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HomeMy WebLinkAboutAgenda Packet - CC - 2009.03.02 CITY BURLINGAME 0 OAaTee�wae O BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITYCOUNCILMEETING AGENDA Monday, March 2, 2009 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 February 17, 2009 5. PRESENTATIONS a. Proclamation honoring Red Cross Month b. Presentation of processing and disposing of bio-solid from Waste Water Treatment Plant 6. PUBLIC HEARING a. Public Hearing to approve expenditure of Supplemental Law Enforcement Services funds also referred to as COPS (Citizens Options for Police Spending) 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 There are no Staff Reports. 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. 9. APPROVAL OF CONSENT CALENDAR a. Update on American Recovery and Reinvestment Act (ARRA) of 2009 and Resolution authorizing the filing of an application for ARRA funding and stating the assurance to complete the project b. Adopt a Resolution authorizing a rate increase for police generated towing services provided by the City of Burlingame's two rotational tow companies c. Adopt a Resolution accepting San Mateo County Energy Strategy 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 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, January 20, 2009; Beautification February 5, 2009; Planning, February 9, 2009 b. Department Reports: Building, January 2009 c. Letter from Comcast concerning programming adjustments 15. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall, 501 Primrose Road, from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING—MONDAY,MARCH 16, 2009 VIEW REGULAR COUNCIL MEETINGS ONLINE AT WWW.BURLINGAME.ORG—GO TO "CITY COUNCIL VIDEOS" 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. CITY O� BURIA?191 ME �o'�q o° "FnT[°Jura[b• BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of February 17, 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. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Dan Andersen. 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 Council Goal Setting Session of January 31, 2009; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. Two corrections were made to the minutes of February 2, 2009 regular Council meeting: Page 4 to correct the name of Il Piccolo Caffe and correct the spelling of Iry Amstrup's name. Councilwoman Nagel made motion to approve the minutes of the regular Council meeting of February 2, 2009; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATIONS a. CALIFORNIA HIGH SPEED RAIL PROJECT PRESENTATION BY HNTB CORPORATION Tim Cobb, Vice President from HNTB Corporation and Gary Kennerley of California High Speed Rail Authority, gave a presentation on the California High Speed Rail Project and its impact on the City of Burlingame. Mr. Kennerley reported that there would be twelve (12) high-speed trains during peak hours. Mr. Kennerley contacted the City on February 19, 2009 and corrected the number of trains to be nine (9) during peak hours. 6. PUBLIC HEARINGS There were no public hearings. 1 Burlingame City Council February 17,2009 Unapproved Minutes 7. PUBLIC COMMENTS Kim Levy of Caltrain Government Affairs introduced herself to Council. Pat Giorni, 1445 Balboa Avenue, spoke about the red light cameras and the need for the storm drain measure fee. There were no further comments from the floor. Following public comments, CM Nantell reported that due to the Internet not functioning, there was no streaming video of the meeting taking place. 8. STAFF REPORTS AND COMMUNICATIONS a. APPROVAL OF COMMERCIAL CREDIT CARD AGREEMENT WITH COMMERCE BANK, N.A. FOR REVENUE SHARING PAYMENT PROGRAM FinDir Nava reviewed the staff report and introduced Herb Suvaco of Commerce Bank and requested Council adopt Resolution No. 10-2009 to approve a commercial card agreement with Commerce Bank N.A. authorizing the Finance Director to execute the commercial card agreement and authorizing designated signers to establish credit card accounts. FinDir Nava outlined the benefits of paying city vendors using a commercial card program that provided revenue sharing payments to the city. Commerce Bank contacted 16 of the city vendors to determine their acceptance of Visa/Mastercard electronic payments in lieu of checks and 13 of the vendors agreed to accept. These 13 vendors provide approximately$3 million in services and goods to the city. Based on the revenue sharing schedule included in the agreement, using this payment method would provide the city with$27,000 in revenue sharing payments. Councilwoman O'Mahony made a motion to approve Resolution No. 10-2009; seconded by Councilwoman Nagel; motion was approved unanimously by voice vote, 5-0. b. RESOLUTION OPPOSING THE ISSUANCE OF $65.45 MILLION IN REVENUE OBLIGATIONS TO CONSTRUCT THE SOUTH BAY WASTE MANAGEMENT AUTHORITY (SBWMA) SHOREWAY ENVIRONMENTAL CENTER OR OTHER SOLID WASTE FACILITIES FinDir Nava reviewed the staff report and requested Council adopt Resolution No. 11-2009 opposing the issuance of$65.45 million in revenue obligations by the South Bayside Waste Management Authority to finance the construction of the Shoreway Environmental Center or other solid waste facilities. FinDir Nava stated that the initial cost of the project including recycling sorting equipment and its installation was estimated at $25.9 million in April 2007. The costs were restated in April 2008 at $41.5 million based on an increase in the cost of building improvements, recycling sorting equipment, and the addition of$2.5 million for the installation of the equipment and start up. The costs were increased again in June 2008 to $59.4 million due to the addition of"soft costs" such as planning, landscaping, and an increase in installation costs for recycling equipment. FinDir Nava reviewed the numerous risks associated with the use of variable rate bonds to fund the project. They include: bond rating downgrade risk; bond resale/renewal/rollover risk; and collateral pledge risk. FinDir Nava stated that since it is public funds that will be used to repay these bonds and any related 2 Burlingame City Council February 17,2009 Unapproved Minutes liabilities, it is the City's position to wait until the financial markets are more stable and less laden with risk before proceeding with this borrowing and constructing the project. Council discussion followed and there was agreement to support staff's recommendation. Councilwoman O'Mahony made a motion to approve Resolution No. 11-2009; seconded by Vice Mayor Baylock; motion was approved unanimously by voice vote, 5-0. Councilwoman Nagel made a second motion to send a letter to the other agencies in the JPA asking them to reconsider approving the issuance of the bond; seconded by Councilwoman O'Mahony; motion was approved unanimously by voice vote, 5-0. C. REQUEST A PUBLIC HEARING TO APPROVE THE EXPENDITURE OF SLESF (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS)ALSO REFERRED TO AS COPS (CITIZENS FOR PUBLIC SAFETY) COP Van Etten requested Council hold a public hearing on March 2, 2009 to approve the supplemental law enforcement services funding to be used to pay and maintain the salary and benefits of a Burlingame Police Officer. Vice Mayor Baylock made a motion to conduct a Public Hearing on March 2, 2009; seconded by Councilwoman Nagel; motion was approved unanimously by voice vote, 5-0. 9. CONSENT CALENDAR Councilwoman O'Mahony requested Item 9b be pulled from the Consent Calendar for further clarification. Vice Mayor Baylock made a motion to approve Items 9 a, c, d, e, and f of the Consent Calendar; seconded by Councilwoman Nagel; motion was approved unanimously by voice vote, 5-0. a. RESOLUTION ACCEPTING FEDERAL GRANT FUNDED 2008 STREET RESURFACING PROJECT DPW Murtuza requested Council adopt Resolution No. 12-2009 accepting improvements of federal grant resurfacing project 2008 by C. F. Archibald Paving, Inc. b. RESOLUTION AWARDING CALIFORNIA DRIVE CONTROLLER AND CABINET REPLACEMENT PROJECT DPW Murtuza requested Council adopt Resolution No. 13-2009 awarding contract for California Drive Controller/Cabinet Replacement Project to W. Bradley Electric. Councilwoman O'Mahony wanted to emphasize that the money the City is receiving from ABI 536 are a direct result of the City's participation in the City& County Association of Governments and their advocating for the money on behalf of the City. Councilwoman O'Mahony made a motion to approve Resolution No. 13-2009; seconded by Councilwoman Nagel; motion was approved unanimously by voice vote, 5-0. 3 Burlingame City Council February 17,2009 Unapproved Minutes C. APPROVAL OF THE RESOLUTION ACCEPTING THE CONTRACT FOR THE CUERNAVACA PARK PLAY AREA RENOVATION PROJECT PRD Schwartz requested Council adopt Resolution No. 14-2009 accepting completion of Cuernavaca Park playground renovation by Blossom Valley Construction. d. APPROVAL OF THE RESOLUTION APPROVING APPLICATION FOR FUNDING FROM THE URBAN FORESTRY GRANT PROGRAM ENTITLED "TREE INVENTORY GRANT" AS PROVIDED THROUGH PROPOSITIONS 40 AND 84 PRD Schwartz requested Council adopt Resolution No. 15-2009 for funding from the Urban Forestry Grant Program entitled"Tree Inventory Grant" as provided through Propositions 40 and 84. e. REJECTION OF ALL BIDS AND AUTHORIZATION FOR STAFF TO READVERTISE STREET RESURFACING PROGRAM 2009 DPW Murtuza requested Council reject all bids and authorize staff to readvertise the Street Resurfacing Program 2009 to obtain new bids. L APPROVE WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants #37414-38060 duly audited, in the amount of $3,291,069.87; Payroll checks No. 173457— 173679 in the amount of$2,416,235.49 for the month of January 2009. 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. COUNCILMAN DEAL'S REPORT ON THE CALIFORNIA HIGH SPEED RAIL AUTHORTIY COALITION Councilman Deal reported that he attended the California High Speed Rail Authority Coalition meeting on February 6, 2009 and the general consensus among all the attendees was to mitigate any problems before the start of the project. He also indicated that a letter was sent to the High Speed Rail Authority requesting that the scoping period be extended 30 days. Mayor Keighran suggested that a meeting with San Mateo and Millbrae to discuss the high speed rail project would be advantageous and requested staff to schedule the meeting. Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS Pat Giorni, 1446 Balboa Avenue commented on the Tour of California Bicycle Race that was taking place this week. There were no further comments from the floor. 4 Burlingame City Council February 17,2009 Unapproved Minutes 12. OLD BUSINESS a. WAIVER OF FIELD MONITORING FEES FOR USE OF WASHINGTON PARK BALL FIELD BY BURLINGAME HIGH SCHOOL CM Nantell reported that a meeting with the District subcommittee was scheduled for Monday, February 9, 2009 but did not take place due to the illness of one of the members. It was decided that when the final report is received and reviewed the meeting will be rescheduled. 13. NEW BUSINESS Councilwoman Nagel suggested that due to the recent rain storms staff consider giving tours of the overflowing creeks in support of the upcoming storm drain measure. 14. ACKNOWLEDGMENTS a. Commission Minutes: Library,November 18, 2008 b. Department Reports: Fire, January 2009; Finance, January 2009 c. Two letters from AT&T U-verse TV concerning programming changes and price adjustments 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:09 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 5 Burlingame City Council February 17,2009 Unapproved Minutes rt-- City of Burlingame Waste Water Treatment Facility Bay Area Biosolids 2 Energy City Council Presentation March 2, 2009 Agenda ■ What are Biosolids? ■ Current disposal program ■ Current disposal site in jeopardy ■ Future Concerns ■ What is being done to face anticipated challenges? ■ Conversion of biosolids to energy ■ Cost and benefits of joining .TEPA What Are Biosolids? e � tt r a N Primary Clarifier Sludge s ■ Influent solids "" settle in primary a clarifier ■ Primary clarifier sludge is pumped to GT continuously at 170 gpm ■ GT pumped to digester @ 8,000 gpd . Activated Sludge ■ Microorganisms under aeration at —22,000 pounds ■ Waste stream to GBT @ 100 gallons per minute ,, . Dewatered to 6% and pumped to digester @ —12,000 gallons per day Biosolids ■ Waste Activated Sludge ■ Primary Sludge ■ 20,000 gallons per day are pumped to our 592,000 gallon anaerobic digester -- ■ Produce methane gas that is used to power our cogeneration - - engine ■ Annual biosolids �r production is consistent at 700 to 800 dry tons per year c M L — �- L LII .�. 4—,— 0)v �A oo I � � 1—m Nor- Q a , V a O ■ ■ ► a" CL Vhf �} L OLS ✓ L o L ru - � - L (,r) 0 Cy) v V 0Q °' oo -a � 1 i 16 4+ Biosolids Disposal Site in Jeopardy ■ S-4rraGro is our contract sludge hauler ■ Currently Biosolids are land applied, or sent to a compost facility t depending on weather conditions ' r ■ As disposal locations are 4, }' closed, disposal sites will be further away from the treatment plant Future Concerns ■ The ban of land applying Class B Biosolids have increased throughout California (refer to handout) ■ These restrictions on land application require further distance for disposal which increase green house gas emissions ■ Production of Biosolids will continue ■ Cost for disposal will increase What is being done to face the anticipated challenges? Biosolids 2 Energy (132E) ■ 17 Bay Area agencies are working together to form JEPA and create a facility that members would bring their biosolids to ■ The B2E facility would create a long term, reliable renewable energy ■ Space for biosolids on a first come first serve basis to size B2E facility ■ Leverage State and Federal funds to hold biosolids disposal costs down Benefits of joining ]EPA ■ Ensure and secure disposal site for biosolids ■ Reduce green house gas emissions ■ Reduce trucking costs and truck traffic on our highways ■ Create carbon emission credits Cost of joining JPA ■28,000 membership fee per year for the next two years to pay for engineering design and project development ■ Future costs to dispose of bio-solids will be determined with the number of agencies that participate ■ City is not obligated to send bio-solids to this facility If it finds a better deal ■ Staff will return to Council in the future regarding JEPA agreement approval Questions ? z CITY AGENDA ITEM# 6a Wg"h'E STAFF REPORT MTG. �'" DATE:March 2,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: Jack Van Etten,Chief of Police DATE: February 18,2009 41 APPROVED FROM: Jack Van Etten,Chief of Police BY: Jim Nantell,City Manager SUBJECT: Public Hearing to Approve the Expenditure of SLESF(Supplemental Law Enforcement Services Funds),also referred to as COPS(Citizens Options for Public Safety) RECOMMENDATION: The City Council should hold a public hearing and adopt a resolution for the purpose of approving the Police Chief's plan to use Supplemental Law Enforcement Services Funding(SLESF)allocated to the City of Burlingame. BACKGROUND: The State of California has awarded the City of Burlingame $100,000 in SLESF(Supplemental Law Enforcement Services Funding),or also referred to as COPS(Citizens Options for Public Safety)funding for this fiscal year(2008- 2009). In order to receive this funding,there must be a public hearing at a regularly scheduled city council meeting to review and approve the spending plan for the funds.The Chief of Police is responsible for developing the spending plan. The spending plan for consideration is the same as approved by the City Council in past years. The entire amount of the SLESF/COPS funding will be used to pay and maintain the salary and benefits of one(1)Burlingame Police Officer.This expenditure fulfills the mandate of Governor Schwarzenegger that COPS funds be used for police personnel costs. On a regularly scheduled City Council Meeting held on February 17,2009,this matter was introduced and the city clerk was directed to prepare a public notice for the hearing tonight. ATTACHMENTS: Resolution Public Hearing Notice RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE PLAN OF THE CHIEF OF POLICE FOR EXPENDITURE OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS(SELSF),ALSO REFERRED TO AS THE CITIZENS OPTIONS FOR PUBLIC SAFETY(COPS)FUNDS RESOLVED,by the CITY COUNCIL of the City of Burlingame,California that; WHEREAS, the State of California has established the Citizens Options for Public Safety (COPS) programs and appropriated money from the State general fund for certain public safety programs for the 2008-2009 fiscal year;and WHEREAS,the State has awarded the City$100,000 in COPS funding;and WHEREAS, the Chief of Police has proposed that this funding be used to maintain funding for one additional police officer position pursuant to the COPS funding guidelines;and WHEREAS,notice of this proposal and this public hearing has been published as required by law;and WHEREAS,the City Council has held a public hearing and received and considered testimony from all persons interested in the matter who appeared at the hearing, NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS: 1. The plan proposed by the Chief of Police to use the COPS funding for provision to maintain and fund one additional police officer is approved. 2. These funds will be used to supplement existing services as required by State law and shall not be used to supplant any existing funding for the Burlingame Police Department. MAYOR I,MARY ELLEN KEARNEYCity 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 2°d of March 2009,and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK NOTICE OF PUBLIC HEARING City of Burlingame NOTICE IS HEREBY GIVEN that the City Council of the City of Burlingame will hold a public hearing on March 2, 2009, at 7 p.m. in the City Council Chambers located at 501 Primrose Road, Burlingame, California to consider the plan of the Burlingame Chief of Police to use the grant funds from the Supplemental Law Enforcement Services Funding(SLESF), also referred to as (COPS)the Citizen Options for Public Safety(Government Code Section 30061 and following)to pay for the salary and benefits of a police officer in the City. The City Council will receive testimony on the proposed plan from all interested persons who appear at the Council meeting. To receive additional information about the proposed plan,or to provide written comments, interested persons may contact the City Clerk located at 501 Primrose Road, Burlingame, CA 94010,phone 650-558-7203. Agenda Item # 9a Meeting BURLINGAME STAFF REPORT Date: March 2, 2009 SUBMITTED APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: FEBRUARY 20, 2009 FROM: PUBLIC WORKS SUBJECT: UPDATE ON AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 AND RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR ARRA FUNDING AND STATING THE ASSURANCE TO COMPLETE THE PROJECT RECOMMENDATION: It is recommended that Council approve the attached resolution authorizing filing of an application to receive 2009 ARRA Grant funds (Federal Stimulus) for the Street Resurfacing Program. BACKGROUND: In anticipation of the passage of ARRA, also referred to as the Federal stimulus package, staff has been working with Caltrans, Metropolitan Transportation Commission (MTC), City/County Association of Governments (C/CAG), League of Cities, Local Roads and Streets (LSR) committee and Bay Area Flood Protection Agencies Association to develop list of qualified projects that can be awarded for construction within 90 to 180 days. Although, staff has submitted a list of projects worth over $29 million (see attachment), it is highly unlikely that many of these projects would receive federal stimulus due to the fact that large number of funding requests are being made from throughout the country and there is limited funding available as well as strict qualification criteria. In addition, staff continues to attend workshops given by the Regional Water Quality Control Board and other agencies to assess potential grants related to Clean Water Act projects. With the final passage of ARRA, the mechanisms to distribute grant funds for energy efficiency, environmental and flood protection projects is being developed at the Federal and State level. The mechanism to distribute grant funds for transportation projects is well ahead of the other programs because of the existing Federal Transportation Improvement Program (TIP) funding criteria in place. The Federal Government has authorized MTC to be the liaison agency for distribution of ARRA funds to the San Francisco Bay region. The distribution of funds is based on the existing formula used by the MTC to score projects and allocate funding. As a part of the application for ARRA funding, MTC requires a resolution be adopted by the responsible agency stating the following: • The ARRA funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the City from other funds and that the City does not expect any cost increases to be funded with additional ARRA or MTC programmed funds. • The City understands the funding deadlines associated with these funds and will comply with the applicable provisions and requirements of the Regional ARRA Program (MTC Resolution No. 3885) and Regional Project Funding Delivery Policy(MTC Resolution No.3606,as revised). • Project will be implemented as described in the complete application and in this resolution and, if approved,for the amount programmed in the MTC Federal TIP and • Project will comply with all the project-specific requirements as set forth in the ARRA and appropriate applicable regulations or guidance. DISCUSSION: The key criteria for receiving ARRA funds for the transportation program is that the project must be awarded within 90 days and if the City cannot award the project within that time, stimulus funds will be forfeited from it and given to other qualified projects in the region. In order for a project to be awarded, it must have an approved engineering design, contract specification, and environmental clearances as well as Caltrans approval. Staff has completed engineering design and specifications for resurfacing of Airport Boulevard and Trousdale Drive and has submitted these projects for ARRA grant. The engineer's estimate for the projects is $829,000. Approximately $529,000 is anticipated from the ARRA grant and the remaining $300,000 would come from Gas Tax and Measure A funds. If the grant amount is changed,the project scope may be adjusted to the match available funding. FISCAL IMPACT: None EXHIBITS: Stimulus project list, Map of Trousdale Drive and Airport Boulevard resurfacing projects,City Resolution and MTC Resolutions, I� Donald T.Chang Senior Civil Engineer SAA Public Works Directory\Staff Repor ARRA 09(2)Authorization.doc City of Burlingame Proposed Federal Economic Stimulus Projects Category Project Description Type of Project Project Cost Street right of way Airport Blvd. Street Resurfacing - AC overlay .9 Rehabilitation $ 800,000 miles from south of Anza Blvd. Trousdale Drive Resurfacing - AC overlay Rehabilitation $ 600,000 between Toledo Ave. and EI Camino Real Skyline Blvd Micro-surfacing - between City limits and Rollins Road between Broadway and Rehabilitation $ 300,000 Millbrae City limit Local Streets Project - local streets resurfacing improvements with handicap ramps and curb and Rehabilitation $ 1 ,200,000 gutter Sidewalk, Curb and Gutter and Handicap Rehabilitation $ 3,500,000 Ramp Proiect - Replace sidewalk and curb and gutter to eliminate drainage issues and hazrds. Green Streets Project - capture and treat storm Enhancement $ 300,000 water runoff in conjunction with traffic calming. Microsurfacing Project - maintain local streets Maintenance $ 300,000 to extend life of roadway Barroilhet Street Resurfacing - overlay roadway Rehabilitation $ 250,000 from EI Camino (State Highway) to City limits ......... ......... _ _ ...... ..._ ..._ _ _. ..._... .. .. .... ... .. ....... ... _ ...... ........ _ . .................. ..... .... _..........._ _ ........._ . ....._.... _ ......... . ...... ..... ....... ......_.. .... .... . ... ....... ....... . ....... . ......... _ ........_..... . Sub-total Streets $ 7,250,000 .......................................................................-......................... ......................................................................................................... ....................-............................. .......................................... .................................................................................................. ......................................................................................................... ................................................... .......................................... ........ ......... _ . ... .. ...._. _ _ ......... _ .... ... ... ...._ .. ............ ......._.... Marsten Outfall Pipeline - increase the capacity Flood Protection of the Easton Creek drainage system and reduce Upgrade $ 1 ,200,000 flooding at California Drive and Rollins Road Marsten Outfall Pump Station - increase the capacity of the Easton Creek drainage system Upgrade $ 4,800,000 and reduce flooding at California Drive and Rollins Road Sanchez Creek Box Culvert Repair - eliminate potential blockage of Sanchez Creek and flooding Rehabilitation $ 200,000 of several upstream streets Local Drainage Improvements - miscellaneous drainage improvements to eliminate localized Rehabilitation $ 700,000 flooding in the roadway Sub-total Flood Protection $ 6,900,000 s136773 Page 1 2/24/2009 City of Burlingame Proposed Federal Economic Stimulus Projects Category Project Description Type of Project Project Cost Solar Panel/Voltaic Project for Burlingame Waste Water Treatment Plant-the project Energy Efficiency would produce 20OKW of power for the use of the Enhancement $ 2,500,000 plant and reduce the power purchased through PG &E and significantly reducing the Green House Gas effects on the environment LED/Induction Streetlight Replacement Program -replacement of inefficient and obsolete streetlight poles, fixture, circuits, and lamp units with energy-saving Light Emitting Diode(LED)or Enhancement $ 1,000,000 Induction lighting units to improve electrical safety, and significantly reduce energy consumption and discharge of green house gases. Various Energy Improvements to City Government Buildings— the project will increase efficiciency of HVAC and lighting and Enhancement $ 2,500,000 provide photovoltaic systems in various City facilities _. . . _... _.._ _..... .. _ _.... Sub-total Energy Efficiency $ 6,000,000 . ......._ ... _ . .............. ............ Green Parking Lots-construct parking lot that Waste water&Miscellaneous will capture and treat stormwater runoff to reduce Enhancement $ 400,000 pollution. Burlingame Gate Village Water Main Replacement Prosect- replacement of old or Rehabilitation $ 1,340,000 failed watermains Stormwater Retention Basin— 1.5 million gallon stormwater retention basin to manage wet Enhancement $ 7,000,000 weather sanitary sewer flows to prevent environmental impacts to San Francisco Bay Sanitary Sewer Improvements -sewer main Rehabilitation $ 800,000 replacemnts of old and failed sanitary sewer mains at various locations throu hout the cit ............_ . ..___ ........ ................._ _ ......... ......... ..._.... ......... ........ ........._ _ _ _. ... .._ ...... _ .... . _ . .. ........................... ......... .... _ ........_ _ _ _............_. _.... _ ... _._.._ .._. _ _ ................ .......... . ......_ _ ._..._ .._.. ........ _ _... _ Waste Water&Miscellaneous Sub-total $ 9,540,000 Total of all projects $ 29,690,000 s136773 Page 2 2/24/2009 r p b Fral Stimulus Grant de e Street Resurfacing Program y SAN FRANCISCO BAY 71 (J . Oz f r. 51 TUwnrn'luLLSBVI GII o� 2009 FEDERAL GRANT STREET F " RESURFACING PROGRAM - PROGRAM STREETS 1z �� RESOLUTION NO. RESOLUTION OF LOCAL SUPPORT AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS,the City of Burlingame(herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission(MTC)for approximately$529,000 in funding from the federal American Recovery and Reinvestment Act of 2009(ARRA)for the Federal ARRA Grant Street Resurfacing Program 2009 (herein referred as PROJECT)for the MTC Regional ARRA Program(MTC Resolution No. 3885)(herein referred as PROGRAM); and WHEREAS,pursuant to ARRA, and any regulations and/or guidance promulgated thereunder, eligible project sponsors wishing to receive Regional ARRA funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization(MPO), for review and inclusion in the MPO's Transportation Improvement Program(TIP); and WHEREAS,the Metropolitan Transportation Commission(MTC) is the MPO for the nine counties of the San Francisco Bay region; and WHEREAS,MTC has adopted a Regional Project Funding Delivery Policy(MTC Resolution No. 3606,revised applicable to federal ARRA fund delivery and has adopted(or is scheduled to adopt)in MTC Resolution No. 3885 such additional requirements as are necessary or appropriate to meet the obligations/award deadlines in the ARRA; and WHEREAS,APPLICANT is an eligible project sponsor for ARRA funds; and WHEREAS, as part of the application for ARRA funding,MTC requires a resolution adopted by the responsible implementing agency stating the following: 1) that the sponsor understands that the ARRA funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional ARRA or other MTC- programmed funds; and 2) that PROJECT will comply with the procedures specified in MTC's Regional Project Funding Delivery Policy(MTC Resolution No. 3606,revised)and with all project-specific requirements as set forth in MTC's Regional ARRA Program(MTC Resolution No. 3885); and PROJECT as described in the application, and if approved, as included in MTC's TIP; and 3) that PROJECT will comply with all the project-specific requirements as set forth in the federal ARRA and appropriate applicable regulations or guidance. NOW,THEREFORE,BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding under the American Recovery and Reinvestment Act of 2009 for the PROJECT; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1) APPLICANT understands that the ARRA funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional ARRA or MTC-programmed funds; and 2) APPLICANT understands the funding deadlines associated with these funds and will comply with the applicable provisions and requirements of the Regional ARRA Program(MTC Resolution No. 3885)and Regional Project Funding Delivery Policy(MTC Resolution No. 3606,as revised); and 3) PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 4) PROJECT will comply with all the project-specific requirements as set forth in the ARRA and appropriate applicable regulations or guidance; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for ARRA funding for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. Ann Keighran, Mayor I,MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 2nd day of March, 2009, and was adopted thereafter by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk Date: February 25, 2009 W.I.: 1512 Referred by: PAC ABSTRACT Resolution No. 3885 This resolution adopts the policy and programming for the American Recovery and Reinvestment Act (ARRA) Program. The policy contains the project categories that are to be funded with FY 2008-09 ARRA program funds for inclusion in the 2009 Transportation Improvement Program (TIP). The resolution includes the following attachments: Attachment A - American Recovery and Reinvestment Act Policy and Programming Attachment B - Tier 1 Programming Attachment C - Tier 2 Programming Attachment D - Advocacy Priorities for Non-Formula ARRA Categories Further discussion of the American Recovery and Reinvestment Act Program is contained in the MTC Executive Director's Memorandum to the Programming and Allocations Committee dated February 11, 2009 and the Deputy Executive Director Memorandum to the Commission dated February 25, 2009. Date: February 25, 2009 W.I.: 1512 Referred By: PAC RE: American Recovery and Reinvestment Act: Policies and Programming METROPOLITAN TRANSPORTATION COMMISSION RESOLUTION NO. 3885 WHEREAS, the Metropolitan Transportation Commission (MTC) is.the regional transportation planning agency for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and WHEREAS, MTC is the designated Metropolitan Planning Organization for the nine- county San Francisco Bay Area region (the region) and is required to prepare and endorse a Transportation Improvement Program (TIP) which includes a list of American Recovery and Reinvestment Act of 2009 (ARRA) funded projects; and WHEREAS, MTC developed and endorsed a set of Economic Recovery Principles in December 2008; and WHEREAS, MTC took into consideration the Economic Recovery Principles, Transportation 2030 policies, and investment decisions going into Transportation 2035 to develop a proposed set of projects and program investment areas to be funded with American Recovery and Reinvestment Act Funds, as set forth in Attachment A of this Resolution, incorporated herein as though set forth at length; WHEREAS, MTC is mindful of the timely use of funds established 7n the ARRA and has included in Attachment A regional delivery deadlines in advance of the federal deadlines and provisions to quickly redirect any funds from projects not meeting the deadlines to ensure that no funds are lost to the region; and WHEREAS, using the principles and procedures and criteria set forth in Attachment A of this Resolution, MTC, in cooperation with the Bay Area Partnership, developed a program of projects to be funded with federal Surface Transportation Program and Federal Transit Administration formula funds in the ARRA for inclusion in the federal Transportation Improvement Program (TIP); and MTC Resolution No. 3885 Page 2 WHEREAS,MTC has identified a set of Tier 1 projects for amendment into the Transportation Improvement Program (TIP), as set forth in Attachment B of this Resolution, incorporated herein as though set forth at length; and WHEREAS the 2009 TIP will be subject to public review and comment; and WHEREAS,MTC has identified a set of Tier 2 projects that still need to meet policy and funding agreements set forth in Attachment A as well as a contingency list of projects that could use ARRA funds if projects identified in Attachment B are not able to proceed, as set forth in Attachment C of this Resolution, incorporated herein as though set forth at length; and WHEREAS,MTC has identified additional Bay Area transportation projects to support in advocacy efforts for non-Bay Area formula transportation funding programs in the ARRA set forth in Attachment D, incorporated herein as though set forth at length;now therefore be it RESOLVED that MTC approves the policies,programming, and advocacy efforts for the American Recovery and Reinvestment Act, as set forth in Attachments A,B, C, and D of this Resolution; and be it further RESOLVED that projects in Attachment B will be amended into in the 2009 TIP, subject to the final federal approval of the amendment; and be it further RESOLVED that the Executive Director shall forward a copy of this resolution, and such other information as may be required,to the Governor, Caltrans,Federal Transit Administration, and Federal Highway Administration, and to other such agencies as may be appropriate. METROPOLITAN TRANSPORTATION COMMISSION Scott Haggerty, Chair The above resolution was entered into by the Metropolitan Transportation Commission at the regular meeting of the Commission held in Oakland, California, on February 25, 2009 Date: October 22, 2003 W.I.: 1512 Referred by: PAC Revised: 04/26/06-C ABSTRACT Resolution No. 3606, Revised This Resolution establishes the regional policy for project delivery for the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA)period and subsequent extensions, for Surface Transportation Program (STP) and Congestion Management and Air Quality Improvement (CMAQ) funds. This resolution was revised on April 26, 2006 to reflect changes in Caltrans procedures and federal regulations. Further discussion of this action is contained in MTC Executive Director's Memorandums to the MTC Programming and Allocations Committee dated October 8, 2003, and April 12, 2006 Date: October 22, 2003 W.I.: 1512 Referred by: PAC Re: Regional Project Delivery Policy for TEA-21 Reauthorization for STP and CMAQ Funds METROPOLITAN TRANSPORTATION COMMISSION RESOLUTION NO. 3606 WHEREAS,the Metropolitan Transportation Commission(MTC) is the regional transportation planning agency(RTPA) for the San Francisco Bay Area pursuant to Government Code § 66500 et sem.; and WHEREAS, MTC is the designated Metropolitan Planning Organization(MPO) for the nine-county San Francisco Bay Area Region(the region); and WHEREAS, MTC, as the designated RTPA and MPO for the region, is responsible for programming and managing certain federal and state funding provided to the San Francisco Bay Area for transportation purposes; and WHEREAS, Assembly Bill 1012 (Chapter 783, Statutes of 1999 - Torlakson) established stringent timely use of funds deadlines for projects receiving federal Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement (CMAQ)program funding; and WHEREAS, Section 16304 of the California Government Code requires that federal funds obligated to a project must be encumbered within two state fiscal years following the year of obligation, and requires that these funds be liquidated (expended, invoiced and reimbursed) within three state fiscal years following the state fiscal year of encumbrance; and WHEREAS, the region could lose STP and CMAQ funding if projects within the region do not adhere to the timely use of funds requirements under AB 1012 and Section 16304 of the California Government Code; and WHEREAS, the region has used all of its federal Obligation Authority (OA) under TEA- 21 and has over 125 projects totaling approximately $100 million waiting for additional OA; and MTC Resolution No. 3606 Page 2 WHEREAS, Attachment A to this resolution, attached hereto and incorporated herein as though set forth at length, establishes the policy for managing the region's OA and enforcing the region's delivery of STP and CMAQ funding; now, therefore, be it RESOLVED, that MTC approves the Regional Project Delivery Policy for TEA-21 Reauthorization for STP and CMAQ funds set forth in Attachment A to this resolution. METROPOLITAN TRANSPORTATION COMMISSION Steve Kinsey, Chair The above resolution was entered into by the Metropolitan Transportation Commission at a regular meeting of the Commission held in Oakland, California, on October 22, 2003 A CITY o� STAFF REPORT BLIM INGAME AGENDA _ ITEM# 9b q oe MTG. �R°ogA�� b'9 DATE March 2,2009 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY Jack Van Etten Chief of Pje DATE: January 13,2009 APPROVED FROM: Dean Williams,Police Seraeant By Jim Nantell Ci Mana SUBJECT: Introduce a resolution authorizing a rate increase for police generated towing services provided by the City of Burlingame's two rotational tow companies. RECOMMENDATION• Staff recommends that the City Council adopt a resolution authorizing D&M Towing and Tresser's Towing Services to increase their towing fees to the rates listed below. The remaining fees listed in our current and updated"Rotation Tow Truck Regulation"document shall remain the same. Service Old Rate New Rate Tow Fee $160.00 $200.00 Storage Fee(daily) $45.00 $70.00 After Hours Gate Fee $40.00 $100.00 Use of forklift Fee $40.00 $50.00 DISCUSSION: For the past several years, D&M Towing and Tresser's Towing have provided emergency towing services on a rotational basis, for the Burlingame Police Department. Both tow companies are required to respond to calls for service from the police department within specified time frames. The City of Burlingame regulates the fees that the tow companies may charge for these calls for service. In 2005, the Burlingame City Council last approved the rates currently charged by our city's rotational tow companies. Since that time, neither company has requested an increase in the rates that they charge. In August 2008,the owners of both D&M Towing and Tresser's Towing co-authored a letter requesting a fee increase for service(s)provided. The companies cited numerous factors that compelled them to make this request which include, but are not limited to: substantial increases in the rent of storage lots, costs relating to minimum wages, insurance and general overhead associated with their businesses. Staff conducted a survey of neighboring cities' maximum charges for the same police rotational towing services and has determined that the request increase is reasonable, as demonstrated by the chart below. city Rotation Tow Fee Rotation Storage Fee Rotation After Hours Gate Fee City of Pacifica $250.00 $80.00 $125.00 City of San Mateo $185.00 $55.00 $85.00 City of Foster City $ 180.00 $60.00 $85.00 City of San Bruno $209.00 $67.00 $80.00-$105.00 City of Daly Ci $200.00 $65.00 $100.00 City of South San Francisco $190.00 $60.00 $75.00 City of Brisbane $209.00 $70.00 do not regulate gate fee California Highway Patrol $209.00 $70.00 do not regulate gate fee Median of Surveyed Cities $204.50 $66.00 $85.00 Average of Surveyed Cities $204.00 $65.88 $94.00 NEW RATES REQUESTED $200.00 $70.00 $100.00 Therefore, staff is making the recommendation that the City Council adopt a resolution approving the rate increase as presented above. Our city's rotational tow company's request is reasonable and within an acceptable range in relation to other authorized rates in San Mateo County. EXHIBITS: 1 . Resolution authorizing D&M Towing and Tresser's Towing to increase their fees to the rates listed. 2. Exhibit A - Copy of the 2009 Rotation Tow Truck Regulations establishing the new tow rates/fees that may be charged. 3. Copy of the Tow Companies letter requesting proposed increase(s). BUDGET IMPACT: There is no fiscal impact to the city. RESOLUTION NO. RESOLUTION OF THE CITY COUNCILOF THE CITY OF BURLINGAME AMENDING THE BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS AND APPROVING INCREASED RATES FOR CHARGES BY TOWING COMPANIES ON THE POLICE DEPARTMENT ROTATION TOW LIST WHEREAS,the Burlingame Police Department employs a rotation list of qualified towing businesses to remove abandoned or disabled vehicles from public streets and rights-of-way in the City; and WHEREAS,the City of Burlingame requires that towing businesses placed on the Burlingame Police Department's rotation tow list comply with certain qualifications and requirements contained in the Department's"Rotation Tow Truck Regulations", approved by the City Council and amended from time to time; and WHEREAS, D&M Towing and Tressers Towing have requested that the City allow increased charges for towing and storage consistent with nearby agencies; and WHEREAS, a survey of other public agencies in San Mateo County shows that the Burlingame Police Department's proposed rates and charges are consistent with those of other agencies; and WHEREAS,the Burlingame Police Department Rotation Tow Truck Regulations require amendment to ensure consistency of language, compliance with law and to change maximum rates and charges which can be charged by towing compnaies on the Police Department's rotation tow list. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The following rates are approved as the maximum charges which towing companies on the Burlingame Police Department rotation list may charge for police generated towing services: Description of Service Maximum Rate a) Towing disabled vehicle $200.00 b) Towing abandoned vehicle $200.00 Description of Service (cont'd) Maximum Rate c) Storing towed vehicle $70.00 per day (storage for each 24-hour period or fraction thereof after first 8 hours) d)Use of dolly $30.00 e) Use of forklift to remove from storage $50.00 f) Towing heavy vehicle Class B Truck $300.00 Class C Truck $375.00 Class D Truck $400.00 g) Storing heavy vehicle $70.00 (storage for each 24-hour period or fraction thereof after first 8 hours) h) Storing heavy vehicle in excess of 20 feet, $75.00 per every 20 feet (as alternative to, not in addition to, flat rate) (storage for each 24-hour period or fraction thereof after first 8 hours) i) Gate fee $100.00 2. The Burlingame Police Department Rotation Tow Truck Regulations as amended(attached hereto and incorporated herein as Exhibit"A"), are approved. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of ,2009,and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:NONE Mary Ellen Kearney, City Clerk Burlingame Police Department Exhibit A, Rotation Tow Truck Regulations • , • 2009 v BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS(RTTR) A. OBJECTIVE: To provide 24 hour service through the Burlingame Police Department("BPD")to the public in the event of mechanical defect,disability of the driver,or the removal of vehicle(s)due to traffic collision on the streets that are under the jurisdiction of the Burlingame Police Department.The maximum fees that those tow truck companies who wish to be placed on the Burlingame Police Department Rotation List,may charge for these towing services are set by Resolution of the Burlingame City Council. B. POLICY: 1. Tow Services under these Regulations shall be operated on a rotation basis within the geographic boundary of the City of Burlingame. 2. Burlingame Police Department will establish one(1)rotation list.All accident,impounds, abandoned,and traffic hazard vehicles will be entered on this list. 3. All Burlingame Police Department requests("call",herein)for tow services,with the exception of AAA,National Automobile Club,Allstate,and State Farm or at owner's request,will be given to the company at the top of the rotation list.Any tow company which either fails to respond to the call within a reasonable time or refuses to respond to a call,will be rotated as if they had received and processed the call.That call will then go to the next company on the rotation list. 4. All tow companies on the rotation list will make available for inspection by BPD,the California Highway Patrol annual inspection form for each tow vehicle used within the City of Burlingame.All tow trucks and equipment shall be maintained in good working order and may be,but is not required to be,inspected by BPD personnel. S. All tow companies on the rotation list will immediately make written notification to the BPD of any change of ownership,change of address of the business and/or facilities or any other change in status. 6. The owner of the tow company shall immediately notify the Chief of Police when a party or parties,not originally listed on the sale of the business,is added as an owner or partner in the tow business.When the business is sold to a new owner,authorization for the towing on the rotation list is automatically canceled.A new application must be submitted for review by the Chief of Police. 7. The Communications Division of the BPD will keep a daily log of rotation lists and all tow calls;both logs will be made available to the tow companies on the rotation lists. C. GENERAL REQUIREMENTS AND CONDITIONS: 1. All tow companies on the BPD rotation list will provide 24-hour tow service,seven days a week,within the city limits of the City of Burlingame.It shall be the owner's responsibility to immediately notify the BPD if,at any time,they are unable to provide such services or any portion thereof. 2 1 have read and understand the RTTR:Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) 2. 24-hours telephone numbers are required of tow companies.An answering service may be used but it shall be the responsibility of the tow company owner to see that such answering service complies with all regulations set forth herein. 3. All tow companies maintain current liability insurance in the amounts and types required herein.All tow companies shall provide BPD evidence of such insurance in the form of s certificate of insurance. Required insurance shall include coverage which protects disabled vehicles while being towed and vehicles while being stored. Policy expiration dates and notice of cancellation shall also be provided upon request to BPD. Insurance shall be as follows: a. Commercial general liability insurance, including bodily injury, personal injury, and property damage with combined single limit of no less than one million dollars($1,000,000.) combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Automobile liability insurance policy ensuring tow company and tow company's personnel to an amount not less than one million dollars ($1,000,000.) combined single limit per occurrence for bodily injury, per accident for bodily injury and property damage. c. On-hook coverage, insuring the vehicle in tow with limits of not less than $100,000. d. Garage liability, including premises and operations, for bodily injury and property damage with a combined single limit of not less than $1,000,000. e. Garage Keepers liability of not less than$500,000. f. In addition to these policies, each tow company shall have and maintain Workers'Compensation insurance as required by California law and shall provide evidence of such policy to the Burlingame Police Department. 4. In order to be eligible to be placed on the BPD rotation list, a tow company shall have a minimum of three (3)continuous and verifiable years of"for-hire" towing experience. Experience will be investigated, evaluated and determined by the BPD. 5. Tow Companies not placed on the police tow list, shall be advised that non-acceptance by the BPD does not preclude their operation as a tow service, provided that such companies comply with all applicable, local, state and federal rules, regulations and laws. 6. No tow company or tow company officer or employee shall conspire, attempt to conspire, or commit any action of collusion with any other tow company for the purpose 3 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) of secretly,or otherwise, establishing an understanding regarding the rotation or handling of calls that would interfere with or prejudice the operation of the rotation list. 7. Upon ten day prior mailed notice, BPD may conduct quarterly meetings to discuss issues regarding tow rotation. Any such meeting is mandatory for the tow company to attend through an authorized representative. Failure to attend shall be grounds for suspension from the BPD rotation tow list. 8. No tow company shall display any language or engage in any representation or advertisement indicating an official or unofficial connection with BPD or the City of Burlingame. 9. Each tow company warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity.Tow company does not and shall not discriminate against persons employed or seeking employment on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion or medical condition, unless based on a bona fide occupational qualification pursuant to the California Fair Employment& Housing Act. In performing services under this Agreement, no tow company nor any company officer or employee shall discriminate against any person on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion or medical condition, unless based upon a bona fide safety limitation founded on manufacturer, Consumer Product Safety, and Department of Justice guidelines. D. FACILITIES: 1. Any tow company on the rotation list must maintain a physical place of business ("site') within the City of Burlingame city limits. Each tow company shall provide BPD with evidence that it has the right to enter and use said site for its towing service (e.g., deed, lease, rental agreement, etc.). Each tow company's site must include adequate storage area that is fenced, locked, and well-lighted. Location of these storage areas must have the approval of the BPD. At the time that a tow company requests approval of BPD, the tow company shall provide written evidence that the property use will be in conformance with Chapter 25 (Zoning Code) of the Burlingame Municipal Code. (Tow operators storing Heavy Vehicles may have an alternate location for the storage of Heavy Vehicles only. Requests to store Heavy Vehicles outside the City of Burlingame must be submitted to the Chief of Police in writing, prior to being accepted on the tow rotation list. All out-of-city facilities for Heavy Vehicles are subject to the rules, regulations, and requirements of these tow truck regulations.) 4 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) 2. The premises of each tow company shall be equipped with signs and/or markings, visible day or night, clearly stating the name of the tow company, the address of business, and an operational 24-hour telephone number. . E. TOW TRUCKS: 1. Each tow company's tow trucks shall be clearly marked with the name of the tow company, the address of the business, and an operational 24-hour telephone number. The lettering shall be a minimum of two and one half (2-1/2) inches in height, and the signs shall be placed on both the right and left front doors of all tow vehicles. 