burlingame, during regular business hours, 8:00 am to 5:00 pm, Monday through Friday. NEW RATES The intended new rates would increase up to a maximum of 6% effective February 1, 2010. The following table provides the increase for the most common residential and commercial rates. City of Burlingame, CA Monthly Solid Waste Rates for 2010 Customer 2009 Base Rate 2010 Base Rate Monthly Increase Increase Service Level Current Proposed Amount Percentage Residential: 32 gallon can $ 14.24 $ 15.10 $ 0.85 6% 64 gallon can $ 28.49 $ 30.20 $ 1.71 6% 95 gallon can $ 42.28 $ 44.82 $ 2.54 6% Commercial: 95 gallon bin $ 42.28 $ 44.82 $ 2.54 6% 1 yard bin $ 89.91 $ 95.30 $ 5.39 6% 3 yard bin $ 269.69 $ 285.87 $ 16.18 6% All other rates will be increased 6% uniformly. A detailed rate sheet showing all 2010 proposed rates is also available for review in the Office of the City Clerk. SASolid Waste Rates\2010 Rate Review\Prop 218 Notice.doc Page 1 NECESSITY FOR THE NEW RATES The new rates are necessary based on the terms of the existing franchise agreement between the City of Burlingame and Allied Waste Industries, which provides that rates be set to cover direct costs and pass- through costs and give the solid waste contractor a rate of return based on an approved cost proposal. As detailed in the HF&H report, the increase in contractor's costs will have a total rate impact of+1.6%. Annual landfill closure costs associated with the former City of Burlingame landfill are proposed to be financed through the city's solid waste rates. These costs have been paid for in prior years by solid waste franchise fees which are a general fund revenue source. The landfill closure costs are mandated by federal and state law. The $200,000 in on-going, annual costs result in a rate increase of+2.8%. The annual costs of steam cleaning the city-owned waste and recycling containers and litter abatement in the city's commercial districts have increased from $55,000 to $75,000. This cost has been part of the solid waste rates but has not been increased to cover the costs of the service. The $20,000 increase results in a rate impact of+0.4%. Finally, an increase is necessary to enable the City of Burlingame to recover its costs of administering the city's solid waste franchise and the SBWMA joint powers agreement in addition to providing city- sponsored waste reduction activities. The city assesses a two percent(2%)per year charge for administration and waste reduction activities. The rate impact of the two-percent(2%)charge is+1%. PUBLIC HEARING NOTICE The City Council of the City of Burlingame hereby gives notice of a public hearing to be held at its meeting of Tuesday,January 19,2010 at 7:00 p.m. at the Burlingame City Hall, 501 Primrose Road, Burlingame, CA. At this hearing, the City Council will consider public comments as well as written protests by ratepayers against the proposed increase in solid waste/recycling fees. If written protests are presented by a majority of the affected ratepayers prior to the close of the public hearing, the City Council will not increase the rates as a matter of State law. If you would like additional information on the proposed rates, please call the Burlingame Finance Department at 650-558-7222 or visit our website at www.burlingame.org FILING A PROTEST If you wish to file a written protest, please send a letter in a sealed envelope addressed to 2010 Solid Waste Rates, City Clerk, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. Your letter must identify the real property you own or rent by street address and assessor's parcel number. Your letter must be legibly signed by any one of the current property owners or ratepayers of record. The City of Burlingame must receive your letter at City Hall by 5:00 p.m. on Tuesday, January 19, 2010, or it must be presented at the City Council meeting of Tuesday, January 19, 2010 prior to the close of the public hearing on the matter. Any person interested, including all solid waste/recycling collection customers of the City of Burlingame, may appear at the public hearing and be heard on any matter related to the proposed increase in rates. This notice is for mailing distribution no later than November 30, 2009 by Allied Waste Industries on behalf of the City of Burlingame. SASolid Waste Rates\2010 Rate Review\Prop 218 Notice.doc Page 2 CITY OF BURLINGAME - 2010 SOLID WASTE RATE SETTING CALENDAR November 2009 FRIDAYSUNDAY MOND-kY TUESDAY WE DNESDAY THURSDAY 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Proposition 218 Resolution Notice Of Rate Adopting 2010 Increase and Solid Waste Rate Public Hearing Setting Process Delivered to Allied 22 23 24 25 26 27 28 29 30 Solid Waste Proposition 218 Notice Mailed by Allied CITY OF BURLINGAME - 2010 SOLID WASTE RATE SETTING CALENDAR December 2009 1 2 Day 1 3 Day 2 4 Dai- 3 5 Day 4 6 Day 5 7 Day 6 8 Day 7 9 Day 8 10 Day 9 11 Day 10 12 Day 11 13 Day 12 14 Day 11 15 Day 12 16 Day 13 17 Day 14 18 Day 15 19 flay 16 20 Day 17 21 Day 18 22 Day 19 23 Day 20 24 Day 21 25 Day 22 26 Dar 23 27 Day 24 28 Day 25 29 Day 26 30 Day 27 31 Day 28 CITY OF BURLINGAME - 2010 SOLID WASTE RATE SETTING CALENDAR January 2010 SUND.k�- 'MONDAY TUE,SDAY WEDNESDAY THURSDAY FRTDAY SATURDAY 1 Day 29 2 Day 30 3 Day 31 4 Day 32 5 Day 33 6 Day 34 7 Day 35 8 Day 36 9 Day 3 10 Day 38 11 Day 39 12 Day 40 13 Day 41 14 Day 42 15 Day 43 16 Day 44 17 Day 45 18 19 20 21 22 23 Martin Luther Public Hearing King Holiday and Adoption of Resolution Setting 2010 Solid Waste Rates 24 25 26 27 28 29 30 Solid Waste Bills Containing Rate Adjustment Are Mailed By Allied 31 CITY OF BURLINGAME - 2010 SOLID WASTE RATE SETTING CALENDAR February 2010 SUNDAY MONDAY TUESDAY VIDNESDAY THURSDAY FRTDAY SATURDAY 1 2 3 4 6 2010 Solid Waste Rates Become Effective 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE PROPOSITION 218 RATE SETTING PROCESS AND AUTHORIZING THE MAILING OF NOTICE OF PUBLIC HEARING WHEREAS, the City of Burlingame must comply with the provisions of Proposition 218 in order to effectively increase solid waste collection fees for the coming year; and WHEREAS, the rate increase process requires that a formal notice be mailed to all affected customers at least forty-five(45)days prior to a public hearing regarding the rate increase; and WHEREAS, the notice of the proposed rate increase must include the amount of the increase, the reasons for the increase, the time, date and location of the public hearing to consider the new rates and the protest process; and WHEREAS, the recommended increase of solid waste rates for the 2010 rate year, effective February 1, 2009, is six percent (6.0%) and the notice of the proposed increase, in a form attached to the staff report,will be mailed by Allied Waste to all affected customers on Monday,November 30,2009; and, NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Burlingame,as follows: 1) The City Council approves the Proposition 218 process for consideration of an increase to the rates for solid waste collection by the City's franchisee,Allied Waste,for the 2010 rate year and sets a public hearing concerning said rate increase at 7:00 p.m.Tuesday,November 10, 2009,in the Burlingame City Council Chambers, 501 Primrose Road,Burlingame,California. 