2. A tow company shall equip and maintain at least three (3)tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and in a manner consistent with industry standards and practices. In particular: a. All tow trucks shall have recovery capabilities, wheel-lift capabilities, and a boom meeting the specifications contained in these regulations. Class D tow trucks used exclusively for salvage and recovery operations are not required to possess underlift capabilities. b. A tow company that has a car carrier is exempted for the recovery, wheel lift„ and boom capability requirements. However, the car carrier must have an additional unit. c. Wheel-lift-only trucks may be used in lieu of a boom truck to expedite towing when use of a boom truck would delay or make the tow more dangerous or difficult. However, tow companies shall have a boom truck as part of their designated two truck fleet, and it must be immediately available in the event a wheel-lift-only truck is not adequate for the tow. F. TOW COMPANY PERSONNEL: Tow companies shall conduct their towing service business in conformance with the best management and operational practices of the towing industry and shall conform to accepted ethical business practices. Owners, operators, drivers and employees shall be of good character and shall provide prompt, efficient, and courteous services to all concerned. Tow truck drivers and operators shall be employees, not volunteers or independent contractors, of the tow companies that dispatch the driver. 1. Tow truck company owners, operators and their drivers shall demonstrate sufficient knowledge of tow car operation to insure safe and proper discharge of their service responsibilities. 5 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) a. Operators and drivers shall possess a proper class of California Drivers license in accordance with Section 12520 of the California Vehicle Code endorsed to allow operation of special vehicle configurations and special cargoes. b. Operators and drivers shall possess a current, permanent California Drivers License which has not expired, and which has not been either suspended or revoked. c. Operators and drivers shall have knowledge of streets and primary locations within the City of Burlingame. d. Tow truck drivers and operators shall be at least eighteen (18)years of age. 2. Tow companies shall provide and maintain a current list of its officers and drivers with BPD. The list shall be updated within seven (7) days of any change and shall be completely updated and renewed annually. Each tow company officer and each tow company driver shall complete and timely file the information required by BPD before undertaking any tow services related to the rotation list. Each driver and officer shall submit to fingerprinting by BPD, and BPD will check criminal background of the driver or officer before said officer or driver may render services in connection with the rotation list. The submittal of false information to BPD regarding a driver is grounds for refusal to authorize the driver to provide services related to the rotation list. The submittal of false information to BPD regarding an officer is grounds for refusal to authorize or continue to authorize the tow company to participate on the rotation list. 3. Each tow company shall enroll its drivers in the Pull Notice Program of the Department of Motor Vehicles. Pull notices shall be kept on file, initialed, and dated by the tow company. 4. While involved in operations and related business dealings with the public and BPD, tow company personnel shall not engage in any acts of misconduct, including but not limited to: a. Rude or discourteous behavior. b. Failure to provide service, selective service, or refusal to provide service that the tow company is capable of performing. c. Any act of sexual harassment or sexual impropriety. d. Unsafe driving practices. e. Exhibiting any objective symptoms of operating a vehicle or equipment while under the influence of alcohol or illegal drugs. 6 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) f. Appearing at the scene of a rotation list tow call with the odor of an alcoholic beverage emitting from the person's breath. The employee shall submit to a preliminary alcohol screening test upon demand of a BPD officer. S. No officer, driver or employee of any tow company shall be allowed to participate in any call or business activity related to the rotation tow list if the officer, driver or employee has been convicted of any of the following within the previous five (5)years: a. A crime of violence or a crime of moral turpitude, including theft or embezzlement of property. b. Felony driving while under the influence of alcohol and/or a drug 6. No officer, driver or employee of any tow company shall be allowed to participate in any call or business activity related to the rotation tow list if the officer, driver or employee is a registered sex offender, is a registered arsonist, or has been convicted of any of the following at any time: a. Theft or embezzlement of a vehicle or parts of a vehicle b. Burglary, embezzlement or grand theft. c. Alteration or removal of a vehicle identification number. d. Fraud involving a vehicle. G. RESPONSE REQUIREMENTS AND PROHIBITIONS: 1. Prompt and lawful response to calls shall be provided during daytime within ten (10) and no more than fifteen (15) minutes; and, during nighttime (6:00 pm until 7:00 am) within fifteen (15) and no more than twenty(20) minutes. 2. Strict observance of Section 22513 of California Vehicle Code and County Ordinance Code Chapter 7.64 regulating tow cars is required. 3. Requests by drivers or owners of disabled vehicles for specific tow service shall be honored by BPD except when such a situation exists that it is not practical to honor a specific request, in which instance the next in line tow service on the police rotation list shall be called. 4. If more than one (1) vehicle is involved in an accident, the company that is called from the rotation list will handle all of the vehicles involved (except as noted under Item #11) or except when the investigating officer and/or the officer's superior(s) shall deem it necessary to call for additional tow services to aid in prompt removal of disabled vehicles and/or clearing of roadways and/or elimination of hazardous situations; this 7 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) shall be at the sole discretion of the investigating officer and/or the officer's superior(s) at which time the next company on the rotation list shall be called. S. Tow drivers are responsible for promptly sweeping and removing debris at the accident scene. 6. Any tow truck on the rotation list responding to any accident within the jurisdiction of the City of Burlingame without being called to the scene of the accident by a Burlingame Police Department dispatcher will be subject to Subsection K (Failure to Obey). 7. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck may be cause for a tow company's immediate suspension from the rotation to list. This includes exceeding the tow truck's GVWR,front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck's unladen front axle weight on the front axle when towing B. If towing and/or recovery has begun and is canceled by the vehicle's owner or agent, the tow company may charge one-half of the regular hourly service fee for the time expended on the call. (Drop fee) For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the tow company has presented a written statement to the vehicle's owner or agent for the signed authorization of services to be performed. The tow company shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently canceled, when not entitled to such a lien by law. Civil Code section 3068.1 establishes when a lien begins. 9. All claim(s) of overcharging by a tow company on the rotation tow list will be reviewed and investigated by BPD. Notice of such claim shall be given to the tow company owner who shall be given seven calendar days to respond. If the claim of overcharging is substantiated by BPD, the responsible tow company will be subject to Subsection K (Failure to Obey). BPD's decision will be final. 10. AAA, NAC, STATE FARM, and ALLSTATE tow trucks will not be charged for next in line if a member of those tow service providers is involved in an accident, or is in need of service. This BPD'S rotation tow list. 11. Tow truck operators, drivers or employees shall not stop at a scene of an accident unless they have been summoned to render assistance. Tow truck operators, drivers or employees shall notify the BPD dispatcher of the situation.The dispatcher will then send the next in line rotation tow, or if applicable, to AAA, NAC, STATE FARM, or ALLSTATE tow service in the City's jurisdiction. 12. Tow company owners, drivers, employees or operators shall not telephone or personally come to BPD to check with the dispatcher to find out their position on the 8 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) rotation tow list. Complaints regarding tow operations shall be directed to the Director of Traffic of the BPD. 13. When towing from private property, tow company operators, owners, drivers or employees shall advise the BPD dispatcher of the towed vehicles' description, license number the VIN, and the location from which the vehicle was towed, , within thirty (30) minutes of initiating the tow, or as soon as practicable thereafter. H. STORAGE AND RELEASE: 1. The tow companies on the BPD rotation tow list shall provide a receipt with a copy placed in the stored vehicle and a copy to BPD whenever any item is removed from a stored vehicle for whatever reason. The receipt shall clearly identify the items(s) and the location where they were taken and for what purpose. 2. All stored vehicles shall be released to their owners or representatives within thirty (30) minutes, 24 hours a day. All personal property within the vehicle shall be given to the owner or owner's authorized representative upon request regardless of the stored and/or held status of the vehicle, with the EXCEPTION OF IMPOUND vehicles. This can be ascertained by checking the BPD Impound Form. If the IMPOUND box is checked, then tow company owners, operators, drivers or employees SHALL NOT RELEASE the vehicle or its contents, but shall advise the owner or owner's representative to obtain a release from BPD in order to secure release of the vehicle. 3. Any tow operator with a business office which is in a different location than its storage yard shall allow all persons the opportunity to pay fees owed at the storage yard within the city limits. No person shall be made to leave the city to pay fees due, and then return to the city to retrieve the person's vehicle. Any person who retrieves the person's vehicle directly from a storage yard will be provided with a copy of the tow fee schedule, along with all other required documentation. I. RECORDS: 1. Records shall be maintained by each tow company of all tow services furnished under the BPD Rotation tow List. Such records shall include, but are not limited to: description of vehicle towed, nature of tow services, time and location of call. A statement of services provided and fee for same shall be furnished to the motorist. 2. Tow records maintained by BPD can be reviewed upon notice and during regular business hours, by tow company owners with the permission of any of the following: the Chief of Police, Operations Division Commander, or Director of Traffic of BPD. 3. All tow companies on the BPD rotation tow list shall retain the records of stored vehicles and notices as required by California Vehicle Code and Civil Code, in particular Vehicle 9 1 have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) Code Sections 10650,10652, 10652.5, 10653, and 22851 and Civil Code Sections 3071, 3072, and 3073 . 4. All tow companies shall furnish the Chief of Police a copy of the form that the tow company is required to furnish the Department of Justice by registered mail of the storage of vehicles over thirty(30) days. 5. All tow companies shall retain and maintain all of the records required to be retained and maintained under the provisions of this policy for a minimum of three (3) years following the date of service.All tow companies shall make all of the records required to be retained and maintained under the provisions of this policy available for inspection by BPD at any time. J. FEE SCHEDULE: 1. Towing of a disabled vehicle from the scene of an accident at any time of day or night..............$200.00. This Fee shall include: a. The use of a winch, torches or hydraulic jacks to right, separate, or pull vehicles at the scene of an accident. b. Disconnection and re-connection of drive shaft when required in towing. c. The use of a Wheel Lift. 2. Towing of an unattended vehicle from a public street, or an abated vehicle when authorized by a police officer or other authorized employee; i.e.,tow-away zones,traffic hazard, arrests........................................................................................................ $200.00 These charges shall include any charge for unlocking a vehicle when necessary. 3. Use of dolly or Flat Bed in lieu of dolly.....................................................................$ 30.00 In order to be entitled to payment for dolly use, the need for use of the dolly must be documented on Form CHP 180 and initialed by the tow driver and a BPD police officer at the scene. The tow driver is responsible for obtaining an officer's initials. If a flat bed is used in lieu of a dolly, this must also be documented by a BPD officer and tow driver at the scene. An officer's initials are not required if the tow is not subject to the rotation tow list. It is the tow driver's responsibility to clearly articulate to the officer at the scene, the reason for using the flat bed as a substitute for dollies. Use of a flat bed alone does not justify an additional fee. Only the use of a flat bed in a dolly situation justifies the additional fee. 4. Extraordinary Services When, in connection with towing services, a tow company engaged in towing services under the BPD rotation tow list and these rules and regulations, incurs expenses or furnishes services that have not been provided for, and they appear to be reasonably 10 I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) necessary under the circumstances, (s)he may submit written application for approval of higher fees to the Director of Traffic, with a copy to the vehicle owner. The vehicle owner shall have seven (7) calendar days to respond in writing to the Director of Traffic regarding the increased fee request. The Director of Traffic shall then issue a final decision. S. Storage for each twenty-four (24) hour period or fraction thereof in excess of the first four (4) hours following towing to a place of storage. Enclosed or open storage ..................................................................................... $ 70.00 6. Exception for Heavy Vehicles For services or materials furnished in towing or storing vehicles over one ton load capacity, and based on difficulty and equipment required, the following rates and fees shall apply: a. Class B Truck $300.00 b. Class C Truck $375.00 c. Class D Truck $400.00 d. Storage for Heavy Vehicles $60.00 (Subject to same rules as standard vehicle) e. For Heavy Vehicles in excess of 20' the tow operator may charge $75.00 per 20 feet, in lieu of but not additional to flat rate. 7. Use of forklift to remove vehicles from storage.........................................................$50.00 8. Gate fee ........................................................................................................$ 100.00 A Gate Fee may be charged to a vehicle owner or his authorized agent, by the storing tow company, for providing after-hours access to the storage yard for purposes of release of vehicle or other access, such as for retrieval of personal items or appraisal. "After hours" for purposes of the gate fee means between 5 p.m. and 8 a.m. on Mondays through Fridays, and any time on Saturdays, Sundays, and holidays. Holidays are January 1, the third Monday in January; the third Monday in February, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, the fourth Thursday in November, and December 25. 9. A copy of this fee schedule shall be prominently posted in the public area of the principal place of business of each person in the tow business that is on the BPD rotation tow List so as to be easily read by members of the public. 11 I have read and understand the RTTR: Initials BURLINGAME POLICE DEPARTMENT ROTATION TOW TRUCK REGULATIONS (RTTR) K. FAILURE TO OBEY: 1. Failure to obey the requirements, conditions, or fees specified within these regulations or the amendments thereto shall result in the following penalties: a. 1st offense within a calendar year, removal from rotation for 30 days. b. 2nd offense within (1) one year of the first offense, removal from rotation for 90 days. c. 3rd offense occurring within (1) one year of the first offense, removal from the rotation list. Business may reapply for placement on the rotation list after 12 months from date of suspension. 2. Notwithstanding the suspensions specified above, if the BPD determines that a tow company has violated (B) above, the tow company shall be suspended from the rotation list for a period of three (3) years, at which time the tow company may apply for reinstatement. 3. A suspended tow company and its owners shall not be eligible for placement on the rotation list for the duration of the suspension. This provision applies to an owner working in any capacity within any tow company, and as to a tow company, even if operated under new owners. 4. In the event that the BPD determines that disciplinary action is appropriate, the Department shall provide notice of the proposed discipline to the tow company owner. The tow company owner may request a hearing within seven (7) calendar days by submitting a request in writing to the Chief of Police. The hearing shall be conducted by the Chief of Police or the Chief's designee. The tow company shall be entitled to present evidence in support of the tow company's position. The Chief of Police or the Chief's designee shall notify the tow company of the decision on the appeal within ten (10) days of the completion of the hearing. The decision of the Chief of Police or the Chief's designee shall be final and conclusive on the tow company. 12 1 have read and understand the RTTR: Initials TOWING INC . 1457 Rollins Road Burlingame, CA. 94010 Phone: (650) 348-7474 Fax: (650) 348-2401 August 28, 2008 TO: Sergeant Dean Williams Burlingame Police Department 1111 Trousedale Drive Burlingame, CA 94010 RE: Burlingame Police Department Rate Increase Proposal Please allow this letter to serve as an application on behalf of D&M Towing, Inc. and Tresser's Towing to the City of Burlingame and the Burlingame Police Department for an adjustment of vehicle towing and storage rates that were last adjusted in 2005. This application for a request in increases in towing and storage rates is due to the following state of affairs: 1. Lack of vehicle storage space in Burlingame has lead to dramatic increases in storage lot rental costs. D&M has incurred a 14% increase and Tresser's Towing has incurred an 122% increase since the year 2005. 2. Overhead costs have increased, particularly the rising cost of fuel. Currently it is costing our companies an average of$5.00 a gallon for diesel fuel. From. 2005 to 2007 diesel fuel has increased 6.6%, and from 2007 until present, diesel fuel has increased 51.0%. (www.eia.doe.gov/step) 3 . D&M Towing, Inc. and Tresser's Towing seek to bring the vehicle towing and storage rates for the City of Burlingame more closely in line with customary and usual rates charged within the surrounding communities along with those charged in connection with the California Highway Patrol for authorized vehicle impounds, towing and storage. The surrounding cities (which include Millbrae, San Mateo, Hillsborough, Foster City, San Bruno, San Carlos, Belmont, Colma, as well as both the San Francisco and Redwood City Division of the California Highway Patrol) have the following average of towing, storage, and other fees: [Depiction of Average cost] Tow = $215.00 Storage = $70.00 Gate Fee = $100.00 Drop Fee = $ 105.00 Proposed New Fee Schedule: 1 . Towing of a disabled vehicle from the scene of an accident, day or night $200.00 (Chargeable hourly rate, min. I hour) This fee includes: a. The use of winch and/or lock cutters to separate or pull vehicles at the scene of an accident. b. Disconnection and reconnection of drive shaft when required in towing. c. The use of a "sling." 2. Towing of an unattended vehicle from a public street, or and abated vehicle when $200.00 authorized or requested by a Police Officer or other authorized employee of the City of Burlingame; i.e. tow-away zones, traffic hazards, and arrests. These calls are on a priority basis and we enforce the importance of a 10-15 minute response time. The aforementioned charges shall include any charge for unlocking a vehicle when necessary. 3. Extraordinary Services: a. Use of a dolly or flatbed $30.00 (In the current rate schedule, these services were an additional $30.00 charge) b. When, in connection with towing services, a person engaged in towing under these rules and regulations, incurs expenses or furnishes services that have not been provided for, and they appear to be reasonably necessary under the circumstances, he/she may submit a written application for higher feel to the Director of Trak. c. Use of a forklift of other means - for purpose to move an $50.00 inoperable, abandoned, stored vehicle, or vehicle that has sustained major damages disabling it from movement under it's own power. This will assist with the removal from the storage facility area to an accessible location enabling salvage and insurance companies and/or other companies to retrieve vehicles with car carriers and/or trucks with limited maneuverability. This fee would only be chargeable after the first 72 hours of storage. 4. A vehicle stored 24 hours or less shall be charged no more than one day of storage $65.00 pursuant to Section 3068. 1(a) of the Civil Code (CC). a. If the vehicle is released from storage after 24 hours has lapsed, charges may be allowed on a full, calendar-day basis for each day of storage, or part thereof pursuant to Section 3068. 1(a) CC. 5. Exception for Heavy Vehicles $300.00 The above maximum charges shall not apply to services or materials furnished in towing or storing vehicles I ton and heavier. In those situations, where heavy duty equipment is required, prevailing commercial rates apply. 6. Gate Fee $100.00 No fee shall be charged for the release of personal property during normal business hours pursuant to Section 22581(b) VC. However, the maximum charge for after hours releases shall be one-half the hourly tow rate charged for initially towing the vehicle pursuant to Section 22851 (b)VC. The forgoing proposed rate schedule would bring the rates charged by D&M towing, Inc. and Tresser's Towing more closely in line with the surrounding communities and the California Highway Patrol. We wish to also mention, that in order to serve the City of Burlingame and provide a timely and professional response required, D&M Towing, Inc. and Tresser's Towing have to maintain at least one driver on-shift at all times, day and night, including weekends and holidays. Upon request, we also provide more then one driver in the event the situation call for it. The above rates are requested to maintain the continuing high level and quality of service and employee training offered by D&M Towing, Inc. and Tresser's Towing to not only the City of Burlingame and Burlingame Police Department but also to it's residents and visitors. We look forward to continuing our service to the City and its Police Department. Please do not hesitate to contact the undersigned should you have any questions concerning this request. Regards, Sean Fisher General Manager D&M Towing, Inc. � Nicole Rochette Nicholas Loveland Owner Owner D&M Towing, Inc. Tresser's Towing 1457 Rollins Rd. 1307 N. Carolan Ave. Burlingame, CA 94010 Burlingame, CA 94010 Phone: (650) 348-7474 Phone: (650) 341 -5653 Fax: (650) 348-2401 Fax: (650) 697-8181 Nicole@dandmtow.com Tresserstowing@yahoo.com Agenda Item # 9c Meeting BURLINGAME STAFF REPORT Date: March 2, 2009 SUBMITTED B APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: FEBRUARY 23, 2009 FROM: PUBLIC WORKS SUBJECT: RESOLUTION ADOPTING SAN MATEO COUNTY ENERGY STRATEGY RECOMMENDATION: It is recommended that Council approve the attached resolution adopting the San Mateo County Energy Strategy. BACKGROUND: In February 2006, the Utility and Sustainability Task Force (USTF), an ad hoc committee of the City/County Association of Governments (C/CAG), was formed to consider the county's future energy and infrastructure needs and to recommend how to address these needs in an economically, socially and environmentally responsible manner. The USTF comprised of six elected officials and six stakeholder representatives from utilities, businesses, non-profits and Bay Area Water Supply and Conservation Agency (BAWSCA). The group first met in June 2006 and began working on the Energy Strategy with a project consultant and County staff. The draft Energy Strategy was completed in July 2008 and was sent to all agencies in the County for comments. The current Energy Strategy was reviewed and approved by the C/CAG Board of Directors, San Mateo County Board of Supervisors, USTF, C/CAG Technical Advisory Committee (TAC), the C/CAG Congestion Management and Environmental Quality (CMEQ) Committee in late 2008 and is ready for adoption by the cities in the County. It should be noted that the Energy Strategy is a working document and will be updated periodically based on new and revised information. DISCUSSION: The main objective of the San Mateo County Energy Strategy is to bring together the cities in the County to work collaboratively on energy and water conservation issues. The following are the five main goals of the Strategy: • Energy: Reduce power purchases to 25% below 2005 levels through conservation, efficiency and increased local production of clean energy to support State's greenhouse gas emission reduction targets. • Water: Implement cost-effective and feasible water conservation and recycling. • Collaboration: San Mateo County will partner with the public utilities and work across jurisdictional boundaries to address environmental challenges more effectively and efficiently. • Economic opportunities: Support clean technology sector to strengthen the long-term economic health of San Mateo County. • Leadership from the top: San Mateo County will encourage environmental leadership from the top in the public sector,the business community and with its residents to achieve the goals of the Energy Strategy. The Strategy's goals for energy and water conservation are consistent with the current institutional thinking in our region and the State, i.e. the energy goal is related to current State Legislation AB32,and the water conservation goals are developed in coordination with BAWSCA and San Francisco Public Utilities Commission. By approving this resolution,the City will be adopting the goals of the San Mateo County Energy Strategy and committing to pursue the next steps recommended by the Strategy as follows: • Working collaboratively with other cities and the San Mateo County • Release energy and water utility data to the County and C/CAG for the purposes of tracking countywide energy-use and emission-reduction goals The City will assign one staff person and one elected official to be the main contact for the County and C/CAG for purposes of routing information about the Energy Strategy. The intention of the Energy Strategy is to support city efforts,to provide resources and to promote collaboration. BUDGET IMPACT: Adoption of the San Mateo County Energy Strategy does not legally bind or obligate the City to implement the actions suggested in the Strategy,so there is no financial impact at this time. Some actions recommended by the Strategy may require City funding and will be evaluated by the city on a case-by-case basis. Other actions may be funded through rebates,grants,or partnerships. EXHIBITS: Resolution, Executive Summary of the San Mateo County Energy Strategy RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING THE SAN MATEO COUNTY ENERGY STRATEGY WHEREAS, in February 2006, the Utility and Sustainability Task Force (USTF), an ad hoc committee of the City/County Association of Governments (C/CAG), was formed to consider strategies for San Mateo County public agencies to address their mutual water and energy conservation needs in an economically, socially and environmentally responsible manner; and, WHEREAS, after beginning its work in June, 2006, USTF completed its Draft Energy Strategy in July, 2008 and forwarded said draft to public agencies in San Mateo County for review and comment; and WHEREAS, the Draft Energy Strategy has been reviewed and approved by the C/CAG Board of Directors, the San Mateo County Board of Supervisors, USTF, the C/CAG Technical Advisory Committee (TAC), the C/CAG Congestion Management and Environmental Quality (CMEQ) Committee and is now ready for adoption by the cities in the County; and WHEREAS, the main objective of the Draft Energy Strategy is to develop a collaborative effort among all cities in the County to address energy and water conservation issues, with five main goals: reduce electricity purchases, implement water conservation and recycling, collaboratively address environmental challenges, support clean technology and encourage environmental leadership from the top; NOW, THEREFORE, the City Council of the City of Burlingame hereby resolves as follows: 1 . The City of Burlingame adopts the San Mateo County Energy Strategy contained in the Draft Energy Strategy, prepared by the Utility and Sustainability Task Force (USTF), an ad hoc committee of the San Mateo City/County Association of Governments (C/CAG). 2. The City will assign one elected official and one staff person to be the City's primary contacts with the County and with C/CAG for purposes of routing information concerning the Energy Strategy and not for purposes of establishing a new C/CAG committee. 3. By this adoption, the City Council understands that the draft strategy is a recommendation only; that it does not bind or obligate the City to implement any actions or programs suggested in the Strategy; and that, accordingly, the adoption does not create any financial impact. Should it implement one or more actions recommended by the Strategy, the City will have to evaluate each action on a case-by-case basis to determine whether or not funding exists for said implementation. 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 2nd day of March, 2009, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: MARY ELLEN KEARNEY, City Clerk ty AI i' r`f F SAN MATEO COUNTY ENERGY STRATEGY 2012 eCt OF Sgti s, DUNDED�$6 PREPARED BY THE UTILITIES Sc SUSTAINABILITY TASK FORCE $AN MATEO COUNTY ENERGY STRATEGY 2012 - - - — EXECUTIVE St, AMARY ACKNOWLEDGMENTS We appreciate the participation, input and feedback of all the task force members and other interested parties. COUNTY OF SAN MATEO - PROJECT ORIGINATORS : Jerry Hill Jill Boone Board of Supervisors Initial Project Manager UTILITIES AND SUSTAINABILITY TASK FORCE MEMBERS, AUGUST 2006: ELECTED OFFICIALS Bill Dickenson Barbara Pierce, USTF Chairwoman Terry Nagel 2006 Vice Mayor, Belmont 2006 Mayor, Redwood City 2006 Mayor, Burlingame Jerry Hill Deborah Gordon Sepi Richardson Supervisor, County of San Mateo 2006 Mayor,Woodside 2006 Mayor Protem, Brisbane UTILITY ENERGY Kathy Lavezzo Bruce Chamberlain Account Manager Energy Solutions,ABAG Energy Watch Pacific Gas and Electric Company WATER BUSINESS Nicole Sandkulla Lori Duvall Senior Water Resource Engineer Eco Responsibility Program Manager Bay Area Water Supply Sun Microsystems, Inc. and Conservation Agency NONPROFIT EMERITUS Robert Cormia Mukesh Khattar Mario Panoringan Professor Director of Energy 2006 Chief Executive Officer Foothill-De Anza Community College District Oracle Corporation Daly City/Colma Chamber of Commerce ENERGY STRATEGY DEVELOPMENT, WRITING AND RESEARCH Gina Blus Brandi de Garmeaux Sustainability Consultant Graduate Student/Intern EcoAdvantage Network C/CAG AND COUNTY STAFF Richard Napier Kim Springer Executive Director Resource Conservation Program Manager City/County Association of Governments County of San Mateo, RecycleWorks BAY AREA AIR QUALITY MANAGEMENT DISTRICT FUNDED, IN PART, BY A GRANT FROM THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT This report was prepared as a result of work sponsored,paid for, in whole or in part,by the Bay Area Air Quality Management District(District).The opinions, findings,conclusions,and recommendations are those of the author and do not necessarily represent the views of the District.The District,its officers,employees, contractors,and subcontractors make no warranty,expressed or implied,and assume no legal liability for the information in this report. —2— -— -------- --— —--- - - --- ------- ENERGY STRATEGY 2012 CXECU i 1VE EXECUTIVE SUMMARY SIJMMARY SAN MATEO COUNTY ENERGY STRATEGY San Mateo County, its cities, residents and businesses have three critical reasons to develop an energy strategy, 1) the ever-increasing financial costs of energy and water, 2) the impact that creating additional energy related infrastructure will have on local communities, and 3) the increasing concern about climate change and its effects. As the State Legislature continues to develop new climate protection legislation, it is in our joint best interest to implement a strategy that puts us in control of the situation rather than being controlled by it. The Utilities Sustainability Task Force (USTF), an ad hoc energy working group of the Congestion Management and Environmental Quality Committee ...ENERGY EFFICIENCY (CMEQ), is composed of six elected officials and six stakeholder representatives, a project consultant, county staff and others. In February of AND WATER 2006, the USTF was chartered to consider the future needs of San Mateo County in regards to both energy and infrastructure. CONSERVATION ARE STILL At a time when the cities and the County find themselves under pressure to THE MOST EFFECTIVE adopt initiatives to protect the environment, the Energy Strategy shows that energy efficiency and water conservation are still the most effective ways to WAYS TO SAVE MONEY AS save money as well as both our precious resources and the environment. The objective of the San Mateo County Energy Strategy is to frame the WELL AS OUR PRECIOUS discussion and to define practical actions for the cities and the County about RESOURCES AND THE energy, water, alternative generation, and climate protection. It will also recommend a countywide effort including goals, strategies, actions and ENVIRONMENT. resources. Energy usage as it relates to transportation is not in the scope of this report or its recommendations and it will be addressed separately. This Executive Summary emphasizes the need for the county and the individual cities, as a whole, to act on issues related to Energy, Water, and Climate Change. ENERGY: Overall, energy use is increasing. Pacific Gas and Electric Company (PG&E) estimates that a one percent annual increase in overall electricity use for the Peninsula area (which includes San Mateo County) is expected for each of the next five years. This extra one percent annually represents an additional 9.8 megawatts of energy that must be generated and delivered to the region every year. Meeting this demand would require approximately one small new power plant every five years. Additionally, PG&E expects the Peninsula's peak demand to grow by 11 percent in the next decade and ,an Francisco's peak demand to increase by 12 percent in the next decade. -3- AN MAIEO CGUNI'1' ENERGY STRATEGY 2012--- EXECUTIVE 012-- EXECUTIVE SUMMI-1 -� TRANSMISSION AND GENERATION : Additional transmission and ...AN ADDITIONAL 9.8 generation infrastructure will impact cities and the county physically and MEGAWATTS OF environmentally. ENERGY...WOULD REQUIRE Keeping in mind that power lines to San Francisco run through San Mateo County, if both counties continue to APPROXIMATELY ONE use more energy every year as expected, the state may require PG&E to develop new power sources and to add SMALL NEW POWER new transmission lines through San Mateo County. Some portion of the increased demand may be offset by PLANT EVERY FIVE YEARS. alternative energy systems such as solar and wind, but the remainder will likely come from natural gas power plants causing potential environmental impact. Meeting peak demands generally requires the use of Peaking Power Plants, which generate higher emissions. WAT E R: The demand for water is increasing. The demand for water is increasing. The communities in San Mateo County support the efficient use of water to meet its current and future water needs. At the same time, these communities are highly dependent upon a single water supply, the Hetch Hetchy regional water system. The system is vulnerable to shortages due to drought and changing weather patterns. A countywide effort is required, as with energy, to ensure a safe, reliable and affordable water USING LESS WATER, supply. Water and energy use are closely related. A significant amount of energy ESPECIALLY HOT WATER, is used in the county to pump, heat and treat water. Using less water, especially hot water, saves a lot of energy. This and other factors, especially SAVES A LOT OF ENERGY. the potential of drought conditions, favor water conservation. ECONOMIC IMPACTS : The costs of energy and water are rising. The rising cost of energy and water to residential, commercial and industrial consumers and their resulting economic implications cannot be ignored. Energy and water costs continue to increase as the need for greater infrastructure and demand increases. On the other hand, conservation and efficiency can reduce demand, and save current and future economic, social and environmental costs while providing opportunities for other conservation investment. —d— ----_—__.---.--------------------_-------–__----SAN MATEO Cour, rY ENERGY STRATEGY 2012 EXECUTIVE ,,-. CLIMATE CHANGE : SUNAAAA.RY There is increasing concern and awareness of climate change. ENERGY AND WATER As carbon dioxide and other greenhouse gases are released into the CONSUMPTION ARE atmosphere from the burning of fossil fuels such as natural gas, coal and petroleum in the production of energy, the gases trap solar rays inside the earth's DIRECTLY TIED TO atmosphere and cause the temperature of the air, land and oceans to rise. Energy and water consumption are directly tied to greenhouse gas emission. GREENHOUSE GAS EMISSIONS. LEGISLATION : State legislation such as AB32 will impact city and county governments. California legislation, AB32, calls for a return to 1990 greenhouse gas levels by the year 2020, which represents a 25 percent drop from today's emission rates. Long-term, the law calls for emissions to be reduced to 80 percent below 1990 levels by 2050. THE STRATEGY: A countywide strategy, involving the cities and the County, is the most effective approach to guaranteeing sufficient utility infrastructure, to preserve natural resources and to achieve greenhouse gas emission reduction goals. The following general outline provides the Goals and Strategies contained in the San Mateo County Energy Strategy document. In the document, actions are divided into categories of Easy/Short-term, Intermediate/Medium-term, and Advanced/Long-term. w - 10 0 �AN MATE(J Comi ,' ENERGY STRATEGY 2012------- -- - --- -- ---- EXECUTIVE SUMMARY E, N E R G Y r GOAL - To support the state's greenhouse gas emission reduction targets, San Mateo County will reduce the amount of power it purchases from utilities to 25 percent below 2005 levels through conservation, efficiency and increased local production of clean energy. STRATEGY - Make energy efficiency standard practice. POTENTIAL ACTIONS: I* Assess, and where feasible, implement energy-saving opportunities with the latest energy-efficient technologies in REDUCE THE AMOUNT OF government facilities. Assign staff, hire consultants, a climate action coordinator, POWER PURCHASES TO and/or enlist the aid of volunteers to create an inventory of 25 PERCENT BELOW }` government operations emissions and develop a plan to save energy and conserve water. 2005 LEVELS Develop your city's plan to reach these energy reduction goals; this may include the creation of an Energy Element, updating General and Strategic Plans, and a climate action plan. STRATEGY -Research, promote and invest in cleaner and greener sources of energy. POTENTIAL ACTIONS: Install solar electric panels,wind turbine and solar hot water systems, develop cogeneration and alternative fuels at city facilities. Encourage investment in clean energy systems such as solar electric,wind and solar hot water by providing rebates and either reducing or eliminating permit fees altogether. Adopt green building standards and ordinances. (The State adopted a statewide Green Building Standards Code,which is voluntary starting in 2009 and becomes mandatory in 2011. The code establishes a minimum level of green building standards and does not preempt local governments from adopting and enforcing their own more stringent policies.) —6— SAN MAI En C:_)l 1f,J ih, ENERGY STRATEGY 2012 EXECUTIVE WAT E RSUMMARY I GOAL - The San Francisco Public Utilities Commission estimates that San Mateo County will need an additional 5 million gallons of water per day by 2018 to meet projected demands. In order to meet this demand, San Mateo County will need to implement cost-effective and feasible water conservation and recycling programs and develop other local water supplies. San Mateo County will also need to strongly support local water utilities' efforts towards the goal of meeting local water demand. STRATEGY - Through BAWSCA, support activities in the lower Tuolumne River basin (e.g. additional agricultural conservation) such that projected water needs for San Mateo County in 2030 can be met with no net increase in water diversions from the lower Tuolumne River. POTENTIAL ACTIONS: �- Establish ongoing communication with BAWSCA and promote dissemination of information related to legislation and other efforts to encourage agricultural conservation in the lower Tuolumne River basin. STRATEGY - Make water conservation and reuse of water standard practices. CONSERVE WATER BY POTENTIAL ACTIONS: 4 GALLONS PER CAPITA Recommend that city facilities and businesses use drought-tolerant plants and PER DAY appropriate water conserving infrastructure through drip irrigation, intelligent water controllers and high efficiency toilets. Develop a recycled water system for city facilities and adopt tougher water conservation ordinances including a water-conserving rate structure. Also increase public awareness of the value of water and the importance of water conservation and landscape water use efficiency. Offer financial incentives and rebates to offset the purchase price of water conserving products such as high-efficiency washing machines and low flow water fixtures. Update General Plans, (land use, circulation, housing, conservation, open space, noise and safety), and ,unicipal codes to include water conservation policies and support the new state-mandated landscape guidelines. —7— i I AhJ NAATE0 COUN1 , ENERGY STRATEGY 2012------ EXECUTIVE ®12-----EXECUTIVE SUMMARY COLLABORATION GOAL - San Mateo County will partner with the public utilities and work across city boundaries to address environmental challenges more effectively and efficiently. STRATEGY - Collaborate with public utilities for mutual benefit. POTENTIAL ACTIONS: Review quarterly updates from PG&E about future utility projects and take action as required. Support passage of net-metering legislation to allow cities to "sell" their excess self-generated energy to the utility and apply the credits to other government accounts. (In 2008, the Governor signed A132466 which authorizes net metering. Cities and the County will follow the implementation of this bill). Establish a San Mateo County Energy Watch program through a Local Government Partnership with PG&E. STRATEGY - Collaborate with other PARTNER WITH THE jurisdictions to save time and resources. PUBLIC UTILITIES AND POTENTIAL ACTIONS: WORK ACROSS CITY Collaborate with other jurisdictions that have similar results BOUNDARIES from their baseline inventories. ECONOMIC OPPORTUNITIES GOAL - Support the clean technology sector to strengthen the long-term economic health of San Mateo County. STRATEGY - Encourage clean technology businesses to locate in San Mateo County. POTENTIAL ACTIONS: Invite venture capitalists to speak at local forums to educate the broader community about the importance of the clean and green technology sectors. When in the market for alternative energy or energy-saving products, buy from local companies and take —� advantage of technical evaluations and group discounts. —8— MAH-0 COUNTY ENERGY STRATEGY 2012 EXE(_U1lVE STRATEGY - Help accelerate the adoption of clean technologies, both SUMMARY locally and globally. POTENTIAL ACTIONS: ACCELERATE THE k, Recognize or feature local green businesses at City Council meetings or other ADOPTION OF CLEAN public venues. TECHNOLOGIES TO Consider incentives if businesses achieve Green Business Certification. Initiate competition among different retail districts or office parks to encourage SUPPORT ECONOMIC f. businesses to become certified as a Green Business. Urge consumers to patronize GROWTH local green businesses. LEADERSHIP FROM THE TOP i GOAL _ San Mateo County will encourage environmental leadership from the top in the public sector, the business community and with its residents to achieve the goals of the Energy Strategy. STRATEGY - Invest in environmental expertise in local government. POTENTIAL ACTIONS: Identify and train a point person for environmental issues on City Council and ENCOURAGE on staff. Take advantage of free or low-cost training opportunities offered by LEADERSHIP FROM THE Energy Watch, the Pacific Energy Center, RecycleWorks, Build It Green and other organizations. TOP IN ALL SECTORS Share resources among several cities with a similar energy profile. Establish a staff task force to identify, analyze, plan, prioritize, and implement energy-saving measures in civic facilities. Consider convening a citizen's committee to work on issues in the community. Secure resources for additional staff rather than making this part of existing staff responsibilities. (From energy savings, grants, and collaboration). STRATEGY - Recruit and support community leaders at every level. POTENTIAL ACTIONS: Partner with residents, businesses, local Chambers of Commerce, nonprofits, schools and other groups to influence resource-efficient behavior in all parts of the community. everage and support state and regional public outreach and education programs. Post energy efficiency information and materials available through all venues and encourage a competition between neighborhoods for the most innovative energy and water saving ideas. —9— AN MATEO C_OUN1 i ENERGY STRATEGY EXECUTIVE S UMh1A F:1 "\ NEXT STEPS : The City/County Association of Governments (C/CAG) proposes the following next steps to move this important project forward: C/CAG will provide presentations to the cities, asking that they adopt this document, commit to working collaboratively with the cities and the County, and release energy use information to support these goals. C/CAG will work with County staff to fund a position to support the cities in this effort. C/CAG will schedule quarterly, relevant educational presentations, bi-monthly information sharing meetings, and an annual progress report to the C/CAG board of directors. C/CAG will provide incentives to promote the completion of government operation inventories for all cities in the County by the end of March 2009. CONCLUSION : The San Mateo County Energy Strategy recommends immediate action tom promote energy efficiency and water conservation measures. Workin` collaboratively, we can do a lot to reduce costs, save our resources and the environment. Critical to achieving the goals set forth in the San Mateo County Energy Strategy is to engage all the cities and the County in adopting and implementing the proposed strategies. The San Mateo County Energy Strategy also strongly urges the creation of new sources of alternative energy generation and the exploration of new water sources including recycled water. x - BURL i NO Library Board of Trustees Minutes January 20,2009 I. Call to Order President Brock called the meeting to order at 5:30pm. II. Roll Call Trustees Present: Nancy Brock,Deborah Griffith, Katie McCormack,Pat Toft, Sandy Towle Staff Present: Al Escoffier, City Librarian Sidney Poland,Recorder Foundation President Stephen Hamilton III. Minutes of the November 18,2008 Trustee Meeting The Trustees unanimously approved the November 18, 2008 minutes. M/S/C (Toft/Griffith) IV. Correspondence and Attachments Monthly Statistics-Library circulation increased 10%in November and 15%in December over last year's figures. V. From the Floor-No one from the public attended. VI. Reports A. City Librarian's Report-Highlights 1. Winter Wonderland-Attendance at this event exceeded all expectations with between 500-600 guests visiting the Library to join in the festivities. Entertainment was provided by the Serra Men's Choir,a ballerina from the Peninsula Ballet Theatre performing the dance of the Sugar Plum Fairies and holiday songs from carolers Vicki Machado and Manuel Caneri. 2. Employee Recognition Dinner-All employees were honored at the 14th annual employee recognition dinner held at the.Doubletree Hotel. Achievement awards for outstanding work in their individual departments were received by Linda Santo, Program Director;Brad McCulley,Library Assistant Circulation; and Cathy Somerton, Children's Librarian. 480 Primrose Road Burlingame•California 94010-4o83 Phone(650)558-7474•Fax(650)342-6295-www.burlingame.ory/library 3. Technology Upgrades - Fiber optic cable was installed at the Easton Library on December 5th. Bandwidth and speed is now increased by 10X. 4. CALTAC Memberships - Memberships for all five trustees have been renewed for the coming year. B. Foundation Report Stephen Hamilton 1. Library Support - Last year the Foundation provided the Library with 121,000 in financial support; $ 85,000 of that amount was raised through fund raising events and the - remainder was drawn down from Foundation assets. The goal in 2009 is to raise $ 109,000 through the Book Sale, Author's Luncheon and John Ward's garden event in August. 2. Board Status - Due to the fact that 7 board members have resigned, the election of officers and introduction of new board members has been postponed until the February meeting. The main focus of the January meeting will be to set the goals for the coming year. 3. Goals for 2009- The five major goals for 2009 are 1) rebuilding the Foundation Board; 2) expanding the donor base from 85 to 260; 3) continue to grow the book sale revenue from 9K to 14K and increase on-line sales; 4) fund adult and children programs; and 5) improve internal workings of the Foundation Board. A suggestion was made to provide the public with information on how to make book donations on the Foundation Website. VII. Unfinished Business A. Library Budget - The Library has begun to implement budget reductions by closing the Library on Friday at 5:00 instead of 7:00 which represents a reduction of 700 hours for hourly staff. Single staffing during the week has begun at public desks. The Circulation and Reference desks will continue to have two staff members on the weekends. Management is working on plans to have a single public desk manned by both a Reference and a Circulation staff person. City wide reductions are expected to be in the 10% range by July 1 st. Library Board of Trustee Minutes January 20,2009 2 B. Employee Achievement Award Event The Trustees expressed their support to holding this event next year as they feel the staff is so worthy of this recognition. However in light of these difficult times, the Trustees discussed the possibility of the Trustees and the Foundation Board members defraying a portion of the cost by paying for themselves and their guest.