2) The City Council approves and authorizes the mailing of the Notice of Public Hearing in a form attached to the staff report. 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 16"'day of November,2009,by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney,City Clerk BURL i NOAME Library Board of Trustees Minutes September 15,2009 I. Call to Order President McCormack called the meeting to order at 5:30pm. II. Roll Call Trustees Present: Betsy Corcoran,Deborah Griffith, Katie McCormack,Pat Toft, Sandy Towle Staff Present: Al Escoffier, City Librarian Sidney Poland,Recorder III. Trustees'Board Minutes August, 2009 The minutes of the August 28, 2009 Trustees'meeting were unanimously approved as written. M/S/C(Corcoran/Griffith) IV. Correspondence and Information A. Library Statistics August,2009 Circulation for August at the main library was 56,367 representing a 10.65%increase over August 2008 circulation of 50,942. Easton's August circulation of 5,664 showed a 5.88%decrease from August's 2008 total of 6,018. This decrease in circulation coincides with the 10% reduction in open hours on Fridays effective May 1,2009. V. From the Floor No one from the public attended the meeting. VI. Reports A. City Librarian's Report-Highlights 1. Saturday Story Time -Due to budget constraints, Saturday story time has been discontinued. Attendance at Saturday story time has been in the range of 35-40 children in comparison to the 100 plus children who attend the 6 other weekly story times. Patrons have been advised of this program change. 2. One Book One Community-The Book selected for this year's One Book One Community event is"Mistress of Spices"written by Chitra Banerjee Divakaruni. The event will be held October lst at the San Mateo Performing Arts Center at 7:00pm. 480 Primrose Road•Burlingame•California 94010-4083 Phone(650)558-7474'Fax(650)342-6295•www.burlingame.org/library B. Foundation Report 1. Board Changes - Kitty Mullooly of Hillsborough and Audrey Bojack of Burlingame have been elected to serve on the Foundation Board for a two year term. Kitty has served on the Town Council of Hillsborough for 16 years; Audrey is an attorney in Burlingame. Jack Hickethier and Brian Blythe have resigned from the Board. Brian has joined the Advisory Board and as a CPA for Richard Dwyer and Cbmpany and will continue to prepare the Foundation's tax return. 2. Planned Giving- President Hamilton has formed a Planned Giving Committee to prepare a document that will make it possible for donors to leave money or property to the Foundation for the benefit of the Library. Attorneys Cynthia Schreurs and Laurelle Gutierrez and Financial Planner Michael Ma are working with the committee in an advisory capacity. VII. Unfinished Business A. Centennial Status Plans are in place for the Centennial event to be held October 18th from noon to 3:60pm. The Burlingame Library Foundation is underwriting the event. Approximately 300 people are expected to attend. On the day of the event, Mayor Ann Keighran will read a Proclamation from the City Council re-dedicating the Burlingame Public Library for the next 100 years. B. New Service Model (Defined) The City Librarian reviewed the 4 phases of the Joint Service Desk. Phase I "Circulation and Reference Service Combine" and Phase II "Increase in Self Service Options to the Public" have been implemented. Phase III " Radio Frequency Identification (RFID)" is a long range plan that will be coordinated with other PLS libraries. The first step in this program could begin in spring of 2010. RFID will require special hardware and software which will then require a revamping of the main floor. Phase IV "Re-Engineering of the Main Floor" is based on the premise of placing less emphasis on the "service desk" concept and more emphasis on technology in order to save money. Managers are working with Wayne Gehrke of Group 4 Architecture and Planning to brainstorm ideas of how to change the foot print of the main floor. Lib]rary Board of Trustee Minutes September 15,2009 2 VIII. New Business A. Employee Achievement Awards Nomination forms for the Employee Achievement Award will be placed in employee mailboxes the first week of October with the request to e-mail either Sandy Towle or Betsy Corcoran with their nomination. Nominations may also be placed in their mailboxes. Nominations were requested to be turned in by Friday November 6th. B. Quarterly Financials The Trustees reviewed the quarterly financials. IX. Announcements Time Capsule The Trustees decided to put together a time capsule to be opened on our bicentennial in 2109. Suggestions of items to put in the capsule were a newspaper, photo of the Library and a cell phone. Trustee Corcoran initiated the idea to -have the children write down the title of their favorite books to be included in the capsule and volunteered to oversee the project. X. Adjournment The meeting was adjourned at 6:30pm. M/S/C (Corcoran/Griffith) . - The next meeting of the Library Trustees will be held October 20th at 5:30pm in the Library Conference Room. Respectfully Submitted, ' Alfred H. Escoff r City Librarian Library Board of Trustee Minutes September 15, 2009 3 BURL i NAME Viry z rarian Report October 20, 2009 Library Centennial Wrapped Up on Sunday! With the help of the Trustees, Foundation and staff a festive Centennial event was planned for October 18, 2009. My thanks to everyone who worked to make it a success! 40th Public Relations Award Received The Library was the recipient of our 40th public relations award in July from the American Library Association. Congratulations to our staff, particularly Maryam Refahi our graphic artist, for this outstanding achievement! One Book, One Community The 4th annual One Book event was chaired by Linda Santo, marking our 4th year of intense involvement in this PLS project. The author was Chitra Banerjee Divakaruni and her book "Mistress of Spices." She shared the stage with moderator Sandip Roy, a journalist and radio personality for KALW- FM 91.7. The pair provided an excellent program, delving into Indian culture both in the Bay Area and abroad. Attendance was about 700 people. I was pleased to announce next year's author at the event: Michael Chabon, author of "The Amazing Adventures of Kavalier and Clay,"as well as many other novels, will appear in October 2010. 