- The Trustees requested that Jim Ensign be contacted to reserve space for Sunday, December 6th. A suggestion was made for the reception to begin earlier. C. Strategic Plan Status Strategic planning has been placed on hold until the budget reductions are resolved. VIII. New Business A. Wayne Willert Trust Fund Expenditures Mr. Willett has left an endowment of$240,000 to the Library with additional funds forthcoming after the tax return has been completed. The City Librarian provided the Trustees with some suggestions as to how the funds could be allocated such as increasing the educational fund, air conditioning at Easton, and collection back up fund. Ideas mentioned,by the Trustees were 1) centennial endowment; 2) cafe 3) theatre and 4) an emergency fund. Discussion on this matter will be agenized for the next meeting. B. Patron Ban The Trustees unanimously affirmed the request of the Library staff that a male patron be banned from the Library until March 15, 2009. M/S/C (McCormack/Brock) IX. Announcements A. Commissioner's Dinner Trustee Griffith expressed her concerns regarding the cost of the Commissioner's Dinner at a time when the economy is in such bad straits, and the City is considering budget reductions of 10%. Noting that the volunteer commitment of the Commissioners should be recognized in some way, the suggestion was made that guests other than the Commissioners pay for attending the event. B. Council Goals Session January 31st The Council will hold its Goal Session on Saturday January 31st at the Burlingame Recreation Center at 9:00am. Library Board of Trustee Minutes January 20,2009 3 C. Dan Stone Luncheon Trustee Griffith inquired as to the possibility of engaging Elizabeth Partridge ,who was the featured author at the Dan Stone Luncheon, for an adult program. E. Internet Reservation System Trustees Brock and Towle received inquiries from patrons questioning the reason for discontinuing the Internet reservation system at the lower level terminals. Barry Mills, Technical Services Supervisor, will attend the next Trustee meeting to discuss this issue with the Trustees. X. Adjournment The Trustees' meeting was adjourned at 6:20pm. The next meeting of the Board of Trustees will be held February 17, 2009. R ,spectfully Submitted, l Al red H. Escbffier City Librarian Library Board of Trustee Minutes January 20, 2009 4 BURL NOAME City Libra of Trustees February 17, 2009 Budget Reductions Immediate budget reductions were taken effective January 16th with our first loss of public service hours: closing at 5 PM on Fridays. This reduction is the first of two recommended by City Council at their January 5th meeting. The other reduction involving permanent part time staff hours was rescinded by the City. Staff schedules will be changing beginning March lst to make up for the loss of on-call and hourly staff. Permanent part time staff will return to an every other weekend schedule. On- Call staff will be reduced as much as possible. Both temporary and longer term vacancies exist in the children's division which will need to be filled by other staff in other divisions. We are currently working on some ways of covering the children's desk. I prepared a revision of the library's reductions in an effort to spare any potential layoffs.Reductions in hours were proposed for some positions, but the idea was to keep people working and still receiving benefits. These budget items were discussed at the City Department Head meeting of February 3rd, and rejected, in favor of a more severe reduction in funding. I will share the latest version of the proposed reductions at your meeting. The City Council budget session will be held on Wednesday, February 25, 6 PM, Recreation Center. _ One Stop Shopping for Patrons In light of all the changes in the library, we have developed a workshop "Change." The presenter will be Ruth Barefoot of the San Jose Way (San Jose Public Library). The morning session will be open to all permanent desk staff and managers and will focus on the need to understand what the customer wants and how to provide it. Ms. Barefoot has been successful in implementing service-oriented changes in other Bay Area public libraries. In preparation for the Joint Service Desk work, a task force of BPL staff visited other local public libraries which currently have an operational joint service desk. The first visit will be to Foster City, a branch of San Mateo County Library. Library Newsletter to go to Residents The Foundation will be joining the library with a newsletter to the community. We hope to send to all households. The newsletter will cover programs scheduled for spring, as well as the three upcoming Foundation events. 1 48o Primrose Road•Burlingdme•California 94010-4083 Phone(650)558-7474-Fax(650)342-6295'www.burlingame.org/library Foundation Report.New Board Members Three new nominees for the Library Foundation are expected to join the Board this month.They are:Bryan Blythe,CPA;Don Roberts,retired attorney and former Foundation president;Amber Ellis Senguine,graphic artist.This will be a rebuilding year for the Foundation membership. In an effort to reactivate the Foundation Advisory Board,Kris Cannon will be bringing the group together for a meeting to bring them up to date on what is going on with the Foundation and the Library and to enlist their support in fundraising during this difficult year. Foundation Book Sale The semi-annual Foundation Book Sale will be held in the Lane Community Room, April 23�d-April 26th.The sale kicks off on Thursday,April 23rd,4 PM-7 PM;Friday,4 PM-7 PM;Saturday, 10 AM-4PM;Sunday, 1 PM-4 PM.The book sale raises as much as$25,000 a year for library programs and collections. Foundation Author Luncheon The Foundation will sponsor their 3rd annual Author's Luncheon on Saturday,May 9th,at Dominic's at Poplar Creek, 11:30 AM.The featured authors include:Sandra Tsing Loh and Mike Robbins.Loh's latest book,Mother on Fire,recounts her harrowing quest to find a suitable kindergarten for her 4 year old daughter.The topic is also the subject of her solo comedy show that ran for 7 months in Los Angeles.She has been a regular commentator on NPR's"Morning Edition"and"This American Life." Mike Robbin's bestselling book,Focus on the Good Stuff,reached#4 on the Amazon bestseller list and the San Francisco Chronicle bestseller list.Mike is a motivational' speaker,author and coach who has been featured on ABC News,Oprah and Friends radio network,and in Forbes Magazine and The Washington Post.He has worked with AT&T,Apple Computer and UC Berkeley. Summer Garden Party On Thursday,August 13th,Burlingame resident John Ward will host a Garden Party event at his home in Burlingame from 11 AM-7 PM.John is the quintessential' gardener.He offers a host of plants in pots and in the ground,most of which will be in their prime in August.The Burlingame Library Foundation will be the host volunteers for the event and all proceeds will go to the Library Foundation. Employee Recognition Dinner Sidney was successful in booking the 2009 dinner at the Doubletree Hotel. Foundation Board member,Jim Ensign,Manager of the Doubletree made the arrangements for us.The date will be Sunday,December 6th.The suggestion was made at the last Board meeting that Foundation Board members,Trustees,and their guests might pay for their own ticket to the event,so that the event might continue at a lower cost. 2 Endowment Gift to Library Trustees In December 2008, the Trustees were given a bequest by the Wayne Willert Trust. There was some discussion at the Foundation Board concerning how these funds would be used. The Trustees may wish to begin a discussion of the use of the funds. January Children's Poetry: Wintry Words January Poetry Month just concluded its celebration with 275 young poets contributing their poems. Two schools tied for the highest participation rate: Lincoln Elementary and McKinley Elementary, and they will each get a Library Penguin to "live" in their school library. Runners-up in participation were South Hillsborough School and Franklin Elementary School, and they will receive baby penguins for their libraries. All the kids who wrote an original poem and brought it to the library were winners and received a paperback poetry book. The Library Foundation sponsors this popular annual program and the well-attended (160) Sunday afternoon poetry reading and pizza event. Congratulations to all! Dan Stone Memorial Lecture The 2009 Dan Stone Memorial Author event on January 15th, sponsored by the Stone family, featured young adult author Elizabeth Partridge who visited classrooms in the morning, and was the featured speaker at a luncheon in -her honor later that day. Partridge was also featured at a program of question and answer session at 4 PM that day. Partridge is the author of more than a dozen books, the most recent: John Lennon: All I want is the truth (Viking, 2005). Upcoming Events • February 17, Library Board, 5:30 PM • February 25, Budget Study Session, 6 PM, Recreation Department • March 13, Commissioner's Dinner, Rocca's, Broadway • March 17, Library Board Meeting, 5:30 PM • April 21, Library Board, 5:30 PM • April 23-26, Foundation Spring Book Sale • May 9, Third Annual Author Luncheon, Dominic's at Popular. Creek, 11:30 AM 3 BURLINGAME BEAUTIFICATION COMMISSION FEBRUARY 5, 2009 The regularly scheduled meeting of the Beautification Commission was called to order at 6:00 p.m. by Chairperson Lahey. Chairperson Lahey welcomed new Commissioners Karen Dittman and Mary Hunt and asked that they introduce themselves to the Commission. Following the introductions, the meeting was called to order. ROLL CALL Present: Chairperson Lahey, Commissioners Benson, Carney,Dittman,Hunt, and McQuaide Absent: Commissioner Wright Staff: Parks & Recreation Director Schwartz, Interim Parks Superintendent Foell, and Admin. Secretary Harvey Guests: Jean Ann Carroll (1525 Meadow Lane); Eric & Daniele Botelho (1529 Meadow Lane); Paul Sahlin (1537 Meadow Lane); Charles Voltz (725 Vernon Way); Avery Diamond (1604 Easton Drive); Susan Gambrioli (1541 Westmoor Road); Mark Zagorski (1536 Westmoor Road); Erin Stannard (1528 Westmoor Road); and Sharon O'Byrne (1533 Meadow Lane). MINUTES—Minutes were approved as submitted. CORRESPONDENCE Letter from Erin Stannard (1528 Westmoor Road) appealing the City Arborists approval to remove a protected Redwood tree at 1533 Meadow Lane. Letter to the Burlingame Historical Society from Superintendent Foell thanking them for the generous donation of$1,200 for placement of a bench in the Washington Park Fragrance Garden in memory of Marilyn Short. Beautification Commission Responsibilities: Municipal Code 3.28.050 Powers and duties. Draft letter to Realtors (composed by Commissioner McQuaide) requesting they provide important information to their clients with regard to City of Burlingame tree policies. Responsibilities on Broadway for Parks Division Staff verses Broadway Merchants responsibilities submitted by Superintendent Foell. FROM THE FLOOR Avery Diamond, 1604 Easton Drive, stated his neighbors are complaining about leaf blowers and asked where he could direct those concerns. Director Schwartz commented that staff would contact him and refer him to the Code Enforcement Officer for the City of Burlingame. There being no further comments 'From the Floor', Commissioner Lahey requested and the Commission approved that the meeting order be changed to accommodate the public who were in attendance. NEW BUSINESS Appeal of the Permitted Removal of a Private Redwood Tree 64), 1533 Meadow Lane Superintendent Foell informed the Commission and the public of the hearing process and procedure and the Agenda was corrected to read.- 1533 Meadow Lane. 1 NEW BUSINESS Appeal of the Permitted Removal of a Private Redwood Tree(& 1533 Meadow Lane (Contd.) Arborist Porter reported that the applicant at 1533 Meadow Lane requested a permit to remove the Redwood tree due to safety concerns and surrounding hardscape. Arborist Porter stated that he approved the removal because, although outwardly the approximately 80 year old Redwood tree looks good, it is quite structurally unsound, having multiple co-dominant trunks. He noted that the tree could be pruned and the leaders cabled to help make the tree safer but that it might not be a long term remedy, would be cost exorbitant to the homeowner, and would not necessarily be guaranteed. Commissioner Benson asked Arborist Porter to comment on the tree's lean and the close proximity to the other tree on the property. Arborist Porter responded that the multi-trunks are leaning outward; all the weight of the limbs is on the outside; the two leaders are pushing apart, and the tree is within 10 feet of another Redwood tree. Commissioner McQuaide asked if removal of this Redwood tree would affect other nearby Redwood trees. Arborist Porter stated removal of this tree should not affect the nearby Redwood tree. Chairperson Lahey asked what Arborist Porter might recommend to make the tree safe. Arborist Porter stated that removing the middle leader which is beginning to rot and fall apart at the top, would leave a big cut on the trunk, inviting pathogens, but should be done if the tree is to remain. He added that thinning the branches on the outside to reduce the weight and cabling the remaining leaders could help to alleviate safety concerns. Commissioner Carney asked Arborist Porter if nothing were done to the tree how fast might the tree decline. Arborist Porter responded that the next major storm could cause some problems with the tree but that, he could not say how fast the tree would"decline". Arborist Porter addressed other Commission questions with regard to future growth rate of tree, effectiveness of corrective pruning, and when asked by Commissioner Benson about wind breaks in the area, Arborist Porter noted that this Redwood tree and the Redwood tree on the adjacent property are the wind breaks. Chairperson Lahey opened the public hearing. Appellant Erin Stannard, 1528 Westmoor Road, stated that the tree is old and beautiful and hates to see the tree be removed because the trees affect property values and privacy. Ms. Stannard added she hoped trimming and cabling could be done; that, the Commission would uphold the appeal; and that removal of the Redwood tree not be approved. Applicant Sharon O'Byrne, 1533 Westmoor Road, stated she did not want to remove the tree but became concerned about the trees safety after an independent arborist expressed concern about the central leader, that the tree had been topped approximately 15-20 years ago, and instructed her to monitor movement during windy days. Ms. Byrne commented that Christmas Day was very windy and it was at that time she observed the central leader move, leading her to apply for a permit to remove the tree. She concluded that she could not bear the responsibility if something were to happen to someone because of the tree. Paul Sahlin, 1537 Meadow Lane, stated the previous owner planted the tree in 1941-42 as a living Christmas tree, noting that the tree is situated near a P.G.&E., Cable, Telephone easement. He stated that P.G.&E. has "butchered" the tree but has not trimmed or maintained the tree for a number of years now. Mr. Sahlin stated that the tree only poses a minor nuisance to his property, is a beautiful tree, and would be unfortunate if the tree had to be removed. 2 NEW BUSINESS Appeal of the Permitted Removal of a Private Redwood Tree na 1533 Meadow Lane (Contd.) Jane Carroll, 1525 Meadow Lane, stated that everyone loves the tree and it provides a habitat for the birds, that it should be the homeowners call if safety of a tree is questionable and the homeowner should be able to decide as to what makes her feel safe or not. Eric Bottello, 1529 Meadow Lane, stated his property takes the brunt of the tree noting that during recent, storms limbs just missed his windows, but hit and damaged the fence. Mr. Botello continued that the roots are lifting the hardscape on his property. He is concerned about future damage to his homes foundation, that they love the tree, but believes the pros and cons need to be weighed with regard to the safety concerns. Mark Sagorsky, 1536 Westmoor Road, stated that the tree is beautiful, he can see it from his back yard and that it would be very sad to see the tree removed. Mr. Sagorsky noted that the City Arborist stated that the tree is approximately 80 years old but heard that the tree was planted in 1942, making it younger.. He concluded that this tree is one of the important things in the neighborhood. It attracts wildlife and provides habitat. Mr. Sagorsky concluded that the tree's health and stability should be reassessed. Susan Gambrioli, 1541 Westmoor Road, asked if tree had actually caused any damage, and had it been documented? Ms. Gambrioli concluded that she "loves" having the tree in the neighborhood, hopes that the appeal will be upheld, and that the tree will not be approved for removal. Chairperson Lahey closed the public hearing. The Commission further discussed. Commissioner McQuaide asked Arborist Porter if newly placed flagstone could affect the tree's roots if covered and if root pruning would be harmful. Arborist Porter responded that root cutting could make a tree less stable, but that some root pruning could be done by a qualified arborist. Commissioner Benson asked if there were any evident signs of decay. Arborist Porter responded that there were no outward signs of decay. Chairperson Lahey stated that there are a few trees in the neighborhood, she struggles with removal of a Redwood tree and asked how pruning/cabling the middle spur would keep it safe. Arborist Porter responded that cabling keeps branches from splitting during high winds and added 2 to 3 cables at the top of the tree could make it safer. He concluded that although cabling can be done, the City of Burlingame has not performed cabling on trees because anything man made can fail. Commissioner Benson asked if cabling is used as the last resort. Arborist Porter responded that cabling is not necessarily a last resort, but is used as a tool in maintaining trees. Commissioner Carney asked what the cost might be to trim the tree and install cables. Arborist Porter responded that to cable a tree it could cost$4,000 - $5,000 and trimming might cost anywhere from $2,000 -$3,000 because it would require a climber. Chairperson Lahey stated that if removal were approved she expressed concern that the tree would only be replaced with one 24" box size tree. Parks &Recreation Director Schwartz clarified that the Commission could make other requirements with regard to replacements. Commissioner Benson then moved that the appeal be denied, and the tree be approved for removal as per Arborist Porter's findings: The tree is structurally unsound, having multiple co-dominant trunks; the tree's root system is causing some damage to surrounding hardscape; and that replacement with one 24-inch box size tree be required; seconded, Carney. Motion failed 3 —3 — 1 (absent/Wright). 3 NEW BUSINESS Appeal of the Permitted Removal of a Private Redwood Tree(a� 1533 Meadow Lane (Contd.) Commissioner McQuaide moved the appeal be upheld and removal not be approved because there other options are available; seconded,Hunt. Chairperson Lahey stated that she would like to have more information before approving removal of this tree and asked if the motion could be amended to include "further information from an independent, certified arborist be submitted by the applicant for the Commissions reconsideration". Commissioner McQuaide approved the amendment to the motion; seconded, Hunt. Commissioner Benson commented that obtaining an independent arborist report for the Commission's reconsideration would be solely up to the property owner, noting that Arborist Porter routinely protects trees and she knows he had a difficult time approving removal of this tree. The motion was restated as amended: Commissioner McQuaide moved the appeal be upheld and the tree not be removed because there are other options available, but that, further information from an independent, certified arborist can be submitted by the applicant for the Commission's reconsideration; seconded,Hunt. Motion carried 5 — 1 (opposed/Benson)— 1 (absent/Wright). Chairperson Lahey advised the applicant and appellant would receive written confirmation of the Commission's decision as well as appeal procedures. Following the hearing, Chairperson Lahey returned to the agendized order of business. OLD BUSINESS Arbor Day/Saturday, March 7, 2009 (a) 9:00 am—Bayside Park/Report Superintendent Foell reported that 17 new Redwood trees would be planted at Bayside Park. The ceremony will be held on Saturday in hopes of generating more participation from service clubs and families in the City. Superintendent Foell also noted that since the City's "Tree fund" (used to replace and add City street trees) would be depleted after the street tree planting in the spring, the Arbor Day ceremony would serve as a "kick off' for a fundraising campaign to replenish the fund. Superintendent Foell stated that he developed flyers that can be distributed throughout the community. Commissioner Hunt suggested the Commission distribute flyers to the local service clubs in the City and suggested that names of donors could be placed in the Recreation brochure. Superintendent Foell asked the Commissioners to notify the Parks office as to how many flyers each will need for distribution. Business Landscape Award 2009 Commissioners reported that information had been handed out to businesses in the local business districts. Two applications have been received to date and the deadline for receiving applications is April 1. Commissioner Benson reported that she had contacted the Rotary Club to promote the award but had no response to date. Commission asked that this item be continued to the next meeting. NEW BUSINESS Networkinz with Realtors Rmardina Community Tree Information Commissioner McQuaide submitted a draft of a letter for local realtors and asked the Commission to review. Commissioner McQuaide reported that she spoke with a representative from the San Mateo County Realtors Association and may speak to that group at a future meeting. Commissioner McQuaide stated that if the draft is approved, she would like to include a flyer that would communicate City's tree policies and the benefits trees provide to community; realtors would then distribute the flyers to their clients. The Commission approved the draft letter. Superintendent Foell will develop the flyer to accompany the letter to the realtors. 4 Commission's Level of Involvement—Broadway Planters Chairperson Lahey asked that this be placed on the agenda for further discussion and stated that she would like to see the Commission have a"hands on"project but noted that a full commitment would be required. Commissioner Benson stated that she continues to maintain and plant the merchant's planters and has been for the last 5 years; BID pays for replacement plants and faux plants, but there is ongoing cost due to vandalism and irrigation problems as well as ongoing maintenance due to litter and cigarette butts. Superintendent Foell submitted to the Commission for their review: Beautification Commission Responsibilities: 3.28.050 Powers and duties and Park Division Responsibilities and Broadway Merchants Responsibilities on Broadway. Superintendent Foell advised that the Commission can take on other projects that are not specifically requested by Council but before taking on big projects, it is always best to check in with Council. Following a brief discussion, it was a consensus of the Commission that this item be tabled to the April meeting when all the Commissioners could be present. Commission's Volunteer Monitoring of Grant Trees/Guidelines Superintendent Foell stated that the planting of 172 street trees had been completed and that volunteer monitoring for the grant match can begin. He stated that staff developed a checklist to be used for monitoring the tree plantings and divided up the list for the Commission to conduct the monitoring. Superintendent Foell then reviewed the checklist with the Commission. Superintendent Foell asked that the Commissioners complete the inspections and turn in their checklists at the March 5t`Commission meeting. Street Tree Fundraising Committee Superintendent Foell stated that a fundraising effort is needed to raise money for the City's Street Tree Fund. The Parks Division currently plants replacement trees and new trees in the City's planter strips, 3 times each year. Funds raised in the community will be used to replenish the tree fund that will soon be depleted after spring 2009 street tree planting. Superintendent Foell asked that Commissioners volunteer to serve on a Street Tree Fundraising Committee to help develop fundraising strategies. Commissioner Benson thought a good slogan that Fiona Hamilton suggested during the centennial tree planting discussions could be used as part of the fundraising campaign: "$100 for 100 trees for the next 100 years." Chairperson Lahey and Commissioner Dittman volunteered to serve on the Street Tree Fundraising Committee and will report back to the Commission at the March 5t'meeting. REPORTS Superintendent Foell 1) P.G.&E. crews are inspecting trees that may be interfering with lines and requested permission to perform several removals. Supervisor Disco has issued permits for the removal of several small sucker treesin different locations in the City. 2) Complaints were received from the Broadway merchants regarding trees blocking signs; City tree crew will conduct some selective pruning on the Broadway trees. 3) Rocca Restaurant on Broadway received complaints from several patrons and requested a small planter be removed that is near the handicap parking. Supervisor Disco granted the request; crews will move the planter and the owner of Rocca Restaurant will be responsible for watering the plants in the relocated planter. 4) Commissioners Dinner will be at the Rocca Restaurant on Broadway on Friday, March 13Th Contact the City Manager's office for more information. 5 REPORTS Superintendent Foell—(Contd.) 5) Council is requesting 2 Commissioners from each City Commission to serve on the Walk of Fame Committee. Commitment will require one meeting for 1.5 — 2 hours. Chairperson Lahey and Commissioner Dittman volunteered to serve on the Council's Walk of Fame Committee. 6) Superintendent Foell commended the Commission on the well organized way in which they conducted the evening's public hearing. Commissioner Carnev Commissioner Carney reported that new plantings at the entry of Mollie Stones grocery store look very nice. Commissioner McOuaide Commissioner McQuaide confirmed with staff that the item, Beautification Commission Meeting Start Time, be placed on the March 2009 Agenda. Commissioner Benson Commissioner Benson stated she conducted 2 rose pruning workshops with 8 Master Gardeners in the Washington Park Rose Garden and the Park Road Rose Garden, and trimmed the plants on Burlingame Avenue and Broadway. There being no further business,the meeting adjourned at 8:20 p.m. Respectfully submitted, CkI Z" Karlene Harvey Recording Secretary 6 CITY OF BURLINGAME PLANNING COMMISSION e77)� UNAPPROVED MINUTES Monday, February 9, 2009 — 7:00 p.m. d City Council Chambers— 501 Primrose Road Burlingame, California I. CALL TO ORDER Chair Cauchi called the February 9, 2009, regular meeting of the Planning Commission to order at 7:01 p.m. 11. ROLL CALL Present: Commissioners Auran, Brownrigg (arrived at 7:09 p.m.), Cauchi, Lindstrom, Terrones,Vistica and Yie Absent: None Staff Present: Community Development Director, William Meeker; Senior Planner, Ruben Hurin, City Attorney, Gus Guinan;Assistant Public Works Director,Art Morimoto; and Senior Civil Engineer, Doug Bell. III. MINUTES Commissioner A uran moved, seconded by Commissioner Vistica to approve the minutes of the January 26, 2009 regular meeting of the Planning Commission, as submitted. Motion passed 5-0-1-1 (Commissioner Brownrigg absent, Commissioner Terrones abstaining). IV. APPROVAL OF AGENDA Community Development Director Meeker noted that the notice for 1325 Balboa Avenue (Agenda Item 2c) included a reference to a Special Permit for a basement; the notice is in error, as a basement is not proposed as part of the project. There were no changes to the agenda. V. FROM THE FLOOR Pat Giorni, 1445 Balboa Avenue; spoke: ® Requested that the Commission consider opening the study item regarding the Storm Drainage Measure for public comment. Provided a copy of Commissioner Terrones letter regarding the matter. ® Also requested that the project at 1461 Balboa Avenue (Agenda Item 2b) be removed from the Consent Calendar. VI. STUDY ITEMS 1. STORM DRAINAGE MEASURE UPDATE—PUBLIC WORKS DEPARTMENT STAFF CONTACT: ART MORIMOTO Assistant Public Works Director,Art Morimoto provided an update regarding the Storm Drainage Measure. 1 I' CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 Commission comments: n ■ Asked how the fees are calculated for school sites (Morimoto—calculated in the same manner as for residential properties; no properties are exempt). ■ Clarified that the fee is based upon the amount of impervious surface on the property; how is the amount of impervious surface determined (Morimoto—representative lots were selected from aerial photos, and an average was developed. An appeal process is provided if people feel the impervious surface is calculated too high for their property). ■ What is the minimum that a property owner may need to pay(Morimoto—has not yet taken that into account. In the future, a process could be developed to allow a property owner to reduce impervious area and permit a recalculation of the fee based upon the reduction). ■ Would be helpful to tell residents why all of the roadwork that has been done that includes pipes is not the same as storm sewer work; the perception is that the work may not be done efficiently. ■ Asked what groups have received the presentation (Morimoto — Rotary, Masonic Lodge; First Presbyterian Church; Traffic, Safety and Parking Commission; others). ■ Suggested a mechanism that permits a greater fee to be assessed if impervious surface exceeds the average (Morimoto—will review new development plans as they come through the City process; this will permit a potential adjustment of the fee based upon actual conditions on the lot). ■ Would like the City to amend the rule that requires ground water to be pumped into the storm water system. VII. ACTION ITEMS Consent Calendar- Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or action is requested by the applicant, a member of the-- public or a Commissioner prior to the time the Commission votes on the motion to adopt. Chair Cauchi asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. Item 2b (1461 Balboa Avenue) was removed from the Consent Calendar at the request of Pat Giorni, 1445 Balboa Avenue. 2a. 1417 BERNAL AVENUE, ZONED R-1 — REQUEST FOR ONE-YEAR EXTENSION OF AN APPROVED APPLICATION FOR CONDITIONAL USE PERMITS AND SPECIAL PERMIT TO USE A PORTION OF AN EXISTING DETACHED GARAGE FOR RECREATION PURPOSES (TRENT AND ANNE WRIGHT, APPLICANTS AND PROPERTY OWNERS; AND WINCES ARCHITECTS INC. ARCHITECT) STAFF CONTACT: RUBEN HURIN 2c. 1325 CABRILLO AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN AND ENGINEERING, APPLICANT AND DESIGNER; AND TONY LEUNG, PROPERTY OWNER) STAFF CONTACT: ERICA STROHMEIER 2d. 1024 OAK GROVE AVENUE, ZONED C-1 —APPLICATION FOR CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR A USE SIMILAR TO A DANCE ACADEMY (DANCE/PILATES STUDIO) (DOUG MCINTOSH,APPLICANT; GLORIA C. CONTI TRUST PROPERTY OWNER;JD ASSOCIATES DESIGNER) STAFF CONTACT: RUBEN HURIN 2e. 1812-A MAGNOLIA AVENUE, ZONED C-1 —APPLICATION FOR CONDITIONAL USE PERMIT FOR A CHILDREN'S TUTORING CENTER (GRACE KO, APPLICANT; JOHN BRITTON, PROPERTY OWNER; AND LINCOLN LUE ASSOCIATES, ARCHITECT) STAFF CONTACT RUBEN HURIN 2 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 In light of the current economic conditions, it was suggested that the City consider an amendment to the Municipal Code to permit the opportunity for permit extensions for a third year. Commissioner Brownrigg moved approval of the Consent Calendar, excluding Item 2b, based on the facts in the staff reports, Commissioner's comments and the findings in the staff reports, with recommended conditions in the staff reports and by resolution. The motion was seconded by CommissionerAuran. Chair Cauchi called for a voice vote on the motion and it passed 7-0. Appeal procedures were advised. This item concluded at 7:22 p.m. VIII. REGULAR ACTION ITEMS 2b. 1461 BALBOA AVENUE,ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR BASEMENT FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (VIVIAN AND AMANDA LARKIN, APPLICANTS AND PROPERTY OWNERS; AND JACK MCCARTHY, DESIGNER) STAFF CONTACT: RUBEN HURIN Reference staff report dated February 9, 2009, with attachments. Senior Planner Hurin presented the report, reviewed criteria and staff comments. Sixteen (16) conditions were suggested for consideration. Chair Cauchi opened the public hearing. Jack McCarthy, 5339 Prospect Road, San Jose; represented the applicant. Commission comments.- Expressed omments:Expressed concern that the doors at the rear are quite costly, and could lead to revisions; also concerned that windows were at the gutter level on the second-story. Clarified window trim details. Public comments: Pat Giorni, 1445 Balboa Avenue; and Bill ?, 1457 Balboa Avenue; spoke.- 0 poke:■ Expressed concern about storm water drainage. A storm water drainage report was to have been provided; wondered how the project can move forward if no one has reviewed the hydrology. ■ Noted a property a few houses away that pumps water continuously into the storm water system. ■ What type of drainage will be installed? ■ The street was continuously disturbed due to continuous construction; would like a condition of approval that the dumpster for the project be placed on the property, not on the public street as it will damage the new asphalt on the street. Jack McCarthy responded: ■ Noted that the ground water was found to be at a depth of 12-feet in the front and 6-feet at the rear. ■ Indicated a willingness to work with the Civil Engineer to seek approval to design a system that will permit some of the water to flow back to the aquifer before being pumped into the storm water system. • Could place the sump pump inside the structure; the system would meter out a flow on a periodic basis. 3 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 Additional Commission comments: ■ Noted that the type of storm water catchment described by the applicant could also be used for irrigation for the property; similar in nature to a cistern. ■ Strongly urged to use interlocking paver system for the driveway; should be assembled with aggregate that would permit water to percolate through the surface. ■ Will need to be certain that the Building Division will allow leader water go to the system as well. There were no further comments and the public hearing was closed. Commissioner Cauchi moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped January 27, 2009, sheets 1 through 6 and L1.0; 2. 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); 3. that, if approved by the Public Works Department,the applicant shall install a storm water drainage system that permits retention of a portion of storm water runoff in an underground storage area that can allow percolation of some of the water back into the aquifer prior to pumping to the storm drain system; and a portion to be used for irrigation purposes. The sump pump shall be installed within the building on the property; 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 December 5, 2008 memo, the City Engineer's December 15, 2008 memo, and the Fire Marshal's and the NPDES Coordinator's December 8,2008 memos shall be met; 6. that a licensed engineer shall prepare and submit a soils report which shall include groundwater investigation on this site; recommendations contained in the report shall be reviewed and implemented as approved by the Building and Engineering Divisions; the soils report shall be submitted to the Building Division prior to issuance of a building permit; 7. that the project shall include an emergency generator with battery back-up for the sump pump; the emergency generator shall be included on the project plans prior to issuance of a building permit; 8. that demolition for 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; 9. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planninr Commission, or City Council on appeal; 4 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes February 9,2009 10. 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, 11. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition,new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements;any partial or full demolition of a structure,interior or exterior, shall require a demolition permit; 12. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance,to prevent erosion and off-site sedimentation of storm water runoff; 13. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition,as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 14. 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 the elevation at the top of the form boards per the approved plans;this survey shall be accepted by the City Engineer; 15. 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; 16. that prior to scheduling the roof deck inspection,a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department;and 17. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Lindstrom. Discussion of motion: • Asked if the findings of the soils report could affect the Commission's decision(Meeker—if it affects the design,the project would be brought back for review). Chair Cauchi called fora voice vote on the motion to approve. The motion passed 7-0. Appeal procedures were advised. This item concluded at 7:45 p.m. CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 3. 1537 AND 1543 DRAKE AVENUE, ZONED R-1 —APPLICATION FOR AMENDMENT TO CONDITIONF� OF APPROVAL REGARDING SECURITY DEPOSIT FOR EXISTING REDWOOD TREES RELATED T(., TWO, NEW SINGLE FAMILY DWELLINGS UNDER CONSTRUCTION (OTTO MILLER,APPLICANTAND PROPERTY OWNER) (67 NOTICED) STAFF CONTACT: RUBEN HURIN (CONTINUED FROM JANUARY 26. 2009 PLANNING COMMISSION MEETING) Reference staff report dated February 9,2009,with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Forty-Six (46) conditions were suggested for consideration for 1537 Drake Avenue; 45 conditions were suggested for 1543 Drake Avenue. Chair Cauchi opened the public hearing. Commission comments: • Expressed concern that $15,000 may not be a high enough value to replace more than one tree. • Suggested that if more than one tree needs to be replaced, the applicant shall agree to replace additional trees beyond what is covered by the $15,000. Mark Hudak, 216 Park Road; represented the applicant. • The applicant has agreed to allow the City to hold the $15,000 for a period of 5-years. • Noted that Commissioner Brownrigg's recollection of the facts was accurate. • The trees are healthy today;the maintenance program will ensure that the trees will remain healthy. • Were faced with unknowns 5-years ago; the work was done correctly, are at a point where guaranteed maintenance should be required. • Understands the Commissioners concerns regarding the potential for a tree to die now,then anothe -� later; can reluctantly agree to replenish to $15,000 amount if drawn upon. Public comments: Pat Giorni, 1445 Balboa Avenue; spoke: • Asked how the City would determine the cause of death of a tree? • Hopes that the fees paid with the current application have covered the cost of all the time needed to negotiate the compromise. • Supports denying the applicant's request. Additional Commission comments: • Requested that the language in the revised condition be clarified to ensure that it is determined that any tree death can be determined to be linked to construction activities. • Should the last sentence from the original Condition 33 remain in the revised condition (Guinan — not necessary to address a cause of action. The proposed letter of credit is irrevocable, the bank would be bound to issue a check to the City if a tree dies. Will craft an agreement with the applicant to clearly address the rights and obligations of each party). There were no further comments and the public hearing was closed. Commissioner Brownrigg moved to approve the application, by resolution, with the following amended conditions;also adding that the wording of the letter of credit and any supporting documents be forwarder` to the Planning Commission as an FYI: 6 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes February 9, 2009 1537 Drake Avenue 1 . that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 13, 2007, sheets A.1 , A.4 through A.6, U.1 , L1 .1 , S.1 and D.1 through DA, and date stamped June 7, 2007, sheets A.2, A.3, AAA, AAB, A.5A, A.5B and L1 .0; and that any changes to the structure including but not limited to foundation design, height, building materials, exterior finishes, footprint or floor area of the building or to the tree protection plan or tree trimming shall require review by the Planning Commission and an amendment to this permit; 2. that any changes to the size or envelope of the first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 3. 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. 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 and the City Arborist shall verify that all required tree protection measures were adhered to during construction including maintenance of the redwood grove, an appropriate tree maintenance program is in place, all required landscaping and irrigation was installed appropriately, and any redwood grove tree protection measures have been met; 5. 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; 6. that the conditions of the City Engineer's April 8, May 31 , June 4, August 15 , August 30, and October 15, 2002, June 27, 2005, and June 18, 2007 memos, the Fire Marshal's September 3, 2002, June 23, 2005 and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 271 2005 and June 15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES Coordinator's June 27, 2005 memo, and the CityArborist's September 3, 2002, and April 3 and May 21 , 2003, and April 13, 2007 memos shall be met; 7. that any grading or earth moving on the site shall be required to have a City grading permit, be overseen by the project arborist, inspected by the City Arborist, and be required to comply with all the regulations of the Bay Area Air Quality Management District and with all the requirements of the permit issued by BAAQMD; 8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during the development of Lot 9; use of all hand tools shall comply with the requirements of the City's noise ordinance; 9. that as much employee parking as possible shall be accommodated on the site during each of the phases of development; construction activity and parking shall not occur within the redwood tree grove protective fencing on Lot 9; 7 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 10. that construction of the house and attached garage on Lot 9 shall be completed through Lot 10 2" rear of Lot 9; 11. that heavy construction materials and equipment shall not be delivered to the site or stored at the front of Lot 9 in the designated driveway area; 12. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the currently fenced off Redwood Tree Grove protection zone; 13. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with 3/ inch plywood on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the area; post construction the protective plywood and mulch may be removed as approved by the project arborist; 14. that all construction shall be done in accordance with the California Building Code requirements in effect at the time of construction as amended by the City of Burlingame, and limits to hours of construction imposed by the City of Burlingame Municipal Code; 15. that the method of construction and materials used in construction shall insure that the interior noise level within the building and inside each unit does not exceed 45 dBA in any sleeping areas; 16. that all new utility connections to serve the site, and which are affected by the development, shall be installed along the left side property line between the driveway and property line to meet current code standards; local capacities of the collection and distribution systems shall be increased at the -- property owner's expense if determined to be necessary by the Public Works Department; and thk location of all trenches for utility lines shall be approved by the City Arborist during the building permit review and no trenching for any utility shall occur on site without continual supervision of the project arborist and inspection by the City Arborist; 17. that the new sewer connection to the sewer main in the street shall be installed along the left side property line to City standards as required by the development,- 18. evelopment;18. that all abandoned utilities and hookups shall be removed unless their removal is determined by the City Arborist to have a detrimental effect on any existing protected trees on or adjacent to the site; 19. that prior to being issued a demolition permit on the site, the property owner shall submit an erosion control plan for approval by the City Engineer; 20. that prior to installation of any sewer laterals, water or gas connections to the site, the property owner shall submit a plan for approval by the City Engineer and the City Arborist; 21. that all runoff created during construction and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 22. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; 23. that the project property owner shall obtain Planning Commission approval for any revisions to the proposed house or necessary changes to the tree protection program or to address new issues which may arise during construction; 8 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes February 9,2009 24. that should any cultural resources be discovered during construction,work shall be halted until they are fully investigated by a professional accepted as qualified by the Community Development Director and the recommendations of the expert have been executed to the satisfaction of the City; 25. that no installation work on the driveway or landscaping on the site shall occur until the timing, design,method of construction and materials have been approved by the City Arborist,and the project arborist shall be on the site continually to supervise the installation of the driveway and to make adjustments based on any root impacts identified during the process of construction;the construction activity shall be inspected regularly by the City Arborist during construction for compliance with the approved materials and method of installation;it shall be the responsibility of the property owner to notify the City Arborist when construction of the driveway on Lot 9 is to begin; 26. that the established root protection fencing shall be inspected regularly by the City Arborist and shall not be adjusted or moved at any time during demolition or construction unless approved by the City Arborist;and that the root protection fencing shall not be removed until construction is complete on Lots 9 and 10,except if the portion of the protective fence on Lot 9 in the area of the driveway may be removed to install the driveway with the approval of the City Arborist;the removal of a section of the fence should not disturb the maintenance irrigation system installed within the tree protective fencing; 27. that special inspections by the City Arborist,to be funded by the property owner,shall include being on site during any demolition and grading or digging activities that take place within the designated tree protection zones,including the digging of the pier holes for the pier and grade beam foundation and during digging for removal or installation of any utilities;and that the special inspections by the City Arborist shall occur once a week or more frequently as required by the conditions of approval and shall include written documentation by the project arborist that all tree protection measures are in place and requirements of the conditions of approval are being met;and that the City Arborist shall also stop work for any violation of the conditions related to the protection,conservation and maintenance of trees on the site; 28. that under the observation of the City Arborist,all pier holes for the foundation shall be hand dug to a depth of no more than 18 inches and the surface area around the hole shall be protected as required by the City Arborist;and that if any roots greater than 2 inches in diameter are encountered during the digging for the pier holes,the project arborist shall call the City Arborist and determine how the pier shall be relocated and the Building Department shall be informed of the change and approve that the requirements of the building code are still met;and that if at any time during the installation of the pier and grade beam foundations roots greaterthan 2 inches in diameter must be cut,the situation must be documented by the project arborist and approved bythe City Arborist prior to the time the roots are cut; 29. that,based on root locations that will be determined by hand digging on the site,the property owner shall submit a detailed foundation report and design for approval by the Building Department and City Arborist to establish the bounds of the pier and grade beam foundation,the report shall be approved prior to the issuance of a building permit for construction on the site;and if at any time during the construction the pier locations must be altered to accommodate a Redwood tree root,the structural changes must be approved by the Building Department prior to the time any such root is cut or damaged; 30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior to a Building permit being issued to address the landscaping and fence installation on the site, including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site; `.. installation of all landscape features shall be overseen by the project arborist and regularly _ 9 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 inspected by the City Arborist, including fence post holes; and work shall be stopped and plan. revised if any roots of 2 inches in diameter or greater are found in post holes or any new Iandscapt materials added endanger the redwood trees; 31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between Lots 9 and 10; 32. that for tree maintenance the property owner shall be responsible for maintenance of the protected Redwood grove during demolition and construction work on the project and for a 5- year post construction maintenance program for the Redwood trees and their root structure; including deep root fertilizing, beginning upon final inspection; this maintenance program shall be as recommended by the City Arborist based on site studies and experience during construction; and that the property owner of record shall submit a report from a certified arborist to the Planning Department that discusses the health of the trees and any recommended maintenance on the trees or other recommended actions on the property no later than one year after the completion of construction (issuance of an occupancy permit) on the project and every two years thereafter for a period of 5 years; 33. a. The property owner shall provide evidence of an "irrevocable letter of credit" in a form acceptable to the City Attorney, that: 1) provides for funding in the amount of$5,615 to cover the cost of 5-years of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake Avenue, as outlined in Mayne Tree Expert Company's February 3, 2009 proposal addressed to Community Development Director William Meeker; payment for the annual cost of the required maintenance may be from the letter of credit by the property owner upon notice to and approval by City;the letter of credit will be reduced by the amount of the annual invoice provided by Mayne Tree Expert Company for the performance of said services, upon submission of a copy of the invoice to the City of Burlingame Community Development Department; and 2) provides for an addition $15,000 to be held for a 5-year period beyond the completion of project construction(i.e. certificate of occupancy/final inspection); the City may draw upon the $15,000 if any tree fails due to construction-related activities during this 5-year period; if drawn upon the property owner shall replenish the amount back to the$15,000 level,which shall be maintained through the conclusion of the 5-year term; at the conclusion of the 5-year term, remaining funds shall be released to the property owner by the City. b. The$118,780 cash deposit currently held by the City of Burlingame shall be released to the property owner upon certification by the City Arborist that the construction-related mitigation measures in the conditions of approval have been completed; confirmation that