2009 One Book Events for Burlingame Library In addition to a host of programs to be held at other libraries in PLS during the month Burlingame will host: • Foods of India, Wednesday, October 14, 7 PM • Budget Travel in India, Thursday, October 15, 7 PM • Movie: Monsoon Wedding, Thursday, October 22, 7 PM • Holistic Henna, Tuesday, October 27, 7 PM Hillsborough Library Services Contract The figures for the Hillsborough Library Services contract have been confirmed for the fiscal year. The per capita average'for PLS libraries for fiscal 2008-2009 was $67.13. Burlingame will be paid at this rate for a total of$ 499,447 for the year. This is a 2% 1 480 Primrose Road•Burlingame•California 94010-4083 Phone(550)558-7474'Fax(650)342-6295'www.bu4inyame.org/library increase in contract cost. San Mateo's reimbursement is less as their per capita support is below the PLS average, so they are paid at their per capita cost of$ 54.80. Foundation Report The Library Foundation is completing work on a Planned Giving Program with the help of several local attorneys and a financial planner. The program will cover all aspects of gifts including real estate, cash, stocks, etc. This is an important step in the life of the Foundation and one I applaud. The Foundation is also planning a Children's Holiday Tea for December 2010. The Tea will be held locally, perhaps at Easton, as a fundraiser and will feature a children's author. The Foundation Fall Book Sale netted$5,800 this month. While this is less than the last sale of$ 6,500, it is nevertheless an excellent fundraising effort. Online book sales have increased, with the total of all book sales expected to top $ 40,000 this year. Tech Talks The popular Tech Talks programs will begin a new series this fall on the 4th Wednesday of the month, with the following: • Digital Photo Sharing Online, October 28th, 7 PM • Tips for Organizing your Computer Files, November 25th, 3:30 PM • Smart Phones, December 23, 7 PM Special Program for Children this Fall: • Just Baby and Me, November 6 & December 4, 10:30 AM • Halloween Story Time, Monday October 26th, 7 PM And don't forget our on-going Story Times, 5 days a week. We dropped the Saturday Story Times due to budget constraints. Ergonomics Overview Staff is working with Group 4 Architecture on options for a temporary service desk to help relieve some of the poor ergonomics of the Joint Service Desk. Sketches will be available shortly. Pat Harding is working with representatives from Ross McDonald to obtain a cabinetmaker to do the work. We hope to implement the changes in the next few months. Pat Harding and Amy Gettle are working together on bi-weekly meetings with the circulation and reference staff on joint service issues. 2 Council Candidate Orientation The City Librarian was part of the Council Candidate Orientation on September 25th. This event is designed to acquaint Council candidates with the issues in each department of the city. Staff Recognition Dinner becomes a Potluck As you know, the Staff Recognition Dinner has been canceled this year. I appreciate the Foundation and Trustees honoring my recommendation. Instead, we will have a Holiday Potluck Dinner on Friday, December 4, 5 PM at the main library. We are still in the planning stages, but the evening will include the annual Employee Achievement Awards, along with a buffet dinner. Vicki and Manuel have agreed to offer entertainment. This is the same evening as the Holiday Tree Lighting, but there will be plenty of time for those who would like to attend this event at City Hall to come to the Library Potluck. Holiday Closures Extended Holiday closures will be longer this year due to budget constraints: • Thanksgiving. Closed Wednesday, November 25th, 5 PM; Closed Thursday and Friday, November 26 & 27th, Reopen Saturday, November 28th. • Christmas Holiday: Closed Thursday,December 23rd- Sunday, December 27th, Re-opening Monday, December 28th. • New Year's Holiday: Closed Thursday, December 31st- Sunday, January 3rd, Re-opening Monday, January 4th. Retirement of City Librarian I have announced my retirement as City Librarian (or Chapter 2 as I prefer to call it!) effective December 18, 2009. 1 make this decision with mixed feelings, as the Burlingame Library has been a big part of my life for nearly 40 years. We've been through a lot together: earthquake (1989), flood (2003), moves to a new location (1995, 1997), construction of a new main library (1997), and reconstruction of the Easton Branch (2004). With the leadership of the Trustees, we were the first library in PLS to establish a Foundation (1994) to help support library services. The Foundation has been a unique partner in helping with the "bricks & mortar" of library construction, but also for the ongoing support of the library's collections, services and children's programs. We are all proud of the 40 national awards the library has received for public relations, along with cover stories in American Libraries and Library Journal. 3 This year we wrap up the celebration of our Centennial year and re-dedicate the library for the next 100 years. Burlingame Library ranks among the top 10% of libraries in California. I think our lions "Wisdom" and "Wonder" would smile! It has been a privilege to serve as Burlingame's fifth City Librarian. Recruitment for Replacement Effective immediately, the City Manager will launch recruitment for City Librarian. Upcoming Events: • 18 October, Library Centennial, Noon- 3 PM • 20 October, Library Board Meeting, 5:30 PM • 12 November, Foundation Board Meeting, 5:30 PM • 11 November, Veteran's Day, Closed • 17 November, Library Board Meeting, 5:30 PM • 4 December, Holiday Potluck Dinner, 5 PM, Watch for Details! Alfred Escoffier City Librarian October 14, 2009 4 CITY OF BURLINGAME PLANNING COMMISSION BURLINGAME UNAPPROVED MINUTES Monday, October 26, 2009— 7:00 p.m. City Council Chambers— 501 Primrose Road Burlingame, California I. CALL TO ORDER Chair Terrones called the October 26, 2009, regular meeting of the Planning Commission to order at 7:00 p.m. H. ROLL CALL Present: Commissioners Auran, Brownrigg, Terrones, Lindstrom, Terrones, Vistica and Yie Absent: None. Staff Present: Community Development Director,William Meeker; Planning Manager, Maureen Brooks;and City Attorney, Gus Guinan III. MINUTES Commissioner Cauchi moved, seconded by Commissioner Vistica to approve the minutes of the October 13, 2009 regular meeting of the Planning Commission, with the following change: ■ Page 3, fourth bullet under "Further Commission comments",- replace "size" with "number" in reference to bathrooms. ■ Page 3, fifth bullet under "Further Commission comments", revise to read: "Appreciate the larger porch that provides an outdoor space" ■ Page 5, first paragraph after item heading; revise first sentence to read: "Reference staff report dated October 13, 2009, with attachments, including memorandum from the City Attorney providing guidance regarding required variance findings that verifies that approval of the proposed property division is not a fundamental property right' ■ Page 8, third bullet from top of page; revise to read: "Given the complexity of the issues around parking and views; before making a decision regarding the lot division, there should be more information regarding the actual applications for development of the lots,prior to making a decision" Motion passed 7-0. IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR None. VI. STUDY ITEMS There were no study items for review. 