certificates of occupancy/final inspections have been granted forthe homes constructed at 1537 and 1543 Drake Avenue; and submission of proof of an irrevocable letter of credit, in favor of the City, as outlined in items 1)and 2)above. In the event an irrevocable letter of credit cannot be obtained by the property owner; the amount of the cash deposit released by the City shall be decreased by the amounts stated;the remaining funds on deposit shall be placed in an interest-bearing account at a rate notto exceed the current LAIF ("Local Agency Investment Fund") rate. 34. that for purposes of these conditions the project arborist is a certified arborist hire by the property owner/developer; a certified arborist means a person certified by the International Society of Arboriculture as an arborist; 35. that before issuance of any demolition or building permit, the property owner shall record a deed restriction on the lot identifying the four (4) key Redwood trees and providing notice to the heirs, successors, and assigns that these trees were key elements of the development of the lot and: '1 10 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes February 9, 2009 a. The trees may cause damage or inconvenience to or interfere with the driveways, foundations, roofs, yards, and other improvements on the property; however, those damages and inconveniences will not be considered grounds for removal of the trees under the Burlingame Municipal Code; b. Any and all improvement work, including landscaping and utility service, on the property must be performed in recognition of the irreplaceable value of the trees, must be done in consultation with a certified arborist, and if any damage to the trees occurs, will result in penalties and-possible criminal prosecution; 36. that the project shall meet all the requirements of the California Building and Fire Codes, 2001 Edition, as amended by the City of Burlingame; 37. that before any grading or construction occurs on the site, these conditions and a set of approved plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the Building Department so that they are readily visible and available to all persons working or visiting the site; 38. that if work is done in violation of any requirement in these conditions prior to obtaining the required approval of the City Arborist, and/or the Building Division, work on the site shall be immediately halted, and the project shall be placed on a Planning Commission agenda to determine what corrective steps should be taken regarding the violation; 39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 9, and this Redwood Tree Grove Protective Fencing shall not be temporarily altered, moved or removed during construction; no materials, equipment or tools of any kind are to be placed or dumped, even temporarily, within this Redwood Tree Grove Protective Fencing, the protective ~' fencing and protection measures within the fencing shall remain in place until the building permit for the development on Lot 9 has been finaled and an occupancy permit issued; except for modification of the protective fencing as approved by the City Arborist in order to install the driveway on Lot 9; 40. that prior to issuance of a building permit for construction on Lot 9, the property owner shall install a locked gate in the Redwood Tree Grove Protective Fencing for inspection access to the protected area in order to determine on going adequacy of mulch, soil moisture and the status of other field conditions as necessary throughout the construction period; this area shall be accessed only by the project arborist, City Arborist, or workers under the supervision of these professionals; 41 . that the property owner shall maintain throughout construction a three-inch thick layer of well aged, course wood chip mulch (not bark) and a two-inch thick layer of organic compost spread over the entire soil surface within the Redwood Tree Grove Protective Fencing; installation of the wood chip and compost shall be accomplished by a method approved by the project arborist and CityArborist; installation of the wood chip and compost shall be supervised by the project arborist and the City Arborist; the project arborist shall inform the City Arborist of the timing of installation of the course wood chip mulch and organic compost so that observation and inspection can occur; 42. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached to an active hose bib, snaked throughout the entire area on Lots 9 and 10 within the Redwood Tree Grove Protective Fencing; irrigation must be performed at least once every two weeks throughout the entire construction period for all three lots unless determined not to be necessary by the project arborist and City Arborist; this area shall be soaked overnight, at least once every two weeks, until the upper 24-inches of soil is thoroughly saturated; the City Arborist shall 11 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 periodically test the soil moisture to ensure proper irrigation; --� 43. that prior to issuance of a building permit for construction on Lot 9, the property owner shall ensure maintenance of at least four(4), 8-inch by 11-inch laminated waterproof signs on the Redwood Tree Grove Protective Fencing warning that it is a"Tree Protection Fence", "Do Not Alter or Remove"and in the event of movement or problem call a posted emergency number; 44. that the Redwood Tree Grove Protective Fencing on Lot 9 shall be regularly inspected by the project arborist and City Arborist during construction on Lot 9; violation of the fenced areas and/or removal or relocation of the fences shall cause all construction work to be stopped until possible damage has been determined by the City Arborist and the property owner has implemented all corrective measures and they have been approved by the City Arborist; 45. that before issuance of a building permit,the property owner shall deposit$7,500 with the Planning Department to fund, on an hourly basis, the City Arborist inspections as required by the conditions of approval on Lot 9 to insure that the mitigation measures included in the negative declaration and the conditions of approval attached to the project by the Planning Commission action are met; and a. that the property owner shall replenish by additional deposit by the 15th of each month to maintain a $7,500 balance in this inspection account to insure that adequate funding is available to cover this on-going inspection function; and b. that failure to maintain the amount of money in this account by the 15th of each month shall result in a stop work order on the project which shall remain in place until the appropriate funds have been deposited with the City; -� C. that should the monthly billing during any single period exceed $7,500 a stop work order shall be issued until additional funds to replenish the account have been deposited with the city so inspection can continue; and d. that should the city be caused to issue three stop work orders for failure to maintain the funding in this arborist inspection account, the property owner shall be required to deposit two times the amount determined by the City Arborist to cover the remainder of the inspection work before the third stop work order shall be removed; and e. that the unexpended portion of the inspection deposit shall be returned to the property owner upon inspection of the installation of the landscaping and fences, irrigation system and approval of the five year maintenance plan/program for the portion of the Redwood tree grove on the lot; and f. that this same account may be used for a licensed arborist inspector on lot 9 selected by the City Arborist and approved by the Community Development Director. 46. that prior to the final inspection,the applicant shall work with the property owner adjacent to Lot 9 to determine the type of fence and/or landscaping to replace the existing brick pillars separated by grape stake fencing. 12 CITY OF BURLINGAME PLANNING COMMISSION- Unapproved Minutes February 9, 2009 1543 Drake Avenue 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 13, 2007, sheets A.1, A.4, A.5, U.1, L1.1, S.1 and D.1 through DA, and date stamped June 7, 2007, sheets A.2, A.3, AAA, AAB, A.5A, A.5B, A.6 and L1.0; 2. that any changes to the size or envelope of the first or second floors, or garage,which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 3. 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. 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 and the City Arborist shall verify that all required tree protection measures were adhered to during construction including maintenance of the redwood grove, an appropriate tree maintenance program is in place, all required landscaping and irrigation was installed appropriately, and any redwood grove tree protection measures have been met; 5. 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; 6. that the conditions of the City Engineers' May 31, June 4, August 30, and October 15, 2002, June 27, 2005, and June 18, 2007, memos, the Fire Marshal's September 3, 2002, June 22, 2005, and June 18, 2007 memos, the Chief Building Official's August 5, 2002, June 27, 2005, and June 15, 2007 memos, the Recycling Specialist's August 27, 2002, and June 27, 2005 memos, the NPDES Coordinator's June 27, 2005, memo, and the City Arborist's September 3, 2002, and April 3 and May 21, 2003, and April 13, 2007 memos shall be met; 7. that any grading or earth moving on the site shall be required to have a City grading permit, be overseen by the project arborist, inspected by the City Arborist, and be required to comply with all the regulations of the Bay Area Air Quality Management District and with all the requirements of the permit issued by BAAQMD; 8. that there shall be no heavy equipment operation or hauling permitted on weekends or holidays during the development of Lot 10; use of all hand tools shall comply with the requirements of the City's noise ordinance; 9. that as much employee parking as possible shall be accommodated on the site during each of the phases of development; construction activity and parking shall not occur within the redwood tree grove protective fencing on Lot 10; 10. that construction materials shall not be staged on Lot 9; all heavy equipment and materials shall be staged along the right side of the property on Lot 10; 13 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 11. that at no time shall any equipment exceeding 18,000 LBS be allowed to be within 30 feet of the -� currently fenced off Redwood Tree Grove protection zone; 12. that prior to the placement or use of any motorized equipment within 30 feet of the currently fenced Redwood Tree Grove protection zone, a protective layer of mulch one foot deep with % inch plywood on top, shall be installed and inspected by the project arborist to avoid further soil compaction of the area; post construction the protective plywood and mulch may be removed as approved by the project arborist; 13. all construction shall be done in accordance with the California Building Code requirements in effect at the time of construction as amended by the City of Burlingame, and limits to hours of construction imposed by the City of Burlingame Municipal Code; 14. that the method of construction and materials used in construction shall insure that the interior noise level within the building and inside each unit does not exceed 45 dBA in any sleeping areas; 15. that all new utility connections to serve the site, and which are affected by the development, shall be installed along the right side property line to meet current code standards and local capacities of the collection and distribution systems shall be increased at the property owner's expense if determined to be necessary by the Public Works Department and the location of all trenches for utility lines shall be approved by the City Arborist during the building permit review and no trenching for any utility shall occur on site without continual supervision of the project arborist and inspection by the City Arborist; 16. that the new sewer connection to the public sewer main shall be installed along the right side property line to City standards as required by the development; 17. that all abandoned utilities and hookups shall be removed unless their removal is determined by the City Arborist to have a detrimental effect on any existing protected trees on or adjacent to the site; 18. that prior to being issued a demolition permit on the site,the property owner shall submit an erosion control plan for approval by the City Engineer; 19. that prior to installation of any sewer laterals, water or gas connections on the site, the property owner shall submit a plan for approval by the City Engineer and the City Arborist; 20. that all runoff created during construction and future discharge from the site will be required to meet National Pollution Discharge Elimination System (NPDES) standards; 21. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance; 22. that the project property owner shall obtain Planning Commission approval for any revisions to the proposed house and/or accessory structure or necessary changes to the tree protection program or to address new issues which may arise during construction; 23. that should any cultural resources be discovered during construction,work shall be halted until they are fully investigated by a professional accepted as qualified by the Community Development Director and the recommendations of the expert have been executed to the satisfaction of the City; 24. that the driveway shall be designed to be pervious material as approved by the City Arborist, and installed according to approved plans with the supervision of the project arborist and regularl, inspected by the City Arborist; 14 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 25. that the established root protection fencing shall be inspected regularly by the City Arborist and shall not be adjusted or moved at any time during demolition or construction unless approved by the City Arborist;that the root protection fencing shall not be removed until construction is complete on Lots 9 and 10, except if the portion of the protective fence on Lot 9 in the area of the driveway may be removed to install the driveway with the approval of the City Arborist;the removal of a section of the fence should not disturb the maintenance irrigation system installed within the tree protective fencing; 26. that the driveway on Lot 10 shall be constructed of pavers set in sand, with a maximum cut below grade of 10 inches and a base compaction determined by the project arborist and approved by the City Arborist;that if any roots greater than 3 2 inches in diameter are encountered during grading for the driveway on Lot 10 and must be cut to install the driveway,the situation shall be documented by the project arborist and approved by the City Arborist prior to cutting any roots;and that if at any time the project arborist on site or the City Arborist feels the number of roots to be cut to install the driveway on Lot 10 is significant, a stop work order shall be issued for the site until the City Arborist determines whether it is necessary to relocate the driveway; 27. that special inspections by the City Arborist, to be funded by the property owner, shall include being on site during any demolition and grading or digging activities that take place within the designated tree protection zones, including the digging of the pier holes for the pier and grade beam foundation, and during digging for removal or installation of any utilities; that the special inspections by the City Arborist shall occur once a week or more frequently as required by the conditions of approval and shall include written documentation by the project arborist that all tree protection measures are in place and requirements of the conditions of approval are being met;that no materials or equipment shall be stockpiled or stored in any area not previously approved by the City Arborist; and that the City Arborist may also stop work for any violation of the conditions related to the protection, conservation and maintenance of trees on the site; 28. that under the observation of the City Arborist, all pier holes for the foundation shall be hand dug to a depth of no more than 18 inches and the surface area around the hole shall be protected as required by the City Arborist; that if any roots greater than 2 inches in diameter are encountered during the digging for the pier holes, the property owner's on-site arborist shall call the City Arborist and determine how the pier shall be relocated and the Building Department shall be informed of the change and approve that the requirements of the building code are still met; and that if at any time during the installation of the pier and grade beam foundations roots greater than 2 inches in diameter must be cut,the situation must be documented by the project arborist and approved by the City Arborist prior to the time the roots are cut; 29. that, based on root locations that will be determined by hand digging on the site,the property owner shall submit a detailed foundation report and design for approval by the Building Department and City Arborist to establish the bounds of the pier and grade beam foundation and have it approved prior to the issuance of a building permit for construction on the site; and that if at any time during the construction the pier locations must be altered to accommodate a Redwood tree root, the structural changes must be approved by the Building Department prior to the time any such root is cut or damaged; 30. that the property owner shall submit a complete landscape plan for approval by the City Arborist prior to a Building permit being issued to address the landscaping and fence installation on the site, including plantings, irrigation, electricity, fences, retaining walls and soil deposits on the site; installation of all landscape features shall be overseen by the property owner's arborist and regularly 15 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 inspected by the City Arborist, including fence post holes; and work shall be stopped and plan, revised if any roots of 2 inches in diameter or greater are found in post holes or any new landscape_ materials added endanger the redwood trees; 31. that no fencing of any kind shall be allowed for the first 65'-0" along the side property line between Lots 9 and 10; 32. that for tree maintenance the property owner shall be responsible for maintenance of the protected Redwood grove during demolition and construction work on the project and for a 5-year post construction maintenance program for the Redwood trees and their root structure on the site, including deep root fertilizing, beginning upon final inspection. This maintenance program shall be founded upon the recommendations of the April 28, 2003 Mayne Tree Company report as well as such additional recommendations as the property owner shall receive from a certified arborist; and that the property owner of record shall submit a report from a certified arborist to the Planning Department that discussed the health of the trees and any recommended maintenance on the trees or other recommended actions on the property no later than one year after the completion of construction (issuance of an occupancy permit) on the project and every two years thereafter for a period of 5 years; 33. a. The property owner shall provide evidence of an "irrevocable letter of credit" in a form acceptable to the City Attorney, that: 1) provides for funding in the amount of$5,615 to cover the cost of 5-years of ongoing maintenance of the Redwood grove present at 1537 and 1543 Drake Avenue, as outlined in Mayne Tree Expert Company's February 3, 2009 proposal addressed to Community Development Director William Meeker; payment for the annual cost of the required maintenance may be from the letter of credit by the property owner upon notice to and approval by—,, City;the letter of credit will be reduced by the amount of the annual invoice provided by Mayne Tre( Expert Company for the performance of said services, upon submission of a copy of the invoice to the City of Burlingame Community Development Department; and 2) provides for an additional $15,000 to be held for a 5-year period beyond the completion of project construction (i.e. certificate of occupancy/final inspection); the City may draw upon the $15,000 if any tree fails due to construction-related activities during this 5-year period; if drawn upon the property owner shall replenish the amount back to the$15,000 level,which shall be maintained through the conclusion of the 5-year term; at the conclusion of the 5-year term, remaining funds shall be released to the property owner by the City. b. The$118,780 cash deposit currently held by the City of Burlingame shall be released to the property owner upon certification by the City Arborist that the construction-related mitigation measures in the conditions of approval have been completed; confirmation that certificates of occupancy/final inspections have been granted for the homes constructed at 1537 and 1543 Drake Avenue; and submission of proof of an irrevocable letter of credit, in favor of the City, as outlined in items 1)and 2)above. In the event an irrevocable letter of credit cannot be obtained by the property owner; the amount of the cash deposit released by the City shall be decreased by the amounts stated; the remaining funds on deposit shall be placed in an interest-bearing account at a rate not to exceed the current LAIF ("Local Agency Investment Fund") rate. 34. that for purposes of these conditions the project arborist is a certified arborist hire by the property owner/developer; a certified arborist means a person certified by the International Society of Arboriculture as an arborist; 35. that before issuance of any demolition or building permit, the property owner shall record a deet' restriction on the lot identifying the four (4) key Redwood trees and providing notice to the heirs, 16 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 successors, and assigns that these trees were key elements of the development of the lot and: a. The trees may cause damage or inconvenience to or interfere with the driveways, foundations, roofs,yards,and other improvements on the property; however,those damages and inconveniences will not be considered grounds for removal of the trees under the Burlingame Municipal Code; b. Any and all improvement work, including landscaping and utility service, on the property must be performed in recognition of the irreplaceable value of the trees, must be done in consultation with a certified arborist, and if any damage to the trees occurs, will result in penalties and possible criminal prosecution; 36. that the project shall meet all the requirements of the California Building and Fire Codes, 2001 Edition or the edition approved by the City and as amended by the City of Burlingame at the time a building permit is issued; 37. that before any grading or construction occurs on the site, these conditions and a set of approved plans shall be posted on a weather-proofed story board at the front of the site to the satisfaction of the Building Department so that they are readily visible and available to all persons working or visiting the site; 38. that if work is done in violation of any requirement in these conditions prior to obtaining the required approval of the City Arborist, and/or the Building Division, work on the site shall be immediately halted, and the project shall be placed on a Planning Commission agenda to determine what corrective steps should be taken regarding the violation; 39. that the Redwood Tree Grove Protective Fencing shall be maintained during construction on Lot 10, and this Redwood Tree Grove Protective Fencing shall not be temporarily altered, moved or removed during construction; no materials, equipment or tools of any kind are to be placed or dumped, even temporarily, within this Redwood Tree Grove Protective Fencing, the protective fencing and protection measures within the fencing shall remain in place until the building permit for each development on Lots 9 and 10 has received an occupancy permit and the City Arborist has approved removal of the protective fencing; 40. that prior to issuance of a building permit for construction on Lot 10, the property owner shall install a locked gate in the Redwood Tree Grove Protective Fencing for inspection access to the protected area in order to determine on going adequacy of mulch, soil moisture and the status of other field conditions as necessary throughout the construction period;this area shall be accessed only by the project arborist, City Arborist, or workers under the supervision of these professionals; 41. that the property owner shall maintain throughout construction a three-inch thick layer of well aged, course wood chip mulch (not bark) and a two-inch thick layer of organic compost spread over the entire soil surface within the Redwood Tree Grove Protective Fencing; installation of the wood chip and compost shall be accomplished by a method approved by the project arborist and City Arborist; installation of the wood chip and compost shall be supervised by the project arborist and the City Arborist; the project arborist shall inform the City Arborist of the timing of installation of the course wood chip mulch and organic compost so that observation and inspection can occur; 42. that prior to issuance of a building permit for construction on Lot 10,the property owner shall ensure maintenance of the supplemental irrigation system of approximately 250 feet of soaker hoses attached to an active hose bib, snaked throughout the entire area on Lots 9 and 10 within the Redwood Tree Grove Protective Fencing; irrigation must be performed at least once every two i 17 i CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 weeks throughout the entire construction period for all three lots unless determined not to br necessary by the project arborist and City Arborist; this area shall be soaked overnight, at least oncf. every two weeks, until the upper 24-inches of soil is thoroughly saturated; the City Arborist shall periodically test the soil moisture to ensure proper irrigation; 43. that prior to issuance of a building permit for construction on Lot 10,the property owner shall ensure maintenance of at least four(4), 8-inch by 11-inch laminated waterproof signs on the Redwood Tree Grove Protective Fencing warning that it is a"Tree Protection Fence", "Do Not Alter or Remove"and in the event of movement or problem call a posted emergency number; 44. that the Redwood Tree Grove Protective Fencing on Lot 10 shall be regularly inspected by the project arborist and City Arborist during construction on Lot 10; violation of the fenced areas and/or removal or relocation of the fences shall cause all construction work to be stopped until possible damage has been determined by the City Arborist and the property owner has implemented all corrective measures and they have been approved by the City Arborist; and 45. that before issuance of a building permit,the property owner shall deposit$7,500 with the Planning Department to fund, on an hourly basis, the City Arborist inspections as required in the conditions of approval of all construction and grading on Lot 10 to insure that the mitigation measures included in the negative declaration and the conditions of approval attached to the project by the Planning Commission action are met; and a. that the property owner shall replenish by additional deposit by the 15th of each month to maintain a $7,500 balance in this inspection account to insure that adequate funding is available to cover this on-going inspection function; and b. that failure to maintain the amount of money in this account by the 15th of each month sha result in a stop work order on the project which shall remain in place until the appropriate funds have been deposited with the City; and C. that should the monthly billing during any single period exceed $7,500 a stop work order shall be issued until additional funds to replenish the account have been deposited with the city so inspection can continue; and d. that should the city be caused to issue three stop work orders for failure to maintain the funding in this arborist inspection account, the property owner shall be required to deposit two times the amount determined by the City Arborist to cover the remainder of the inspection work before the third stop work order shall be removed; and e. that the unexpended portion of the inspection deposit shall be returned to the property owner upon inspection of the installation of the landscaping and fences, irrigation system and approval of the five year maintenance plan/ program for the portion of the Redwood tree grove on the lot; and f. that this same account may be used for the City Arborist's selected licensed arborist inspector on lot 10 selected by the City Arborist and approved by the Community Development Director. The motion was seconded by Commissioner Auran. Discussion of motion: 18 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes February 9,2009 • None Chair Cauchi called for a voice vote on the motion to approve. The motion passed 7-0. Appeal procedures were advised. This item concluded at 8:09 p.m. 4. 