1 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes October 26, 2009 VII. ACTION ITEMS Consent Calendar - Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a Commissioner prior to the time the Commission votes on the motion to adopt. Chair Terrones asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. Item 1 (12 Vista Lane) was pulled from the Consent Calendar and moved to the Regular Action Calendar since action on the item requires a roll call vote of the Commissioners. There were no other Consent Calendar items. VIII. REGULAR ACTION ITEMS 1. 12 VISTA LANE — ADOPTION OF RESOLUTION MEMORIALIZING THE PLANNING COMMISSION'S OCTOBER 13, 2009 ACTION RECOMMENDING TO THE CITY COUNCIL,APPROVAL OFA VARIANCE FOR LOT FRONTAGE AND TENTATIVE AND FINAL PARCEL MAP APPROVAL FOR PROPERTY LOCATED AT 12 VISTA LANE; STAFF CONTACT: WILLIAM MEEKER Community Development Director Meeker and City Attorney Guinan noted that the Commission is simply considering adoption of a resolution that memorializes its October 13, 2009 actions approving the requests for a Variance and Parcel Map. A public hearing is not required, nor has the matter been noticed as a public hearing; in fact, consideration of the resolution is not an opportunity for Commissioners to change positions regarding the actions, add additional findings, or solicit additional public comment; the Commission should only review the findings in the resolution and confirm the accuracy of the findings in support of the Commission's majority action. Reconsideration of the matter would require a new, duly noticed public hearing. Commissioner A uran moved to adopt the resolution memorializing the Planning Commission's October 13, 2009 action recommending to the City Council, approval of a Variance for lot frontage and Tentative and Final Parcel Map approval for property located at 12 Vista Lane. The motion was seconded by Commissioner Yie. Discussion of motion: None. Chair Terrones called for a roll call vote on the motion to adopt the resolution. The motion passed 4-3 (Commissioners Brownrigg, Cauchi and Terrones dissenting). The Planning Commission's action is advisory and not appealable. At the request of Mark Bender, 520 South EI Camino Real, San Mateo; representing owners of 16 Vista Lane;the following public comments were accepted "from the floor"regarding the resolution memorializing the Commission's action regarding 12 Vista Lane: ■ The findings do not provide an adequate explanation of the substantial property right demonstrated to support approval of the Variance from lot frontage requirements associated with the Parcel Map. ■ The findings do not adequately demonstrate the existence of a hardship to warrant approval of the requested Variance; in fact, several Commissioners indicated that the applicant had created a self- imposed hardship. 2 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes October 26, 2009 This item concluded at 7:15 p.m. 2. 843 CROSSWAY ROAD, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND FLOOR AREA RATIO VARIANCE FOR A FIRST AND SECOND STORYADDITION TOA SINGLE FAMILY DWELLING (REBECCA AMATO, AMATO ARCHITECTURE, APPLICANT AND ARCHITECT; AND WHITNEY AND DENIS MURPHY, PROPERTY OWNERS) STAFF CONTACT: ERICA STROHMEIER Reference staff report dated October 26, 2009,with attachments. Planning Manager Brooks presented the report, reviewed criteria and staff comments. Thirteen (13) conditions were suggested for consideration. Chair Terrones opened the public hearing. Commission comments: ■ Clarified the differences in the floor area calculations for the project; what is calculated as living space by the Planning Division is somewhat different from habitable space as determined by the Building Division. Rebecca Amato, project architect, 668 Fairmount Avenue, Oakland; represented the applicant. ■ Are reducing the mass and bulk of the structure through removal of a portion of the structure and converting existing space within the building envelope into habitable space. ■ Have made modifications to the design to reflect the Commission's direction from the study meeting; however, the Juliet balcony has not been expanded; the owners wish to maintain the privacy with their existing neighbors. ■ Are attempting to restore the original architectural details of the home. Additional Commission comments: ■ Clarified that the existing attic space is being converted to living space. ■ On the east elevation, under the Juliet balcony; is there more detail available regarding the windows and doors? (Amato — all of the windows will be replaced in the structure; will be installing decorative, divided light windows. Grid windows will be provided at the top; owners want the windows to be kept fairly open to enhance views into the courtyard.) ■ Is leaded glass proposed on the window on the east side elevation, near the front? (Amato—yes.) Concerned that the window will not be structurally sound; would like detail submitted to the Commission as an FYI. Public comments: None. There were no further comments and the public hearing was closed. Commissioner Brownrigg moved to approve the application, by resolution, based upon the following findings: that floor area ratio(FAR)is an imperfect measurement used to constrain overly massive or bulky homes; in this instance, bulk and mass is being removed from the structure, existing attic space is being converted to living space without adding to the mass;the existing below grade space which counts in floor area does not contribute to the mass, and also the rear elevation is being enhanced with the changes; will look less massive when complete;additionally, the lot coverage is being reduced. Approval shall be subject to the following conditions: 3 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes October 26, 2009 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped October 16, 2009, sheets A-3.0,A-3.1 and A-3.2,and date stamped October 2,2009,sheets A-0.0 through A-2.0, A-4.0 and A-5.0; 2. that if the structure is demolished or the envelope changed at a later date the Floor Area Ratio Variance, as well as any other exceptions to the code granted here, will become void; 3. that any changes to building materials,exterior finishes,windows,architectural features, roof height or pitch,and amount or type of hardscape materials shall be subject to Planning Division or Planning Commission review (FYI or amendment to be determined by Planning staff); 4. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), shall require an amendment to this permit; 5. that the conditions of the Chief Building Official's April 24,2009,July 22,2009 and August 25,2009 memos, the City Engineer's May 12, 2009 memo, the City Arborist's May 6, 2009 memo, the Fire Marshal's April 27, 2009 memo and the NPDES Coordinator's April 24, 2009 memo shall be met; 6. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 7. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 8. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street;and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 9. that the project shall complywith the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements;any partial or full demolition of a structure,interior or exterior, shall require a demolition permit; 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 11. that prior to scheduling the framing inspection the project architect or residential designer,or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 4 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes October 26, 2009 12. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Division; and 13. that prior to final inspection, Planning Division staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Yie. Discussion of motion: ■ The project does not increase the truly increase the structure's footprint on the property. ■ The slope of the lot creates an additional hardship affecting the areas that are counted towards FAR. ■ The existing home is situated on a corner lot and was built prior to current FAR restrictions. Chair Terrones called for a voice vote on the motion to approve. The motion passed 7-0. This item concluded at 7:30 p.m. 3. AMENDMENTS TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING CODE) TO INCREASE THE INITIAL TERM FOR LAND-USE APPROVALS GRANTED BY THE PLANNING COMMISSION AND CITY COUNCIL FROM ONE-YEAR TO THREE-YEARS,AMENDING THE TERM FOR EXTENSIONS OF THE TERM FOR LAND-USE APPROVALS FROM ONE-YEAR TO TWO-YEARS,AND TO MODIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS FROM SEVEN-DAYS TO TEN-DAYS. WITH RESPECT TO THE AMENDMENTS RELATED TO THE TERMS FOR LAND-USE APPROVALS (INITIAL TERM AND EXTENDED TERM), A TWO-YEAR SUNSET CLAUSE FROM THE EFFECTIVE DATE OF THE AMENDMENTS IS PROPOSED. (NEWSPAPER NOTICE — SAN MATEO COUNTY TIMES 10/16/09) STAFF CONTACT: RUBEN HURIN Reference staff report dated October 26, 2009, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Chair Terrones opened the public hearing. Commission comments: ■ Requested clarification regarding the impact of the sunset clause upon valid approvals. (Meeker— existing approvals would be permitted to run their term.) ■ Would a two year initial term have caused the City Council to adopt the amendment without a sunset clause? (Meeker/Guinan —didn't appear likely.) Public comments: Pat Giorni, 1445 Balboa Avenue; spoke: ■ Thought that the initial term should be a two year period. ■ The whole idea of the change is based upon economic conditions. ■ Doesn't see a problem with the sunset clause. There were no further comments and the public hearing was closed. 5 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes October 26,2009 Commissioner Lindstrom moved to recommend to the City Council,adoption of the amendments to Title 25 of the Burlingame Municipal Code(Zoning Code)relative to time limits forland-use approvals granted by the Planning Commission,extensions of time limits for Planning Commission approvals,and clarifying appeal procedures for design review applications. The motion was seconded by Commissioner Vistica. Discussion of motion: None. Chair Terrones called fora voice vote on the motion to recommend approval. The motion passed 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 7:37 p.m. IX. DESIGN REVIEW STUDY ITEMS 4. 107 LOMA VISTA DRIVE,ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING(UNA KINSELLA,APPLICANT AND ARCHITECT;AND DAVID AND DIANNE WILLOUGHBY, PROPERTY OWNERS)STAFF CONTACT: ERICA STROHMEIER Reference staff report dated October 26, 2009, with attachments. Planning Manager Brooks briefly presented the project description. There were no questions of staff. Chair Terrones opened the public comment period. Commission comments: • Where is the fourth bedroom? (Brooks—the den is considered to be the fourth bedroom.) David Willoughby, 107 Loma Vista Drive and Una Kinsella, 1033 Paloma Avenue; represented the applicant. Additional Commission comments: Provide improved descriptions of trim details and finishing materials. • Nice design;appropriate for the neighborhood. Wood-clad windows are called out; are they metal or vinyl clad? (Kinsella—has not yet been determined,depends upon the manufacturer and property owners'choice.)Vinyl-clad windows are strongly discouraged. Having a master bedroom downstairs can be a problem for re-sale;has any thought been given to this? (Willoughby—have thought it through;is what he desires;plan to retire in the house.) Is the semi-circle above the windows a stucco piece? (Kinsella—to keep the budget in line,have chosen square-top windows with an arched detail above the windows,in lieu of arched windows; could be a wood detail,would not be foam.) Call out the detail on the final plans. • What is envisioned below the water table? (Kinsella—likely to be a stucco band,and will return on the sides where visible from the street.) Requested clarification regarding the cantilevered window seat on the second floor. (Kinsella—will likely be a high window sill,rather than a window seat. Widened the wall to improve the proportion. The room is actually narrower.) 6 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes October 26, 2009 • On right elevation, what can be done with the second floor closet? (Kinsella — was attempting to prepare an efficient framing plan; didn't want the room to appear wider than needed; though the symmetry of the windows on either side would work. Feels it is placed far enough back that it will not be seen from the street, particularly with the landscaping in place.) ■ On the master bathroom; could move the toilet closer to the wall. Would not have the shower door opening toward the toilet. (Kinsella — interior details will be worked out as the design is being finalized.) ■ Is the tree along the side existing? (Kinsella — will be a new planting.) ■ Perhaps install a small window in the closet; could enhance the design. • Call out the window materials and the material used for the decorative features above the windows. ■ Look at the staircase window; appears a bit large for the front elevation. ■ Provide details of finishing, particularly the trellis columns, porch columns, and other features. ■ Take the water table around the side elevations to finish off the design. Public comments: Pat Giorni, 1445 Balboa Avenue; spoke: ■ The applicants have exhibited great sensitivity to the neighbors. ■ Impressed that the remodel falls 250 square feet below the maximum FAR. • Good looking project. There were no other comments from the floor and the public hearing was closed. Commissioner Vistica made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Auran. Discussion of motion: None. Chair Terrones called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 7:55 p.m. 5. 1441 BALBOA AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION QUALIFYING AS SUBSTANTIAL CONSTRUCTION (JAMES CHU, CHU DESIGN & ENGR., INC., APPLICANT AND DESIGNER; AND JAY TRYGSTAD AND THERESA HEI, PROPERTY OWNERS) STAFF CONTACT: ERICA STROHMEIER Reference staff report dated October 26, 2009, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Terrones opened the public comment period. James Chu, 55 West 43rd Avenue, San Mateo; represented the applicant. ■ Have totally redesigned the layout of the home, and provided a new look. 7 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes October 26,2009 • The Special Permit requested is common for this type of home;the new home is only 2.5 feet taller than the existing home. • Are intending to upgrade all electrical and plumbing. Commission comments: • Where is the closet for bedroom one? (Chu—there is no closet.) • There is a large row of Oaks trees in the easement behind the house;landscape plan proposes a couple of Laurel trees;doesn't think that massive planting is required if the Oaks are remaining in place. (Chu—the Oaks will remain.) Public comments: Angela Valles,1437 Balboa Avenue and Pat Giorni,1445 Balboa Avenue;spoke: • The proposed footprint will place the structure 4.3 feet closer to property at 1437 Balboa Avenue; the driveway will be placed against the fence. The proposed six-foot fence will be unattractive and will obstruct views of the sidewalk and street when exiting the driveway;the fence should not extend past the gate on the adjacent property at 1437 Balboa Avenue. • The driveway will be narrower and less likely to be used by the property owner. • The proposed curb cut will extend past the property line into the property at 1437 Balboa Avenue. • The fire hydrant exists near the neighboring property;will it be relocated,or will no-parking area be extended? The fence at the rear of the property,near the garage,needs to remain at its current location;the neighbor bought her property with this condition existing. • The larger home will impact light and sky views from the adjacent properties;the additional chimney is unnecessary and impacts light to the adjacent property. • The additional height will affect the character of the neighborhood. The proposed home is"cookie cutter;the design is not someone's dream home;is a spec home. • Will remove another affordable house from the market. The second-floor balcony will affect the neighbor's privacy at 1437 Balboa Avenue. Nice design;but needs a bit of work. Impressed that the project falls below the maximum FAR. • Believes that once work begins there will be a lot of replacement of walls occurring due to deferred maintenance over the years;second floor walls will likely all need to be replaced. • For all intents and purposes,will be a new house due to the deteriorated condition of the existing home. The fence adjacent to 1445 Balboa Avenue should be rebuilt exactly as it stands currently;the garage at 1445 Balboa Avenue is off-set by one-foot and the land in this area has effectively been used by the neighbors;and can continue to be used in that manner. • Prefer that there is no lattice on top of the fence;maintain the fence at a six-foot height. • Have the six-foot fence extend along the driveway and stop at the existing gate post. • Requested that if the hedge is replaced;but not with a fence;replace with landscaping. • Beyond the hedge is a picket fence that was installed about 15-years ago;but was previously a shared piece of lawn;is willing to get rid of plantings in that area,replaced with a grass strip if the property owners wish. The PG&E pole is on the property line between 1441 and 1445 Balboa Avenue;there is lawn to be maintained on both sides of the pole. CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes October 26, 2009 5 baffi &M .;A.nW1NiluAwNPbsmrzkwbua^.^mv' / i MNMG:1NAikAP P! in/5^®.� GF]PoYC2Y'D2 ■ When rebuilding the fence; the finished side is normallyfacing 1445 Balboa Avenue; however, when rebuilt 10-years ago, the unfinished side faced 1441 Balboa Avenue. When the fence is rebuiltwant the grape stakes to be salvaged on the 1445 side so that they can be reinstalled. ■ During the fence construction; when concrete is placed in the ground, install a two to three-inch collar above ground to protect the wood post against rot; should be a condition of approval. ■ The Laurel trees are not appropriate under the Oaks; the Oaks cannot be touched without City approval, since they are on City property; they also appear to be heritage trees; they are currently maintained by PG&E. The Oaks provide privacy to adjacent properties. ■ The Laurel trees can grow to at least 30-feet with a 15 to 20-foot spread; inappropriate for the area. ■ The Arborist indicated that the street tree is to be replaced; Balboa Avenue is going through a discussion at the Beautification Commission for a tree theme; Catalpas are being requested. Dogwood trees are inappropriate for the area at the front of the property; will also obstruct views when leaving the driveway. ■ The Magnolia tree at the other side of the front of the property is also inappropriate; can grow to 80- feet with a 40-foot spread; will ultimately block the sun to a number of homes. ■ Provide tree protection for the birch trees on the property at 1445 Balboa Avenue. ■ The porch should run the entire width of the front of the house; suggest that the front door remain at its current location. ■ A sidewalk through the front lawn is not necessary; most homes in the area gain access to their porches from the driveway; this approach should continue. ■ Remove the left side chimney; it is only a gas vented fireplace; perhaps extend the roof overhang in this area. ■ Questioned the need for four and one-half bathrooms, not sustainable; consider removing the Y2 bath on the first floor; the space occupied by the powder room can be captured by the closet and the foyer. ■ The kitchen is far removed from the dining room; does not appear to be a practical flow; could switch the stairway with the dining room. ■ The nook off of the family room could be removed; could eliminate deck impacts from the second floor. ■ Ensure that the utilities are quiet, even though they are to be on the opposite side of the house. ■ A nine and one-half foot wide driveway is not enough; no one will park deeper into the driveway, people will not move past the gate. ■ The dumpster should be placed on the property during construction in order to protect the street; should be a condition of approval. Additional comments from the applicant: ■ Sent the neighbor a copy of the plans prior to submitting to the City, but did not respond. ■ The driveway is 11 -feet wide, where a nine and one-half foot wide driveway is allowed. ■ Concurs with the need to have the fence stop at the gate to permit views of street and sidewalk. ■ The balcony is small, less than 60 square feet; not intended for group gatherings; privacy issues work both ways; could be mitigated with landscaping. ■ Is almost a new home; are forced to replace all ceiling joists and replace with floor joists. ■ Is a private residence; not being built for re-sale. ■ Will try to work out issues with the neighbors; particularly with respect to fencing and landscaping. Additional Commission comments: ■ Nice project. ■ Work with the neighbors regarding fencing and landscaping details. 