2843 ADELINE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, VARIANCE FOR HEIGHT AND SPECIAL PERMIT FOR ATTACHED GARAGE FOR ANEW,3%STORY SINGLE FAMILY DWELLING AND ATTACHED GARAGE(ROBERT VAN DALE, EDI ARCHITECTURE,APPLICANT AND ARCHITECT;AND DENHAM LLC, PROPERTY OWNER) STAFF CONTACT:ERICA STROHMEIER Reference staff report dated February 9,2009,with attachments. Senior Planner Hurin presented the report,reviewed criteria and staff comments. Sixteen(16)conditions were suggested for consideration. Chair Cauchi opened the public hearing. Alex Mortazavi,20 Vista Lane;represented the applicant. • Any development on the lot will result in some kind of Variance. • The City Arborist required the protection of a tree within the interior of the lot;this resulted in a request results in a Variance regardless of the approach to development. • The method of height measurement requires measurement from the curb;most other cities require height to be measured with respect to the natural slope. • The majority of the home is one and two stories in height. • Attempting to preserve trees on the lot. The Planning Commission requested that the home be placed further up the hillside. • The three neighbors at the top of the hill have objected to the design,but two are now withdrawing their concerns. • The neighbor to the left has been approached;have visited his property to see the potential privacy impacts;offered to build a 12'x 15'heavy redwood trellis that will protect privacy and block the view of the building. Also offered a 6-foot high fence along the property line. Extra plants will be placed in the area at his discretion and will be installed in addition to the current landscape plan for the subject property. • The neighbor will be permitted to retain a driveway encroachment on the property. • The new house is situated in excess of 23 feet from the property line shared with the neighbor to the left;the City only requires a 7-foot setback. • Not sure what else can be done to respond to the neighbor's concerns. • Provided a view simulation. • The left neighbor's privacy is already impacted by properties developed in the unincorporated County area. • Also provided a massing model. Commission comments: • Noted that there will be a row of five trees along the left side of the house and along the driveway on the applicant's property to further shield the neighbor to the left. • Asked for clarification of where the proposed house is 3'/stories in height(Hurin—demonstrated on the model;includes the garage level that is semi-subterranean). • Like the project;the residence is in the correct location now. 19 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 • How accurate is the driveway ramp modeled; what is the height of the retaining wall, and how will ' be treated (Mortazavi —can be built with keystones with plants growing out of it; or possibly use u textured wall that will allow for plant coverage). • What is the ceiling height at the bedroom level (Mortazavi—9-feet; must rise enough to bridge to the rear yard). • What is planned for the outdoor living space (Mortazavi —would like to have a waterfall using the retaining walls; natural landscaping will be used from bedroom area). • Have done a good job with the design. Public comments: Art Labrie, 2839 Adeline Drive; William and Justin Jarvis, 2835 Adeline Drive; and Wendy Ehrlich, 2833 Adeline Drive; Virginia Wright, 2811 Adeline Drive; and Steve Shefsky, 24 Vista Lane, spoke: • The perspective in the presentation showing his (Labrie's) property is misleading; the driveway will replace all of the trees along his property line. • Noted that the Planning Commission did not promise granting a height Variance. • Project requires a 33-foot height Variance (Cauchi—noted that the prior application was withdrawn and cannot be considered). • Will have a negative impact on his (Labrie's) property; will block sunlight and invade privacy. • The scale is not accurate in relation to his (Labrie's) property; should require story poles. • Noted the required findings for granting a Variance; requires a full investigation, including story poles. • His (Labrie's) property value will be lowered substantially by the new construction. • None of the findings for a Variance can be made. • The driveway will cause exhaust fumes to go into his (Labrie's) dining room and kitchen window: • The hill is very unstable; just lost a tree due to ground saturation; what will prevent the ridge from sliding down? • Invited all of the Commissioners into his (Labrie's) rear-yard after story poles have been erected. • Enjoys the tranquility of the area, there has been massive construction in the area for over three years. • The County neighbor's project has impacted the stability of the area. • New project would face into his (Labrie's) rear-yard; the project is out of character with the area. • Other development in the area has reduced sunlight to the neighboring properties. • Traffic on the street is horrible; will become more unsafe. • Losing all of the wildlife in the area. • There is no parking on the street. • The surrounding houses are lower than the subject site; there will be privacy impacts. • Feels that some portions of the house are greater than 30-feet above natural grade. • Encouraged restrictions on dirt hauling onto and off of the property. • Have view rights under the Hillside construction permit; story poles are needed to show true impacts upon views from the new construction. • Encouraged providing screening to obscure views of the new house. • Noted that the Shefsky house was built without any Variances. Alex Mortazavi responded: • Have a settlement agreement that allows structure to be built to an elevation of 256'; are far below that elevation. • Due to the siting of the residence, there cannot be shadow impacts, the sun sets behind thr" ridgeline. 20 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 • The summer sun will be at a much higher elevation; the hill itself will cast shadows, not the house. The adjacent building was built in the County jurisdiction; height measurement is to the finished floor; results in greater heights; his structure cannot cast shadows on adjacent homes down the street. • The majority of the homes are 7-feet from the property line; his garage door is approximately 31-feet of the property line with Labrie; a much greater distance than most homes maintain. • The structure does not rise to 30-feet above natural grade. • Have had a soils report prepared, including grading and drainage investigation;are engineering the development of the site; it is a misconception that the hillside will slide if the site is developed. • Have offered mitigation to address neighbors' privacy concerns. There were no further comments and the public hearing was closed. Additional Commission comments: • Like the design and the position of the home; there is some concern about the design of the retaining wall, but it can be treated well. • The model helps to demonstrate where the home will be placed on the property; but story poles are needed to help show the relationship to other homes. • Perhaps a shadow study could be prepared; but believes that the applicant's representations about the shadow impacts are accurate. Questioned whether the residents that are in the unincorporated County area can object to development in Burlingame; the applicant is taking many measures to mitigate privacy impacts (Guinan —the City cannot enforce legislative authority outside of its jurisdiction). • Story poles will be necessary to satisfy the neighbors' concerns; will provide clarity. Some concern about the size of the house; though the lot is greater than 20,000 square feet. • The sloping sight supports the Variance request. • Difficult to place the house at a better location on the site;will always impact the neighbors in some way; the current sighting mitigates impacts. • Story poles are typically used to determine massing and view impacts;the massing is well done,and views will not be impacted. Would like to have more description of materials (e.g. window types, trims, siding, etc.). • The applicant was encouraged to make the project a sustainable design. • A section drawing showing the landscape screening to the downhill neighbors should be prepared. • Impacts upon shadows and views are a given in the hillside areas. • Views into adjacent properties are not typically demonstrated with story poles; usually addresses distant views; there is no need for story poles. • How much attention should the Commission pay to County residents; have required story poles to demonstrate massing and placement of structures for edification of nearby neighbors;would support story poles along the left elevation. • There appears to be confusion about the size of the structure(Hurin—the Planning staff determined that the total floor area was 6,087 square feet). • The applicant has gone overboard to address impacts upon the neighbor to the left. Alex Mortazavi responded: • Noted that there are implications regarding the installation of story poles on the left side of the property; vegetation will need to be removed to allow installation of story poles. Commissioner Cauchi moved to continue with direction to install story poles along the left side of the property; noting that the neighbor will be made cognizant of the removal of vegetation. __ 21 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes February 9, 2009 The motion was seconded by Commissioner Lindstrom. Discussion of Motion: ■ Provide sections showing relationship of building and adjacent buildings, including landscaping. ■ If the neighbor on the immediate left and the applicant can agree with another solution without vegetation removal, then will accept a letter to that effect. ■ Should look at using a permeable surface for the driveway; and water management. ■ Be certain that construction equipment is kept to a minimum. ■ Concerned that the uphill neighbor could also have concerns; should also provide story poles along the rear. Commissioners Cauchi and Lindstrom agreed to amend the motion to include the installation of story poles along the rear elevation as well. Chair Cauchi called for a voice vote on the motion to continue the matter with direction to the applicant to install story poles along the left and rear elevations. The motion passed 6-1 (Commissioner Auran dissenting). This action is not appealable. This item concluded at 9:19 p.m. 5. 1860 EL CAMINO REAL, ZONED ECN — APPLICATION FOR PARKING VARIANCE TO CONVERT GENERAL OFFICE SPACE TO MEDICAL OFFICE IN AN EXISTING OFFICE BUILDING (MARCO CHAVEZ, APPLICANT AND PROPERTY OWNER; AND KRJ DESIGN GROUP, DESIGNER) STAFF CONTACT: ERICA STROHMEIER Reference staff report dated February 9, 2009, with attachments. Community Development Director Meeke presented the report, reviewed criteria and staff comments. Seven (7) conditions were suggested for consideration. Chair Cauchi opened the public hearing. Commission comments: ■ None. Marco Chavez, 1860 EI Camino Real; represented the applicant. ■ Has incorporated many of the items requested by the Commission. ■ Has reduced the proposed conversion from 100% to 66%. ■ CalTrain is supportive of allowing him to rent the parking spaces needed. ■ 192 spaces exist on the CalTrain property; 67 spaces are directly in front of his property; will rent 12- 24 of the spaces. The parking lot is seldom used due to the distance from BART and CalTrain. ■ Not opposed to providing the bicycle rack outside the building or inside the building. ■ There is a problem with providing more parking on the property; can't make many changes to the property based upon the change in zoning. Lifts would be unsightly. ■ Will inform new tenants to park at the CalTrain parking lot, or the parking lot to the south; can be a part of the rental agreement. Additional Commission comments: ■ Asked if street parking is counted (Chavez — no). 22 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 ■ Noted that the available parking at the CalTrain lot is plentiful. ■ Clarified that CalTrain will not provide a lease with the applicant unless City approval is provided (Meeker—suggested including a condition requiring parking agreement to be in place, and that the approval would terminate if the lease is not secured, or is terminated). Public comments: Pat Giorni, 1445 Balboa Avenue spoke: ■ Indicated that the bicycle parking needs to be in the building. ■ Noted that Turner Construction received an agreement with CalTrain because approval for hospital was already in place. ■ The only pressure that would ever be on the lot is that BART has begun charging for parking; could force more parking in the lot; though it is quite distant from the Millbrae BART/CalTrain Station. There were no further comments and the public hearing was closed. Further Commission comments: ■ Should this item perhaps be sent by the Traffic, Safety and Parking Commission for review? Commissioner A uran moved to refer the applicant's request to the Traffic, Safety and Parking Commission for their input regarding the potential impact upon parking at the CalTrain parking lot. The motion was seconded by Commissioner Cauchi. �-' Discussion of motion: ■ Concern that there is going to be more pressure on CalTrain for parking, there may not be enough parking for this conversion and BART users. ■ The Traffic, Safety and Parking Commission should review the request and provide an opinion whether this would negatively impact BART/CalTrain parking. ■ Asked if the request should have been referred to the Traffic, Safety and Parking Commission previously, what is its purview(Meeker—indicated that the Traffic, Safety and Parking Commission has no purview over decisions of the Planning Commission. In this instance, the only connection is that the use of the CalTrain parking spaces is proposed as mitigation for the Variance request). Chair Cauchi called for a voice vote on the motion refer the request to the Traffic, Safety and Parking Commission. The motion failed 3-4 (Commissioners Brownrigg, Lindstrom, We and Vistica dissenting). Commissioner Brownrigg moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped February 28, 2007, base floor plans sheets Al, A2 and A3, and date stamped January 22, Rear Entrance Preliminary Access Design (site/parking plan), and that any changes to the floor area, use or parking which exceeds the maximums as stated in these conditions shall require an amendment to this Parking Variance; 2. that the conditions of the Chief Building Official's November 24,2008, November 3, 2008 and March 5, 2007 memos, the City Engineer's March 8, 2007 memo, and the NPDES Coordinators March 5, 23 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 2007 memo shall be met; 3. that the applicant shall secure a lease agreement with CalTrain for a minimum of 13 parking spaces in the nearby CalTrain parking lot, prior to implementation of the Variance approval. In the event that the lease agreement is not secured, or is secured and is subsequently terminated;the Variance approval granted herein shall become null and void; 4. that four (4) ADA compliant parking spaces shall be provided in the parking lot and that these spaces shall be accompanied by an ADA compliant ramp leading to the rear entrance of the building; 5. that if the structure is demolished or the envelope changed at a later date the Parking Variance as well as any other exceptions to the code granted here will become void; 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 any construction on the building, 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 the project shall meet all the requirements of the California Building and Uniform Fire CodeE 2007 Edition, as amended by the City of Burlingame. The motion was seconded by Commissioner Vistica. Discussion of Motion: ® Requested that staff obtain information from the Traffic, Safety and Parking Commission regarding the use of BART/CalTrain parking in the vicinity of the Millbrae BART/Cal Train Station. Chair Cauchi called for a voice vote on the motion to approve. The motion passed 5-2 (Commissioners Auran and Cauchi dissenting). Appeal procedures were advised. This item concluded at 9:46 p.m. IX. DESIGN REVIEW STUDY ITEMS Commissioner Vistica indicated that he would recuse himself from discussions regarding Agenda Item 6 (108 Arundel Road), since he lives within 500-feet of the property. He left the Council Chambers. 6. 108 ARUNDEL ROAD, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (JO ANN GANN, APPLICANT AND DESIGNER; AND BEN AND VICKY HSIA, PROPERTY OWNERS) STAFF CONTACT: ERICA STROHMEIER Reference staff report dated February 9, 2009,with attachments. Senior Planner Hurin briefly presented the project description. There were no questions of staff. 24 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes February 9, 2009 Chair Cauchi opened the public comment period. Jo Ann Gann, 244 Fulton Street, Redwood City; represented the applicant. Commission comments: ■ Provide more detail regarding finishing (trim, roof type, etc.). ■ Complemented the design; massing is done well. ■ Clarify that new finishes will match existing. On the front elevation the existing home has a nice composition; this is lost with the window seat box that is added; consider a shed roof over the bay window centered in the space. ® Asked if the deck in the rear is being re-built (Gann —yes). Call out new materials for deck. Call out the driveway material; would prefer pavers. Public comments: Pat Giorni, 1445 Balboa Avenue spoke: ■ Good first blush at a design; it is clearly a remodel. Doesn't like the round chimney cap; is it necessary? There were no other comments from the floor and the public hearing was closed. Commissioner Terrones made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner A uran. Discussion of motion: ■ Important to provide more detail;the owner is entering into a contract with the City that ensures that the project will be built as reflected on the approved plans. Chair Cauchi called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 6-0-1 (Commissioner Vistica recused). The Planning Commission's action is advisory and not appealable. This item concluded at 9:56 p.m. Commissioner Vistica returned to the dais. 7. 438 CUMBERLAND DRIVE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (JESSE GEURSE, APPLICANT AND DESIGNER: AND BILL MYERS, PROPERTY OWNER) STAFF CONTACT: LISA WHITMAN Reference staff report dated February 9, 2009,with attachments. Senior Planner Hurin briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. Jesse Geurse, 405 Bayswater Avenue; represented the applicant. Commission comments: 25 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes February 9,2009 • Complemented the design. '1 • Asked if the entire roof will be new(Geurse—yes). • The structure is close to adjacent neighbor to the rear;are the exterior lights new or existing(Geurse —new). Because the structure is so close to the adjacent neighbor,be certain that the lights do not glare onto the neighbor's property. • Is there a flat roof section(Geurse—yes,a flat, recessed roof area with a parapet because the massing will work better). Questioned if this is the right solution;the roof is a dramatic part of the design; would still likely be within the height limit (Geurse — thought it may be too large in comparison to other structures in the area). • On the balcony on the elevation on page A6,what is the finish over the balcony(Hurin—noted new decorative shed roof with metal bracing). • The dormers will be a bold statement; it is important to insist to the builder that they be built as planned with copper roofs. • Are wood windows to be installed within the dormers(Geurse—yes). • Clarify the design of transom windows. Public comments: Pat Giorni,1445 Balboa Avenue spoke: • Beautiful design,the application should be placed on the Consent Calendar. 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 Consent Calendar when complete. This motion was seconded by Commissioner Brownrigg. Discussion of motion: • Remind the contractor that it is expected that what is being approved will be built. Chair Cauchi called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 10:06 p.m. X. COMMISSIONERS'REPORTS There were no Commissioner's Reports. XI. DIRECTOR'S REPORT Commission Communications: • Commissioner Auran's and Commissioner Cauchi's terms on the Commission are up in April. Applications for appointment to the Commission will be accepted through March 16,2009. • Reminder to advise the Community Development Director of attendance at March 21,2009 annual Joint City Council/Planning Commission meeting; and to return any suggestions for topics of discussion to the Director by February 13,2009. 26 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes February 9, 2009 Actions from Regular City Council meeting of February 2, 2009: ■ None FYI: Peninsula Hospital Complaint Log — January, 2009: ■ Accepted XII. ADJOURNMENT Chair Cauchi adjourned the meeting at 10:07 p.m. Respectfully submitted, Stanley Vistica, Secretary v 27 City of Burlingame JANUARY PERMIT ACTIVITY '* Permit activity was strong for the fifth straight month. Although minor permits were slow residential alterations were up by more than 30% and commercial renovations and new construction were very active. Five permits were issued for new construction with a total valuation of just under $17,000,000. These permits included the new BMW service center on Adrian Road and the addition of a sixth floor to the medical office building which supports Peninsula Hospital. *" Pre-application meetings were held for a proposed facade renovation at 85 California Drive and a proposed yoghurt shop at 1212 Donnelly Avenue. THIS MONTH THIS MONTH DIFF F. Y. 2009 F. Y.2008 DIFF LAST YEAR Permit Type # # % # # % WATER HEATER 1 900 15 32,351 22 35,423 -9 SWIMMING POOL 1 5,000 2 43,000 5 82,000 -48 SIGN 1 1,259 4 38,100 -97 18 105,803 26 102,555 3 ROOFING 6 161,156 13 161,580 0 110 1 ,750,854 137 1,912,943 -8 RETAINING WALL 1 4,000 PLUMBING 16 32,487 7 20,356 60 68 248,761 79 333,600 -25 NEW SFD 1 425,000 7 4,150,000 4 2,475,000 68 NEW COMMERCIAL 1 5,347,500 1 5,347,500 1 42,000,000 -87 NEW 5 UNIT APT OR CO 1 2,500,000 NEW 3 OR 4 UNIT APT MECHANICAL 7 34,069 24 171,953 23 148,008 16 KITCHEN UPGRADE 1 49,500 10 301,500 -84 24 768,504 35 1,042,704 -26 FURNACE 5 19,325 11 93,133 13 71,542 30 ELECTRICAL SERVICE 1 500 3 4,500 -89 19 63,200 18 84,165 -25 City of Burlingame JANUARY PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2009 F. Y.2008 DIFF Permit Type # # % # # % ELECTRICAL 3 9,500 5 55,300 -83 22 213,420 32 115,539 85 BATHROOM UPGRADE 4 40,500 3 58,000 -30 27 398,779 28 475,055 -16 ALTERATION RESIDENTI 22 1,121,510 33 841,400 33 190 7,887,129 216 8,681,921 -9 ALTERATION NON RES 8 11,020,234 11 1,482,065 644 68 22,754,269 64 13,015,254 75 Totals: 71 17,819,115 96 3,412,126 422 608 46,532,655 703 70,575,709 -34 Ccomcast) Comcast Cable 3443 Deer Park Drive Stockton,CA 95219 February 9, 2009 Mr.Jesus Nava Finance Director/Treasurer City of Burlingame 501 Primrose Road Burlingame, CA 94010 Re: Comcast SportsNet Dear Mr. Nava, Effective on or after March 10, 2009, Comcast SportsNet programming will be relocated to a new service tier and channel: Programming Current Channel/Tier New Channel/Tier Comcast SportsNet Ch. 400—Digital Classic Ch. 89—Digital Starter Customers are being notified of this change with a message on their Digital Control Terminal. If you have any questions,please feel free to contact your local GA Director,Lee Ann Peling at (415) 715-0579. nec tfully ' Pat Rice Compliance Manager