9 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes October 26, 2009 • Be aware of any issues with the Beautification Commission; particularly regarding the street trees. ■ Regarding the nook in the kitchen; pretty small, not large enough for a table and chairs. Could it be extended, and create a sitting room on the second floor, could be a compromise to protect neighbor's privacy from a balcony upstairs? (Chu —will consider.) ■ If the porch at the rear is "pulled back", could result in changes that improve the usability of the rear yard. ■ Agrees with neighbor regarding extension of the front porch across the front of the house. (Chu —will look into this matter.) • Agree with the comments regarding the fence heights. ■ With respect to gates; should be automatic if provided; they never seem to work; usually impedes the use of the driveway. ■ Like the powder room in the front. ■ Neighbor's points are not insurmountable. ■ Regarding the balcony off of the rear; a concern if it invades neighbor's privacy; important to consider. ■ Consider neighbor comments regarding the trees, Magnolia and Dogwood may not be good choices in the front yard. ■ Look at using a permeable surface for the patio. • Might prefer a pocket door at the powder room. ■ Make sure that there is tree protection for the Birch trees on the neighbor's property. ■ Revisit the chimney on the south side of the home, adjacent to 1437 Balboa; doesn't appear critical to that elevation. ■ Provide more detail regarding the stone veneer. ■ Extending the porch across the front could better ground the house. ■ Landscape architect will need to review the plant materials in the rear given the presence of the Oak trees. ■ Appreciates the way that the mass of the home has been centered on the lot. ■ Like the front door at its current location. ■ Like having a walkway provided to the front door. ■ The Oak trees establish a scale for landscaping at the rear of the property; is a nice feature of the neighborhood. There were no other comments from the floor and the public hearing was closed. Commissioner Auran made a motion to place the item on the Regular Action Calendar when complete. This motion was seconded by Commissioner Cauchi. Discussion of motion: None. Chair Terrones called for a vote on the motion to place this item on the RegularAction Calendar when plans have been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 8:44 p.m. X. COMMISSIONERS' REPORTS There were no Commissioner's Reports. 10 CITY OF BURLINGAME PLANNING COMMISSION- Unapproved Minutes October 26, 2009 XI. DIRECTOR'S REPORT Commission Communications: ■ None. Actions from Regular City Council meeting of October 19, 2009: ■ The public hearing on the appeal of 349 Lexington Way was continued to November 2, 2009 at the request of the appellant (property owner). FYI: 1462 Burlingame Avenue — review of required changes to a previously approved Commercial Design Review project: ■ Accepted, but requested an amended FYI clarifying the design of the "black-out' material to be installed on the lower portion of the windows. Miscellaneous Comments: ■ Questioned the signage for the Hilton hotel; will a similar sized sign be placed on the side of the building like the Sheraton? (Brooks —staff has been working with the owner regarding signage, but nothing has been finalized yet.) Asked that noticing to the affected neighborhood (Burlingables) be provided if an item appears before the Commission. ■ Asked when the Commission will discuss the historic property issue? (Meeker— a discussion will occur before the Planning Commission on November 9, 2009.) ■ Asked when will subcommittee discussions be scheduled? (Meeker— indicated that the Chairman still needs to prioritize which matters should be agendized for discussion.) XII. ADJOURNMENT Chair Terrones adjourned the meeting at 8:48 p.m. Respectfully submitted, Sandra Yie, Secretary 11 City of Burlingame OCTOBER PERMIT ACTIVITY " Permit activity was slow for the second straight month.Although permits for residential alterations improved compared to October 2008, permits for non- residential alterations were down significantly. Only one permit was issued for a new single family dwelling in October. In addition, permits for smaller improvements, such as kitchen and bathroom upgrades,were slow. **There were no pre-application meetings held in October. THIS MONTH THIS MONTH LAST YEAR DIFF F.Y. 2009 F.Y.2008 DIFF Permit Type # # % # # % WATER HEATER 1 449 1 575 8 13,371 -96 SWIMMING POOL 1 42,000 2 43,000 -2 SIGN 5 13,610 4 20,500 -34 10 60,460 10 69,050 -12 ROOFING 18 442,108 18 184,480 140 64 1,074,208 81 1,256,238 -14 RETAINING WALL 1 10,600 1 4,000 165 PLUMBING 25 76,444 7 44,000 74 57 223,794 35 170,108 32 NEW SFD 1 600,000 3 1,900,000 -68 5 2,412,000 7 4,150,000 -42 NEW COMMERCIAL NEW 5 UNIT APT OR CO NEW 3 OR 4 UNIT APT MECHANICAL 2 4,060 3 23,916 -83 16 79,684 12 92,491 -14 KITCHEN UPGRADE 4 69,943 8 177,000 18 537,004 -67 FURNACE 1 2,000 1 2,000 8 82,813 -98 ELECTRICAL SERVICE 3 8,500 2 6,500 31 8 51,400 9 25,500 102 City of Burlingame OCTOBER PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F.Y. 2009 F. Y.2008 DIFF Permit Type # # % # # % ELECTRICAL 4 36,400 3 49,976 -27 21 173,599 13 95,021 83 BATHROOM UPGRADE 4 43,100 16 261,479 15 175,779 49 ALTERATION RESIDENTI 31 1,986,512 37 1,631,040 22 110 6,708,846 129 5,499,510 22 ALTERATION NON RES 6 317,500 12 5,157,675 -94 33 2,125,790 44 7,643,490 -72 Totals: 96 3,487,134 98 9,131,579 -62 352 13,403,435 392 19,857,375 -33 CITY OF BURLINGAME Portfolio Management Portfolio Summary October 31, 2009 Par Market Book %of Days to YTM/C YTM/C Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 13,866,030.93 13,866,030.93 13,866,030.93 38.67 1 1 0.658 0.667 Federal Agency Issues-Coupon 19,000,000.00 19,174,730.00 18,988,654.91 52.96 1,649 132 3.169 3.213 Municipal Bonds 3,000,000.00 3,000,000.00 3,000,000.00 8.37 1,825 120 4.932 5.000 35,866,030.93 36,040,760.93 35,854,685.84 100.00% 1,027 80 2.345 2.378 Investments Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 73,847.49 319,849.03 Average Daily Balance 36,284,624.70 40,173,781.30 Effective Rate of Return 2.40% 2.36% 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 availability of some of e e funds is restricted by law(e.g. Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). /-L2-2022- JESUS NAV , FINA CE DIR./TREASU R Reporting period 10/01/2009-10/31/2009 Portfolio CITY CP Run Date:11/12/2009-08:33 PM(PRF_PM1)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments October 31, 2009 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAIF&County Pool SYS77 77 LOCAL AGENCY INV.FD. 12,777,905.32 12,777,905.32 12,777,905.32 0.646 0.646 1 SYS79 79 S M COUNTY POOL 1,088,125.61 1,088,125.61 1,088,125.61 0.910 Aaa 0.910 1 Subtotal and Average 13,586,292.37 13,866,030.93 13,866,030.93 13,866,030.93 0.667 1 Federal Agency Issues-Coupon 31331YGR5 545 FEDERAL FARM CREDIT BANK 12/07/2007 1,000,000.00 1,004,080.00 1,000,000.00 4.490 4.490 36 12/07/2012 3133XMSW2 544 FEDERAL HOME LOAN BANK 11/16/2007 1,000,000.00 1,001,840.00 1,000,000.00 4.850 Aaa 4.850 15 11/16/2012 3133XNYV5 547 FEDERAL HOME LOAN BANK 01/22/2008 1,000,000.00 1,008,720.00 1,000,000.00 4.050 Aaa 4.050 82 01/22/2013 3133XP3C6 548 FEDERAL HOME LOAN BANK 01/29/2008 1,000,000.00 1,009,370.00 1,000,000.00 4.000 Aaa 4.000 89 01/29/2013 3133XQZT2 552 FEDERAL HOME LOAN BANK 04/30/2008 1,000,000.00 1,018,640.00 1,000,000.00 4.000 Aaa 4.000 180 04/30/2013 3133XRYR5 560 FEDERAL HOME LOAN BANK 08/22/2008 1,000,000.00 1,012,970.00 1,000,000.00 4.400 Aaa 4.400 113 08/22/2013 3133XUKE2 576 FEDERAL HOME LOAN BANK 08/17/2009 1,000,000.00 1,000,470.00 1,000,000.00 1.250 Aaa 1.250 16 02/17/2012 3133XUH97 577 FEDERAL HOME LOAN BANK 08/24/2009 1,000,000.00 1,000,840.00 1,000,000.00 1.500 Aaa 1.500 23 08/24/2012 3133XUKS1 578 FEDERAL HOME LOAN BANK 08/27/2009 1,000,000.00 1,002,000.00 1,000,000.00 3.000 Aaa 3.000 26 08/27/2014 3133XUTTO 580 FEDERAL HOME LOAN BANK 09/28/2009 1,000,000.00 1,001,370.00 1,000,000.00 1.000 Aaa 1.000 57 09/28/2012 3128X7RW6 554 FEDERAL HOME LOAN MORTG.CORP. 06/09/2008 1,000,000.00 1,020,000.00 991,154.91 4.000 Aaa 4.483 193 05/13/2013 3128X7W26 566 FEDERAL HOME LOAN MORTG.CORP. 10/16/2008 1,000,000.00 1,033,520.00 997,500.00 4.375 Aaa 4.513 306 09/03/2013 3128X8YZ9 570 FEDERAL HOME LOAN MORTG.CORP. 04/30/2009 1,000,000.00 1,004,790.00 1,000,000.00 2.125 Aaa 2.125 90 04/30/2014 3136FHAL9 568 FANNIE MAE 02/19/2009 1,000,000.00 1,006,110.00 1,000,000.00 2.200 Aaa 2.200 110 08/19/2011 3136F97K3 569 FANNIE MAE 02/18/2009 1,000,000.00 1,008,930.00 1,000,000.00 3.250 Aaa 3.250 109 02/18/2014 3136FHE50 571 FANNIE MAE 06/23/2009 1,000,000.00 1,004,780.00 1,000,000.00 3.500 Aaa 3.500 52 06/23/2014 3136FH2D6 573 FANNIE MAE 08/05/2009 1,000,000.00 1,015,160.00 1,000,000.00 3.200 Aaa 3.200 277 08/05/2014 31398AYN6 574 FANNIE MAE 07/28/2009 1,000,000.00 1,015,740.00 1,000,000.00 3.000 Aaa 3.000 634 07/28/2014 3136FH2X2 575 FANNIE MAE 08/11/2009 1,000,000.00 1,005,400.00 1,000,000.00 2.250 Aaa 2.250 102 08/11/2014 Subtotal and Average 19,698,332.33 19,000,000.00 19,174,730.00 18,988,654.91 3.213 132 Municipal Bonds 83646AAM5 579 South Bayside Waste Management 09/02/2009 3,000,000.00 3,000,000.00 3,000,000.00 5.000 5.000 120 09/01/2014 Subtotal and Average 3,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 5.000 120 Total and Average 36,284,624.70 35,866,030.93 36,040,760.93 35,854,685.84 2.378 80 Portfolio CITY CP Run Date:11/12/2009-08:33 PM(PRF_PM2)Sym Rept 6.41.202a sport Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Activity By Type October 1, 2009 through October 31, 2009 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS77 77 LOCAL AGENCY INV.FD. 0.646 42,855.31 2,000,000.00 SYS79 79 S M COUNTY POOL 0.910 576,962.04 0.00 Subtotal 15,246,213.58 619,817.35 2,000,000.00 13,866,030.93 Federal Agency Issues-Coupon 3133XMKS9 541 FEDERAL HOME LOAN BANK 5.020 10/22/2009 0.00 1,000,000.00 3133XSA24 562 FEDERAL HOME LOAN BANK 4.250 10/01/2009 0.00 1,000,000.00 3136FHF59 572 FANNIE MAE 4.000 10/02/2009 0.00 1,000,000.00 Subtotal 21,988,654.91 0.00 3,000,000.00 18,988,654.91 Municipal Bonds Subtotal 3,000,000.00 3,000,000.00 Total 40,234,868.49 619,817.35 5,000,000.00 35,854,685.84 Portfolio CITY CP Run Date:11/12/2009-08:33 PM(PRF_PM3)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 4 Activity Summary October 2008 through October 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 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 June 2009 20 43,179,075.71 2.507 2.542 1.494 1 2 730 581 July 2009 20 43,268,127.81 2.184 2.215 1.033 2 2 729 588 August 2009 25 39,276,367.13 2.414 2.448 0.912 5 0 993 92 September 2009 25 40,234,868.49 2.445 2.479 0.687 2 2 1,051 87 October 2009 22 35,854,685.84 2.345 2.378 0.667 0 3 1,027 80 Average 23 39,493,727.77 2.980% 3.022% 1.652 1 2 943 603 Portfolio CITY CP Run Date:11/12/200 -09:33 PM(PRF PN44)SynnRept 6.41.202a 1/ Report Ver.5.00 i CITY OF BURLINGAME Portfolio Management Page 5 Distribution of Investments By Type October 2008 through October 2009 October November December January February March April May June July August September October Average Security Type 2008 2008 2008 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 by Period LAIF&County Pool 18.9 20.6 34.4 41.7 38.9 40.5 53.5 55.4 58.3 58.4 41.5 37.9 38.7 41.4% Certificates of Deposit-Bank Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln Negotiable CD's-Bank CORP NOTES Bankers Acceptances _ Commercial Paper-Interest Bearing Commercial Paper-Discount Federal Agency Issues-Coupon 75.1 73.2 60.3 53.2 56.2 54.0 42.0 40.2 41.7 41.6 58.5 54.7 53.0 54.1% 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 CAMP-Managed Pool Accounts Municipal Bonds 7.5 8.4 1.2% Miscellaneous Discounts-At Cost 2 Miscellaneous Discounts-At Cost 3 Portfolio CITY CP Run Date:11/12/2009-08:33 PM(PRF_PM5)SymRept 6.41202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Interest Earnings Summary October 31, 2009 October 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 76,461.11 274,711.11 Plus Accrued Interest at End of Period 186,516.24 186,516.24 Less Accrued Interest at Beginning of Period ( 197,071.25) ( 194,978.19) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 65,906.10 266,249.16 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 65,906.10 266,249.16 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 45,658.48 134,710.58 Plus Accrued Interest at End of Period 358,830.89 358,830.89 Less Accrued Interest at Beginning of Period ( 396,547.98) ( 439,941.60) Interest Earned during Period 7,941.39 53,599.87 Total Interest Earned during Period 73,847.49 319,849.03 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period 73,847.49 319,849.03 Portfolio CITY CP Run Date:11/12/2009-nA33 PM(PRF_PM6)SynnRept 6.41.202a , / Report Ver.5.00 Water/Wastewater Bond Portfolio Management Portfolio Summary October 31, 2009 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. CAMP-Managed Pool Accounts 8,241,863.07 8,241,863.07 8,241,863.07 100.00 1 1 0.296 0.300 8,241,863.07 8,241,863.07 8,241,863.07 100.00% 1 1 0.296 0.300 Investments Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 2,641.27 10,275.04 Average Daily Balance 8,239,862.18 8,016,990.75 Effective Rate of Return 0.38% 0.38% 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 availability of some of a funds is restricted by law(e.g. Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). JESUS NAV , FINANCE DIR./TREASUR Reporting period 10/01/2009-10/31/2009 Portfolio CAMP CP Run Date:11/09/2009-11:40 PM(PRF_PM1)Sym Rept 6.41.202a Report Ver.5.00 Water/Wastewater Bond Portfolio Management Page 2 Portfolio Details - Investments October 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 CAMP-Managed Pool Accounts SYS116-01 116-01 CAMP Water/Wastewater Bond Fun 07/10/2009 1,165,199.06 1,165,199.06 1,165,199.06 0.300 0.300 1 SYS 116-02 116-02 CAMP Water/Wastewater Bond Fun 07/10/2009 7,076,664.01 7,076,664.01 7,076,664.01 0.300 0.300 1 Subtotal and Average 8,239,862.18 8,241,863.07 8,241,863.07 8,241,863.07 0.300 1 Total and Average 8,239,862.18 8,241,863.07 8,241,863.07 8,241,863.07 0.300 1 Portfolio CAMP CP Run Date:11/09/2009-11:40 PM(PRF_PM122))SyrnRept 6.41.202a ` eport Ver.5.00